LaVECCHIA, J., writing for a majority of the Court. In this appeal, the Court considers whether the 2011 suspension of State pension cost-of-living adjustments (COLAs), L. 2011, c. 78, contravened a term of the contract right granted under the earlier enacted “non-forfeitable right” statute, L. 1997, c. 113 (presently codified as N.J.S.A. 43:3C-9.5).
Thursday, June 9, 2016
FL Supreme Court Rules Yet Another Part of the Work Comp Law Unconstitutional
The Florid Supreme Court today ruled yet another part of the Florida Workers' Compensation Act unconstitutional. The cut off of benefits provision was declared unconstitutional. The future of workers' compensation law in FL is now uncertain.
Saturday, June 4, 2016
Mesothelioma: Employer Held Liable for Wife's Asbestos Related Death
The Tennessee Valley Authority (TVA) was held liable for the death of an asbestos worker's wife death from mesothelioma. A Federal Court in Alabama held that the the employer held that the employer had a duty to protect the wife a nuclear plant employee from take home asbestos exposure.
Thursday, June 2, 2016
Paterson NJ commercial launderer cited for exposing workers to carbon monoxide dange
Paterson commercial launderer cited for exposing workers to carbon monoxide danger, other safety and health hazards. OSHA fines Purrfect Enterprises Inc., $51K for nearly two dozen violations
Employer name: Purrfect Enterprises Inc., 262 Clinton St., Paterson, New Jersey
Citations issued: On May 23, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration issued citations for 22 serious violations and one other-than-serious violation.
Investigation findings: OSHA opened an inspection on Dec 28, 2015, after the Paterson Fire Department reported the release of carbon monoxide from the chimney at the facility, causing the hospitalization of four employees who lost consciousness. The agency cited the company for the following:
Overexposure of employees to carbon monoxide.
Failure to establish a safety program to protect workers from unexpected machine startups.
Machines without safety guards in place.
Electrical hazards.
Obstructed exits.
Lack of personal protective equipment.
Lack of an emergency action plan.
Deficient hazard communication program.
Proposed penalties: $51,100
Employer name: Purrfect Enterprises Inc., 262 Clinton St., Paterson, New Jersey
Citations issued: On May 23, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration issued citations for 22 serious violations and one other-than-serious violation.
Investigation findings: OSHA opened an inspection on Dec 28, 2015, after the Paterson Fire Department reported the release of carbon monoxide from the chimney at the facility, causing the hospitalization of four employees who lost consciousness. The agency cited the company for the following:
Overexposure of employees to carbon monoxide.
Failure to establish a safety program to protect workers from unexpected machine startups.
Machines without safety guards in place.
Electrical hazards.
Obstructed exits.
Lack of personal protective equipment.
Lack of an emergency action plan.
Deficient hazard communication program.
Proposed penalties: $51,100
"Carbon monoxide is a colorless, odorless and toxic gas which interferes with the oxygen-carrying capacity of blood. It can overcome a person without warning. While most people are aware of its dangers in a residential setting, it can be equally lethal in the workplace," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "The depth and range of hazards found at this facility reflect a breakdown in the company's safety and health system. It's important for this employer to correct the hazards and remove its workers from harm's way."
View the citations: http://www.osha.gov/ooc/citations/PurrfectEnterprisesIncdbaPurrfectLaundryInc_1118700_1114304.pdf
View the citations: http://www.osha.gov/ooc/citations/PurrfectEnterprisesIncdbaPurrfectLaundryInc_1118700_1114304.pdf
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
Tuesday, May 31, 2016
Ungerer workers exposed to chemical hazards, other safety and health dangers
OSHA cites Ungerer & Company, global flavor, fragrance manufacturer, for exposing workers to chemical hazards, other safety and health dangers
Citations issued: On May 25, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration issued one repeat and six serious violations, and one other-than-serious violation.
Inspection findings: OSHA received a referral on Jan. 27, 2016, from the Pennsylvania Emergency Management Agency alleging Ungerer & Company employees suffered respiratory distress from an unknown chemical odor, prompting an investigation.
The agency found repeat violations when the employer failed to use approved electrical equipment to clean up combustible dust, and did not train employees expected to participate in emergency response operations. Similar violations were previously cited in 2013.
The serious violations included:
The company also did not conduct periodic re-evaluations of its hazardous energy control program, resulting in the other-than-serious citation.
Quote: “Ungerer & Company should immediately implement safeguards to protect its workers from the dangerous risks associated with exposure to combustible dust and chemical hazards,” said Jean Kulp, director of OSHA’s Allentown Area Office. “Employers will be held legally accountable for failing to provide a safe and healthful workplace.”
Proposed penalties: $63,450
The citations can be viewed at:
http://www.osha.gov/ooc/citations/UngererCompany_1116984.pdf
http://www.osha.gov/ooc/citations/UngererCompany_1133193.pdf
The employer has 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the independentOccupational Safety and Health Review Commission.
Citations issued: On May 25, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration issued one repeat and six serious violations, and one other-than-serious violation.
Inspection findings: OSHA received a referral on Jan. 27, 2016, from the Pennsylvania Emergency Management Agency alleging Ungerer & Company employees suffered respiratory distress from an unknown chemical odor, prompting an investigation.
The agency found repeat violations when the employer failed to use approved electrical equipment to clean up combustible dust, and did not train employees expected to participate in emergency response operations. Similar violations were previously cited in 2013.
The serious violations included:
- A mobile ladder stand not equipped with safety stops to prevent horizontal movement.
- A dust collection unit handling combustible dust not provided with proper explosion protection or suppression systems.
- No developed emergency response plan.
- Employees overexposed to hydrogen sulfide.
- Feasible administrative and engineering controls not implemented.
- Safety data sheets not maintained and without required safety and health information.
The company also did not conduct periodic re-evaluations of its hazardous energy control program, resulting in the other-than-serious citation.
Quote: “Ungerer & Company should immediately implement safeguards to protect its workers from the dangerous risks associated with exposure to combustible dust and chemical hazards,” said Jean Kulp, director of OSHA’s Allentown Area Office. “Employers will be held legally accountable for failing to provide a safe and healthful workplace.”
Proposed penalties: $63,450
The citations can be viewed at:
http://www.osha.gov/ooc/citations/UngererCompany_1116984.pdf
http://www.osha.gov/ooc/citations/UngererCompany_1133193.pdf
The employer has 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the independentOccupational Safety and Health Review Commission.
Saturday, May 28, 2016
Radiation Exposure: Major New Study Links Cell Phone Exposure to Cancer in Rats
A new study conducted by the US National Toxicology Program has linked radiation from cell phone exposure to cancer in rats. This report reignites the controversy that was sparked by earlier scientific research of the positive causal relationship. Those studies were downplayed by the Industry. Workplace exposures may ultimately result in in a surge of disease and an epidemic of workers' compensation claims in the near future.
Friday, May 27, 2016
Memorial Day - 2016
President and Mrs. Hoover lead nation in observing Memorial Day. The National Capital, led by President and Mrs. Hoover, on Memorial Day 1929, paid tribute to America's dead heroes of 4 wars at Arlington National Cemetary. President Hoover is shown placing a wreath on the tomb of America's Unknown Soldier. Following the Chief Executive Mrs.Hoover placed a bunch of white carnations on the tomb.
Source Library of Congress
"The price of freedom is eternal vigilance.”
– President Thomas Jefferson
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