Serious Safety Hazards Results in $49,600 in Fines for Paterson NJ Contractor

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Paterson-based R.E. General Contractor LLC for alleged repeat and serious violations of occupational safety standards found while workers replaced a roof on a commercial building at 500 Grand St. in Paterson. The general contractor faces a total of $49,600 in proposed fines following a December 2012 imminent danger inspection by OSHA's Hasbrouck Heights Area Office.

Two repeat violations, with a $46,800 penalty, were cited for exposing workers to fall hazards of

approximately 50 feet while workers engaged in roofing work without fall protection in place. Workers also used an extension ladder that did not extend at least 3 feet above the upper landing surface. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. OSHA cited similar violations in 2008, 2010 and 2011.

One serious violation, carrying a $2,800 fine, resulted from the failure to provide workers with hard hat protection while working near the forks of a material boom lift. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"OSHA will not tolerate this company's continuous disregard for adequate fall protection," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "Employers have a responsibility to ensure that workers exposed to fall hazards are provided with the proper fall protection equipment, are trained in its use and wear it whenever a fall hazard is present."

OSHA has created a Stop Falls Web page at http://www.osha.gov/stopfalls with detailed information in English and Spanish on fall protection standards. The page offers fact sheets, posters and videos that vividly illustrate various fall hazards and appropriate preventive measures.

R.E. General Contractor LLC has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Hasbrouck Heights, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Read more about OSHA and workers' compensation.

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NJ Workers Compensation Companies Pay More for Hospital Fees

NJ workers' compensation insurance companies pay more for hospital charges than group health plans, according to a recent study published by the WRCI. NJ workers' compensation statute mandates a closed panel system were the the company must authorize the medical provider.

"The average workers' compensation payment for shoulder surgery in New Jersey was $7,323. Group health plans paid only $4,583 on average, a difference of $2,740, or 37 percent less.

For knee surgery the workers' compensation insurers' cost was $5,547, 42 percent higher than amounts paid through group health plans, which included the co payments and deductibles paid by the patients."

Click here to read: "Study: NJ workers comp insurers pay higher fees to hospitals than group insurers" The Record

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OSHA settles with Nebraska-based ConAgra Foods to protect workers from anhydrous ammonia

ConAgra Foods, Inc. dba Lamb Weston, Inc. has signed a settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration to protect workers at five of its facilities from the release of anhydrous ammonia from refrigeration systems.

The agreement protects workers at Idaho, Arkansas, Missouri and Ohio facilities of the Nebraska-

based company. It requires ConAgra to implement controls to reduce hazards associated with release of ammonia from low pressures receivers.

"This agreement ensures that ConAgra will protect workers from releases of ammonia by enclosing older LPRs that were not already enclosed, and by providing other controls such as normal and emergency ventilation to prevent exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "OSHA's corporate-wide settlement agreements are highly effective tools for ensuring that companies take a systemic approach to addressing hazards that can injure or kill their workers."

OSHA's Process Safety Management standard requires employers to document that equipment that was designed to meet codes and standards no longer in general use is still safe to operate under OSHA standards. OSHA originally cited ConAgra for failing to determine whether these older LPRs were being operated safely.

Under the agreement, ConAgra will implement administrative and engineering controls at the covered LPRs to control hazards associated with the release of ammonia. This includes building enclosures around equipment that is not already enclosed. Each enclosure must include normal and emergency ventilation that meets specified requirements, automatic switches for both normal and emergency ventilation and ammonia detection alarms. Egress doors for the enclosures will be required to include panic hardware and to swing in the direction of egress.

The agreement is the result of an inspection conducted at the company's American Falls, Idaho, facility, initiated under OSHA's PSM Covered Chemical Facilities National Emphasis Program, established to reduce or eliminate the workplace hazards associated with the catastrophic release of highly hazardous chemicals.

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.

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The 12 Things You Must Do If You Are Hurt At Work

Today's post comes from guest author Paul J. McAndrew, Jr. from Paul McAndrew Law Firm.

Injured workers call me all the time asking me what they need to do to make sure they protect their legal rights.  If you are hurt on the job, whether it is due to an acute traumatic injury (like cutting yourself on a saw), cumulative-trauma injury (like carpal-tunnel syndrome) or some other job-related injury, there are several basic things you should do. If you do not do any of the things on the list below, you may lose your rights under workers’ compensation law. 

Although there may be rare exceptions to this list,  following it will leave you reasonably secure that your rights are protected:

1. Report the injury. By “injury,” I mean almost any condition including but not limited to (a) an acute traumatic injury, (b) a cumulative-trauma injury, or (c) a disease or a hearing loss. You should report the injury to your supervisor or company nurse (for clarity we’ll just call these people your Supervisor from here on out), making clear your injury was caused by work. Under Iowa law, you need to make the report within 90 days of the date of your injury.
2. Make sure your Supervisor prepares a company accident report.  If your Supervisor won’t prepare the report,

NJ Workers' Compensation Judge Looses Her Own Case

A NJ Workers' Compensation judge was denied benefits after sustaining injuries as a result of a motor vehicle accident while traveling from her home to a NJ workers' compensation district courthouse that she was supervising.  

The Appellate Court, affirming a trial court dismissal, ruled, that even though the judge was afforded mileage reimbursement. The Court stated that there was no proof that her commute to work was part of her actual work day. It also  reasoned that there was no "special hazards" incurred by the travel, nor was it considered a "special mission." Therefore, the denial of benefits was affirmed under the "coming and going" rule.

Audrey Kernan v. State of NJ, Docket A-4261-11T4 (Decided June 19, 2013)

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The single payer medical benefit system, a program that brings workers compensation into a universal care program, maybe the future for NY City employees. Anthony D. Weiner, a Democratic Candidate, is proposing the change.

"Vowing to “make New York City the single-payer laboratory in the country” if he is elected

mayor, Anthony D. Weiner on Thursday presented an ambitious plan to create a Medicare-like system for the coverage of municipal workers, retirees and uninsured immigrant residents left out of the Affordable Care Act."

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NJ Uninsured Fund Cracks Down on Uninsured Employers

It has been reported tat the NJ Uninsured Fund is vigorously seeking reimbursement for assessments and penalties from employers who do not have workers' compensation insurance. 

In a recent case, a former employer was required to reach a deal with the NJ Attorney

General's Office to repay $111,813.00. It was reported that the former employer had to mortgage his house for repayment in order to avoid a potential 18 month prison term and a $10,000 fine in addition to the assessment.

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Distracted Walkers Are a Workplace Hazard

Over the last 2 days I watched at least a half-a-dozen people walking in the streets with a cellphone in their hands, and totally ignoring all traffic signals and vehicles around them. We are too quick to blame workers for causing all accidents through the use of cellphones.  Pedestrians on many occasions ignore all reason and logic, and walk in front of vehicles oblivious to the world.

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A Lesson: The White House Seeks To Enlist LeBron James to Sell Obamacare

After last night's NBA title victory by the Miami Heat*, it has been reported that The Obama Administration is seeking to recruit LeBron James to sell Obamacare (The Affordable Care Act) 

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Perhaps that idea could be mirrored in the effort to defend traditional workers'  compensation programs as more beneficial systems than Opt-Out systems and the denial of benefits for professional athletes.

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Criminal Charges Urged Against Sedgwick

Injured Workers’ Advocates Seek Criminal Penalties for Death After Insurer’s “Callous Indifference, Reckless Disregard of Care”

"Why is it not criminal when workers’ compensation insurance companies kill patients through delaying and denying medical care?"

Several attorneys from the Central Coast Chapter of the California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, held a news conference today on the steps of the Ventura County District Attorney Gregg Totten’s (DA) office and called for the DA to file criminal charges against a claims adjuster for Sedgwick Claims Services, and against Sedgwick itself, for their callous  indifference to, and reckless disregard for, the health and welfare of Charles Romano, a Ralph’s Grocery Co. worker, which resulted in his death.

“Even after a judge determined Charles’ illness was a result of his work injury, the insurance carrier continued to refuse medical care. Charles soon died,” said Jill Singer, a Ventura workers’ compensation insurance attorney, and Central Coast CAAA Chapter President. “Why is it not criminal when workers’ compensation insurance companies kill patients through delaying and denying medical care?”

Sid Freeman was Charles Romano’s friend, and helped care for him during the final months of his life. “Charles and I were friends for over 27 years.  He was like a brother to me. Charles was only in his 40’s when he was injured on the job. He had surgery to repair his injuries and afterwards contracted a highly resistant staph infection that attacked his lungs, kidneys and paralyzed him,” said Freeman.  Sedgwick, the insurer, refused to pay for the necessary care for the infection. Ms. McDivitt, the claims adjustor, said the infection was unrelated to Charles’ work injury. This lack of needed care led to a horrific downward spiral in Charles’ health. Sedgwick drove Charles to want to die. He said, ‘I’m tired of having to fight for everything.’ Two weeks later, he died.”

Making The Path More Difficult for Asbestos Victims

The House Judiciary Committee has marked-up and passed legislation that will make it more difficult for asbestos victims to obtain benefits. Ironically these perennial legislative efforts make it more difficult  for those who served the US in various capacities, including military service.

The legislation, entitled, Furthering Asbestos Claim Transparency Act (FACT) of 2013, allows asbestos companies and their insurers to go on a fishing expedition, to make it more difficult to obtain even reduced benefit payments. 

The NY Times, in an Editorial, wrote, "The bill would also increase the burden on claimants to supply information. But it puts virtually no burdens on asbestos companies, like disclosing the settlements they have reached with plaintiffs or requiring them to reveal where their products were used and when, so that workers know which companies or trusts might be liable for their injuries."

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NIOSH Makes Ladder Safety Easier Through an App

The National Institute for Occupational Safety and Health (NIOSH) announces the availability of a new Ladder Safety smart phone application (app). This new app uses visual and audio signals to make it easier for workers using extension ladders to check the angle the ladder is positioned at, as well as access useful tips for using extension ladders safely. The app is available for free download for bothiPhone and Android devices.

Falls from ladders are a common source of preventable construction injuries. Misjudging the ladder angle is a significant risk factor for a fall. If the ladder is set too steep it is more likely to fall back or away during use, and if it is set too shallow then the bottom can slide out. 

“The ladder safety app is an innovative way to help keep workers safe and a tool to reduce these preventable injuries,” said NIOSH Director John Howard, M.D. “The development of this smart phone app also demonstrates how we are constantly working to make science-based practical information accessible to workers and employers in a way they need and can easily use.”

The app provides feedback to the user on positioning the extension ladder at the optimal angle. It also provides references and a safety guide for extension ladder selection, inspection, accessorizing, and use. It was developed with input from the ANSI A14 committee on Ladder Safety, the American Ladder Institute, and other stakeholders.

NIOSH collaborated with DSFederal on the final development and testing of the app before release. The app is based on a multimodal inclination indicator for ladder positioning that has been recently awarded a US patent. To learn more and download the Ladder Safety app visithttp://www.cdc.gov/niosh/topics/falls/ and to learn about the campaign to prevent falls in construction go to http://www.cdc.gov/niosh/construction/stopfalls.html. NIOSH is the federal agency that conducts research and makes recommendations for preventing work-related injuries, illnesses, and deaths. For more information about our work visithttp://www.cdc.gov/niosh/.

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