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Showing posts with label United States Department of Labor. Show all posts
Showing posts with label United States Department of Labor. Show all posts

Saturday, October 12, 2013

The startling rise of disability in America

The increase in disability claims in the US is reported in today's post shared from npr.org

In the past three decades, the number of Americans who are on disability has skyrocketed. The rise has come even as medical advances have allowed many more people to remain on the job, and new laws have banned workplace discrimination against the disabled. Every month, 14 million people now get a disability check from the government.

The federal government spends more money each year on cash payments for disabled former workers than it spends on food stamps and welfare combined. Yet people relying on disability payments are often overlooked in discussions of the social safety net. The vast majority of people on federal disability do not work.

Yet because they are not technically part of the labor force, they are not counted among the unemployed.

In other words, people on disability don't show up in any of the places we usually look to see how the economy is doing. But the story of these programs -- who goes on them, and why, and what happens after that -- is, to a large extent, the story of the U.S. economy. It's the story not only of an aging workforce, but also of a hidden, increasingly expensive safety net.

For the past six months, I've been reporting on the growth of federal disability programs. I've been trying to understand what disability means for American workers, and, more broadly, what it means for poor people in America nearly 20 years...
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Wednesday, October 2, 2013

Lead Exposure: OSHA Cites USA Brass Company Inc. of Bozeman, Mont., for overexposing workers to lead

The U.S. Department of Labor's Occupational Safety and Health Administration has cited USA Brass Company Inc. in Bozeman for 10 serious violations, with $45,500 in proposed penalties, after a May inspection conducted under the agency's national emphasis program for lead found workers overexposed to the metal. The company buys and provides brass for individual reloaders and commercial ammunition manufacturers.

Staff from OSHA's Billings Area Office found serious violations, including failure to conduct initial determinations of worker overexposure to lead; implement engineering and work practice controls to reduce lead exposure; provide workers with adequate respiratory protection and personal protective clothing; prohibit food and beverages from areas with excessive accumulations of lead; and train workers on lead hazards.

"The toxic effects of occupational exposure to lead have been well-known for a long time, but this employer did not have basic safeguards to protect workers against this hazard," said Jeff Funke, the agency's area director in Billings. "Employees exposed to lead must be evaluated to assess exposure levels accurately and, if necessary, implement engineering controls to train and ensure the use of personal protective clothing and equipment, including respirators."

Other serious violations include failing to implement respiratory protection, hearing conservation and hazard communication programs; have adequate housekeeping procedures; perform required medical examinations; and post required signs in hazardous areas. 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.
USA Brass was also cited for one other-than-serious violation for not certifying forklift operators' training and evaluations. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

The company has 15 business days from receipt of the 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.

Friday, September 27, 2013

The High Price of Gas – Mileage Reimbursement for Injured Workers

Some states like NJ offer zero mileage reimbursement. Today's post comes from guest author Laurel Anderson, from Causey Law Firm.
By Laurel Anderson from Causey Law Firm
     Injured workers who are are dependent on time loss compensation payments of only 60-75% of their wages unfortunately are well used to the enormous financial losses and constraints this wage loss puts on their family budgets.  With budget cuts being made by the Department of Labor & Industries which place additional burdens on workers by reducing reimbursements for the additional costs incurred as a result of an injury, it is important to be aware of what you can be reimbursed for, and what some relatively new regulations do not cover.  The current mileage reimbursement rate is now 56.5 cents per mile.
When money is tight, making sure you receive everything you are entitled to under your claim is important!
     Injured workers are always entitled to receive travel and/or wage reimbursement if they are asked to attend an IME (Independent Medical Exam).  However, we have noted that more recently both the Department and self-insured employers are failing to provide workers with the form necessary to be reimbursed gas mileage for what are often not insignificant distances.   Many workers are unaware they can have their wages reimbursed as well if they miss time from work.  The form can be found online here.  When self-insured employers do not provide our clients with a reimbursement form when sending out IME notices, we will send out the Department’s standard form.
     More difficult to decipher are the rules allowing for travel reimbursement for medical treatment or vocational services.  A different form must be filed to obtain reimbursement for these expenses.  At Causey Law Firm, we insure that our clients are reimbursed for travel for vocational meetings which take place in our office.  Parking is expensive in Seattle, and that cost can be reimbursed to you directly.  Some law firms charge a fee on travel reimbursement expenses, but we do not.
     While injured workers have the right to treat with their own preferred provider, travel reimbursement is only paid for regular treatment visits if there is no adequate treatment provider within 15 miles of their home AND if the claims manager has pre-authorized the travel.  Travel reimbursement is now limited for regular medical treatment visits by the so-called “15 mile rule”.  Thus, if your pre-authorized provider is 30 miles from your home, reimbursement will only be provided for the last 15 miles each way of that trip.  As with medical appointments, regular visits to meet with a vocational counselor are only covered after that 15 mile threshold has been reached.  If you are approved for a formal vocational retraining plan, however, mileage may be fully reimbursable through your plan with necessary signatures and paperwork submitted through a vocational rehabilitation counselor.
      Many workers are unaware of their right to apply for reimbursements, which can be submitted to the Department for a period up to one year of the date of travel.  The Department’s general guidelines can be seenhere.  When money is tight, making sure you receive everything you are entitled to under your claim is important!

Tuesday, September 24, 2013

Rules to improve employment of people with disabilities and veterans published today

The U.S. Department of Labor today announced that the Federal Register published two final rules to improve hiring and employment of veterans and for people with disabilities. The rules were first announced Aug. 27, 2013, and more information is available at http://www.dol.gov/opa/media/press/ofccp/OFCCP20131578.htm.

The rules will become effective March 24, 2014, and federal contractors will be required to comply with most of the final rule's requirements by that date. However, some contractors may have additional time to comply with the requirements in subpart C, which relates to affirmative action plans. Contractors with affirmative action plans in place on March 24 may maintain them until the end of their plan year and delay their compliance with the final rule's affirmative action plan requirements until the start of their next plan cycle.
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Sunday, September 22, 2013

Home Care Workers Win Wage and Overtime Protection

Improving workers' compensation benefits begins with improving wages.Today's post was shared by votersinjuredatwork and comes from www.calaborfed.org



Nearly 2 million home care workers—the vast majority of whom are women—take care of the elderly and people with disabilities, often working 12-hour days and 60 to 70 hours a week. Now, for the first time since 1975, most of these workers will have the wage and overtime protection of the Fair Labor Standards Act (FLSA) under a new rule issued today by the Obama administration’s Department of Labor.  


Since they were exempted from the FLSA nearly four decades ago, home care workers seldom have been paid overtime and their net income is often less than the minimum wage, considering time spent in travel between the homes where they work in a single day and its cost. Unlike workers covered by federal labor laws, they have not been paid for all the hours they are on the clock.

AFL-CIO President Richard Trumka says the new rule:
"...finally recognizes the value of the work done by hundreds of thousands of people who take care of our aging parents, as well as our sisters, brothers and children with disabilities….Today’s action will not only benefit the largely female, minority and low-wage workers who provide these essential services, it will help to ensure an adequate supply of home care workers as demand grows, reduce turnover and improve quality, permitting more Americans who wish to stay in their own homes as they grow old or experience disability to do so.        
Secretary of Labor Thomas...
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Monday, September 2, 2013

Subcontractor Servitude

Today's post was shared by WCBlog and comes from www.nytimes.com


THE words “guest workers” and “strike” are not often seen together. Yet twice this summer, members of a group of more than 150 Jamaican guest workers who clean luxury Florida hotels and condos walked off the job. The workers came to the United States in April anticipating a summer of hard work and decent earnings to send home. Instead, they encountered the black hole of labor subcontracting.

Labor-recruitment firms brought the workers from Jamaica to the Florida Panhandle. Cleaning contractors hired them and then leased them out to scrub toilets and sweep sand from floors for vacation property companies.

By the time the workers first went on strike, in June, they had much to protest. They had borrowed to pay recruitment fees of $2,000 to $2,500, counting on promises of full-time work and good housing. But in Florida, the cleaning company packed as many as 15 people into unfurnished two-bedroom apartments, for which it collected as much as $5,000 a month. Charges for rent and required extras like $70 for a T-shirt “uniform” reduced the workers’ net pay to subminimum levels, sometimes even zero, and — the final insult — paychecks repeatedly bounced. Children back home waited for money that never came.

Sunday, September 1, 2013

A Labor Day Opportunity

Today's post was shared by US Dept. of Labor and comes from www.whitehouse.gov

Health Reform
Health Reform

Ed. note: This is crossposted from Work in Progress, the official blog of the Department of Labor. See the original post here.  Learn more about the history of Labor Day, and the history of the U.S. Department of Labor

Labor Day 2013 is special. This year marks the centennial of the U.S. Department of Labor – 100 years of working for America’s workers. And this past week, our nation reaffirmed the ideals of the 1963 March on Washington. This transformational event,
exactly 50 years ago, was just as much about labor rights as it was about civil rights.
For me, just like so many others then and now, these two movements are inextricably intertwined, their interests converging time and time again, their goals united in creating opportunity for all.
Watch this video on YouTube

For a guy like me who grew up in an immigrant family from Buffalo, the past few days have been pretty heady. At the Lincoln Memorial Wednesday, I couldn’t help but wonder if The Rev. Martin Luther King Jr. ever imagined that half a century after he stood on these steps, another African-American man would stand there – as president?

Wednesday, August 28, 2013

Mexican Consulate, Labor Dept. Partner On Worker Protection

Today's post was shared by US Dept. of Labor and comes from indianapublicmedia.org

mexican consulate
Photo: Sam Klemet/WFYI
Students walk outside the Mexican Consulate in Indianapolis.
The United States Department of Labor is partnering with Mexican Consulates across the country, including in Indiana, to ensure worker protection.

Juan Manuel Solana Morales says some Mexicans who come to the United States to work, often don’t know about all of their rights.

“Sadly, we have detected that when we have new immigrants, they have different laws, different knowledge, different culture,” said Juan Manuel Solana Morales. “And, when they arrive here in the United States, sometimes they don’t understand the kind of rights that they have.”
Morales is the Consul of Mexico in Indianapolis.

Monday, August 5, 2013

White House releases executive order on improving chemical facility safety and security

The President signed an Executive Order to improve the safety and security of chemical facilities and reduce the risks of hazardous chemicals to workers and communities. Incidents such as the devastating explosion at a fertilizer plant in West, Texas in April are tragic reminders that the handling and storage of chemicals present serious risks that must be addressed. 
Secretary of Labor
Thomas E. Perez

The Executive Order directs Federal agencies to work with stakeholders to improve chemical safety and security through agency programs, private sector initiatives, Federal guidance, standards, and regulations. 

New Labor Secretary arrives with commitment to workplace safety and health

Thomas E. Perez, nominated by President Obama as the nation's 26th Secretary of Labor, was sworn in July 23. Previously assistant attorney general for civil rights at the U.S. Department of Justice and secretary of Maryland's Department of Labor, 

Wednesday, July 24, 2013

Why are there revisions to the jobs numbers?

Workers' Compensation premiums are usually estimated based on anticipated payroll numbers. As those change so does the cost of workers' compensation premiun costs. Basically they are both subject to retroactive audits to verify accuracy. Today's post was shared by BLS-Labor Statistics and comes from www.bls.gov


Why are there revisions to the jobs numbers?

By Thomas Nardone, Kenneth Robertson, and Julie Hatch Maxfield

At the beginning of each month, the Bureau of Labor Statistics (BLS) reports the change in payroll employment for the previous month. This estimate of jobs gained or lost over the month is closely watched by policymakers and those who work in financial markets and the media.

When the estimate is revised in subsequent months, however, data users sometimes perceive a very different picture of the job market than what was initially reported. Data users frequently ask why the number was revised. The short answer is, the revised estimate includes additional information that was not available at the time of the initial release information that makes the revised estimate more accurate.

This Beyond the Numbers article explains the data collection process that BLS conducts every month to produce the estimate of U.S. employment change. The article will also clarify why BLS releases revisions to the initial release, so that users will better understand the change, if any, in the data.

Friday, July 19, 2013

Fashion Safety: US Endorses Bangladesh Action Plan

The following is a joint statement from the Department of Labor, Office of the United States Trade Representative, and the State Department:

"Today, the United States is outlining next steps in a longstanding effort to address in a meaningful way worker safety problems in Bangladesh — the severity of which were exemplified in the tragedies of the November 2012 Tazreen Fashions factory fire and the April 2013 Rana Plaza building collapse — and, more broadly, the ability of Bangladeshi workers to exercise their full range of labor rights.
On June 27, 2013, President Obama announced his decision to suspend Bangladesh's trade benefits under the Generalized System of Preferences (GSP) in view of insufficient progress by the Government of Bangladesh in affording Bangladeshi workers internationally recognized worker rights. That decision followed an extensive, interagency review under the GSP program of worker rights and worker safety in Bangladesh during which the U.S. Government encouraged the Government of Bangladesh to implement needed reforms. At the time of the announcement, the Administration provided the Government of Bangladesh with an action plan which, if implemented, could provide a basis for the President to consider the reinstatement of GSP trade benefits.

Monday, July 15, 2013

Administration Urges Rate Changes for US FELA Benefits

Gary Steinberg, Acting Director Office of Workers' Compensation Programs,  U.S. Department of Labor Acting testified before the Subcommittee on Workforce Protections Committee on Education and the Workforce, U.S. House of Representatives,  on July 10, 2013

"Thank you for inviting me to this important hearing today. As you know, the Department of Labor's
Gary Steinberg, 
Acting Director Office of Workers'
Compensation Programs, 
U.S. Department of Labor,
(DOL) Office of Workers' Compensation Programs (OWCP) administers a number of workers' compensation programs, including the Federal Employees' Compensation Act (FECA) program, which covers 2.7 million Federal and Postal workers and is one of the largest self-insured workers' compensation systems in the world.

I appreciate the opportunity to discuss legislative reforms to FECA that would enhance our ability to assist FECA beneficiaries to return to work, provide a more equitable array of FECA benefits, and generally modernize the program and update the statute. Almost 97 years ago, on September 7, 1916, Congress enacted FECA to provide comprehensive Federal workers' compensation coverage to all Federal employees and their survivors for disability or death due to an employment injury or illness.

Saturday, July 21, 2012

OSHA cites Bloomfield NJ contractor for fall hazards - $89,110

Diana Cortez
OSHA Area Director
The U.S. Department of Labor's Occupational Safety and Health Administration has cited Allied Brothers Construction Inc. of Bloomfield, N.J., for alleged repeat and serious violations of workplace safety standards at a Montebello, N.Y., work site. The contractor faces a total of $89,100 in proposed fines. OSHA's Tarrytown Area Office opened an inspection of the residential construction site on Ryan Mansion Drive in February after receiving reports of fall hazards.

"What we found at this work site were hazards unacceptably similar to those cited during prior inspections at the employer's other sites," said Diana Cortez, OSHA's area director in Tarrytown. "It's clear that this employer must take effective action to enhance worker safety and eliminate such potentially deadly hazards at all of its work sites."

OSHA found employees exposed to falls of up to 13 feet while working without protection atop roofs, and while accessing and exiting roofs using ladders that did not extend at least 3 feet above the landing for proper stability. Allied Brothers Construction also allowed its employees to work without first receiving necessary training to recognize and avoid such hazards. Between 2007 and 2012, OSHA cited this company for similar hazards at work sites in New Milford, Oradell, Patterson, Rutherford and Upper Saddle River, N.J. As a result, OSHA issued has citations in the current case with $79,200 in proposed fines for four repeat violations. 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 other facility within the last five years.

OSHA also has issued citations with $9,900 in fines for three serious violations involving an improperly rigged fall arrest system, an unguarded belt and pulley on a compressor, and the use of a defective ladder. 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.

In April, Secretary of Labor Hilda L. Solis announced a campaign to provide employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More detailed information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.

"In 2010, there were more than 250 fall fatalities in construction in this country. Such deaths are preventable," said Robert Kulick, OSHA's regional administrator in New York. "There are three key steps to preventing falls: plan ahead to get the job done safely, provide the right equipment and train everyone to use the equipment safely. Failure to follow these steps can result in deadly or disabling injuries to workers."

Allied Brothers Construction Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

Related Blog Posts

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Jun 11, 2012
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Thursday, April 19, 2012

Worker Fatality in Moorestown NJ Leads to OSHA Citation

The U.S. Department of Labor's Occupational Safety and Health Administration has cited American Biltrite Inc. for one repeat and nine serious safety and health violations at its Moorestown facility. An OSHA investigation was initiated in November 2011 following the death of a worker who was crushed in a coating machine while attempting to clear a jam. The company failed to use energy control, or "lockout/tagout," procedures prior to allowing the employee to enter the machine's danger area.

The serious violations include failing to provide a lockout/tagout program for the energy sources of equipment, provide appropriate working space around electrical equipment, provide an eyewash station, ensure that proper equipment guards were in place to prevent workers from coming into contact with moving parts, ensure the proper use of flexible cords, take adequate precautions to prevent the ignition of flammable vapors and require employees to wear goggles when handling corrosive chemicals. 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 repeat violation is permitting Class I flammable liquids to be dispensed into containers without the nozzle and the container being electrically connected, which creates the potential for ignition. The company was cited for the same violation in 2010. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

"This company continues to compromise the safety of its workers by disregarding OSHA's safety and health standards," said Paula Dixon-Roderick, director of OSHA's Marlton Area Office. "Employers are responsible for ensuring safe and healthful workplaces, and will be held legally accountable when they fail to do so."

Wellesley Hills, Mass.-based American Biltrite Inc. manufactures and distributes commercial flooring and performance sheet rubber throughout America, and employs 130 workers at the Moorestown site. Proposed penalties total $51,300.

The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Saturday, February 11, 2012

US Labor Department announces comprehensive final rule on H-2B foreign labor certification program

Official portrait of Secretary of Labor Hilda ...Image via Wikipedia
Secretary of Labor Hilda L. Solis
The U.S. Department of Labor's Employment and Training Administration and its Wage and Hour Division today announced a final rule to improve the H-2B temporary nonagricultural worker program. The rule, to be published in the Feb. 21 edition of the Federal Register, includes changes to several aspects of the program to ensure that U.S. workers receive greater access to jobs and strengthens worker protections.
The H-2B program allows the entry of foreign workers into the United States on a temporary basis when qualified U.S. workers are not available, and the employment of those foreign workers will not adversely affect the wages and working conditions of U.S. workers. The H-2B program is limited by law to a cap of 66,000 visas per year.
"The H-2B program is designed to help businesses when there is a temporary shortage of U.S. workers," said Secretary of Labor Hilda L. Solis. "The rule announced today will ensure that the program is used as intended by making these jobs more accessible to U.S. workers and providing stronger protections for every worker."
The department responded to comments received from employers and worker advocates in drafting the final rule, providing employers with greater flexibility and certainty throughout the application and recruitment processes as well as improving U.S. workers' access to jobs. The final rule creates a national registry for all H-2B job postings and increases the amount of time during which U.S. workers must be recruited. The rule also requires the rehiring of former employees when available.
In addition, H-2B program benefits such as transportation costs and wages will be extended to U.S. workers performing substantially the same work as H-2B workers. Worker protections also will be strengthened by enhanced transparency throughout the employment process.
The rule will be effective on April 23. It can be viewed at http://s.dol.gov/MZ. Materials, including fact sheets, are available athttp://www.foreignlaborcert.doleta.gov/h-2b.cfm and http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.
Related articles

Tuesday, February 7, 2012

OSHA cites Clara Construction in Jersey City, NJ, for exposing workers to fall hazards

The seal of the United States Department of LaborImage via Wikipedia



The U.S. Department of Labor's Occupational Safety and Health Administration has cited Clara Construction LLC for one repeat and 10 serious safety violations at a Jersey City work site. These carry total proposed penalties of $46,200. OSHA initiated an inspection as part of a local emphasis program for fall hazards.

"Falls remain one of the leading causes of fatalities on construction sites," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Employers are responsible for providing workers with basic fall protection to prevent potential injuries."

The repeat violation, with a $9,240 penalty, is failing to protect workers from fall hazards. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for the same violation in 2010.

The serious violations, with $36,960 in penalties, include failing to protect workers from fall and impalement hazards, ensure scaffold platforms were laid correctly, provide proper ladder rung construction, make sure guardrails were at sufficient heights and makeshift devices were not created to increase platform height, inspect scaffolds, provide proper scaffold training, provide guardrails near wall holes and provide protection around surface holes. 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.

For detailed information on fall protection standards, visit OSHA's website at http://www.osha.gov/SLTC/fallprotection/index.html.

Clara Construction LLC, which employs 14 workers, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties 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 Parsippany office at 973-263-1003.

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.


Friday, January 20, 2012

$1 Million Ordered in Wages and Damages for Retailiation

English: I took this photo of an Airtran Airwa...Image via Wikipedia

US Department of Labor's OSHA orders AirTran Airways to reinstate
pilot, pay more than $1 million in back wages and damages
OSHA found airline violated whistleblower protection provision of AIR21


The U.S. Department of Labor's Occupational Safety and Health Administration has ordered AirTran Airways, a subsidiary of Dallas, Texas-based Southwest Airlines Co., to reinstate a former pilot who was fired after reporting numerous mechanical concerns. The agency also has ordered that the pilot be paid more than $1 million in back wages plus interest and compensatory damages. An investigation by OSHA's Whistleblower Protection Program found reasonable cause to believe that the termination was an act of retaliation in violation of the whistleblower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR21.

"Airline workers must be free to raise safety and security concerns, and companies that diminish those rights through intimidation or retaliation must be held accountable," said OSHA Assistant Secretary Dr. David Michaels. "Airline safety is of vital importance, not only to the workers, but to the millions of Americans who use our airways."

The pilot's complaint alleged that the airline removed him from flight status on Aug. 23, 2007, pending an investigative hearing regarding a sudden spike in the pilot's mechanical malfunction reports, or PIREPS. The airline held an internal investigative hearing on Sept. 6, 2007, that lasted 17 minutes. Seven days later, the airline terminated the pilot's employment, claiming that he did not satisfactorily answer a question regarding the spike in reports. OSHA found that the pilot did not refuse to answer any questions during the hearing, answers to questions were appropriate, and the action taken by the airline was retaliatory.

"Retaliating against a pilot for reporting mechanical malfunctions is not consistent with a company that values the safety of its workers and customers," added Michaels. "Whistleblower laws are designed to protect workers' rights to speak out when they have safety concerns, and the Labor Department will vigilantly protect and defend those fundamental rights."

Either party to the case can file an appeal with the Labor Department's Office of Administrative Law Judges, but such an appeal does not stay the preliminary reinstatement order.

AirTran Airways is a subsidiary of AirTran Holdings Inc. with headquarters in Orlando. On May 2, 2011, Southwest Airlines completed the acquisition of AirTran Holdings Inc. and now operates AirTran Airways as a wholly-owned subsidiary.

OSHA enforces the whistleblower provision of AIR21, as well as 20 other statutes protecting employees who report violations of various securities, trucking, workplace health and safety, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program.

Detailed information on employee whistleblower rights is available online at http://www.whistleblowers.gov.

Thursday, January 19, 2012

NJ Supreme Court Rules That Only a Physician Can Perform An EMG

Only a licensed physician, and not a physicians assistant, can perform an EMG, ruled the NJ Supreme Court.

Click here to read the complete decision: Selective Insurance Company of American v Arthur C Rothman MD
".... the Legislature intended that only certain licensed physicians, specifically those persons "licensed to practice medicine and surgery pursuant to chapter 9 of Title 45[,]" would be permitted to perform needle EMG tests. As we have explained, physician assistants are not "licensed to practice medicine and surgery" because they do not have the qualifications for such a license."

Tuesday, January 17, 2012

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.