How OSHA’s West Fertilizer fine stacks up against others

Today's post was shared by FairWarning and comes from watchdogblog.dallasnews.com

After the Occupational Safety and Health Administration proposed $118,300 in fines last week for West Fertilizer and its owner Adair Grain, The Dallas Morning News wanted to see how that fine compared to other OSHA fines. We analyzed the agency’s 56,800 fatality/catastrophe inspections since 2001. When OSHA found wrongdoing and decided to fine a company, it proposed an average fine of $12,836 before any negotiations or appeals. The agency actually collected an average of $6,010. Many of the top 25 fines in OSHA’s history are large industrial explosions, usually resulting in multiple deaths, which may be a better comparison to West than the general average. The West explosion, which killed 15 people and injured 300, however, is nowhere close to OSHA’s five largest fines: 1. 2005 BP Texas City explosion, killed 15, injured 170: $84 million in proposed fines 2. 2010 Connecticut power plant explosion, killed six, injured 50: $16.6 million in total proposed fines 3. 1991 IMC Fertilizer/Angus Chemical explosion, killed eight, injured 120: $11.5 million in proposed fines 4. 2008 Imperial Sugar explosion, killed 13, hospitalized 40: $8.8 million in proposed fines 5. 1995 Samsung Guam employee fell from high elevation, killed one: $8.3 million in proposed fines In fact, OSHA fined West Fertilizer 70 percent of the maximum allowed by law for the number and severity of violations alleged, $118,300 out of a maximum $168,000 fine. OSHA cited West Fertilizer...

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State files charges against city business

Employer fraud results in criminal charges.Today's post was shared by WCBlog and comes from citizensvoice.com

The state Department of Labor & Industry on Friday filed criminal charges against a Wilkes-Barre business, alleging it failed to maintain worker's compensation insurance. Kus Tire Inc. at 10 Carey Ave. is charged with 100 felony counts of failing to procure worker's compensation insurance, court records say. A message left seeking comment at Kus Tire was not immediately returned. According to a criminal complaint, the business, headed by Bernard Kusakavitch, failed to have the insurance for 100 days - from Sept. 10, 2008, through Sept. 17, 2008, and again from Oct. 1, 2011, through Dec. 31, 2011. As a self-insured employer, the business was not exempt from possessing the coverage, the charges say. The complaint said an employee, Walter Booth Jr., was injured Sept. 12, 2008, and subsequently petitioned for benefits from the Uninsured Employers Guaranty Fund, which provides benefits to injured employees of uninsured employers. According to the complaint, Workers' Compensation Judge Joseph B. Sebastianelli awarded Booth benefits on May 31, 2011. Investigators filed a summons against the business Friday. The matter is scheduled for a preliminary hearing before Magisterial District Judge Rick Cronauer at 9 a.m. Oct. 31. jhalpin@citizensvoice.com comments powered by Disqus

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OSHA Urges An Injury & Illness Prevention Programs

The US Occupational Safety and Health Administration has published a white paper urging that States implement injury and illness prevention programs. Citing statistics of the consequences of industrial accidents and injuries, as well as the benefits of the implementation of a program, OSHA recommends the implementation of a programs.


Click here to read the OSHA White Paper on Injury & Illness Prevention Programs

Conclusions

• Despite the combined efforts of employers, workers, unions, safety professionals and regulators, more than 4,500 workers lose their lives and more than four million are seriously injured each year. Tens of thousands more die or are incapacitated because of occupational illnesses including many types of cancer and lung disease. The human toll from this loss is incalculable and the economic toll is enormous.
• Many employers in the U.S. have been slow to adopt a workplace "safety culture" that emphasizes planning and carrying out work in the safest way possible.
• Injury and illness prevention programs are based on proven managerial concepts that have been widely used in industry to bring about improvements in quality, environment and safety, and health performance. Effective injury and illness prevention programs emphasize top-level ownership of the program, participation by employees, and a "find and fix" approach to workplace hazards.
• Injury and illness prevention programs need not be resource-intensive and can be adapted to meet the needs of any size organization.

OSHA believes that adoption of injury and illness prevention programs based on simple, sound, proven principles will help millions of U.S. businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including significant reductions in workers' compensation premiums) and enhance their overall business operations.

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US Senate to Hold Hearing on Federal Comp System Reform

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On Tuesday, U.S. Senator Daniel K. Akaka (D-HI) will hold a hearing titled Examining the Federal Workers' Compensation Program for Injured Employees to examine reform proposals for the Federal Employees Compensation Act (FECA).

The Federal Employees Compensation Act (FECA) provides workers' compensation coverage to federal civilian workers for any injury or illness incurred on the job. FECA has not been significantly updated in close to 40 years. A number of changes have been proposed, which are intended to modernize the program, improve return-to-work incentives, and reduce the overall cost to the Federal government. Discussion will focus largely on proposals to reduce FECA wage loss compensation benefits for disabled FECA recipients who reach retirement age.

EXAMINING THE FEDERAL WORKERS’ COMPENSATION PROGRAM FOR INJURED EMPLOYEES

Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia

Live video will not be available until approximately 15 minutes prior to the scheduled hearing start time.

Tuesday, July 26, 2011
02:00 PM - 05:00 PM
Dirksen Senate Office Building, room SD-342

The hearing will be webcast live at: hsgac.senate.gov 

Individuals with disabilities who require an auxiliary aid or service should contact Aaron Woolf, Subcommittee Chief Clerk, no later than 3 business days before the hearings. This will allow the office a reasonable amount of time before the event to make any necessary arrangements.

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Witnesses

Panel 1

• The Honorable Christine M. Griffin
  Deputy Director
  U.S. Office of Personnel Management
• Mr. Gary Steinberg
  Acting Director, Office of Workers’ Compensation Programs
  U.S. Department of Labor
• Mr. Andrew Sherrill
  Director, Education, Workforce, and Income Security
  U.S. Government Accountability Office

Panel 2

• Mr. Joseph Beaudoin
  President
  National Active and Retired Federal Employees Association
• Mr. Ronald Watson
  Consultant
  National Association of Letter Carriers, AFL-CIO
• Dr. Gregory Krohm
  Executive Director
  International Association of Industrial Accident Boards and Commissions

Symposium on Prevention of Occupationally-Related Distracted Driving

Distracted driving (including texting while driving and cell phone use) is a major cause of motor vehicle crashes. Many workers may be distracted while performing work-related driving or during vehicle operations. Reducing distracted work-related driving and increasing awareness of the risk to employees that result from distracted driving is an important mission for safety and health professionals, employers and employees. This Symposium is designed to bring together a variety of stakeholder groups who are interested in reducing work-related driving distractions and generate recommendations for action, including new directions for research. This Symposium will include didactic presentations, interactive discussions and opportunities for networking, and demonstrations of training materials.

Monday, April 18, 2011

8:30 AM - 4:00 PM

Johns Hopkins Applied Physics Laboratory

Kossiakoff Conference Center

11100 Johns Hopkins Road

Laurel, Maryland 20723

1-800-548-3647

8:30 - 9:00 am:
Registration and continental breakfast

9:00 - 9:15 am:
Welcome and Review of the Agenda
Mary Doyle, MPH,RN, COHN-S/CM
Director, ERC Continuing Education Program
Johns Hopkins Bloomberg School of Public Health
Meeting Moderator

9:15 - 9:30 am:
Mission of the Symposium and Call to Action
Christine Branche, PhD
Principal Associate Director
The National Institute for Occupational Safety and Health
Centers for Disease Control and Prevention

9:30 - 9:50 am:
U.S. DOT Perspective on Distracted Driving
Peter Appel
Administrator, Research and Innovative Technology Administration
Department of Transportation

9:50 - 10:10 am:
OSHA’s Perspective on Distracted Driving
David Michaels, PhD, MPH
Assistant Secretary of Labor for OSHA
Department of Labor

10:10 - 10:40 am:
What Does the Research Tell Us?
Jeffrey S. Hickman, PhD
Virginia Tech Transportation Institute
Center for Truck and Bus Safety
Virginia Polytechnic Institute and State University

10:40 - 11:00 am:
Audience Q & A/Feedback for morning sessions

11:00 – 11:15 am
Break and Networking

11:15 - 12:00 pm:
Panel Discussion: Elements of Model Programs: Implementation Challenges
Moderator: Jack Hanley
Executive Director
Network of Employers for Traffic Safety

Panelists:

Joseph Van Houten, PhD, CSP
Senior Director, Worldwide EHS
Johnson & Johnson

Tom Bennett
SH&E/OIMS Advisor, Fuels Marketing
Downstream & Chemical SSH&E

Amy Lokken, ARM
Group Director, North American Health & Safety
Coca-Cola Refreshments

David Hopps
Vice President, Risk Management Operations & Environment, Safety & Health
ServiceMaster

12:00 – 12:15 pm:
Audience Discussion and Feedback on Model Programs Panel

12:15 - 1:15 pm:
Lunch (provided on-site)

1:15 - 2:00 pm:
Panel Discussion: In-vehicle Technology to Address Distracted Driving
Moderator: Peter Appel
Administrator, Research and Innovative Technology Administration
Department of Transportation

Panelists:

Eric Collins, JD
Chief Operations Officer
Mobile Posse

Michael Petricone, JD
Senior VP, Government Affairs
Consumer Electronics Association

2:00 - 2:15 pm
Audience Discussion and Feedback on In-Vehicle Technology Panel

2:15 - 3:00 pm:
Panel Discussion: Worker Perspectives
Moderator: James August, MPH
Health and Safety Consultant

Panelists:

LaMont Byrd
Director, Safety and Health Department
International Brotherhood of Teamsters

Rich Duffy
Assistant to the General President for Occupational Health, Safety and Medicine
International Association of Fire Fighters – AFL/CIO

Ed Watt, MS
Director of Health and Safety
Transportation Workers Union of America

3:00 - 3:15 pm
Audience Discussion and Feedback on Workers’ Perspective Panel

3:15 - 3:45 pm:
Facilitated Discussion with Audience
Leslie Nickels, PhD, MEd
Senior Health Communications Fellow
National Institute for Occupational Safety and Health
Centers for Disease Control and Prevention

3:45 - 4:00 pm:
Closing
Mary Doyle, Meeting Moderator

4:00 - 5:00 pm: 

Reception (on site)

Registration: http://www.jhsph.edu/erc/distracted-driving.html

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• NIOSH Supports Efforts to Ban Distracted Driving
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The Election Validates A New Approach to Workers Compensation

The recent election results confirm that a new approach to handling the century old workers' compensation is needed and that some definite trends are developing.

Washington State: The insurance industry initiative for privatization was defeated.

New Jersey: The constitutional amendment to prohibit raiding the Second Injury Fund revenue was passed.

California: Jerry Brown was elected governor and the Republican assault on the state compensation system rejected.

Nevada: Harry Reid was re-elected validating the innovated "Libby Health Care" Plan for medical care for occupational illness and the Federalization of the program and the US Senate's initiative.

New York: Andrew Cuomo was elected governor and revision is likely of the administrative assault on workers' rights.

Nationally, the soaring US deficit, and a State system that continues to fail to deliver health care to occupationally injured workers, will eventually need to be addressed by Congress. The 2008 strong Democratic mandate has not evaporated. The Democrats still control the Senate (51-D v 46-R) and downtown at White House. The newly acquired House Republican majority (234-R v 180-D) is instilled with the chaos of an unsettling newly emerging third party, Tea Party, alliance.

The course ahead still remains promising for enacting a unified and coordinate program to help injured workers obtain medical care for occupational diseases on a timely and effective basis without breaking the bank. The vision of a coordinated epidemiological research program to prevent occupational disease and  insure safe working conditions remains hopeful.

.....

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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US Workplace Deaths Decrease

A preliminary total of 4,340 fatal work injuries were recorded in the United States in 2009, down from a final count of 5,214 fatal work injuries in 2008. The 2009 total represents the smallest annual preliminary total since the Census of Fatal Occupational Injuries (CFOI) program was first conducted in 1992. Based on this preliminary count, the rate of fatal work injury for U.S. workers in 2009 was 3.3 per 100,000 full-time equivalent (FTE) workers, down from a final rate of 3.7 in 2008. Counts and rates are likely to increase with the release of final 2009 CFOI results in April 2011. Over the last 2 years, increases in the published counts based on information received after the publication of preliminary results have averaged 156 fatalities per year or about 3 percent of the revised totals.

Economic factors played a major role in the fatal work injury decrease in 2009. Total hours worked fell by 6 percent in 2009 following a 1 percent decline in 2008, and some industries that have historically accounted for a significant share of fatal work injuries, such as construction, experienced even larger declines in employment or hours worked. In addition, some source documents used by CFOI State partners to identify and verify fatal work injuries were delayed, due at least in part to fiscal constraints at some of the governmental agencies who regularly provide source documentation for the program.

Key preliminary findings of the 2009 Census of Fatal Occupational Injuries: 

- Workplace homicides declined 1 percent in 2009, in contrast to an overall decline of 17 percent for all fatal work injuries. The homicide total for 2009 includes the 13 victims of the November shooting at Fort Hood. Workplace suicides were down 10 percent in 2009 from the series high of 263 in 2008.

 - Though wage and salary workers and self-employed workers experienced similar declines in total hours worked in 2009, fatal work injuries among wage and salary workers in 2009 declined by 20 percent while fatal injuries among self-employed workers were down 3 percent. 

- The wholesale trade industry was one of the few major private industry sectors reporting higher numbers of fatal work injuries in 2009. 

- Fatal work injuries in the private construction sector declined by 16 percent in 2009 following the decline of 19 percent in 2008.

- Fatalities among non-Hispanic black or African-American workers were down 24 percent. This worker group also experienced a slightly larger decline in total hours worked than non-Hispanic white or Hispanic workers. 

- The number of fatal workplace injuries in building and grounds cleaning and maintenance occupations rose 6 percent, one of the few major occupation groups to record an increase in fatal work injuries in 2009.

 - Transportation incidents, which accounted for nearly two-fifths of all the fatal work injuries in 2009, fell 21 percent from the 2,130 fatal work injuries reported in 2008. 

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• Workplace deaths fall to lowest level since 1992 (usatoday.com)

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.
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Comment:

The BLS fatality figures are the fatalities from injuries that occurred at the worksite or shortly thereafter, and do not include occupational illness fatalities, the latter primarily from toxic chemical exposures in the workplace.

Worker deaths from toxic exposures, other work illnesses are conservatively estimated by NIOSH, Steenland, Markowitrz, and other researchers at 50,00 to 60,000 deaths each year, or ten times the number of fatalities from work injuries. It is a disaster of monumental proportions that goes largely unrecorded. The United States has no comprehensive occupational health data collection system.

As we have lagged behind other nations in our lack of a national comprehensive medical and statistical database on occupational illnesses, occupational injuries; we have lagged behind in the research into the causes and consequences of occupational illnesses that would lead to improved diagnosis, treatment, prognosis, and ultimately prevention, of occupational toxic exposures and resultant diseases.

Patrice Woeppel, Ed.D.

Author: Depraved Indifference: the Workers' Compensation System

www.patricewoeppel.us

Energy Workers Seek Faster Benefit Processing System

Energy workers exposed to radioactive substances and their survivors have spoken out for a speedier process to obtain benefits under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) of 2000. The EEOICPA was intend to provide compensation payment to energy workers and their survivors by way of a lumpsum payment and medical coverage for certain diseases.


The complex benefit system has been plagued by delays in processing claims. The latest outcry has come from workers of a uranium conversion plant in Metropolis, IL, where 42 workers have died of cancer. Ironically Metropolis was the self-proclaimed hometown of the comic book character, Superman.


The US Government Accountability Office (GAO) issued a report in March 2010 recommending that additional independent oversight should be created. The report found that cases that do not require dose reconstruction take about a year to process, but those that do require it, may take up to 3 year to process.


Click here to read more about EEOICPA "The Cold War Compensation Act"


Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.