Sleeping On The Job - New Strategies for Sleeping

Everyone agrees that sleep is import and the that the lack of it causes an increase in accidents on the job. The puzzling question is whether it is the quality of sleep that counts and not the quantity, and whether an individual requires a straight block of eigh hours or rather smaller "blocks" of sleep to accomplish the rest one needs to be alert on the job.

Today David K. Randall, a senior reporter at Reuters and author of "Dreamland: The Stange Science of Sleep," writes in the NY Times that employers who allow their employees to nap o the job maybe achieving healthy benefits through higher quality of sleep.

"No one argues that sleep is not essential. But freeing ourselves from needlessly rigid and quite possibly outdated ideas about what constitutes a good night’s sleep might help put many of us to rest, in a healthy and productive, if not eight-hour long, block."

Click here to read "Rethinking Sleep" (nytimes.com)

More about sleeping and job safety

Long Hours Linked To Health Problems And Lower Productivity

Sep 19, 2012

Take care of your health by getting enough sleep and exercise. Sleep is your brain's downtime. Research shows that during sleep, your brain uses the opportunity to process thoughts and information that it receives during ...

http://workers-compensation.blogspot.com/

Falling Asleep On The Job: Insufficient Sleep Is A Compensable ...

Mar 02, 2012

During March 5–11, 2012, National Sleep Awareness Week will be observed in the United States. The National Sleep Foundation recommends that U.S. adults receive, on average, 7–9 hours of sleep per night (1); however, ...

http://workers-compensation.blogspot.com/

Canada To Study the Health Effects of Wind Turbines

Jul 18, 2012

The research design includes a computer-assisted personal interview using a questionnaire consisting of modules that probe endpoints such as noise annoyance, quality of life, sleep quality, stress, chronic illnesses and ...

http://workers-compensation.blogspot.com/

Commercial Driver Fatigue Questioned as a Pre-exisiting Condition?

Mar 09, 2010

If a sleep disorder can be identified and documented, that condition maybe determined to be a pre-exisiting medical condition. Apart from the third party liability that could be imposed upon an employer for identification and...

http://workers-compensation.blogspot.com/

Related articles

• Study: 40 per cent of police officers suffer sleep disorders
• OSHA cites Brick, NJ-based contractor for continuing to expose workers to falls and other hazards at Secaucus work site
• Coordinating Workers Compensation & Social Security: The Inequity Among States Continues
• Canada To Study the Health Effects of Wind Turbines

Commercial Driver Fatigue Questioned as a Pre-exisiting Condition?

Falling asleep at the wheel is a common cause of accidents for commercial drivers. The Federal Motor Carrier Safety Administration  (FMCSA) of the U.S. Department of Transportation is exploring  the issue that such conditions as excessive  daytime sleepiness should be evaluated by medical examination in an effort to predict future probabilities of having a bad day at the wheel and potential crashes at the wheel because of sleepiness. 

If a sleep disorder can be identified and documented, that condition maybe determined to be a pre-exisiting medical condition. Apart from the third party liability that could be imposed upon an employer for identification and non-identification of the medical condition, the issue of an allocation for a pre-exisitng medical conditions (prior-functional credit) may exist in a workers' compensation claim as well as an event that can be attributed to a risk in the course of employment.

The term "prior functional credit" refers to the credit given to the employer, or to the employer's insurance carrier, for the loss of function of any part of the body which an employee had sustained before a subsequent injury or occupational disease for which the employer in question is responsible.  Over the years there have been dramatic changes enacted by the Legislature accompanied by varying interpretations by the courts with regard to the law addressing credits to be afforded to the employer for both non-work and work connected injuries.

The employer no longer takes an employee as they find them. Belth v. Anthony Ferrante & Son, Inc., 47 N.J. 38, 219 A.2d 168 (1966). An individual suffered from asbestosis and bronchitis, and medical testimony was presented by the petitioner's expert apportioning a percentage of the functional loss to cigarette smoking.  The employer was awarded a credit for the previous loss of function which could be attributed to the employee's cigarette smoking, since the legislatively enacted amendments permitted the employer to receive credit for an employee's prior loss of function involving the same body part affected by the compensable occupational disease regardless of whether compensation was received for the earlier injury.  In effect, the employer no longer takes employees as it finds them.  The court stated that the credit to employers for previous loss of function, whether work-related or not, was an incentive to encourage employers to hire workers with pre-existing disabilities.  Field v. Johns-Manville Sales Corp., 209 N.J.Super. 528, 507 A.2d 1209 (App.Div.1986), certif. denied 105 N.J. 531, 523 A.2d 172 (1986); Dafler v. Raymark Industries, Inc., 259 N.J.Super. 17, 611 A.2d 136 (App.Div.1992).

Additional questions may arise as to whether the risk is actually associated with the employment. The Court may also evaluate the risk associated with the employment task in evaluating compensability.  Where the risk was not enhanced by the business interests of the employer, and there was no exercise of control by the employer over the employee, the event is usually deemed to be non-compensable. If the risk in indeed removed from the course of employment then the employer may be denied the exclusivity bar and liability on the employer could be imposed in a civil action. 

The FMCSA commented, "....measuring an individual’s sleepiness today is not going to predict how sleepy the person will be 6 weeks from now. Several factors influence sleepiness, including prior sleep time, medications, and time of day, so it is a very difficult thing to assess."


Click here to read more about "pre-exisiitng conditions" and workers' compensation.

Employee Exposed to Perfume at Work Allowed Workers' Compensation Benefits

A licensed practical nurse who suffered from preexisting pulmonary disability was permitted to recover benefits against her employer when a co-employee sprayed perfume at work. The NJ Appellate Division ruled that a licensed practical nurse was allowed to seek benefits when exposed to an employee's perfume even though the injured worker came to the employment with severe pre-existing obstructive lung disease.

The 64 year old nurse, who had smoked one pack of cigarettes daily for 43 years, had a severe reaction when a coworker sprayed herself with perfume on two occasions. The nurse subsequently became oxygen dependent and never returned to work.

The court reasoned in its opinion that the accident occurred in the course of her employment and arose out of her employment. The exposure at work was deemed a "neutral risk," one that was out of the control of the employee. The court determine that had she not been at work the nurse would not have had this exposure and reaction. The co-employee actions injured the nurse the court held and that the employee, "...had to breathe in order to fulfill her contract of service, contaminated by a co- employee, was a condition of the employment for Sexton and thus a risk of 'this' employment for her." The court reasoned that the injury was not self-inflicted and the employee takes their employees as they find them.

The Second Injury (SIF) was also held responsible for the pre-existing COPD condition since was the intent of the SIF to encourage employers to hire workers' with pre-exisiting conditions. In this case the pre-existing condition was not the sole cause of the injury; therefore, making the SIF liable also.

Sexton v. County of Cumberland/Culberland Manor, NJ App. Div., A-6414-06T1 Decided Januray 9, 2009).