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 House of Lords Steps Backward in Time for Asbestos Compensation

The British House of Lords in a recent decision has take a step backward in time and has ruled that those who suffer pleural plaques (scarring of the lungs) as a result of asbestos exposure are unable to claim compensation. Parliament declared, " If the pleural plaques are not in themselves damage, do they become damage when aggregated with the risk which they evidence or the anxiety which that risk causes? In principle, neither the risk of future injury nor anxiety at the prospect of future injury is actionable. "

The decision widely reported in the British press, has been declared a major step backward in time. British Unions have strongly sounded their dismay. Unite Joint General Secretary, Derek Simpson said: "This is a harsh decision which will affect thousands of people with pleural plaques now and in the future." "The judgment will disadvantage many of our members who have been exposed to asbestos in their work by denying them the right to sue their former employers for developing pleural plaques. Unite will continue to fight to re-coup damages for those people who have developed mesothelioma and other asbestos related conditions."

Many support groups have declared their outrage. Tony Whitson, chair of the forum of asbestos support groups said: 'This judgment gives solace to rich insurance companies and leaves asbestos victims uncompensated. It is a disgrace.'

The House of Parliament has turned it back on the victims of asbestos related disease. Since 1775 when Percivall Pott, a prominent British surgeon, noted that chimney sweeps had a high incidence of cancer which he attributed to prolonged exposure and repeated contact with soot, many other work-related cancers have been documented. The British, who first epidemologically recognized asbestos related disease, have now stepped backward in denying benefits to those who suffer from this terrible disease.

Federal Court Grants Class Certification to Federal Express Driver Case - Independent Contractor Status at Issue

In a pending MDL (Multi-District Litigation) claim against Federal Express, US Federal Judge Robert Miller (US DCT Northen District of Indiana), granted class certificationto the claims of potentiall 14,000 current FedEx Ground/Home Delivery drivers and up 10,000 former drivers.

An important issue confronting the litigation is the determination of the existence of an "independent contractor" relationship between FedEx and its present and former drivers.

Full decision:


Judge Robert Miller of U.S. District Court for Northern Indiana, today granted class certification on behalf of approximately 14,000 current FedEx Ground/Home Delivery drivers – as well as upwards of 10,000 former drivers - across the nation who are challenging the company’s embattled independent contractor model.

“This is a landmark decision for workers everywhere serving

Workers' Compensation, "'The Dead Elephant' in the Room"

Joining a loud and vocal majority, Peter Rousmanie, a writer for the periodical, Risk and Insurance, has authored a series of 4 articles on the failing workers’ compensation system.

In a series initially focusing on the World Trade Disaster he has shifted his focus in the first two articles from merely the 911 tragedy to the entire system calling workers’ compensation, “”The Dead Elephant’ In the Room.”

World Trade Center In-Depth Series (Part 1): Up in Smoke

World Trade Center In-Depth Series (Part 2): The Disease Within

World Trade Center In-Depth Series (Part 3): Peeling a Sour Apple

Recrafting the Delivery of Workers' Compensation Benefits

It has been reported SaltLakeTribune: Few lawyers willing to represent injured workers that fewer lawyers are now representing injured workers. The situation is critical in many areas of workers' compensation law including the delivery of medical benefits.

This situation is rather contagious. While claims have dropped nationally, the number of attorneys representing injured claimants have also fallen, but at an alarming rate. This phenomenon is not reflective of a safer work environment, but one in which the Industry has squeezed lawyers out of the process intentionally, through many aspects including: regulatory action, philosophical strategy, and legislative tactics. It has been difficult, to say the least, for stakeholders to seek benefits. The failure to mount a defense against these disruptive and destructive practices is partly based upon the inability of stakeholders to maintain a united front.

Yet the CMS (Medicare reimbursement issue) challenge is one that should be a new beginning for injured workers, Labor, lawyers and other groups to creatively employ tactics and strategy to reconstruct the benefit program, albeit periodic payments, rather to merely adopt a program and jump on the band wagon of Industry to deconstruct the program of "lump sum" reductions in benefits including medical care. A good start would be to propose to Congress a legislative package meaningful to injured workers and one that would preserve the integrity of the periodic benefit system and continued provision of full and complete medical benefits. The convoluted system proposed, yet again, by Industry fails to meet those goals.

Losing the workplace cancer fight – BBC

The Stirling University study mentioned in the BBC programme blurb below will appear in the October-December 2007 issue of the International Journal of Occupational and Environmental Health (IJOEH), available free online www.ijoeh.com It concludes the contribution of workplace factors to all cancers is at least double and possibly four times the commonly cited Doll/Peto contribution (4 per cent of all cancers related to work). The BBC piece, a 40 minute documentary, concentrates on the UK, but most of the lessons apply equally well in other modern, industrialised nations – and certainly to the situation the US, Canada and Australia.

You can listen to the programme online at: http://www.bbc.co.uk/radio/aod/radio4_aod.shtml?radio4/fileon4
Duration: 37mins File Size: 18Mb

Podcast: Download Episode

http://downloads.bbc.co.uk/podcasts/radio4/fileon4/fileon4_20071009-2130.mp3


Related materials are available online at: www.hazards.org/cancer and www.hazards.org/cancer/preventionkit

Losing the workplace cancer fight

By Tim Whewell
BBC Radio 4, File On 4

The HSE is responsible for workplace safety

Occupational cancer is a quiet almost invisible epidemic picking off its victims years after they were first exposed to the risk.

It is one of the areas of workplace safety that the Health and Safety Executive (HSE) is responsible for.

Yet according to a new study published on Tuesday its occupational cancer figures are out of date.

The HSE's figures say 6,000 people die annually of work related cancers.

We know that the existing figures are wrong because of the basis of the calculation that was done some 25 years ago


Prof Andrew Watterson

But the study by Prof Andrew Watterson of Stirling University has found that between 18,000 to 24,000 people a year die of occupationally caused cancers.

"We know that the existing figures are wrong because of the basis of the calculation that was done some 25 years ago," he said.

"They looked at small number of - at that time - large industries. There are many more small to medium sized enterprises now where there may be exposures."

The HSE accepts its figures are out of date but the academic charged with reviewing them, believes they will only show a small increase.

Lesley Rushton of Imperial College said: "Because we are adding more cancers the estimates will rise."

But he added that figures for the six cancers in the HSE's original research will not differ greatly.

Cancer cluster

One of the newer industries Professor Watterson believes the HSE's data does not take into account is microelectronics.

Eleven years after Grace Morrison left the National Semiconductor factory in Greenock, near Glasgow she still has no explanation for what she and many other former workers saw as a cancer cluster in the area.

Grace was diagnosed with cancer and in the same week her sister, who also worked at the plant was found to have leukaemia which eventually claimed her life.

"It was a dreadful time my sister endured two years of hell with the treatment she was having.

Female cancers

"She survived two years and I'm still in remission."

Eventually after a local campaign, the HSE agreed to look into complaints by the firm's employees.

One theory was their cancer stemmed at least partly from exposure to some the chemicals the workers added to tiny silicon discs as part of the microchip production process.

The HSE's 2001 report found two to three times the expected rate of female lung cancer and four to five times the expected rate of female stomach cancers.

'No proof'

It found no immediate proof of a link but said further study was needed urgently yet this work only began this year.

Minutes of meetings of the Microelectronics Working Group, which brings together industry representatives, trade unions, and the HSE, obtained by File On 4 indicate disagreements between the various sides that may help explain the delay in starting the more detailed follow-up study.

One, for example, was over the remit of the new research, with National Semiconductor apparently wanting it limited to lung cancer.

The company declined a request for an interview, but in a statement they said: "There is NO proof that working at National Semiconductor in Greenock has caused an increased risk of employees developing cancer

"Although we have had some concerns regarding the HSE's proposed follow-on study, we have worked closely with the HSE to provide timely comments and information to them.

"National Semiconductor is continuing to work with the HSE on its follow-up study and until this study is completed it would be inappropriate for us to comment further.

"The health and safety of our employees is of paramount importance and we remain committed to providing a safe working environment.

"This is highlighted by the numerous awards secured by the company from organisations such as the Royal Society for the Prevention of Accidents and the British Safety Council and National is one of the top Environmental Health and Safety performers in the UK."

Enforcement action

Steve Coldrick, head of the HSE's disease reduction programme, denied that the micro electronics industry was slow to agree to cooperate with in depth studies.

"The key point is the follow up is a further study so it is not an enforcement action," he said.

"It requires the co-operation and collaboration of the people concerned and the follow up study has started.

"You are talking about six years, but it is determining at the rate of other people as well.

"If other people do not think it is urgent and we have no regulatory force behind it, we are dependent on the pace at which they will go."

You can learn more about this story from File On 4, at 2000 BST, Tuesday 9 October 2007, repeated Sunday 14 October 1700 BST.


http://news.bbc.co.uk/1/hi/programmes

California: Did Workers' Comp Reform Go Too Far?

Friday October 5, 2007

Did Workers' Comp Reform Go Too Far?

By Alan J. Wax

California employees have borne the entire brunt of the Governor's 2004 Workers' Compensation Reform (SB899). Studies by state agencies confirm that the benefits have been reduced by 50 to 70 percent. Even the U.S. Chambers of Commerce reports that California's benefits are among the lowest in the nation. The average maximum weekly permanent disability benefit for the nation is $595, compared to California, which is $270. Weekly benefits for permanently disabled workers in California are the fourth lowest in the nation. Balance this with the fact that California's cost of living is one of the highest in the nation. The insurance industry reports their profits for the last three years exceed the cost of all benefits combined. (Based on the Workers' Compensation Insurance Rating Bureau July 2007 Rate Filing and Summary of March 31, 2007 Insurer Experience)-

Here are some examples of California's ranking among the lowest in the nation compared to other states:

Loss of an eye: California ranks lowest in the nation!

Hearing loss in one ear: California ranks lowest in the nation!

Loss of a foot: California ranks second lowest in the nation!

Loss of a leg at hip: California ranks sixth lowest in the nation!

Loss of a thumb: California ranks seventh lowest in the nation!

(Source: "Analysis of Workers' Compensation Laws," U.S. Chamber of Commerce)

In a special hearing regarding the Reform, Senator Sheila Kuehl had admonished the then, Administrative Director Andrea Hoch by stating that there was no legislative intent to reduce "whole hog" the overall benefits, the then Chairman Richard Alarcon, stated it was his understanding "that [SB899] should not reduce benefits to injured workers." In fact, Governor Schwarzenegger was quoted as saying, "I never wanted to hurt any one of the workers or the people that get benefits," (Sacramento Bee, November 19, 2003). However, that is exactly what is being done by this reform.

SB 936 sponsored by Senator Don Perata, would help restore fair and adequate in small measure benefits for those who through no fault of their own become permanently disabled as a result of a work related injury and will not require any cost increase for employers. As permanent disability benefits represent only 13 percent of total benefits. This measure has been passed on a virtually unanimous vote of Senate and Assembly Democrats. This remedial bill partially corrects unintended 50 to 70 percent cuts in permanent disability compensation to injured workers. There are many problems with the workers' compensation reform dealing with limits on reasonable medical treatment, temporary disability benefits and vocational retraining. SB 936 would be a first step in trying to restore modest compensation to California's injured on the job.

Alan J. Wax, a Certified Specialist by the State of California in the area of Workers' Compensation Law, and a member of Board of Governors of the California Applicant's Attorney's Association is a partner with the law firm of Wax & Wax. He can be reached at (661) 255-9585. His column represents his own views, and not necessarily those of The Signal. "Business Law" appears Fridays and rotates between members of the Santa Clarita Valley Bar Association. www.SCVbar.org.