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Showing posts with label Virginia. Show all posts
Showing posts with label Virginia. Show all posts

Wednesday, July 15, 2020

Virginia Adopts First-in-the-Nation Workplace Safety Standards for COVID-19 Pandemic

Governor Ralph Northam today announced the adoption of statewide emergency workplace safety standards in response to the novel coronavirus, or COVID-19. These first-in-the-nation safety rules will protect Virginia workers by mandating appropriate personal protective equipment, sanitation, social distancing, infectious disease preparedness and response plans, record keeping, training, and hazard communications in workplaces across the Commonwealth. The actions come in the absence of federal guidelines.

“Workers should not have to sacrifice their health and safety to earn a living, especially during an ongoing global pandemic,” said Governor Northam. “In the face of federal inaction, Virginia has stepped up to protect workers from COVID-19, creating the nation’s first enforceable workplace safety requirements. Keeping Virginians safe at work is not only a critical part of stopping the spread of this virus, it’s key to our economic recovery and it’s the right thing to do.”

Newly adopted standards require all employers to mandate social distancing measures and face coverings for employees in customer-facing positions and when social distancing is not possible, provide frequent access to hand washing or hand sanitizer, and regularly clean high-contact surfaces. In addition, new standards require all employees be notified within 24 hours if a coworker tests positive for the virus. Employees who are known or suspected to be positive for COVID-19 cannot return to work for 10 days or until they receive two consecutive negative tests.

The Virginia Department of Labor and Industry’s Safety and Health Codes Board voted today to approve an emergency temporary standard on infectious disease prevention after Governor Northam directed the creation of enforceable regulations in May. These temporary emergency standards will remain in effect for six months and can be made permanent through the process defined in state law.

“As a top state for workforce development, it should be no surprise that Virginia is also the first in the nation to establish such a robust set of emergency workplace safety regulations,” said Chief Workforce Development Advisor Megan Healy. “Our workers are our greatest asset, and I am confident that these temporary standards will provide Virginians with the peace of mind they need to return to work and fuel the Commonwealth’s economic recovery.”

“Keeping Virginia’s economy moving forward has never been more important, and keeping our workers safe is critical to sustained economic recovery,” said Secretary of Commerce and Trade Brian Ball. “COVID-19 is unfortunately going to continue impacting our everyday lives, and these regulations will provide for safer, more predictable workplaces for Virginians.”

“The Commonwealth’s new emergency workplace safety standards are a powerful tool in our toolbox for keeping Virginia workers safe and protected throughout this pandemic,” said C. Ray Davenport, Commissioner of the Department of Labor and Industry. “Many employers have already enacted these evidence-based practices, and we are committed to working collaboratively with those who have not to ensure they are in compliance with the new emergency temporary standard.”

The emergency temporary standards, infectious disease preparedness and response plan templates, and training guidance will be posted on the Virginia Department of Labor and Industry website at doli.virginia.gov. Workers who feel unsafe in their workplace can file a formal complaint with the federal Occupational Safety and Health Administration here.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Twitter: jongelman
LinkedIn: JonGelman
Author: "Workers' Compensation Law" West-Thomson-Reuters



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Monday, October 28, 2013

Miners’ deaths aren’t a theme-park thrill

Today's post was shared by Jordan Barab and comes from www.washingtonpost.com

“Alone in the darkness . . . the only sound is the pulsing of your heart as the searing heat slowly boils you alive . . . It was reported to be the worst coal mine accident in history. The families of missing miners begged for help but it was decided that a rescue was too dangerous. The miners were left entombed deep underground.”
So begins the Web pitch for the new “Miner’s Revenge” maze, one of 10 haunted attractions meant to tantalize and terrorize visitors during “Halloween Haunt” at Kings Dominion amusement park in the rolling Virginia countryside about 70 miles south of Washington.
The advertisement continues: “Lamps at their sides and pick-axes in their hands they are searching for the men who left them to die . . . waiting to exact their revenge.”
I haven’t gone through the maze, and I don’t intend to, although Kings Dominion spokesman Gene Petriello offered me a free pass. That’s because Miner’s Revenge hits a little too close to home for me.
From 2010 to 2012, I spent a good bit of time researching a real coal-mine disaster for a book published last year: the massive April 5, 2010, underground blast at Massey Energy’s Upper Big Branch mine near Montcoal in southern West Virginia. Twenty-nine miners died in what was the worst U.S. coal-mine disaster in 40 years. Three investigations have found that the incident was the result of Massey’s...
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Saturday, October 5, 2013

Now the Government Shutdown Is Stopping Blood Drives

Today's post was shared by Mother Jones and comes from www.motherjones.com

blood donation

Here's how the government shutdown may literally be killing people: by causing blood shortages.

For all the scorn heaped on government employees, some people forget that the faceless bureaucrats who populate Washington are often, in fact, a bunch of do-gooders—people who genuinely believe in the notion of public service. As such, they contribute to the public good in a lot of ways that are taken for granted, like their immense contribution to local blood banks. Thirty-eight percent of the population is eligible to give blood, but only 5 percent actually does so. A lot of that 5 percent apparently works for the federal government. Thanks to the shutdown, in just two days, four federal agency blood drives scheduled by one DC-area health care system have been canceled. The regional Red Cross has had to cancel six others in the Washington region.

Inova Blood Donor Services projects that the cancelations will result in its projected loss of 300 donations that would have helped 900 patients in DC, Maryland, and Virginia. Inova's donated blood collections supply 24 hospitals, which bank much of the blood for inevitable disasters or, say, terrorist attacks. The Red Cross is suffering from similar disruptions, projecting the loss of 229 donations, each of which could potentially save up to three lives. A single major trauma event can easily deplete a hospital's entire blood store. The longer the shutdown goes on, the...
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Wednesday, September 25, 2013

Public Disclosures Don't Bar Halliburton FCA Suit, Court Says

Today's post is shared from law360.org.

 The False Claims Act’s public disclosure bar does not prevent a water purification specialist's lawsuit accusing Halliburton Co and KBR Inc of violating contractual duties to test and purify lavatory and drinking water used by U.S. troops in Iraq, a federal court in Virginia ruled on Thursday.

The FCA’s public disclosure bar jurisdictionally bans claims based on matters that were publicly disclosed unless the relator was the original source of the allegations. Although the court ruled that the companies did make public disclosures about the information at-issue, it determined that it was more likely than not that whistleblower Benjamin Carter did not base his claims on that information.

“Carter has shown that he had independent knowledge of the facts underlying his claim and that he derived his allegations from his own independent knowledge,” the court wrote.

Carter, a former reverse osmosis water purification unit operator, has long been locked in a legal battle against Halliburton and KBR affiliate Kellogg Brown & Root Services Inc. over claims they billed the government for water purification work they never did at U.S. bases in Al Asad and Ar Ramadi, Iraq.

Halliburton had argued that Carter got his information from prior allegations brought against the oil company, but the district court ruled that Carter based his claims on first-hand experiences.
“Although the...
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