The U.S. Department of Labor announced a final rule requiring certain employers in designated high-hazard industries to submit injury and illness information electronically – that they are already required to keep – to the department's Occupational Safety and Health Administration.
Showing posts with label injuries. Show all posts
Showing posts with label injuries. Show all posts
Wednesday, July 19, 2023
Monday, September 5, 2022
Top 10 Workplace Safety and Health Violations
The following is a list of the top 10 most frequently cited standards following inspections of worksites by federal OSHA for all industries. OSHA publishes the list to alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up. Far too many preventable injuries, illnesses, and deaths occur in the workplace that are related to these top 10 cited standards.
Thursday, November 8, 2018
The Workplace is Getting Safer - The Future of Workers' Compensation
Monday, April 19, 2010
Football Players File Claims for Brain Damage
Football, the sport of humans clashing heads together, is now subject to a growing wave of workers' compensation claims for dementia. Recent studies have shown that football players have suffered head injuries as a result of multiple concussions suffer chronic traumatic encephalitis (CTE).
At recent discussion on Legal Talk Network reviewing this topic in depth, Christopher Nowinski, President and CEO of the Sports Legacy Institute and former Harvard football player, participated. He remarked that former football players have donated their brains for pathological research concerning CTE and its association with multiple concussions playing the sport.
It has been alleged that CTE results in early dementia, early onset of Alzheimer's Disease and multiple other brain disorders. The average football player sustains over 1,000 concussions each game.
Recently claims have been filed by several players against the National Football League in California. Massachusetts attorney, Alan S. Pierce, explains that that the statutory prohibitions make California a fertile jurisdiction for workers compensation claims. In additional to the medical causation issue, it is anticipated that players will be confronted with conflict of laws issues in selecting an appropriate jurisdiction(s) to insure a maximum recovery.
As employment relationships become more geographically complex due to interstate and international relationships, the courts have been confronted with an ever-increasing problem as to what forum's law will apply to specific situations. In most instances, courts have adopted their local law as long as the site of the injury, or the site of the contract, or the site of the employment relationship was within their state. In certain instances, the court must go beyond those factors and assess whether another forum's law would provide the certainty of result which would occur in the their own state. The court looks towards fairness to the employee in selecting the choice of law to be applied. An overwhelming consideration is that public policy demands that the injured employee be cared for adequately within their jurisdiction.
Additionally rates of compensation vary among the states as well as laws defining what constitutes an occupational exposure and the allocation of liability where multiple jurisdiction, employment and events occur.
It is anticipated that these claims will increase and will proliferate in multiple-jurisdictions throughout the country. Since it it is impossible to avoid injuries in a sport designed for body contact sport, the courts and legislatures will be faced ultimately with public policy consideration concerning the sport and continuing to mandate workers' compensation benefits.
Click here to read more about jurisdiction and workers' compensation.
At recent discussion on Legal Talk Network reviewing this topic in depth, Christopher Nowinski, President and CEO of the Sports Legacy Institute and former Harvard football player, participated. He remarked that former football players have donated their brains for pathological research concerning CTE and its association with multiple concussions playing the sport.
It has been alleged that CTE results in early dementia, early onset of Alzheimer's Disease and multiple other brain disorders. The average football player sustains over 1,000 concussions each game.
Recently claims have been filed by several players against the National Football League in California. Massachusetts attorney, Alan S. Pierce, explains that that the statutory prohibitions make California a fertile jurisdiction for workers compensation claims. In additional to the medical causation issue, it is anticipated that players will be confronted with conflict of laws issues in selecting an appropriate jurisdiction(s) to insure a maximum recovery.
As employment relationships become more geographically complex due to interstate and international relationships, the courts have been confronted with an ever-increasing problem as to what forum's law will apply to specific situations. In most instances, courts have adopted their local law as long as the site of the injury, or the site of the contract, or the site of the employment relationship was within their state. In certain instances, the court must go beyond those factors and assess whether another forum's law would provide the certainty of result which would occur in the their own state. The court looks towards fairness to the employee in selecting the choice of law to be applied. An overwhelming consideration is that public policy demands that the injured employee be cared for adequately within their jurisdiction.
Additionally rates of compensation vary among the states as well as laws defining what constitutes an occupational exposure and the allocation of liability where multiple jurisdiction, employment and events occur.
It is anticipated that these claims will increase and will proliferate in multiple-jurisdictions throughout the country. Since it it is impossible to avoid injuries in a sport designed for body contact sport, the courts and legislatures will be faced ultimately with public policy consideration concerning the sport and continuing to mandate workers' compensation benefits.
Click here to read more about jurisdiction and workers' compensation.
Saturday, January 30, 2010
OSHA releases workplace injury and illness information
Data represents administration's "Open Government" policy
Every year since 1996 the Occupational Safety and Health Administration (OSHA) has collected work-related injury and illness data from more than 80,000 employers. For the first time, the Agency has made the data from 1996 to 2007 available in a searchable online database, allowing the public to look at establishment or industry-specific injury and illness data. The workplace injury and illness data is available at http://www.osha.gov/pls/odi/establishment_search.html as well as Data.gov.
OSHA uses the data to calculate injury and illness incidence rates to guide its strategic management plan and to focus its Site Specific Targeting (SST) Program, which the agency uses to target its inspections.
"Making injury and illness information available to the public is part of OSHA's response to the administration's commitment to make government more transparent to the American people," said David Michaels, Assistant Secretary of Labor for OSHA. "This effort will improve the public's accessibility to workplace safety and health data and ensure the Agency can function more effectively for American workers."
Information available at the Data.gov and www.osha.gov Websites includes an establishment's name, address, industry, associated Total Case Rate (TCR), Days Away, Restricted, Transfer (DART) case rate, and the Days Away From Work (DAFWII) case rate. The data is specific to the establishments that provided OSHA with valid data through the 2008 data collection (collection of CY 2007 data). This database does not contain rates calculated by OSHA for establishments that submitted suspect or unreliable data.
Data.gov provides expanded public access to valuable workforce-related data generated by the Executive Branch of the federal government. Although the initial launch of Data.gov provides a limited portion of the rich variety of Federal datasets presently available, the public is invited to participate in shaping the future of Data.gov by suggesting additional datasets and site enhancements to provide seamless public access and use of federal data.
More information about the Department of Labor's Open Government Web site is available athttp://www.dol.gov/open/ where there are links to the latest data sets, ways to connect with Department staff, and information about providing public input that will make the Department's site and its work more useful and engaging.
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 assure 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
OSHA uses the data to calculate injury and illness incidence rates to guide its strategic management plan and to focus its Site Specific Targeting (SST) Program, which the agency uses to target its inspections.
"Making injury and illness information available to the public is part of OSHA's response to the administration's commitment to make government more transparent to the American people," said David Michaels, Assistant Secretary of Labor for OSHA. "This effort will improve the public's accessibility to workplace safety and health data and ensure the Agency can function more effectively for American workers."
Information available at the Data.gov and www.osha.gov Websites includes an establishment's name, address, industry, associated Total Case Rate (TCR), Days Away, Restricted, Transfer (DART) case rate, and the Days Away From Work (DAFWII) case rate. The data is specific to the establishments that provided OSHA with valid data through the 2008 data collection (collection of CY 2007 data). This database does not contain rates calculated by OSHA for establishments that submitted suspect or unreliable data.
Data.gov provides expanded public access to valuable workforce-related data generated by the Executive Branch of the federal government. Although the initial launch of Data.gov provides a limited portion of the rich variety of Federal datasets presently available, the public is invited to participate in shaping the future of Data.gov by suggesting additional datasets and site enhancements to provide seamless public access and use of federal data.
More information about the Department of Labor's Open Government Web site is available athttp://www.dol.gov/open/ where there are links to the latest data sets, ways to connect with Department staff, and information about providing public input that will make the Department's site and its work more useful and engaging.
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 assure 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
US Department of Labor's OSHA proposes recordkeeping change to improve illness data
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is proposing to revise its Occupational Injury and Illness Recording and Reporting (recordkeeping) regulation by restoring a column on the OSHA Form 300 to better identify work-related musculoskeletal disorders (MSDs). The rule does not change existing requirements for when and under what circumstances employers must record musculoskeletal disorders on their injury and illness logs.
Many employers are currently required to keep a record of workplace injuries and illnesses, including work-related MSDs, on the OSHA Form 300 (Log of Work-Related Injuries and Illnesses). The proposed rule would require employers to place a check mark in a column for all MSDs they have recorded.
The proposed requirements are identical to those contained in the OSHA recordkeeping regulation that was issued in 2001. Prior to 2001, OSHA's injury and illness logs contained a column for repetitive trauma disorders that included noise and MSDs. In 2001, OSHA separated noise and MSDs into two separate columns, but the MSD column was deleted in 2003 before the provision became effective. OSHA is now proposing to restore the MSD column to the OSHA Form 300 log.
"Restoring the MSD column will improve the ability of workers and employers to identify and prevent work-related musculoskeletal disorders by providing simple and easily accessible information," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "It will also improve the accuracy and completeness of national work-related injury and illness data."
For more information, view OSHA's proposal at:http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=21314. This notice will be published in the Jan. 29 edition of theFederal Register.
Interested parties may submit comments on the proposed rule electronically athttp://www.regulations.gov, the federal e-rulemaking portal; or by mailing three copies to the OSHA Docket Office, Room N-2625, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210; or by fax at 202-693-1648 if the comments and attachments do not exceed 10 pages.
Comments must include the agency name and docket number for this rulemaking (Docket Number OSHA-2009-0044). The deadline for submitting comments is March 15. OSHA will hold a public meeting on the proposed rule March 9.
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 assure 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.
Many employers are currently required to keep a record of workplace injuries and illnesses, including work-related MSDs, on the OSHA Form 300 (Log of Work-Related Injuries and Illnesses). The proposed rule would require employers to place a check mark in a column for all MSDs they have recorded.
The proposed requirements are identical to those contained in the OSHA recordkeeping regulation that was issued in 2001. Prior to 2001, OSHA's injury and illness logs contained a column for repetitive trauma disorders that included noise and MSDs. In 2001, OSHA separated noise and MSDs into two separate columns, but the MSD column was deleted in 2003 before the provision became effective. OSHA is now proposing to restore the MSD column to the OSHA Form 300 log.
"Restoring the MSD column will improve the ability of workers and employers to identify and prevent work-related musculoskeletal disorders by providing simple and easily accessible information," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "It will also improve the accuracy and completeness of national work-related injury and illness data."
For more information, view OSHA's proposal at:http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=21314. This notice will be published in the Jan. 29 edition of theFederal Register.
Interested parties may submit comments on the proposed rule electronically athttp://www.regulations.gov, the federal e-rulemaking portal; or by mailing three copies to the OSHA Docket Office, Room N-2625, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210; or by fax at 202-693-1648 if the comments and attachments do not exceed 10 pages.
Comments must include the agency name and docket number for this rulemaking (Docket Number OSHA-2009-0044). The deadline for submitting comments is March 15. OSHA will hold a public meeting on the proposed rule March 9.
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 assure 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, August 21, 2009
Wyoming Supreme Court Rules That Medical Expert Need Not Use Magical Words
A medical expert need not use specific statutory language in order to establish causal relationship between an accident and a medical condition. The Wyoming Supreme Court reserved a lower panel's decision and found compensable a work related accident.
"As we have stated in the context of a claim for workers‟ compensation benefits for an aggravation of a pre-existing injury, the medical expert is not required to utter any particular magic words to establish the requisite causation. See State ex rel. Wyoming Workers’ Safety and Compensation Division v. Slaymaker, 2007 WY 65, ¶ 18, 156 P.3d 977, 984 (Wyo. 2007); In re Boyce, 2005 WY 9, ¶ 11, 105 P.3d 451, 455 (Wyo. 2005). So long as the medical expert‟s testimony contains sufficient information, the fact that she did not use the exact statutory language is irrelevant."
In the matter of the Workers' Compensation Claim of Peter Gaze v State of Wyoming, et al. (Decided August 19 2009)
Monday, October 22, 2007
Does OSHA Know Its Numbers: Questionable Counting of Workplace Injuries and Accidents
A debate is occurring in the occupational health community over whether or not the validity of the statistics produced by the Occupational Safety and Health Administration (OSHA) is accurate concerning their reporting of data in recent years that that reflects a decline in occupational injuries and illnesses. Charged with a record-keeping in 1995 OSHA has reported a constant decline annually in its statistical reports.
The agency's recent reporting has become the subject of an analysis by scholars who conclude that the substantial declines in the number of injuries and illnesses merely correspond directly with changes in OSHA's recordkeeping requirements. The report goes on to illustrate that the most significant changes in employment, production, and OSHA enforcement activity, and in fact sampling error just do not explain the large decline. The scientists report that the decline of 2.4 million injuries and illnesses were in fact statistically inaccurate. Over 83% of the decline can be attributed to merely the change in OSHA's recordkeeping requirements.
The agency's recent reporting has become the subject of an analysis by scholars who conclude that the substantial declines in the number of injuries and illnesses merely correspond directly with changes in OSHA's recordkeeping requirements. The report goes on to illustrate that the most significant changes in employment, production, and OSHA enforcement activity, and in fact sampling error just do not explain the large decline. The scientists report that the decline of 2.4 million injuries and illnesses were in fact statistically inaccurate. Over 83% of the decline can be attributed to merely the change in OSHA's recordkeeping requirements.
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