The U.S. Department of Labor has taken legal action against two North Texas dentists on behalf of a dental hygienist and a dental assistant who were not reinstated after expressing concerns about what coronavirus safety measures would be in place when the practice reopened in spring 2020.
Showing posts with label coronavirus. Show all posts
Showing posts with label coronavirus. Show all posts
Sunday, July 18, 2021
Tuesday, March 2, 2021
Supplement Benefit Bill for Surviving Dependents of Essential Coronavirus Workers Passed by NJ Legislature
The NJ Legislature has now passed S2476. It provides supplemental benefit payments to the dependents of essential employees who died in the course of employment due to the contraction of coronavirus disease 2019.
Monday, March 1, 2021
Congressional Leaders Push CDC and OSHA to Address Aerosol Transmission of COVID-19
Congressional leaders wrote a letter to the Biden administration urging the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) to update ventilation and respiratory protection guidance and standards to address aerosol transmission of the COVID-19 virus.
Friday, January 22, 2021
Is the workers' compensation system ready for the COVID-19 [coronavirus] virus? Live Updates
It seems that every decade a new pandemic emerges on the world scene, and complacency continues to exist in the workers’ compensation arena to meet the emerging challenges of infectious disease.
Wednesday, November 25, 2020
CDC Likely to Allocate COVID-19 Vaccine to Essential Workers Ahead of Seniors
Who gets the COVID-19 vaccine first was the subject of a meeting this week of the Centers for Disease Control’s [CDC] Advisory Committees on Immunization Practices [ACIP]. While a final determination has yet been made, it appears that the initial vaccine allocation will prioritize essential workers.
Sunday, November 8, 2020
Halting Workplace COVID-19 Transmission: An Urgent Proposal to Protect American Workers
A report authored by David Michaels and Gregory R Wagner and published by The Century Foundation highlights the actions needed to strengthen The Occupational Safety and Health Administration {OSHA] in order to make workplaces safer. Today’s post is shared from tif.og
Friday, November 6, 2020
NJ Announces COVID-19 Worker Protection Complaint Form
NJ Executive Order 192 imposes requirements on every employer-business, non-profit, governmental and educational entities to take steps to prevent the spread of COVID-19 to employees, customers and others who come into physical contact with its operations.
Saturday, September 26, 2020
NJ Governor Murphy Signs Executive Order Extending Public Health Emergency
Governor Phil Murphy today signed Executive Order No. 186. The Order extends the Public Health Emergency that was declared on March 9, 2020 through Executive Order No. 103, which was previously extended on April 7, May 6, June 4, July 2, August 1, and August 27. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed.
Thursday, July 9, 2020
Certain NJ Public Employees to Receive Accidental Disability Pensions for COVID Claims
The following is the evolution of NJ Assembly Bill No. 3945 that was amended in its final stages before passage. The law extends eligibility for accidental disability and accidental death benefits to certain PFRS, SPRS, and PERS members who contract COVID-19 and test positive for SAR-CoV-2. Certain pensions offset NJ workers’ compensation awards. See Workers' Compensation Fact Sheet #45, NJ Division of Pensions (February 2019), https://www.state.nj.us/treasury/pensions/documents/factsheets/fact45.pdf.
Monday, July 6, 2020
COVID Presumption Bill Stalled in the NJ Assembly - Action Urged
Legislation (A3999) that would make it easier for employees on the frontline of the coronavirus fight to get work-related benefits is now stalled in the NJ Assembly.
Special Independence Day Event - Music and Experts - Veterans Administration
Special Independence Day Event
Wednesday, June 17, 2020
Pandemic Heroes Compensation Act of 2020
Rep. Carolyn B. Maloney, the Chairwoman of the Committee on Oversight and Reform, will hold a remote hearingt o examine the health and economic burdens shouldered by essential workers and their loved ones during the coronavirus pandemic.
Thursday, June 4, 2020
US Congress Holds Virtual Briefing on Building a Contact Tracing Workforce
The Committee on Education and Labor held a virtual briefing to examine Congress’ role to support a qualified, strong, community-based contract tracing workforce. The briefing, entitled “Building A Community-Based Contact Tracing Workforce,” focused on the need for a robust contact tracing workforce and how the public workforce system can support the recruitment and training of contact tracers.
Saturday, May 30, 2020
OSHA's vague COVID-19 reporting guidance
OSHA issued a COVID-19 reporting guidance that lacks a foundation in essential epidemiology as well as legal evidentiary principles for admissibility. It is doubtful that court of law would permit the guidance to be used for the determination of causal relationship.
Thursday, May 28, 2020
NJ Proposal as to Prohibited COVID-19 Related Employment Discrimination
The Department of Labor and Workforce Development (Department) is extending the comment period for the Proposed New Rules at N.J.A.C. 12:70, Prohibited COVID-19 Related Employment Discrimination.
Thursday, May 21, 2020
National COSH Releases Guidelines for “A Safe and Just Return to Work”
Workers must be included in safety plans, say health experts, as wave of walkouts leads to new protections.
“My co-workers are getting sick and we know this disease can be fatal,” says Sofia, a pseudonym for a worker at a Case Farms poultry plant. “We want to do our jobs and help feed people during this crisis. But we need to know our employer is listening to us and doing everything possible to make our workplace safe. Right now, that is not happening.”
To ensure safety for Sofia – and millions of others who are still working or will return to work in the coming weeks and months -- the National Council for Occupational Safety and Health (National COSH) released a new report today: “A Safe and Just Return to Work.”
“The United States is far from being ready to open for business without putting not only workers but entire communities at grave risk of illness and death,” states the report introduction. “Only the most essential businesses should be open, and even those must only be allowed to operate if critical safety measures are in place - that are monitored and enforced.”
The document, with comprehensive guidelines for workplace safety, worker participation and fair compensation for sick, injured and at-risk workers, was prepared by experts convened by National COSH. Writers and contributors include certified industrial hygienists, academicians, attorneys, physicians and leaders of non-governmental and nonprofit organizations.
“The post-COVID world will be different in many ways,” said Jessica Martinez, MPH, co-executive director of National COSH. “One difference we insist on: Workers must be at the table, actively involved in decisions about workplace safety -- at their own workplaces and when creating local, state and federal guidelines.”
U.S. workers are at high risk in workplaces identified as hot spots for the spread of COVID-19, including slaughterhouses, nursing homes and prisons. “A Safe and Just Return to Work” calls for the inclusion of workers and their unions on all task forces, commissions and advisory boards established by governors, mayors and other public officials to establish rules and procedures for workplaces currently operating and those scheduled to re-open.
“Unfortunately, both before and during the current crisis, an unequal balance of power in the workplace means that safety often takes a back seat – especially for workers of color, immigrants and others in marginalized communities,” said Martinez. “Fortunately, working people are not accepting the status quo. The risk and horrible consequences of COVID-19 have led to an unprecedented number of walk-outs and other job actions – and in most cases, workers have been successful in winning protections to reduce risks to themselves, co-workers, their families and the public at large.”
“COVID 19 is highly contagious and can be deadly,“ said Sherry Baron, MD, MPH, a professor of public health at Queens College in New York City who assisted in the preparation of the National COSH report. “Employers who adopt a ‘business-as-usual’ approach could cause workers and their family members to become sick or even die. The right way to reduce risk and limit harm is to include workers in making the plan and implementing effective safety programs, based on the best available scientific evidence.”
“We need stronger laws -- and strong action to enforce our existing right to a safe workplace,” said Jora Trang, managing attorney at Worksafe in Oakland and president of the National COSH board of directors. “In addition to protective measures that must be in place now for all essential workers, bold measures are urgently needed to address the underlying disparities and injustices that were laid bare by the pandemic.”
The report emphasizes that a safe, just return to work – now and into the future – requires, at a minimum, the following elements:
- Effective and stringent health and safety protections, informed by science, backed by robust enforcement, and designed with meaningful input by workers, worker center/COSH groups, unions and employers.
- A planned, detailed and meaningful system of screening, testing, contact tracing, proper isolation and epidemiological surveillance.
- Guaranteed job protection and just compensation for those working, and for those who can’t.
- Inclusion of and respect for meaningful worker and union involvement in all planning, protocols and decision-making regarding safety in the workplace and return-to-work.
- Measures to ensure equity, inclusion and a path to end health and economic disparities.
“A Safe and Just Return to Work” report stresses that Covid-19 safety protections must align with the “hierarchy of controls” recommended by the National Institute for Occupational Safety and Health (NIOSH). The hierarchy emphasizes system-wide engineering and process controls – such as improved ventilation – which reduce exposure most effectively across an entire workplace in addition to life-saving personal protective equipment.
“A Safe and Just Return to Work” is available on the National COSH website at tinyurl.com/safeandjustreturn. It is the latest addition to Coronavirus Resources for Workers, available in English and Spanish with resources in multiple languages, including specific industry and occupational guidelines for grocery workers, health care workers, poultry workers, seafood workers, warehouse workers and others.
Related Articles
….
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.
Blog: Workers ' Compensation
Twitter: jongelman
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
Author: "Workers' Compensation Law" West-Thomson-Reuters
Wednesday, May 13, 2020
A Federal Heroes Compensation Fund
The COVID-19 pandemic has the potential of generating an enormous number of occupational illness claims from health care workers [HCW] and first responders [FR]. Several governmental leaders have called for a nationalized workers’ compensation benefit program to handle the surge of claims.
Bill Expanding Workers’ Comp Benefits for ‘Essential Workers’ Advanced by Labor Committee
Panel approves legislation making it easier for employees on the front lines of coronavirus fight to get work-related benefits
Acting to ensure that ‘essential workers’ serving public needs during the coronavirus crisis get the benefits and protections they deserve, the Senate Labor Committee approved a bill authored by Senate President Steve Sweeney, Senator Robert Singer and Senator Linda Greenstein expanding access to workers’ compensation and other benefits for front-line workers sickened by the coronavirus.
“The men and women who are on the front lines protecting our health and safety and providing the vital services we all need during this crisis must be assured that they have basic worker protections and that they can get workers’ compensation if they fall ill to the coronavirus,” said Senator Sweeney (D-Gloucester/Salem/Cumberland). “We need to ensure that they can go to work with the knowledge that these benefits will be there if they need them.”
The bill, S-2380, would create a presumption that coronavirus disease infections contracted by essential employees who interact with the public, including health care workers and public safety workers, are work-related for the purpose of determining employment benefits for work-related injuries and illnesses, including workers’ compensation benefits. It would cover workers in the public and private sectors.
“New Jersey’s essential employees continue to go to work each and every day, inevitably putting themselves in harms way as they serve their communities,” said Senator Singer (R-30). “Frontline workers who contract COVID-19 should have access to financial safeguards and quality medical care. While we’re hammering out the details with stakeholders and the bill remains a work in progress, I look forward to a positive outcome for everyone.”
The presumption would apply to essential employees in both the public and private sectors who perform needed work during the current public health emergency and would be retroactive to March 9th, when New Jersey’s state of emergency was declared.
“If we are willing to define some of some of the lowest-paid members of our workforce as essential and ask them to put themselves at a higher risk, we must ensure that we provide them with the workers compensation benefits they deserve,” said Senator Greenstein (D-Middlesex/Mercer). “In this unprecedented public health crisis, it is more important than ever that basic protections for those workers who interact with the public and increase their own risk of exposure should be maintained.”
The committee vote was 3-1-1.
The following bill(s) have been scheduled for a committee or a legislative session.
S2380:
Sweeney, Stephen M./Scutari, Nicholas P./Singer, Robert W.
Concerns employment benefits and coronavirus disease 2019 infections contracted by essential employees.
5/14/2020 3:30:00 PM Senate
Voting Session (remote)
Related Articles
….
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.
Blog: Workers ' Compensation
Twitter: jongelman
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
Author: "Workers' Compensation Law" West-Thomson-Reuters
Saturday, May 9, 2020
California Governor Newsom Announces Workers’ Compensation Benefits for Workers who Contract COVID-19 During Stay at Home Order
The state of California joins A growing number of states who are now liberalizing access to Workers Compensation. benefits for injured workers. New Jersey will be discussing similar legislation next week in Trenton New Jersey (NJ S2380).
Wednesday, May 6, 2020
Senator Sweeney Bill Would Expand NJ Workers’ Comp Benefits for ‘Essential Workers’ Sickened in COVID Crisis
Senate President introduces legislation making it easier for employees on the front lines of coronavirus fight to get work-related benefits.
Subscribe to:
Posts (Atom)