OverviewPrimary themes in the NIOSH job stress research program:
Job Stress and NORAIn 1996, NIOSH established an interdisciplinary team of researchers and practitioners from industry, labor, and academia to develop a national research agenda on the "organization of work." Work organization refers to management and supervisory practices, to production processes, and to their influence on the way work is performed. (In... |
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(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Showing posts with label Occupational safety and health. Show all posts
Showing posts with label Occupational safety and health. Show all posts
Monday, December 9, 2013
Workplace Safety and Health Topics
Thursday, December 5, 2013
OSHA fines Ronkonkoma contractor $460G for more safety violations
A Ronkonkoma painting and stucco contractor is facing $460,350 in fines for safety violations, its sixth penalty since 2008, the U.S. Labor Department said Tuesday, Dec. 3, 2013. A Ronkonkoma painting and stucco contractor is facing $460,350 in fines for safety violations, its sixth penalty since 2008, the U.S. Labor Department said Tuesday. The fine total is the largest so far for Painting and Decorating Inc., the department said. The citation came after a March inspection by the Westbury office of the U.S. Occupational Safety and Health Administration turned up alleged violations at a work site in Manhasset. The violations were similar to those found in previous inspections, said OSHA, which is a unit of the Labor Department. The new allegations include improperly inspected scaffolding; hazards such as missing cross braces and planks on scaffolding; a lack of fall protection for workers and a lack of protective helmets; and no protection against falling objects. "The sizable fines proposed reflect the ongoing failure and refusal by this employer to provide basic safeguards for its employees," said Anthony Ciuffo, OSHA's Long Island area... |
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Wednesday, December 4, 2013
OSHA proposes more than $460,000 in fines against Long Island, NY, contractor for repeat fall and scaffolding hazards
Painting & Decorating Inc., a Ronkonkoma painting and stucco contractor with a long history of fall protection and scaffold safety violations, now faces an additional $460,350 in fines from the U.S. Department of Labor's Occupational Safety and Health Administration following an inspection of a work site at 1900 Northern Blvd. in Manhasset.
"The sizable fines proposed reflect the ongoing failure and refusal by this employer to provide basic safeguards for its employees. Workers have repeatedly been exposed to deadly or disabling falls and crushing injuries," said Anthony Ciuffo, OSHA's Long Island area director. "In this case, workers were exposed to falls of more than 26 feet. Falls are the leading cause of death in construction work and can be prevented by adhering to basic, common sense and legally required safeguards."
OSHA's Long Island Area Office opened an inspection at the work site on March 31 under its local emphasis program aimed at preventing falls in the construction industry. The inspection identified numerous fall and scaffolding hazards, many of which were similar to those cited during previous OSHA inspections of five other Painting & Decorating work sites during the past several years.
The recurring hazards include not having the scaffold self-inspected for defects by a competent person during scaffold erection and before workers began to work on the scaffold. An inspection would have identified hazards such as missing cross bracing and planks; no safe means for workers to access the scaffold; lack of fall protection for the employees working on the scaffold; scaffold not restrained against tipping; lack of protective helmets; and no protection to prevent objects from falling onto workers from the scaffold.
These conditions resulted in the issuance of 10 repeat citations with $429,660 in fines. A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any of its facilities in federal enforcement states within the last five years. Between 2008 and 2010, OSHA cited the company for similar hazards at work sites in Kings Point, Great Neck and Forest Hills.
OSHA's inspectors also identified new hazards, including a lack of fall protection for workers erecting the scaffolding; scaffold erected on unsound footing; workers climbing the scaffold's cross bracing during erection; and lack of eye protection. These hazards resulted in the issuance of five serious citations with $30,690 in fines. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
The citations can be viewed at http://www.osha.gov/ooc/citations/PaintingDecorating909337_112713.pdf*.
"Employers can enhance safety in the workplace and prevent hazards from occurring by implementing an effective illness-and-injury prevention program where they work with employees to identify, address and eliminate hazards proactively," said Robert Kulick, OSHA's regional administrator in New York.
Due to the nature and severity of violations, Painting & Decorating Inc. has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.
OSHA's fall prevention campaign provides employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs. It was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.
Painting & Decorating Inc. has 15 business days from receipt of its latest citations and proposed penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Long Island Area Office at 516-334-3344.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
"The sizable fines proposed reflect the ongoing failure and refusal by this employer to provide basic safeguards for its employees. Workers have repeatedly been exposed to deadly or disabling falls and crushing injuries," said Anthony Ciuffo, OSHA's Long Island area director. "In this case, workers were exposed to falls of more than 26 feet. Falls are the leading cause of death in construction work and can be prevented by adhering to basic, common sense and legally required safeguards."
OSHA's Long Island Area Office opened an inspection at the work site on March 31 under its local emphasis program aimed at preventing falls in the construction industry. The inspection identified numerous fall and scaffolding hazards, many of which were similar to those cited during previous OSHA inspections of five other Painting & Decorating work sites during the past several years.
The recurring hazards include not having the scaffold self-inspected for defects by a competent person during scaffold erection and before workers began to work on the scaffold. An inspection would have identified hazards such as missing cross bracing and planks; no safe means for workers to access the scaffold; lack of fall protection for the employees working on the scaffold; scaffold not restrained against tipping; lack of protective helmets; and no protection to prevent objects from falling onto workers from the scaffold.
These conditions resulted in the issuance of 10 repeat citations with $429,660 in fines. A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any of its facilities in federal enforcement states within the last five years. Between 2008 and 2010, OSHA cited the company for similar hazards at work sites in Kings Point, Great Neck and Forest Hills.
OSHA's inspectors also identified new hazards, including a lack of fall protection for workers erecting the scaffolding; scaffold erected on unsound footing; workers climbing the scaffold's cross bracing during erection; and lack of eye protection. These hazards resulted in the issuance of five serious citations with $30,690 in fines. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
The citations can be viewed at http://www.osha.gov/ooc/citations/PaintingDecorating909337_112713.pdf*.
"Employers can enhance safety in the workplace and prevent hazards from occurring by implementing an effective illness-and-injury prevention program where they work with employees to identify, address and eliminate hazards proactively," said Robert Kulick, OSHA's regional administrator in New York.
Due to the nature and severity of violations, Painting & Decorating Inc. has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.
OSHA's fall prevention campaign provides employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs. It was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.
Painting & Decorating Inc. has 15 business days from receipt of its latest citations and proposed penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Long Island Area Office at 516-334-3344.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
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- OSHA Releases New Resources to Help Employers Protect Workers from Hazardous Chemicals (workers-compensation.blogspot.com)
- Securing the Right to a Safe and Healthy Workplace | Center for Effective Government (workers-compensation.blogspot.com)
- Steel company fined $115,400 by US Labor Department's OSHA for failing to abate workplace hazards (workers-compensation.blogspot.com)
- Black Friday: OSHA Issues Safety Warning to Employers (workers-compensation.blogspot.com)
US Labor Department seeks public comment on agency standards to improve chemical safety
The U.S. Department of Labor's Occupational Safety and Health Administration today announced a request for information seeking public comment on potential revisions to its Process Safety Management standard and related standards, as well as other policy options to prevent major chemical incidents.
The RFI is in response to executive order 13650, which seeks to improve chemical facility safety and security, issued in the wake of the April 2013 West, Texas, tragedy that killed 15 in an ammonium nitrate explosion.
In addition to comments on its Process Safety Management standard, OSHA seeks input on potential updates to its Explosives and Blasting Agents, Flammable Liquids and Spray Finishing standards, as well as potential changes to PSM enforcement policies. The agency also asks for information and data on specific rulemaking and policy options, and the workplace hazards they address. OSHA will use the information received in response to this RFI to determine what actions, if any, it may take.
After publication of the RFI in the Federal Register, the public will have 90 days to submit written comments. Once the RFI is published in the Federal Register, interested parties may submit comments at www.regulations.gov, the Federal eRulemaking Portal. Comments may also be submitted by mail or facsimile. To view the RFI visit http://www.osha.gov/chemicalexecutiveorder/OSHA_PSM_RFI.pdf. For more information, visit www.osha.gov/chemicalexecutiveorder/index.html.
The RFI is in response to executive order 13650, which seeks to improve chemical facility safety and security, issued in the wake of the April 2013 West, Texas, tragedy that killed 15 in an ammonium nitrate explosion.
In addition to comments on its Process Safety Management standard, OSHA seeks input on potential updates to its Explosives and Blasting Agents, Flammable Liquids and Spray Finishing standards, as well as potential changes to PSM enforcement policies. The agency also asks for information and data on specific rulemaking and policy options, and the workplace hazards they address. OSHA will use the information received in response to this RFI to determine what actions, if any, it may take.
After publication of the RFI in the Federal Register, the public will have 90 days to submit written comments. Once the RFI is published in the Federal Register, interested parties may submit comments at www.regulations.gov, the Federal eRulemaking Portal. Comments may also be submitted by mail or facsimile. To view the RFI visit http://www.osha.gov/chemicalexecutiveorder/OSHA_PSM_RFI.pdf. For more information, visit www.osha.gov/chemicalexecutiveorder/index.html.
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CDC releases new findings and prevention tools to improve food safety in restaurants
Increased awareness and implementation of proper food safety in restaurants and delis may help prevent many of the foodborne illness outbreaks reported each year in the United States, according to data from the Centers for Disease Control and Prevention. Researchers identified gaps in the education of restaurant workers as well as public health surveillance, two critical tools necessary in preventing a very common and costly public health problem.
The research identifies food preparation and handling practices, worker health policies, and hand-washing practices among the underlying environmental factors that often are not reported during foodborne outbreaks, even though more than half of all the foodborne outbreaks that are reported each year are associated with restaurants or delis. Forty-eight million people become ill and 3,000 die in the United States.
"Inspectors have not had a formal system to capture and report the underlying factors that likely contribute to foodborne outbreaks or a way to inform prevention strategies and implement routine corrective measures in restaurants, delis and schools to prevent future outbreaks," said Carol Selman, head of CDC's Environmental Health Specialists Network team at the National Center for Environmental Health.
Four articles published today in the Journal of Food Protection focus on actions steps to prevent foodborne illness outbreaks related to ground beef, chicken, and leafy vegetables like lettuce and spinach. The articles also focus on specific food safety practices, such as ill workers not working while they are sick, as a key prevention strategy.
Since 2000, CDC has worked with state and local health departments to develop new surveillance and training tools to advance the use of environmental health assessments as a part of foodborne outbreak investigations.
The National Voluntary Environmental Assessment Information System (NVEAIS) is a new surveillance system targeted to state, tribal and other localities that inspect and regulate restaurants and other food venues such as banquet facilities, schools, and other institutions. The system provides an avenue to capture underlying environmental assessment data that describes what happened and how events most likely lead to a foodborne outbreak. These data will help CDC and other public health professionals determine and understand more completely the primary and underlying causes of foodborne illness outbreaks.
A free interactive e-learning course has been developed to help state and local health departments investigate foodborne illness outbreaks in restaurants and other food service venues as a member of a larger outbreak response team, identify an outbreak's environmental causes, and recommend appropriate control measures. This e-learning course is also available to members of the food industry, academia and the public, anyone interested in understanding the causes of foodborne outbreaks.
"We are taking a key step forward in capturing critical data that will allow us to assemble a big picture view of the environmental causes of foodborne outbreaks," Selman said.
The data surveillance system and e-Learning course will debut in early 2014. With these tools, state, and local public health food safety programs will be able to report data from environmental assessments as a part of outbreak investigations and prevent future foodborne outbreaks in restaurants and other food service establishments.
CDC developed these products in collaboration with the U.S. Food and Drug Administration, U.S. Department of Agriculture, and state and local health departments.
For more information about the National Voluntary Environmental Assessment Information System: http://www.cdc.gov/nceh/ehs/EHSNet/resources/nveais.htm
For information about free e-Learning courses in Environmental Assessment of Foodborne Illness Outbreaks:http://www.cdc.gov/nceh/ehs/eLearn/EA_FIO/index.htm
The research identifies food preparation and handling practices, worker health policies, and hand-washing practices among the underlying environmental factors that often are not reported during foodborne outbreaks, even though more than half of all the foodborne outbreaks that are reported each year are associated with restaurants or delis. Forty-eight million people become ill and 3,000 die in the United States.
"Inspectors have not had a formal system to capture and report the underlying factors that likely contribute to foodborne outbreaks or a way to inform prevention strategies and implement routine corrective measures in restaurants, delis and schools to prevent future outbreaks," said Carol Selman, head of CDC's Environmental Health Specialists Network team at the National Center for Environmental Health.
Four articles published today in the Journal of Food Protection focus on actions steps to prevent foodborne illness outbreaks related to ground beef, chicken, and leafy vegetables like lettuce and spinach. The articles also focus on specific food safety practices, such as ill workers not working while they are sick, as a key prevention strategy.
Since 2000, CDC has worked with state and local health departments to develop new surveillance and training tools to advance the use of environmental health assessments as a part of foodborne outbreak investigations.
The National Voluntary Environmental Assessment Information System (NVEAIS) is a new surveillance system targeted to state, tribal and other localities that inspect and regulate restaurants and other food venues such as banquet facilities, schools, and other institutions. The system provides an avenue to capture underlying environmental assessment data that describes what happened and how events most likely lead to a foodborne outbreak. These data will help CDC and other public health professionals determine and understand more completely the primary and underlying causes of foodborne illness outbreaks.
A free interactive e-learning course has been developed to help state and local health departments investigate foodborne illness outbreaks in restaurants and other food service venues as a member of a larger outbreak response team, identify an outbreak's environmental causes, and recommend appropriate control measures. This e-learning course is also available to members of the food industry, academia and the public, anyone interested in understanding the causes of foodborne outbreaks.
"We are taking a key step forward in capturing critical data that will allow us to assemble a big picture view of the environmental causes of foodborne outbreaks," Selman said.
The data surveillance system and e-Learning course will debut in early 2014. With these tools, state, and local public health food safety programs will be able to report data from environmental assessments as a part of outbreak investigations and prevent future foodborne outbreaks in restaurants and other food service establishments.
CDC developed these products in collaboration with the U.S. Food and Drug Administration, U.S. Department of Agriculture, and state and local health departments.
For more information about the National Voluntary Environmental Assessment Information System: http://www.cdc.gov/nceh/ehs/EHSNet/resources/nveais.htm
For information about free e-Learning courses in Environmental Assessment of Foodborne Illness Outbreaks:http://www.cdc.gov/nceh/ehs/eLearn/EA_FIO/index.htm
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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 occupational accidents and illnesses.
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December 3rd is International Day of Persons with Disabilities
Around the world, people with disabilities face physical, social, economic and attitudinal barriers that exclude them from participating fully and effectively as equal members of society. December 3rd is International Day of Persons with Disabilities. This year's theme is "break barriers, open doors: for an inclusive society for all." The commemoration of this year's International Day of Persons with Disabilities provides an opportunity to further raise awareness of disability and accessibility as a cross cutting development issue. It will also further the global efforts to promote accessibility, remove all types of barriers, and to realize the full and equal participation of people with disabilities in society and shape the future of development for all.1
A CDC Initiative: Including People with Disabilities
At CDC, we operate on the principle that people with disabilities are best served by Public Health when they are included in mainstream public health activities. To that end, inclusion might require appropriate accommodations to reduce or eliminate barriers that limit the participation of people with disabilities in health activities. When children and adults with disabilities receive needed programs, services and health care across their lifespan, they can reach their full potential, have an improved quality of life, and experience independence.
In 2010, CDC Director Dr. Thomas Frieden established an initiative to serve the health needs of people with a disability in the United States. CDC's Disability and Health Work Group was established in 2010 for centers and offices within the agency. The disability inclusion initiative has increased awareness and fostered activities focused on integrating disability into CDC's mainstream public health activities.
Objectives
People with disabilities need public health programs and healthcare services for the same reasons anyone does—to be well, active, and a part of the community. CDC works to include people with disabilities by
- improving health monitoring of people of all ages with disabilities to identify disparities in health between people with and without disabilities;
- including disability status indicators in key CDC monitoring programs;
- conducting public health research to understand the health risks experienced by people with disabilities;
- encouraging participation of people with disabilities in program activities conducted or supported by CDC;
- developing and disseminating accessible health communications and messages to people with sensory (e.g., blindness, deafness) or cognitive (e.g., intellectual disability) limitations.
Disability Resources at CDC
Being healthy means the same thing for all of us—staying well so we can lead full, active lives. Having the tools and information to make healthy choices and knowing how to prevent illness is key to being well, with or without a disability.
Visit these resources to learn more:
- Personal Stories from People Living with a Disability
- Healthy Living
- Accessibility
- Emergency Preparedness
- Disability and Health Data System (DHDS)
As we commemorate International Day of Persons with Disabilities, we ask you to join us in being a part of the global disability movement to change attitudes and approaches to disability to promote the equity and full inclusion of people with disabilities in society and across public health activities.
Resources
- United Nations Enable
- CDC Disability and Health
- CDC National Center on Birth Defects and Developmental Disabilities
References
- International Day of Persons with Disabilities, 3 December 2013. United Nations Enable. Available at http://www.un.org/disabilities/default.asp?id=1607. Accessed October 21 2013
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….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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 occupational accidents and illnesses.
Tuesday, December 3, 2013
NJ COLA Bill - Legislative Hearing Scheduled
The NJ Senate Budget and Appropriations Committee will hold a public hearing on a pending COLA bill S613 to increase benefits on 12/5/2013 1:00:00 PM.
The Senate Labor Committee report
The Senate Labor Committee reports favorably and with
committee amendments Senate Bill No. 613.
As amended by the committee, this bill provides, from July 1, 2013
forward, an annual cost of living adjustment (COLA) in the weekly
workers' compensation benefit rate for any worker who has become
totally and permanently disabled from a workplace injury at any time
after December 31, 1979 and for the surviving dependents of any
worker who died from a workplace injury after December 31, 1979.
The COLA would be an amount such that, when added to the
workers' compensation weekly benefit rate initially awarded, the sum
will bear the same percentage relationship to the maximum benefit rate
at the time of the adjustment that the initial rate bore to the maximum
rate at the time of the initial award, except that:
1. The bill reduces the amount of the adjustment as much as
necessary to ensure that the sum of the adjustment and the amount
initially awarded does not exceed the amount which would cause any
reduction of disability benefits payable under the Federal Old Age,
Survivors and Disability Act; and
2. The bill reduces the supplemental workers’ compensation
benefits (but not regular workers’ compensation) for claimants injured
after 1979 by the amount of any Social Security benefits (other than
Social Security disability benefits and any increases in Social Security
benefits due to federal statutory changes after May 31, 1980), Black
Lung benefits, or the employer’s share of disability pension payments
received from or on account of an employer, except that if the worker's
original workers' compensation award was already reduced under
current law, there would be no further reduction of the supplemental
benefits under the bill.
These reductions parallel the reductions provided under current
law for claimants who were injured before 1980. The bill also
provides that no supplemental benefits would be paid in any case
where they are calculated to be less than $5 per week.
Current law requires such annual adjustments in the rate of
workers' compensation benefits for death and permanent total
disability to be paid from the Second Injury Fund (SIF), but only for
cases of injury or death occurring before January 1, 1980. The bill
extends the adjustments paid from the SIF to claims originating after
December 31, 1979, although the adjustments would apply only to
benefits paid on those claims after July 1, 2013, thus avoiding a
backlog of retroactive benefits.
The bill provides that supplemental payments will commence only
after SIF assessments are sufficient to pay them without using General
Fund money. The supplemental benefit payments would start on July
1, 2013 and the Department of Labor and Workforce Development is
required to take into account the supplemental benefits when
calculating the amount of the Second Injury Fund assessment which
starts on January 1, 2013, thus avoiding the need for any General Fund
appropriation.
To avoid an abrupt fiscal impact on the workers’ compensation
system, the bill provides that one third of the supplemental benefit rate
be paid during the first year, two thirds of the rate be paid during the
second year and the full amount be paid during the third and
subsequent years.
The bill sets time limits for workers’ compensation insurers and
self-insured employers to notify the SIF when supplemental workers’
compensation benefits are required under the bill. An insurer or selfinsured
employer is required to provide the notice not more than 60
days after the supplement is awarded or voluntary payment is to begin.
If a failure to notify results in the payment of an incorrect amount of
benefits, the liability for the payment of the supplemental benefits is
transferred from the SIF to the insurer or employer until the required
notice is provided.
The bill makes no change in the provisions of sections 1 and 9 of
P.L.1980, c.83 (C.34:15-95.4 and 34:15-95.5), which provide for the
reduction of certain portions of workers' compensation benefits by the
amount of Social Security disability benefits paid. In addition, the bill
expressly states that the supplemental benefits shall not be paid in a
manner which in any way changes or modifies the provisions of those
sections. The bill, therefore, will have no effect on existing provisions
of State and federal law regarding offsets between workers'
compensation and federal Social Security disability benefits.
The committee amendments provide that the application of the cost
of living adjustment commence on July 1, 2013, instead of July 1,
2011.
This bill was pre-filed for introduction in the 2012-2013 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.
The Senate Labor Committee report
The Senate Labor Committee reports favorably and with
committee amendments Senate Bill No. 613.
As amended by the committee, this bill provides, from July 1, 2013
forward, an annual cost of living adjustment (COLA) in the weekly
workers' compensation benefit rate for any worker who has become
totally and permanently disabled from a workplace injury at any time
after December 31, 1979 and for the surviving dependents of any
worker who died from a workplace injury after December 31, 1979.
The COLA would be an amount such that, when added to the
workers' compensation weekly benefit rate initially awarded, the sum
will bear the same percentage relationship to the maximum benefit rate
at the time of the adjustment that the initial rate bore to the maximum
rate at the time of the initial award, except that:
1. The bill reduces the amount of the adjustment as much as
necessary to ensure that the sum of the adjustment and the amount
initially awarded does not exceed the amount which would cause any
reduction of disability benefits payable under the Federal Old Age,
Survivors and Disability Act; and
2. The bill reduces the supplemental workers’ compensation
benefits (but not regular workers’ compensation) for claimants injured
after 1979 by the amount of any Social Security benefits (other than
Social Security disability benefits and any increases in Social Security
benefits due to federal statutory changes after May 31, 1980), Black
Lung benefits, or the employer’s share of disability pension payments
received from or on account of an employer, except that if the worker's
original workers' compensation award was already reduced under
current law, there would be no further reduction of the supplemental
benefits under the bill.
These reductions parallel the reductions provided under current
law for claimants who were injured before 1980. The bill also
provides that no supplemental benefits would be paid in any case
where they are calculated to be less than $5 per week.
Current law requires such annual adjustments in the rate of
workers' compensation benefits for death and permanent total
disability to be paid from the Second Injury Fund (SIF), but only for
cases of injury or death occurring before January 1, 1980. The bill
extends the adjustments paid from the SIF to claims originating after
December 31, 1979, although the adjustments would apply only to
benefits paid on those claims after July 1, 2013, thus avoiding a
backlog of retroactive benefits.
The bill provides that supplemental payments will commence only
after SIF assessments are sufficient to pay them without using General
Fund money. The supplemental benefit payments would start on July
1, 2013 and the Department of Labor and Workforce Development is
required to take into account the supplemental benefits when
calculating the amount of the Second Injury Fund assessment which
starts on January 1, 2013, thus avoiding the need for any General Fund
appropriation.
To avoid an abrupt fiscal impact on the workers’ compensation
system, the bill provides that one third of the supplemental benefit rate
be paid during the first year, two thirds of the rate be paid during the
second year and the full amount be paid during the third and
subsequent years.
The bill sets time limits for workers’ compensation insurers and
self-insured employers to notify the SIF when supplemental workers’
compensation benefits are required under the bill. An insurer or selfinsured
employer is required to provide the notice not more than 60
days after the supplement is awarded or voluntary payment is to begin.
If a failure to notify results in the payment of an incorrect amount of
benefits, the liability for the payment of the supplemental benefits is
transferred from the SIF to the insurer or employer until the required
notice is provided.
The bill makes no change in the provisions of sections 1 and 9 of
P.L.1980, c.83 (C.34:15-95.4 and 34:15-95.5), which provide for the
reduction of certain portions of workers' compensation benefits by the
amount of Social Security disability benefits paid. In addition, the bill
expressly states that the supplemental benefits shall not be paid in a
manner which in any way changes or modifies the provisions of those
sections. The bill, therefore, will have no effect on existing provisions
of State and federal law regarding offsets between workers'
compensation and federal Social Security disability benefits.
The committee amendments provide that the application of the cost
of living adjustment commence on July 1, 2013, instead of July 1,
2011.
This bill was pre-filed for introduction in the 2012-2013 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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 occupational accidents and illnesses.
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Friday, November 29, 2013
Black Friday: OSHA Issues Safety Warning to Employers
As the holiday season is approaching, I am writing today to remind you how critical it is to take safety precautions to protect workers who may be injured during the holiday season's major sales events, such as Black Friday sales, or at other events where large crowds may gather. As you may know, a worker was trampled to death few years ago as shoppers rushed through a retailer's doors to take advantage of an after Thanksgiving Day "Black Friday" sales event.
Under the federal law (the Occupational Safety and Health Act of 1970) which created the Occupational Safety and Health Administration (OSHA), employers are responsible for providing a place of employment free of recognized hazards that are likely to cause serious injury or death. Enclosed please find an OSHA Fact Sheet entitled, "Crowd Management Safety Guidelines for Retailers," which contains safety guidelines that your retail stores may adopt in addition to your own safety procedures. In addition, please be sure to maintain appropriate access to exit routes and ensure that exits are not blocked.
With thoughtful planning and implementation of an effective crowd management action plan and maintaining emergency exits free of obstructions, we all can have a safe and happy holiday season. If you have any questions, please call 1-800-321-OSHA (6742) or contact your local OSHA Area Office. Thank you for your attention to this urgent worker safety matter.
Sincerely,
David Michaels, PhD, MPH
Enclosure
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Thursday, November 28, 2013
Very High Blood Lead Levels Among Adults — United States, 2002–2011
Over the past several decades there has been a remarkable reduction in environmental sources of lead, improved protection from occupational lead exposure, and an overall decreasing trend in the prevalence of elevated blood lead levels (BLLs) in U.S. adults. As a result, the U.S. national BLL geometric mean among adults was 1.2 µg/dL during 2009–2010 (1).
Nonetheless, lead exposures continue to occur at unacceptable levels (2). Current research continues to find that BLLs previously considered harmless can have harmful effects in adults, such as decreased renal function and increased risk for hypertension and essential tremor at BLLs µg/dL (3–5). CDC has designated 10 µg/dL as the reference BLL for adults; levels ≥10 µg/dL are considered elevated (2). CDC's Adult Blood Lead Epidemiology and Surveillance (ABLES) program tracks elevated BLLs among adults in the United States (2). In contrast to the CDC reference level, prevailing Occupational Safety and Health Administration (OSHA) lead standards allow workers removed from lead exposure to return to lead work when their BLL falls below 40 µg/dL (6). During 2002–2011, ABLES identified 11,536 adults with very high BLLs (≥40 µg/dL). Persistent very high BLLs (≥40 µg/dL in ≥2 years) were found among 2,210 (19%) of these adults. Occupational exposures accounted for 7,076 adults with very high BLLs (91% of adults with known exposure source) and 1,496... |
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Thursday, November 21, 2013
Draft Current Intelligence Bulletin “Update of NIOSH Carcinogen Classification and Target Risk Level Policy for Chemical Hazards in the Workplace”
The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) announces the availability of the following draft document for public comment entitled “Current Intelligence Bulletin: Update of NIOSH Carcinogen Classification and Target Risk Level Policy for Chemical Hazards in the Workplace.” To view the notice, document and related materials, visit http://www.regulations.gov and enter CDC-2013-0023 in the search field and click “Search.” Additional information is also located at the following Web site: http://www.cdc.gov/niosh/topics/cancer/policy.html. Comments may be provided to the NIOSH docket, as well as given orally at the following meeting.
Public Comment Period: Comments must be received by February 13, 2014.
Public Meeting Time and Date: December 16, 2013, 9 a.m.-4 p.m., Eastern Time. Please note that public comments may end before the time indicated, following the last call for comments. Members of the public who wish to provide public comments should plan to attend the meeting at the start time listed.
Place: Surface Transportation Board Hearing Room, Patriots Plaza One, 395 E Street SW., 1st Floor, Room 120, Washington, DC 20201.
Status: The meeting is open to the public, limited only by the space available. The meeting space accommodates approximately 150 people. In addition, there will be an audio conference for those who cannot attend in person. There is no registration fee to...
|
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Wednesday, November 20, 2013
Truck Driver Safety and Health
We know this industry faces a high risk of illness and injury but the prevalence of specific health problems, and the relative contributions of occupation and health behaviors to the increased risk of injury and illness, is largely unknown. Some research associates the risk of crash-related deaths with job-related fatigue. Other studies suggest that the risks of cancer, heart attacks, and other disorders may be associated with aspects of long-haul driving such as loading and unloading cargo, irregular schedules, long hours of driving, a sedentary lifestyle, and the nature of drivers’ food choices on the road. To help address these research gaps and better understand the risks faced by truck drivers, NIOSH is undertaking a national survey of truck driver safety and health. The survey, which grew out of stakeholder identified needs, will focus specifically on gathering baseline safety and health information among a large, representative national sample of truck drivers. We are seeking... |
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Public Health Campaign of the Month: ‘Don’t Mess With Mercury’ Campaign
Glass thermometers. Compact fluorescent light (CFL) bulbs. Medical equipment. Gauges and other science equipment. Thermostats, switches and other electrical devices. Mercury lives in all of these devices—and all can be found in schools. While it may be common, mercury is also incredibly dangerous. Mercury poisoning can negatively impact the nervous system, lungs and kidneys. It can even lead to brain damage or death. Often mercury poisoning is the result of a kid thinking it’s “cool”— taking it, playing with, passing it around to friends. Metallic mercury easily vaporizes into a colorless, odorless, hazardous gas. The Agency for Toxic Substances and Disease Registry (ATSDR), part of the U.S. Centers for Disease Control and Prevention (CDC), has released a new website that brings together a suite of tools to educate kids, teachers, school administrators and parents about the dangers of mercury poisoning. They include an interactive human body illustration and facts sheets, as well as a 30-second “Don’t Mess With Mercury” animated video to raise awareness about the dangers of mercury. |
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Monday, November 18, 2013
My Next Move for Veterans
Today's post was shared by US Labor Department and comes from www.mynextmove.org
My Next Move for Veterans is sponsored by the U.S. Department of Labor,
Employment & Training Administration, and developed by the National Center for O*O*NET Development. |
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Monday, November 11, 2013
Workers' compensation claims drop in Louisiana
Today's post is shared from thetowntalk.com
A national group is recommending that Louisiana reduce workers' compensation rates by 5 percent because of fewer workplace claims among other factors. The Times-Picayune of New Orleans reports that the National Council on Compensation Insurance has filed documents with the Louisiana Department of Insurance saying businesses in the state should pay lower rates because workers' compensation claims declined in 2011. According to the Louisiana Workforce Commission, employers across the state saw lighter losses in 2010 and 2011. The NCCI says those improvements can be attributed to a decrease in the number of workplace injuries and a reduction in the average cost per claim. The NCCI recommends additional cuts in manufacturing by 7 percent, contracting by 5 percent, office and clerical by 6 percent, goods and services by 6 percent and miscellaneous industry groups by about 3 percent. If the insurance department adopts the lower rates, they would take effect May 14. |
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