Workers' Compensation

Thursday, July 7, 2011

National Cell Phone Ban Proposed by Congress

Cell phone abuse while driving has been proposed by Congresswoman Carolyn McCarthy (D-NY4). Distracted driving accidents are soaring and are now emerging as a major cause of work-related accidents.

Distracted riving claims are a major liability issue for employers and their insurance carriers. Liability falls upon the employers for workers' compensation benefits, potential liability damages by innocent injured third-parties, and subject employers to fines by regulatory agencies such as The Occupational Safety and Health Administration (OSHA).

McCarthy, a victim of an accident caused by testing while driving, is a former nurse who has made public health and safety a hallmark of her tenure in Congress, has announced new federal legislation that would create a single national standard prohibiting the use of handheld mobile devices while driving.

“Driving while making a phone call, texting or using apps can be as dangerous as driving drunk, and much more common,” Rep. McCarthy said. “With some basic commonsense rules that are already in place in some parts of the country, we can reduce injuries and save lives in America.”

The Safe Drivers Act of 2011 focuses on two primary efforts. First, it directs the Secretary of Transportation to establish minimum regulations that ban the use of hand-held mobile devices on a public road while operating a moving or idling motor vehicle, except in the case of an emergency. There are exclusions, including voice-operated, vehicle-integrated devices, as well as voice-operated GPS systems.

The bill also requires the DOT to conduct a study on distracted driving, focusing particularly on the issue of cognitive distraction and the impact of distraction on young and inexperienced drivers. In two years, the DOT must report the findings of this study to Congress and provide recommendations for revising the minimum distracted driving prohibitions and penalties states must comply with.

The penalty for not complying with the DOT’s minimum standards within two years of enactment would be a withholding of 25 percent of a state’s federal highway transportation funding.

The legislation is modeled after the nation’s federal Blood Alcohol Content standard, the violation of which also results in a withholding of federal transportation funds (though no state has been in violation of the federal BAC standard). States that are penalized can actually receive their funds as soon as they are in compliance with federal law. Click here to read the full legislation.

With a potpourri of laws in different states, including some states with no laws whatsoever limiting cell phone use while driving, distracted driving is rapidly becoming a deadly problem across the nation.

According to the National Highway Traffic Safety Administration, 5,474 people died as a result of driver distraction in 2009, making up about 16 percent of all fatalities as a result of auto crashes that year.

According to the Insurance Institute for Highway Safety, using a cell phone makes a driver four times more likely to be in an accident that causes injury.

Right now, 13 states have no laws addressing handheld voice calls. They are Alaska, Florida, Hawaii, Idaho, Missouri, Montana, Nevada, Ohio, Pennsylvania, South Carolina, South Dakota, Wisconsin and Wyoming.

Ten states have no laws addressing texting while driving. They are Arizona, Florida, Hawaii, Idaho, Montana, Nevada, Ohio, Pennsylvania, South Carolina and South Dakota.

Eight states have no laws whatsoever limiting the use of cell phones while driving, whether for voice calls or texting. They are Florida, Idaho, Montana, Nevada, Ohio, Pennsylvania, South Carolina and South Dakota.

Only 8 states prohibit all drivers – including novice drivers, bus drivers and regular adults – from using handheld cell phones while driving. They are California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington.

According to the Insurance Institute for Highway Safety, immediately after New York banned cell phone use while driving in 2001, cell phone use declined an estimated 47 percent. Since then over time, handheld cell phone use by New York Drivers is down an estimated 24 percent.

Kelly Cline, a Buffalo, NY-area mother who lost her 20-year-old son A.J. Larson in a texting-while-driving accident in 2007 and co-founded the 1,000-member Families Against Texting While Driving organization, gave the Safe Drivers Act of 2011 a very personal endorsement.

“I know all too well the tragic outcome that distracted driving can lead to in a split second,” Ms. Cline said. “No one should lose their life because of an easily avoidable problem that society hasn’t made a serious issue of. I hope that what happened to my family serves as a wake-up call to our legislators, and I thank Congresswoman McCarthy for her leadership. Hopefully we can raise awareness about distracted driving and stop another tragedy from happening.”

Wednesday, July 6, 2011

OSHA To Focus on Infections in the Workplace

OSHA schedules meetings to
discuss occupational exposure to infectious diseases

The Occupational Safety and Health Administration has scheduled two informal stakeholder meetings to solicit comments on exposure to infectious diseases in the workplace. OSHA will use information gathered during these meetings to explore the possible development of a proposed rule to protect workers from occupational exposure to infectious agents in healthcare settings where direct patient care is provided and other settings where workers perform tasks with occupational exposure. Both meetings are scheduled for July 29 in Washington, D.C.

On May 6, 2010, OSHA published a Request for Information on Infectious Diseases. OSHA wanted to gather comments on strategies that are currently used to reduce the risk of workplace exposure to infectious agents, and to more accurately distinguish the nature and extent of occupationally-acquired infectious diseases. Based on responses received and an ongoing review of literature on this subject, OSHA is considering development of a proposed program standard to control worker exposures to infectious agents.

"We know that workers in healthcare and related facilities may be exposed to infectious agents, and they deserve to be protected," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Information gained from these meetings will help us determine the best approach to assure that workers don’t put themselves at risk while caring for patients and doing their job. After all, a good job is a healthy and safe job."

The two meetings will be held July 29, from 9 a.m. to noon and from 1:30 p.m. to 4:30 p.m., at the U.S. Department of Labor, 200 Constitution Ave., N.W., Room N-4437, Washington, DC 20210. To participate in one of the stakeholder meetings, or be a nonparticipating observer, individuals must submit a notice of intent electronically, by facsimile or by hard copy no later than July 22. See the Federal Register notice for details.

Meeting discussions will focus on issues including the advantages and disadvantages of using a program standard to limit occupational exposure to infectious diseases; whether and to what extent an OSHA standard should require employers to develop a written worker infection control plan that documents how employers will implement infection control measures to protect workers; and whether and to what extent OSHA should take alternative approaches to rulemaking to improve compliance with current infection control guidelines issued by the Centers for Disease Control and Prevention, the National Institutes of Health, and other authoritative agencies.

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 ensure 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.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Tuesday, July 5, 2011

Employers Prohibited From Seeking Reimbursement From a Public Entity

A New Jersey appeals court has held that an employer or insurance carrier is prohibited from seeking reimbursement from a public entity resulting from a work related claim. Only a direct action may be brought by an employee against a public entity.

"Relying on Travelers, supra, 169 N.J.Super. at 415, Judge Casale held that where, as here, a public entity is the third-party tortfeasor, the Tort Claims Act (TCA), N.J.S.A. 59:9-2(e), bars subrogation by the employer or its worker's compensation carrier. That section provides: "No insurer or other person shall be entitled to bring an action under a subrogation provision in an insurance contract against a public entity or public employee." Ibid.

"It is clear that N.J.S.A. 34:15- 40 not only permits subrogation recovery from the employee, but would allow a lawsuit directly against the third-party tortfeasor. N.J.S.A. 34:15-40(f). However, in enacting the TCA, N.J.S.A. 59:9-2(e), the Legislature intended that the cost of worker's compensation payments should not be shifted to a public entity that happened to be a third-party tortfeasor. Instead, those costs were to be absorbed by the worker's compensation insurer. Travelers, supra, 169 N.J.Super. at 415.

Thomas v The City of East Orange, Docket No. L-6929-09, 2011 WL 2582550 (N.J.Super.A.D.) Decided July 1, 2011.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Employers Face Liability For Cell Phone Accidents

Accidents resulting from the use of cell phones at work shift liability to to the employer. Todd Clement, an expert trial lawyer from Dallas TX, in a recent interview, explains why employers are going to paying damages for distracted driving accidents involving their employees.

Multiple claims can be made following a work-related distracted driving accident caused by an employee's use of a cell phone. Those claims include an action by an employee, the who used the cell phone, against the employer for workers' compensation benefits. Since the system is a "no fault" program, the employer becomes liable for the payment of benefits to the employee inclusing: temporary, medical and permanent benefits.

Claims can also be made by the passenger (co-employee) against the employer under the workers' compensation act. Also, anyone else injured may also file a liability claim against the employer for their employee's distracted driving conduct.

In some jurisdictions claims may also exist an employer directly by an employee for the employer's failure to maintain a safe workplace. In many jurisdictions, if The US Occupational Safety and Health Administration (OSHA) cites an employer for maintaining an unsafe workplace, the employee may also be subject to OSHA files. Those violations may also be evidence used against the employer to establish proof that the employee did indeed maintain an unsafe workplace.

Monday, July 4, 2011

Have A Happy and Safe 4th of July

Fireworks during the Fourth of July are as American as apple-pie, but did you know that more fires are reported on that day than on any other day of the year in the United States? Nearly half of these fires are caused by fireworks. The good news is you can enjoy your holiday and the fireworks, with just a few simple safety tips:

FACTS

Each July Fourth, thousands of people, most often children and teens, are injured while using consumer fireworks.
The risk of fireworks injury is more than twice as high for children ages 10–14 as for the general population.

PROCEED WITH CAUTION!

Leave fireworks to the professionals. Do not use consumer fireworks.
The safest way to enjoy fireworks is to attend a public display conducted by trained professionals.
After the firework display, children should never pick up fireworks that may be left over, they may still be active.

Source: Alliance to Stop Consumer Fireworks

Sunday, July 3, 2011

Florida Rules Illegal Aliens Entitled to Workers Compensation

A Florida Court has ruled that illegal aliens are entitled to workers' compensation benefits. This follows the acceptance of a majority of States to offer workers' compensation status to workers regardless of their immigration status and is in conformity with public policy and legislative intent.

The Court reasoned that the employer knew or should have known of the illegal status of the employee at the time of hiring then the employer is subsequently responsible to pay workers' compensation benefits following a work-related injury.

The Court stated in its opinion:

"Although there is no shortage of debate that can be had on the issue of illegal labor and its effect on our state, there is no dispute that the Florida Legislature has expressed an unyielding, textual intent that aliens, including those who are illegal and unlawfully employed, be covered and compensated under the Florida Workers’ Compensation Law. See § 440.02(15)(a), Fla. Stat. (2007) (defining “employee” to include any person who receives remuneration from an employer, including aliens, whether “lawfully or unlawfully employed”); see also Safeharbor Employer Servs., Inc. v. Velazquez, 860 So. 2d 984 (Fla. 1st DCA 2003) (“Therefore, we conclude that the Florida legislature's right to enact workers' compensation benefits for illegal aliens is not preempted by federal action.”). Indeed, the purpose of workers’ compensation law is to place on industry, rather than the general taxpaying public, the expense incident to the hazards created by industry. Gore v. Lee County Sch. Bd., 43 So. 3d 846, 849 (Fla. 1st DCA 2010) (explaining workers’ compensation legislation is designed to relieve society in general of expenses created by industry). Moreover, because the employer stands to benefit and profit from its employment of labor, and further is in the best position to avoid the risk of loss, the courts have uniformly recognized the impropriety of foisting on society the costs of a “broken body” and “diminished income” created by industry. Mobile Elevator Co. v. White, 39 So. 2d 799, 800 (Fla.1949).
"Accordingly, the Florida Legislature has long recognized that although the employment of illegal aliens is prohibited by federal and state law, violation of these laws is an unfortunate reality, and the cost of injuries sustained by unlawful workers, being no less real than those suffered by lawful workers, should be borne by the industry giving rise to the risk (and best positioned to avoid the loss), not the general taxpaying public. In the instance of employers that employ illegal workers, this court has held that such an employer is precluded from asserting the status of an illegal alien as a defensive matter so as to avoid liability for disability benefits otherwise due only when the employer “knew or should have known of the true status of the employee.” Candelo, 478 So. 2d at 1170 (“This holding prevents unauthorized aliens from suffering at the hands of an employer who would knowingly hire the alien and then conveniently use the unauthorized alien status to avoid paying wage loss benefits.”). The holding in Candelo, in addition to being binding authority on this court, advances the principle that an entity that knowingly employs unlawful labor should not be able to shirk the cost of the injuries it creates – and in turn, shift the cost of the damages that it has knowingly created on the taxpaying public – ultimately placing it in a unfairly superior financial position to those employers who operate lawfully. Accordingly, here, we find no error in the JCC’s application of Candelo so as to preclude the E/C from raising Claimant’s illegal status, a concern that it waived when hiring and continuing to employ Claimant, as a defensive mechanism to avoid responsibility for an individual who is, based on the factual findings of the JCC, permanently and totally disabled under the Workers’ Compensation Law."

HDV Construction Systems, Inc. v. Aragon, Case No. 1D10-6401 (2011 FL Ct of Appeals 1st District) Decided June 30, 2011

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Saturday, July 2, 2011

Injured Worker Sues Insurance Company for Malicious Prosecution

A workers' comp claimant has been allowed by the Massachusetts Supreme Court to sue AIG for malicious prosecution as a result of the insurance companies fraud investigation. The workers' compensation insurance company conducted a fraud investigation of the injured worker and forwarded it onto the State agency for prosecution.

"In this proceeding we consider the appeal of AIG Domestic Claims, Inc. (AIGDC), from the denial of its motion for summary judgment. Jesse Maxwell, a workers' compensation claimant, brought suit against AIGDC regarding the company's conduct in referring his claim to the insurance fraud bureau (IFB), communicating with fraud investigators and prosecutors regarding his activity and claim, and using criminal processes to gain leverage in dealings with him. Maxwell sought recovery on theories of malicious prosecution, infliction of emotional distress, abuse of process, and violation of G.L. c. 93A and G.L. c. 176D. In July, 2007, AIGDC filed a special motion to dismiss the suit pursuant to G.L. c. 231, § 59H, the so-called “anti-SLAPP” statute. That motion was denied and AIGDC's appeal was unsuccessful. See Maxwell v. AIG Domestic Claims, Inc., 72 Mass.App.Ct. 685, 893 N.E.2d 791 (2008). On remand, the parties conducted discovery and AIGDC filed a motion for summary judgment in August, 2009. Summary judgment was denied. AIGDC appealed under the doctrine of present execution, and we granted its application for direct appellate review.

"We conclude that AIGDC enjoys qualified immunity regarding its reporting of potentially fraudulent activity but that summary judgment is inappropriate because all of Maxwell's claims rely, at least in part, on conduct falling outside the scope of the immunity. We also conclude that portions of Maxwell's claims may be barred by workers' compensation exclusivity under G.L. c. 152, but that not one of Maxwell's counts is barred entirely such that the Superior Court would be without subject matter jurisdiction. Accordingly, we affirm the order of the Superior Court denying summary judgment and remand the case for further proceedings consistent with this opinion.

Maxwell v. AIG Domestic Claims, Inc., Mass. , --- N.E.2d ----, 2011 WL 2556944 (Mass 2011) Decided June 30, 2011

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Friday, July 1, 2011

CDC Seeks to End Needle Stick Injuries

Infections caused by transmission through needle-stick injuries have plagued work comp systems for decades. Today the US Centers for Disease Control (CDC) has launched a public relations effort to prevent needle stick injuries.

Sharps injuries are a significant injury and health hazard for health care workers and also result in a number of direct and indirect organizational costs. The Centers for Disease Control and Prevention (CDC) estimates that about 385,000 sharps-related injuries occur annually among health care workers. More recent estimates from The Exposure Prevention Information Network (EPINet™) indicate this number may have been increasing steadily during the past nine years. It is estimated about one third of these injuries go unreported. Most reported sharps injuries involve nursing staff, but laboratory staff, physicians, housekeepers, and other health care workers are also injured.

Workers' Compensation benefits include temporary, medical and permanent disability awards. On many occasions, medical monitoring is ordered by the Court for the duration of the life of the injured workers. If the infections results in a fatality, then the employer may be responsible for dependency benefits payable to to surviving dependents.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Zadroga 9-11 Compensation Fund Opens for Business

Today, The James Zadroga 9-11 Health Compensation Fund is open for business. Civic leaders will gather to celebrate with a ribbon-cutting at the Mt. Sinai Medical Center in New York City. The Zadroga Fund reopens the 9-11 Victims Compensation Fund and will provide billions of dollars in funding for the benefit of victims and first-responders who were injured as a result of the September 11, 2001 terrorist attacks.

US Congress Members Maloney and Nadler will be joined byU.S. Department of Health and Human Services Secretary Kathleen Sebelius, Mayor Bloomberg, Police Commissioner Kelly, clinic physicians and responders and survivors at the ceremony. The program will take place at Mount Sinai Medical Center, Annenberg Building 1190 Fifth Avenue, 1st floor, Stern Auditorium, Manhattan.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Thursday, June 30, 2011

Federal Government Launches New Workplace Health Program

The Federal Government has launched a new program to provide for better delivery of medical care in the workplace. As occupational medical conditions become increasingly more difficult to diagnose and treat under workers' compensation systems, this initiative is a bold effort to provide a solution.

The U.S. Department of Health and Human Services announced today the availability of $10 million to establish and evaluate comprehensive workplace health promotion programs across the nation to improve the health of American workers and their families. The initiative, with funds from the Affordable Care Act’s Prevention and Public Health Fund, is aimed at improving workplace environments so that they support healthy lifestyles and reduce risk factors for chronic diseases like heart disease, cancer, stroke, and diabetes.

“Spiraling health care costs and declines in worker productivity due to poor health are eroding the bottom line of American businesses,” said HHS Secretary Kathleen Sebelius. “This new initiative will help companies of all sizes implement strategies to improve employee health and contain health costs driven largely by chronic diseases.”

Funds will be awarded through a competitive contract to an organization with the expertise and capacity to work with groups of employers across the nation to develop and expand workplace health programs in small and large worksites. Participating companies will educate employees about good health practices and establish work environments that promote physical activity and proper nutrition and discourage tobacco use—the key lifestyle behaviors that reduce employees’ risk for chronic disease.

“This is an exciting opportunity to help employers deliver effective workplace health programs on a national scale,” said Dr. Thomas Frieden, director of HHS’ Centers for Disease Control and Prevention, which oversees the initiative. “The promise of this strategy is a win-win: workers will be healthier and more productive, and companies will be more profitable.

Project funds will support evidence-based initiatives to build worksite capacity and improve workplace culture in support of health. Examples of such strategies include establishing tobacco-free campus policies, promoting flextime to allow employees to be more physically active, and offering more healthy food choices in worksite cafeterias and vending machines. A core principle of the initiative is to maximize employee engagement in designing and implementing the programs so they have the greatest chances of success.

The Obama Administration recognizes the importance of a broad approach to addressing the health and well-being of our communities, and June is Prevention & Wellness Month. Other initiatives put forth by the Obama Administration to promote prevention include the President’s Childhood Obesity Task Force and the First Lady’s Let’s Move! initiative aimed at combating childhood obesity, as well as the National Prevention Council, which is charged with designing and implementing a National Prevention and Health Promotion Strategy.

Organizations interested in submitting proposals for the Comprehensive Health Programs to Address Physical Activity, Nutrition, and Tobacco Use in the Workplace can find more information at www.fbo.gov. The application deadline is August 8, 2011. A separate funding opportunity is available for a national evaluation of the initiative and can also be found at www.fbo.gov .

Wednesday, June 29, 2011

Pulmonary Embolism Due to Sedentary Work Held Compensable

Workers' Compensation benefits were awarded for a pulmonary embolism causally related to sedentary work activity. A NJ Appellate Court awarded benefits for the development of a pulmonary embolism precipitated by the inactivity of sitting long hours at a desk job.

This is the second time that the Appellate Division review this matter. Previously it denied benefits for an "occupational exposure" type heart condition. This time the Court declared thst the pulmonary embolism as an ordinary cardiovascular incident triggered by a significant event, that being inactivity.

The reasoned, "The workers' compensation judge followed our instructions on remand and applied Section 7.2 which states that:

"In any claim for compensation for injury or death from a cardiovascular or cerebral vascular causes, the claimant shall prove by a preponderance of the credible evidence that the injury or death was produced by the work effort or strain involving a substantial condition, event or happening in excess of the wear and tear of the claimant's daily living and in reasonable medical probability caused in a material degree the cardiovascular or cerebral vascular injury or death resulting therefrom.
Material degree means an appreciable degree or a degree substantially greater than de minimus.
Thus, the question is whether Cathleen's lack of movement at work was more severe than her lack of movement in her daily living, and whether the inactivity at work caused her pulmonary embolism in a material way."

Renner v AT&T, A-2393-10T3, 2011 WL 2518781 (N.J.Super.A.D.) Decided June 28, 2011

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

New Rules to Govern Federal Employees Compensation Act

The US Labor Department has announced new rules updating procedures for Federal Workers’ Compensation Act claims. These rules mark the first major regulation updates since 1999.

The U.S. Department of Labor's Office of Workers' Compensation Programs today published a final rule that revises and modernizes the procedures used in administering claims under the Federal Employees' Compensation Act. They were published in the June 28 Federal Register. The Rules modernize procedures to increase fairness and efficiency, updates the regulations to account for recent statutory changes and incorporates advances in technology that preserve administrative resources.

"This is the first substantial change to the FECA regulations since 1999," said OWCP acting Director Gary Steinberg. "The new regulations take advantage of technological and other changes that will improve the fairness and efficiency of the claims process."The rule also clarifies a number of current practices. Updates include acknowledging reorganization within the department and incorporating statutory changes, such as the new FECA death gratuity benefit. Changes also have been made to existing policies to improve the benefit program and lessen burdens on claimants. Additionally, the rule adds the skin as a covered organ retroactive to Sept. 11, 2001, under the act's schedule award provision, providing up to 205 weeks of compensation for burns, cancers and other medical conditions that impair the skin's function. The administrative and procedural changes include requiring employing agencies to file claims electronically by the end of 2012 and allowing for the use of video and teleconferences in hearings, as well as changes to the medical approval and procurement procedures.

The final rule can be viewed here.http://www.dol.gov/owcp/dfec/regs/compliance/FECAFinalRule-pub6-28-2011.pdf

The Office of Workers' Compensation Programs administers several disability benefit programs that cover federal workers, nuclear weapons workers, coal miners, longshore and harbor workers, and civilian contractors of the federal government who work overseas. These programs provide a variety of medical benefits, as well as wage replacement, vocational rehabilitation and other services. Benefits also may be paid to eligible dependents or survivors. For more information, visit http://www.dol.gov/owcp/.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Monday, June 27, 2011

Tonight on HBO: Hot Coffee - How The Industry Suppresses Litigation

The acclaimed documentary, "Hot Coffee," premieres tonight on HBO. The film reveals what really happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s, while exploring how and why the case garnered so much media attention, who funded the effort and to what end.

The film reveals what tactics are used by Industry to suppress litigation. After seeing this film, you will decide who really profited from spilling hot coffee.

Penalties, Paper and The Injured Worker (workers-compensation.blogspot.com)
US Supreme Court Advances the Rights of Injured (workers-compensation.blogspot.com)
Federal Court Enjoins CMS From MSP Recovery Procedures (workers-compensation.blogspot.com)
Safer Chemical Industry WIll Produce More Jobs (workers-compensation.blogspot.com)
Hot Coffee Premieres at Sundance (hotcoffeethemovie.com)
Must See TV: Hot Coffee Premieres on HBO on Monday 6/27 (lawprofessors.typepad.com)

Friday, June 24, 2011

The Ugly Canadians

Today, Canada blocked the United Nations from banning asbestos. Reuters reported, "Chrysotile asbestos will not be listed as a hazardous industrial chemical that can be banned from import after countries including Canada and Ukraine blocked consensus."

An editorial in the Toronto Star called the action by Canada as hypocritical:

"The hypocrisy is staggering. The federal government has spent millions to clear its own buildings of this noxious material — including taking it out of 24 Sussex Drive to protect the Prime Minister and his family. Canadian companies, schools and homeowners have also removed asbestos from their structures. Yet we happily export it.The asbestos industry in Quebec has been dying for years and employs only about 300 people. There’s no future in these operations. The miners should be given help to find new jobs or a decent pension and the mines left to wither away. This toxic trade needs to end."

"Asbestos kills. The World Health Organization calls it “one of the most serious occupational carcinogens” and notes that it’s a factor in 90,000 deaths each year. But we keep selling more than $100 million of it each year to countries such as India and Indonesia, where it is used in the manufacture of cement and auto parts. We even market it with a Canadian flag logo, leaving the impression it is stamped with government approval."

***

"The asbestos industry in Quebec has been dying for years and employs only about 300 people. There’s no future in these operations. The miners should be given help to find new jobs or a decent pension and the mines left to wither away. This toxic trade needs to end."

As the Canadian Globe and Mail posted today, "We are the Ugly Canadians."

Canada Called A Pariah State

Canada's activities at the UN Rotterdam Convention to prevent the listing of chrysotile asbestos as a carcinogen has been internationally denounced. Despite the knowledge of the deadly effects of asbestos fiber, Canada continues to encourage the mining of the asbestos for its pecuniary gain in Quebec.

Thursday, June 23, 2011

OSHA Proposes New Reporting Rules for Amputations and Fatalities

OSHA's new proposed rule require employers to report to OSHA, within eight hours, all work-related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations. The current regulation requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees.

Additionally, OSHA is proposing to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation. Appendix A contains a list of industries that are partially exempt from maintaining records of occupational injuries and illnesses, generally due to their relatively low rates of occupational injury and illness. The current list of industries is based on the Standard Industrial Classification (SIC) system. In 1997, the North American Industry Classification System (NAICS) was introduced to classify establishments by industry. The proposed rule would update Appendix A by replacing it with a list of industries based on NAICS and more recent injury and illness data.

The Rule: http://tinyurl.com/649rtz4

Accidents Caused by Fatiguing Employment Require a Remedy

Employees sometimes are directed to work long and stressful hours and then if they become injured they are left without a remedy. A Court recently held that even though an employee who was killed as a result of fatigue related accident while driving home after working 22 hours straight on "Black Friday" for Wal-Mart was without a remedy.

The Court reasoned that the law barred any recovery. The Workers' Compensation Act is not an available remedy the Court held since the injured occurred off the premises of the employer and not under the employers control. Also a civil action was barred by the deceased's estate against Wal-Mart since the Court reasoned that, "...The imposition of a duty upon an employer for injuries sustained by an employee, arguably arising out of the fatiguing conditions of employment, yet occurring outside of the course of employment would alter the necessary balance struck by the New Jersey legislature when defining the scope of compensable injuries."

Despite the changing economic times, the laws should keep pace with the growing momentum of making the workplace safer. Regressive employment practices are not the solution for a healthier workplace. It is more important than ever that the Legislature revisit working conditions and strike a balance to provide a regulatory response to injuries and accident caused by such adverse situations.

See: Aylward v Wal-Mart Stores Inc., CA No. 10-4799, 2011 WL 2357762 (D.N.J.) Decided June 9, 2011

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Copyright

Thursday, July 7, 2011

Related articles

Wednesday, July 6, 2011

Related articles

Tuesday, July 5, 2011

Related articles

Related articles

Monday, July 4, 2011

Sunday, July 3, 2011

Related articles

Saturday, July 2, 2011

Related articles

Friday, July 1, 2011

Related articles

Thursday, June 30, 2011

Related articles

Wednesday, June 29, 2011

Related articles

Related articles

Monday, June 27, 2011

Related articles

Friday, June 24, 2011

Related articles

Thursday, June 23, 2011

Related articles