Workers' Compensation

Friday, January 17, 2014

United Airlines plane returns to Newark Airport after strong turbulence; 5 flight attendants hurt

As United Airlines begins the furlough today of about 700 flight attendants, a United plane hit turbulence and 5 flight attendance were reportedly injured. Even though they may have been in international airspace, the claims are subject to workers' compensation coverage. Today's post is shared from nj.com.

NEWARK — Five flight attendants were hurt, with one complaining of severe back pain, after a Beijing-bound flight that took off from from Newark Liberty International Airport hit turbulence about 30 minutes after takeoff, a spokesman for the Port Authority of New York and New Jersey said today.
Flight 89 returned to the airport about 4:30 p.m., the spokesman, Ron Marsico said.
A United Airlines spokeswoman said the aircraft, which took off at 12:40 p.m., was carrying 189 passengers and 16 crew members. None of the passengers was injured, Marsico said.
Emergency workers treated the flight attendants at the scene for minor bumps and bruises. All five were taken to area hospitals, he said.
Passengers were offered hotel rooms in Newark and will be flying out tomorrow, the United spokeswoman said.

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Thursday, January 16, 2014

Fire at Chinese shoe factory kills 16: Xinhua

Today's post was shared by Steven Greenhouse and comes from www.reuters.com

BEIJING (Reuters) - A fire at a shoe factory in eastern China killed 16 people and injured five, state media reported, the latest disaster to highlight China's poor workplace safety record.

The fire broke out at the factory in Wenling in the wealthy coastal province of Zhejiang on Tuesday, the official Xinhua news agency said.

More than 20 people were rescued and the injured were all in stable condition in hospital, it said. The cause of the fire was being investigated.

China, the world's second-largest economy, has a bad record on workplace safety. Fire exits in factories, office buildings and shops are often locked to prevent workers taking time off or stealing, or even blocked completely.

A fire at a poultry slaughterhouse in the northeastern province of Jilin in June 2013 killed 120 people. That blaze was blamed on poor management, lack of government oversight and locked or blocked exits.

Many industrial accidents happen in the huge coal mining industry, in which hundreds die every year from explosions, mine collapses and floods.

(Reporting by Ben Blanchard; Editing by Paul Tait)

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Fire Kills 16 at Factory Making Shoes for Export

Today's post was shared by Steven Greenhouse and comes from sinosphere.blogs.nytimes.com

A fire tore through a shoe factory in eastern China, killing at least 16 people, and the state media said that the police on Wednesday took into custody the owners of the plant, which makes shoes for export around the world.

The blaze at the plant in Wenling was the latest in a series of deadly industrial accidents in China, casting attention on the poor occupational safety situation in the country. Last summer, 120 people were killed in a fire at a poultry slaughterhouse in northeastern China, in which blocked exits were cited as a cause of the high number of deaths.

Xinhua, the state-run news agency, said that the police took into custody Lin Jianfeng, the legal representative of the plant, and Lin Zhenjian, a shareholder of Taizhou Dadong Shoes Company. Taizhou Dadong exports shoes to five continents and employs 4,580 workers, who produce 50,000 pairs of shoes a day, according to a profile of the company.

Leading Western clothing retailers have come under increased scrutiny for workplace conditions at Asian plants that supply their products, particularly after the collapse of a garment factory in Bangladesh last year killed 1,100 workers. It could not be determined which...

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EPA’s fast-track approval process for pesticides raises health concerns

Today's post was shared by FairWarning and comes from cironline.org

EPA HQ

Tiny particles of silver could appear soon in children’s toys and clothing, embedded inside plastics and fabrics to fight stains and odors.
No one knows how the germ-killing particles, part of a new pesticide called Nanosilva, affect human health or the environment in the long run. But regulators have proposed letting Nanosilva on the market for up to four years before the manufacturer has to submit studies on whether the particles pose certain dangers.
That’s because the U.S. Environmental Protection Agency has backed approving Nanosilva through conditional registration, a fast-track process that recently has drawn criticism for oversight problems. Unlike regular registration, it allows a pesticide to be sold before all required safety studies are in. In this case, manufacturer Nanosilva LLC can move ahead even though it hasn’t explored fully the potential health risks if the product were to seep out of plastic or be inhaled.
Nanosilva’s approval, which could be finalized early this year, has renewed focus on the loophole, designed mainly to help the EPA speed up approvals of pesticides nearly identical to those already being sold.
Recent reviews have found vast problems with the EPA’s oversight of conditional registration. An internal audit showed in 2011 that 70 percent of all active pesticides had been conditionally approved. The audit also concluded that the agency used the label too broadly. Since then, its use has increased. Figures...

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NLRB Office of the General Counsel Issues Complaint against Walmart

The National Labor Relations Board (NLRB) Office of the General Counsel has issued a consolidated complaint against Walmart alleging that the company violated the rights of its employees as a result of activities surrounding employee protests in 13 states.

The Office of the General Counsel informed Walmart that complaints were authorized in November of 2013, but withheld issuing the complaints to allow time for settlement discussions. The discussions have not been successful and a consolidated complaint has issued regarding some of the alleged violations of federal law. More than 60 Walmart supervisors and one corporate officer are named in the complaint.

Cases were consolidated to avoid unnecessary costs or delay. Walmart must respond to the complaint by January 28, 2014. No hearing date has been set. The Office of General Counsel has authorized or issued complaints in other Walmart cases and additional charges remain under investigation.

The National Labor Relations Act guarantees the right of private sector employees to act together to try to improve their wages and working conditions with or without a union. The consolidated complaint involves more than 60 employees, 19 of whom were discharged allegedly as a result of their participation in activities protected by the National Labor Relations Act. The Office of the General Counsel alleges that Walmart violated the Act when:

During two national television news broadcasts and in statements to employees at Walmart stores in California and Texas, Walmart unlawfully threatened employees with reprisal if they engaged in strikes and protests.

At stores in California, Colorado, Florida, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, North Carolina, Ohio, Texas and Washington, Walmart unlawfully threatened, disciplined, and/or terminated employees for having engaged in legally protected strikes and protests.

At stores in California, Florida, and Texas, Walmart unlawfully threatened, surveilled, disciplined, and/or terminated employees in anticipation of or in response to employees’ other protected concerted activities

Former Texas Workers' Compensation Director Pleads Guilty to $500,000 Fraud

Former Texas Association Of School Boards (TASB) Workers Compensation Claims Administration Director Pleads Guilty To Mail Fraud Charges

In Austin today, Herman G. Wilks, former Department Director of Workers’ Compensation Claims Administration for the Texas Association of School Boards, Inc. (TASB), pleaded guilty to stealing over $500,000 from the TASB’s Risk Management Fund announced United States Attorney Robert Pitman and Federal Bureau of Investigation Special Agent in Charge Armando Fernandez, San Antonio Division.

The TASB is a voluntary, non-profit, statewide educational association that serves and represents local Texas school districts, regional education service centers, community colleges, and tax appraisal districts. One of the products and services offered by TASB to its members is the TASB Risk Management Fund. The TASB Risk Management Fund provides specific coverage to members through their requisite financial contributions into the risk management pool. This coverage can then apply with regard to unemployment compensation claims, workers' compensation claims, auto, liability and property programs. Wilks’ TASB duties included the supervision of setting up member school districts' workers' compensation claims, adjudicating medical bills and carrying out the utilization, management and pre-authorization functions required by the workers' compensation statutes. Pursuant to his title and area of responsibility at TASB, Wilks had control over and...

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Supreme Court case highlights U.S. labor agency political divide

Today's post was shared by Steven Greenhouse and comes from www.reuters.com

WASHINGTON/NEW YORK (Reuters) - When the U.S. Supreme Court hears arguments on Monday in a case involving soda bottler Noel Canning Corp., presidential appointment power will be the main dispute, but the case will also put on display one of Washington's most politically polarizing agencies - the National Labor Relations Board.

Created nearly 80 years ago to supervise union elections and protect workers' rights to organize, the NLRB is a battleground for pro-labor Democrats and pro-management Republicans.

Deep disagreement between the two sides over the NLRB's role - and over organized labor itself - makes disputes involving the board uncommonly bitter and subjects its agenda to constant reshaping, depending on which party controls the White House.

"It's no accident ... that this major constitutional showdown is occurring over appointments to the board," said AFL-CIO General Counsel Craig Becker, a former board member.

Monday's case began as a labor dispute. The NLRB found in February 2012 that Noel Canning, a Pepsi bottler in Yakima, Washington, had reneged on a verbal contract during union negotiations. The company appealed to the courts, attracting the support of the U.S. Chamber of Commerce, conservative interest groups and Republican leaders in Congress. The case evolved into a constitutional challenge to the president's power to make appointments to key posts without Senate confirmation.

At issue are "recess appointments" made in January 2012 by...

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Copyright

Friday, January 17, 2014

United Airlines plane returns to Newark Airport after strong turbulence; 5 flight attendants hurt

Thursday, January 16, 2014

Fire at Chinese shoe factory kills 16: Xinhua

Fire Kills 16 at Factory Making Shoes for Export

EPA’s fast-track approval process for pesticides raises health concerns

NLRB Office of the General Counsel Issues Complaint against Walmart

Related articles

Former Texas Workers' Compensation Director Pleads Guilty to $500,000 Fraud

Supreme Court case highlights U.S. labor agency political divide

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