OSHA Proposes a Workplace Heat Standard

OSHA’s proposed new workplace heat standard requires employers to develop a plan to identify and address heat hazards. This plan must include monitoring heat conditions, providing water, and training employees about heat safety. The standard also sets requirements for acclimatization for new and returning employees.

OSHA Fines Paterson NJ Contractor $1Million for Fall Violations

The U.S. Department of Labor's Occupational Safety and Health Administration has cited a New Jersey contractor for again exposing workers to fall hazards, this time while working at a construction site in Franklin Lakes, New Jersey.

NATIONAL CENSUS OF FATAL OCCUPATIONAL INJURIES IN 2022

There were 5,486 fatal work injuries recorded in the United States in 2022, a 5.7-percent increase from 5,190 in 2021, the U.S. Bureau of Labor Statistics reported today. The fatal work injury rate was 3.7 fatalities per 100,000 full-time equivalent (FTE) workers, up from 3.6 per 100,000 FTE in 2021.  These data are from the Census of Fatal Occupational Injuries (CFOI).

Analysis of the OSHA Report on Severe Injury: A Seven-Year Lookback

The Occupational Safety and Health Administration (OSHA) published the "Severe Injury Report: A Seven-Year Lookback"  summarizing employer-reported inpatient hospitalizations, amputations, and eye losses from 2015 to 2021. This report provides valuable insights into the prevalence and nature of severe workplace injuries, helping identify areas for improvement in workplace safety.

Airline Ground Crew Fatalities Result in FFA Safety Alert

Recent fatal accidents at airports involving ground crew personnel drew the attention of The Federal Aviation Administration.

BLS Reports Fatal Accident Rates Soared in 2021

The 3.6 fatal occupational injury rate in 2021 represents the highest annual rate since 2016. A worker died every 101 minutes from a work-related injury in 2021.

OSHA Fines Roofing Company $360,531

An Illinois roofing contractor – with a history of violating federal safety standards and ignoring safety citations – was cited again by the U.S. Department of Labor’s Occupational Safety and Health Administration for exposing workers to deadly fall hazards at two separate job sites in October 2021. Joshua Herion – who does business as ECS Roofing Professionals Inc. – faces proposed penalties of $360,531.

NJ COVID-19 vaccination mandate for, among others, the State's corrections officers, upheld.

NJ COVID-19 vaccination mandate for, among others, the State's corrections officers, upheld. The App Div court held that the Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 to -63, empowered the Governor to issue the order and that the order's vaccination mandate was rationally and adequately tailored to the problem posed. #NJExOrder283 #COVID #VaccineMandate

In the Fog of COVID

The US Bureau of Labor Statistics (BLS) has released the 2020 summary of fatal occupational injuries. Unfortunately, it has ignored the COVID cases that are occupationally related.

Investing for the Next Pandemic

Preparing for the next pandemic is an essential need for all employers, employees, and insurance companies.  The failure of the public health system to handle COVID-19 is evident as the death toll (675,400) fatalities) has now exceeded the 1918 Spanish Flu mortality rate.  The US CDC is encouraging preparation by announcing the opportunity for final investment. It is also incumbent upon the workers’ compensation industry to expand its efforts for pandemic preparation  

OSHA Issues Biden-Harris Administration Guidance to Protect Workers from COVID-19

Today, OSHA issued the long-anticipated Biden-Harris Administration guidance to protect workers from COVID-19. The action is consistent with President Biden's recently issued Executive Order to protect workers and ensure a safer workplace environment.

Major increase in work-related deaths reported

The US Bureau of Labor Statistics has released the census of fatal occupational injuries in 2019. A major increase in work-related deaths has been reported over the prior year. The changing workplace and a major increase in deliveries were reflected in the report in that nearly one out of every five fatally injured workers was employed as a driver/sales worker or truck driver.

NJ COVID Presumption Bill Sent to Gov. Pat Murphy to Sign - Update 3

Legislation (A3999) that would make it easier for employees on the frontline of the coronavirus fight to get work-related benefits is now advancing to NJ Governor Pat Murphy for signature. NJ has been an epicenter of the COVID-19 crisis and suffered some of the highest incidents of COVID illness and death in the US. NJ was initially caught off guard as the COVID virus entered the state from Europe through the major NJ/NY Airports undetected. 

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.

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. 

Workplace Deaths Rise

Work is getting more dangerous in the US. The US Bureau of Labor Statistics reports, there were 5,250 fatal work injuries recorded in the United States in 2018, a 2 percent increase from the 5,147 in 2017. 

The problem with workers’ compensation award ceremonies

Today's guest author is Jon Rehm, Esq. of the Nebraska bar.

Recently three injured workers were honored at the Comp Laude Gala put on by trade publication Workers’ Compensation Central. The event included a panel with the catastrophically injured workers who overcame their injuries.

The Oklahoma Opioid Settlement: A Promising Impact on Workers’ Compensation

The first major settlement in the nation’s massive litigation effort against the manufacturers of opioids may present an outline of how the effort will affect workers’ compensation programs throughout the United States. The settlement outlines a substantial contribution to assist those individuals negatively affected by opioid addiction. 

The Oklahoma Attorney general yesterday announced an historical settlement in the pending state’s opioid litigation. Attorney General Mike Hunter and Oklahoma State University leaders  announced an historic settlement with Purdue Pharma that will establish a nearly $200 million endowment at the Oklahoma State University’s Center for Wellness and Recovery, which will go toward treating the ongoing addiction epidemic nationwide. 

“‘The addiction crisis facing our state and nation is a clear and present danger,’ Attorney General Hunter said. ‘Last year alone, out of the more than 3,000 Oklahomans admitted to the hospital for a non-fatal overdose, 80 percent involved a prescription opioid medication. Additionally, nearly 50 percent of Oklahomans who died from a drug overdose in 2018 were attributed to a pharmaceutical drug. Deploying the money from this settlement immediately allows us to decisively treat addiction illness and save lives.” 

Joseph F. Rice, Esq., of Motley Rice LLC, co-lead counsel and a member of the Plaintiffs’ Executive Committee for the National Prescription Opiate Multidistrict Litigation, coordinated in the Northern District of Ohio, commented, “This is a significant step in the effort of the governmental entities around the country to address the opioid epidemic. Purdue Pharma and the Sackler family, by entering into this settlement, have taken a step forward to address what has been alleged as decades of misinformation, inappropriate marketing and efforts to grow the use of opioids, some of the most addictive narcotic drugs in our society.” 

The US Centers for Disease Control [CDC] has reported that from 1999-2017 almost 400,000 people died from an overdose involving any opioids, including prescription and illicit opioids. On the average, 130 Americans dies every day from an opioid overdose. 

Treatment of work related injuries and the resulting pain have produced an epidemic of opioid related addiction and fatalities. The CDC issued guidelines in 2016 for the prescription of opioids. New safety warnings were also added to all prescription opioid medications. State laws were enacted to add restrictions and limitation on opioid prescriptions. The NJ Attorney General has filed a lawsuit against a subsidiary of NJ based Johnson and Johnson seeking reimbursement for workers' compensation costs resulting from deceptive opioid advertising. At least 33 states have sued the opioid manufacturers. This is a significant action as Johnson and Johnson is a major player in New Jersey's economy. 

An unintended consequence of the restrictions placed on the prescription of opioids has been the inability of injured workers to obtain adequate pain relief. Suicide rates have increased, John Heubusch, a cancer patient, writing in the Washington Post stated, “ We have reached the point where doctors believe the next prescription they write for opioids to treat chronic pain might be their last. In my own case, I’ve had to undergo countless unsuccessful procedures and near superhuman efforts to be granted barely enough medication to try to live a normal life. Even those doctors with the courage to prescribe them for chronic pain sufferers are finding the hurdles established by federal and state reporting requirements so onerous that they are simply turning patients away.”…..”Opioid prescriptions have shrunk substantially, but Washington’s goal now is to cut their number by a further one-third. In a bitter irony, opioid overdose deaths continue to hover at an all-time high. Many chronic pain patients, denied prescriptions, are self-medicating on the street, using synthetic drugs such as fentanyl, 50 times more powerful than heroin. There, danger and overdose lurk around every corner. Even worse, some who have lost all hope for pain relief are choosing to end their pain by ending it all. The risk of suicide among patients with chronic pain is twice that of those without it." 

The Oklahoma settlement is an staring effort to the resolution of the opioid epidemic and the its consequences. Hopefully, this will bring those responsible for the opioid problem to the table to discuss sensible solutions so that injured workers’ can be provided medical care to relieve their pain without resulting addiction and death. This promising future would economically benefit employers, workers’ compensation insurance companies, and public entities that medically treat workplace injuries. All stakeholders involved in the workers’ compensation system hopefully can look to a more promising future.

See also:
New York Sues Sackler Family Members and Drug Distributors (NY Times 3/29/2019)
New York State 1st Amended Complaint (3/28/2019)

….

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.

Updated: 3/29/2019

Making Workplaces Safer

This marks the 27th year the AFL-CIO has produced a report on the state of safety and health protections for America’s workers. It features state and national information on workplace fatalities, injuries, illnesses, the number and frequency of workplace inspections, penalties, funding, staffing and public employee coverage under the Occupational Safety and Health Act. It also includes information on the state of mine safety and health.

US BLS Reports: Deaths on the Job Soar

There were a total of 5,190 fatal work injuries recorded in the United States in 2016, a 7-percent increase from the 4,836 fatal injuries reported in 2015, the U.S. Bureau of Labor Statistics reported today.