WASHINGTON, D.C. – By a vote of 260 to 154, the U.S. House of Representatives today approved legislation intended to prevent workers in food processing plants from getting a debilitating, irreversible lung disease that has already sickened and killed a number of workers nationwide.
The legislation would force the U.S. Occupational Safety and Health Administration to issue rules limiting workers' exposure to diacetyl, a chemical used in artificial food flavoring for microwave popcorn and other foods. Scientists have linked diacetyl exposure to bronchiolitis obliterans, a severe lung disease often known as "popcorn lung." Despite mounting evidence over several years of the dangers of popcorn lung, OSHA has failed to take action to limit diacetyl exposure, prompting the need for the legislation approved by the House today.
"Seven years after the first cases of popcorn lung were identified, it is stunning that OSHA has failed to protect American workers from this horrible disease," said Rep. George Miller (D-CA), chairman of the committee. "The cost of the Bush administration's failure to act can be measured in the number of workers who have avoidably grown ill or died. This legislation is critical to stop the delays in protecting workers from this serious workplace hazard."
"It's a travesty that OSHA has done nothing to regulate this chemical, while workers have fallen seriously ill and some have actually died," said Rep. Lynn Woolsey (D-CA), chairwoman of the Subcommittee on Workforce Protections and chief sponsor of the legislation. "That's why it's time for Congress to act to keep workers healthy and safe. Passing this important legislation is a step in the right direction."
Thousands of workers are still being exposed to diacetyl at factories that make or use food flavorings.
The legislation, the Popcorn Workers Lung Disease Prevention Act (H.R. 2693), would:
Mandate that OSHA issue a standard within 90 days to minimize workers' exposure to diacetyl in popcorn and flavorings manufacturing plants. Employers would be required to develop a written exposure control plan that would use engineering controls and respirators to protect workers, and to conduct medical monitoring to determine whether workers' health continued to be harmed.
Mandate that OSHA issue a more comprehensive standard within two years, covering all workplaces where workers may be exposed to diacetyl.
House Democrats urged the Labor Department to address this serious health hazard in August 2006. For more information and for a copy of the August 2006 letter from House Democrats to the Department of Labor, click here.
The Education and Labor Committee held a hearing on OSHA's failure to issue standards, including one for diacetyl, in April 2007. For more information, click here.
Thursday, September 27, 2007
Monday, September 24, 2007
OH Action: Voters Empowered To Overturn SB 117
OH Action: Voters Empowered To Overturn SB 117
Add another chapter to the story of a contentious lead paint/consumer protection law that has already prompted a legal battle between the legislature and Gov. Ted Strickland over a post-session veto that was later invalidated by the Ohio Supreme Court.
A coalition of consumer advocates kicked off a referendum campaign on Friday by delivering an initial petition filing of about 1,800 signatures to the Secretary of State's Office.
The coalition decided to take advantage of the Supreme Court's decision that allowed for a 60-day window for opponents to collect signatures to challenge the law through the referendum process. (See Gongwer Ohio Report, August 31, 2007)
Committee co-chair Laura McDowall, an Akron consumer attorney, said a referendum would finally offer Ohioans the chance to weigh in on the legislation.
"The law was passed during a lame duck session with absolutely no opportunity for public input," she said. "This referendum campaign is our attempt, the citizens' attempt to allow the people to express what they think about this law."
\n\u003cp\>Gathering the necessary 241,366 valid signatures in the truncated 60-day time frame would be an "incredibly tall order," she allowed. While the Supreme Court technically allowed the standard 90-days, justices started the clock on Aug. 1, the day the court overturned Gov. Strickland's veto of the measure that former Gov. Bob Taft wanted to become law without his signature. We are doing our best to get this done within the timeframe allowed by the Ohio Supreme Court," Ms. McDowall said. "We believe we should have been entitled to the full amount of time that the constitution provides, but we are going to do everything in our power to meet the deadline." The statute (SB117, 126th General Assembly) was intended to block municipalities from filing public nuisance lawsuits against manufacturers to pay for removal of hazardous lead paint from older residential buildings. It also limits damages amounts that juries may award under the Consumer Sales Practices Act," Ms. McDowall said. "The limits on consumer protection damages will basically give dishonest businesses a green light to cheat all they want."The Secretary of State's Office will verify the initial filing contains at least 1,000 valid signatures. The Attorney General's Office is charged with certifying whether the summary of the law is accurate. If the group then successfully collects the required 6% of the total vote cast during the last gubernatorial election, the issue will be placed on the November 2008 ballot. \n\u003c/p\>\n\u003cp\>Meanwhile, the law is still in effect until the coalition files the second round of petitions, according to the Secretary of State's Office.
Consumer Advocates to Pursue Referendum on Lead Paint href\u003d\http://www.yourohiorights.org/\
Gathering the necessary 241,366 valid signatures in the truncated 60-day time frame would be an "incredibly tall order," she allowed. While the Supreme Court technically allowed the standard 90-days, justices started the clock on Aug. 1, the day the court overturned Gov. Strickland's veto of the measure that former Gov. Bob Taft wanted to become law without his signature. (See Gongwer Ohio Report, August 1, 2007)
"We are doing our best to get this done within the timeframe allowed by the Ohio Supreme Court," Ms. McDowall said. "We believe we should have been entitled to the full amount of time that the constitution provides, but we are going to do everything in our power to meet the deadline."
The statute (SB117, 126th General Assembly) was intended to block municipalities from filing public nuisance lawsuits against manufacturers to pay for removal of hazardous lead paint from older residential buildings. It also limits damages amounts that juries may award under the Consumer Sales Practices Act.
"It is a terrible law," Ms. McDowall said. "The limits on consumer protection damages will basically give dishonest businesses a green light to cheat all they want."
The Secretary of State's Office will verify the initial filing contains at least 1,000 valid signatures. The Attorney General's Office is charged with certifying whether the summary of the law is accurate. If the group then successfully collects the required 6% of the total vote cast during the last gubernatorial election, the issue will be placed on the November 2008 ballot.
Meanwhile, the law is still in effect until the coalition files the second round of petitions, according to the Secretary of State's Office.
Consumer Advocates to Pursue Referendum on Lead Paint Bill
http://www.yourohiorights.org/
Why This Is A Bad Law
http://www.yourohiorights.org/why-bad.html
Take Action! Circulate A Petition!
http://www.yourohiorights.org/what-to-do.html
Contribute
http://www.yourohiorights.org/contribute.html
This web site is sponsored byPaid for by Voters Empowered To Overturn SB 117, Mark McGinnis, Treasurer, 550 East Walnut Street, Columbus, Ohio 43215
Add another chapter to the story of a contentious lead paint/consumer protection law that has already prompted a legal battle between the legislature and Gov. Ted Strickland over a post-session veto that was later invalidated by the Ohio Supreme Court.
A coalition of consumer advocates kicked off a referendum campaign on Friday by delivering an initial petition filing of about 1,800 signatures to the Secretary of State's Office.
The coalition decided to take advantage of the Supreme Court's decision that allowed for a 60-day window for opponents to collect signatures to challenge the law through the referendum process. (See Gongwer Ohio Report, August 31, 2007)
Committee co-chair Laura McDowall, an Akron consumer attorney, said a referendum would finally offer Ohioans the chance to weigh in on the legislation.
"The law was passed during a lame duck session with absolutely no opportunity for public input," she said. "This referendum campaign is our attempt, the citizens' attempt to allow the people to express what they think about this law."
\n\u003cp\>Gathering the necessary 241,366 valid signatures in the truncated 60-day time frame would be an "incredibly tall order," she allowed. While the Supreme Court technically allowed the standard 90-days, justices started the clock on Aug. 1, the day the court overturned Gov. Strickland's veto of the measure that former Gov. Bob Taft wanted to become law without his signature. We are doing our best to get this done within the timeframe allowed by the Ohio Supreme Court," Ms. McDowall said. "We believe we should have been entitled to the full amount of time that the constitution provides, but we are going to do everything in our power to meet the deadline." The statute (SB117, 126th General Assembly) was intended to block municipalities from filing public nuisance lawsuits against manufacturers to pay for removal of hazardous lead paint from older residential buildings. It also limits damages amounts that juries may award under the Consumer Sales Practices Act," Ms. McDowall said. "The limits on consumer protection damages will basically give dishonest businesses a green light to cheat all they want."The Secretary of State's Office will verify the initial filing contains at least 1,000 valid signatures. The Attorney General's Office is charged with certifying whether the summary of the law is accurate. If the group then successfully collects the required 6% of the total vote cast during the last gubernatorial election, the issue will be placed on the November 2008 ballot. \n\u003c/p\>\n\u003cp\>Meanwhile, the law is still in effect until the coalition files the second round of petitions, according to the Secretary of State's Office.
Consumer Advocates to Pursue Referendum on Lead Paint href\u003d\http://www.yourohiorights.org/\
Gathering the necessary 241,366 valid signatures in the truncated 60-day time frame would be an "incredibly tall order," she allowed. While the Supreme Court technically allowed the standard 90-days, justices started the clock on Aug. 1, the day the court overturned Gov. Strickland's veto of the measure that former Gov. Bob Taft wanted to become law without his signature. (See Gongwer Ohio Report, August 1, 2007)
"We are doing our best to get this done within the timeframe allowed by the Ohio Supreme Court," Ms. McDowall said. "We believe we should have been entitled to the full amount of time that the constitution provides, but we are going to do everything in our power to meet the deadline."
The statute (SB117, 126th General Assembly) was intended to block municipalities from filing public nuisance lawsuits against manufacturers to pay for removal of hazardous lead paint from older residential buildings. It also limits damages amounts that juries may award under the Consumer Sales Practices Act.
"It is a terrible law," Ms. McDowall said. "The limits on consumer protection damages will basically give dishonest businesses a green light to cheat all they want."
The Secretary of State's Office will verify the initial filing contains at least 1,000 valid signatures. The Attorney General's Office is charged with certifying whether the summary of the law is accurate. If the group then successfully collects the required 6% of the total vote cast during the last gubernatorial election, the issue will be placed on the November 2008 ballot.
Meanwhile, the law is still in effect until the coalition files the second round of petitions, according to the Secretary of State's Office.
Consumer Advocates to Pursue Referendum on Lead Paint Bill
http://www.yourohiorights.org/
Why This Is A Bad Law
http://www.yourohiorights.org/why-bad.html
Take Action! Circulate A Petition!
http://www.yourohiorights.org/what-to-do.html
Contribute
http://www.yourohiorights.org/contribute.html
This web site is sponsored byPaid for by Voters Empowered To Overturn SB 117, Mark McGinnis, Treasurer, 550 East Walnut Street, Columbus, Ohio 43215
Saturday, September 1, 2007
Labor Day: Miller Launches Map of Workplace Fatalities
This Labor Day, Let's Redouble Effort to Improve Worker Safety, Says Chairman Miller Miller also launches interactive map of workplace fatalities
WASHINGTON, D.C. - To honor America's workers this Labor Day, the country should commit to stopping the preventable toll of workplace deaths, injuries, and illnesses that affects workers across industries and occupations each year, said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. To highlight the dangers that many American workers face on the job, Miller today launched a new interactive online map
(http://edlabor.house.gov/issues/workerdeaths.shtml) that enables people to learn about many of the workplace fatalities that have occurred in their own communities this year.
"Each year, thousands of American workers die on the job. Sixteen workers are killed in workplace accidents each day. Ten times that many die of occupational diseases caused b y hazardous substances like asbestos. And every 2.5 seconds, a worker is injured in the United States," said Miller. "This grim toll includes construction workers, public safety workers, and workers at chemical facilities and oil refineries. It includes people who spend most of their time working outdoors, as well as people who work inside office buildings, manufacturing plants, and stores. It in cludes young and old workers. There are simply too many American workers, from all walks of life, who get injured, sick, or killed on the job. On this Labor Day, we should commit ourselves to doing everything we can to improve safety in the workplace."
On August 9, the U.S. Labor Department reported that 5,703 workers died in workplace accidents in 2006. Today, Miller launched an online map of worker fatalities that he hoped would remind Americans of the urgent need for increased efforts to eliminate unsafe conditions on the job. The map relies on published news reports in 2007 to show worker fatalities
nationwide, and it includes information about the workers' occupations and causes of death. The map represents roughly 10 percent of the total number of on-the-job fatalities so far this year.
"The tragedy at Utah's Crandall Canyon Mine reminds us of the dangers that too many workers face every day. It is my hope that the launch of this map will help policymakers and the public understand the extent of workplace fatalities in this country and the importance of acting aggressively to improve workplace safety," said Miller.
Earlier this year, U.S. Rep. Lynn Woolsey (D-CA), chairwoman of the House Subcommittee on Workforce Protections, and U.S. Rep. Phil Hare (D-IL), a member of the subcommittee, introduced legislation to reduce workplace fatalities, injuries, and sicknesses. The Protecting America's Work ers Act (H.R. 2049) would boost workplace safety by strengthening and expanding the Occupational Safety and Health Act. Specifically, the legislation would:
Apply federal safety standards to workers who are not currently covered, including federal, state, and local employees, and some private sector employees;
Increase penalties against employers for repeated and willful violations of the law, including making felony charges available when an employer's repeated and willful violation of the law leads to a worker's de ath or serious injury;
Better protect workers who blow the whistle on unsafe workplace conditions;
Enhance the public's right to know about safety violations; and
Make clear that employers must provide the necessary safety equipment to their workers, such as goggles, gloves, respirators, or other personal protective equipment.
Miller also said that the Bush administration must do more to vigorously enforce workplace safety laws.
"In hearings held earlier this year, witnesses told the committee that both the U.S. Occupational Safety and Health Administration and the U.S. Mine Safety and Health Administration are not doing enough to update basic workplace safety standards and that the agencies have shifted their focus from enforcing the law to providing companies with so-called voluntary compliance assistance," said Miller. "It is well past time that the Bush workplace safety agencies stop fiddling while workers die. They must aggressively enforce the laws they swore to uphold. We must do more to defend the right of all workers to a safe workplace."
To visit the map, click here.: http://edlabor.house.gov/issues/workerdeaths.shtml
For more information about the Protecting America's Workers Act, click here.
http://www.house.gov/apps/list/speech/edlabor_dem/rel042607.html
For more information about worker safety issues, click here.
http://edlabor.house.gov/issues/workersafety.shtml
..................................
Jon L. Gelman, Attorney at Law
1450 Valley Road, 1st Floor
PO Box 934Wayne NJ 07474-0934
973 696-7900 tel - 973 696-7988 fax
www.gelmans.com
WASHINGTON, D.C. - To honor America's workers this Labor Day, the country should commit to stopping the preventable toll of workplace deaths, injuries, and illnesses that affects workers across industries and occupations each year, said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. To highlight the dangers that many American workers face on the job, Miller today launched a new interactive online map
(http://edlabor.house.gov/issues/workerdeaths.shtml) that enables people to learn about many of the workplace fatalities that have occurred in their own communities this year.
"Each year, thousands of American workers die on the job. Sixteen workers are killed in workplace accidents each day. Ten times that many die of occupational diseases caused b y hazardous substances like asbestos. And every 2.5 seconds, a worker is injured in the United States," said Miller. "This grim toll includes construction workers, public safety workers, and workers at chemical facilities and oil refineries. It includes people who spend most of their time working outdoors, as well as people who work inside office buildings, manufacturing plants, and stores. It in cludes young and old workers. There are simply too many American workers, from all walks of life, who get injured, sick, or killed on the job. On this Labor Day, we should commit ourselves to doing everything we can to improve safety in the workplace."
On August 9, the U.S. Labor Department reported that 5,703 workers died in workplace accidents in 2006. Today, Miller launched an online map of worker fatalities that he hoped would remind Americans of the urgent need for increased efforts to eliminate unsafe conditions on the job. The map relies on published news reports in 2007 to show worker fatalities
nationwide, and it includes information about the workers' occupations and causes of death. The map represents roughly 10 percent of the total number of on-the-job fatalities so far this year.
"The tragedy at Utah's Crandall Canyon Mine reminds us of the dangers that too many workers face every day. It is my hope that the launch of this map will help policymakers and the public understand the extent of workplace fatalities in this country and the importance of acting aggressively to improve workplace safety," said Miller.
Earlier this year, U.S. Rep. Lynn Woolsey (D-CA), chairwoman of the House Subcommittee on Workforce Protections, and U.S. Rep. Phil Hare (D-IL), a member of the subcommittee, introduced legislation to reduce workplace fatalities, injuries, and sicknesses. The Protecting America's Work ers Act (H.R. 2049) would boost workplace safety by strengthening and expanding the Occupational Safety and Health Act. Specifically, the legislation would:
Apply federal safety standards to workers who are not currently covered, including federal, state, and local employees, and some private sector employees;
Increase penalties against employers for repeated and willful violations of the law, including making felony charges available when an employer's repeated and willful violation of the law leads to a worker's de ath or serious injury;
Better protect workers who blow the whistle on unsafe workplace conditions;
Enhance the public's right to know about safety violations; and
Make clear that employers must provide the necessary safety equipment to their workers, such as goggles, gloves, respirators, or other personal protective equipment.
Miller also said that the Bush administration must do more to vigorously enforce workplace safety laws.
"In hearings held earlier this year, witnesses told the committee that both the U.S. Occupational Safety and Health Administration and the U.S. Mine Safety and Health Administration are not doing enough to update basic workplace safety standards and that the agencies have shifted their focus from enforcing the law to providing companies with so-called voluntary compliance assistance," said Miller. "It is well past time that the Bush workplace safety agencies stop fiddling while workers die. They must aggressively enforce the laws they swore to uphold. We must do more to defend the right of all workers to a safe workplace."
To visit the map, click here.: http://edlabor.house.gov/issues/workerdeaths.shtml
For more information about the Protecting America's Workers Act, click here.
http://www.house.gov/apps/list/speech/edlabor_dem/rel042607.html
For more information about worker safety issues, click here.
http://edlabor.house.gov/issues/workersafety.shtml
..................................
Jon L. Gelman, Attorney at Law
1450 Valley Road, 1st Floor
PO Box 934Wayne NJ 07474-0934
973 696-7900 tel - 973 696-7988 fax
www.gelmans.com
Thursday, August 30, 2007
MD Fed Court Holds a Fighfighter HAS STANDING to bring a private action under the MSP Act
Firefighter brought action against mayor and city council pursuant to private enforcement provision of Medicare Secondary Payer (MSP) statute, alleging that his exposure to asbestos while working caused his pleural malignant mesothelioma. City moved to dismiss.
"...private citizens may collect double damages by bringing claims against primary payers to recover money owed. Id. § 1395y(b)(3)(A). It is under this latter provision that O'Connor asserts the instant suit."
Motion to Dismiss DeniedO'Connor v. Mayor and City Council of Baltimore494 F.Supp.2d 372 D.Md.,2007.July 19, 2007
Jon Gelman
Wayne NJ
http://www.gelmans.com/
"...private citizens may collect double damages by bringing claims against primary payers to recover money owed. Id. § 1395y(b)(3)(A). It is under this latter provision that O'Connor asserts the instant suit."
Motion to Dismiss DeniedO'Connor v. Mayor and City Council of Baltimore494 F.Supp.2d 372 D.Md.,2007.July 19, 2007
Jon Gelman
Wayne NJ
http://www.gelmans.com/
Thursday, August 23, 2007
Drop in California Spending Lowers U.S. Workers' Compensation Benefits and Costs
August 22, 2007
WASHINGTON, DC—U.S. workers’ compensation payments for medical care and cash benefits for workers disabled by workplace injuries or diseases declined in 2005, according to a study released today by the National Academy of Social Insurance (NASI).
The drop in payments in 2005 (the most recent year with data) reflects large declines in California payments, as reforms enacted in 2003 and 2004 took effect. Nationally, workers’ compensation payments for injured workers fell by 1.4 percent to $55.3 billion in 2005. The payments include $26.2 billion to providers of medical care and $29.1 billion in cash wage replacement benefits for injured workers. California payments fell by 12.2 percent; a change made up of a 16.0 percent decline in medical payments and an 8.6 percent decline in cash payments. “The reduced spending for benefits and medical care reflects the initial stages of cost containment measures that were put in place in 2003 and 2004 reforms to the California system,” according to NASI member Christine Baker, who directs the California Commission on Health and Safety and Workers’ Compensation, a nonpartisan labor-management group that advises state policymakers.
Because it is a large state – accounting for nearly 20 percent of national benefit payments in 2005 –California altered national trends. Outside California, total workers’ compensation payments rose by 1.7 percent, an increase driven by a 4.1 percent increase in payments to medical providers. Cash payments to injured workers outside California showed a small decline (0.3 percent).
The costs to employers for workers’ compensation are what they pay each year. For employers who buy insurance, costs are premiums they pay to insurance companies plus benefits they pay under deductible arrangements in their insurance policies. For employers who insure their own workers, costs are the benefits they pay plus administrative costs. In 2005, employers paid a total of $88.8 billion nationwide for workers’ compensation. A sharp drop in California employers’ costs (of 9.8 percent) held down the national increase in employer costs to 2.3 percent. Outside California, employer costs for workers’ compensation rose by 6.5 percent.
The new report tracks trends since 1989 in workers’ compensation benefits and employer costs relative to total wages of workers covered by the program. Relative to wages, cash benefits in 2005 were the lowest in 17 years ($0.56 per $100 of wages). Nationally, total benefits (cash plus medical) and employer costs fell relative to wages in 2005. Cash and medical benefits combined were $1.06 per $100 of covered wages in 2005, a drop of $0.07 from 2004, while employer costs were $1.70 per $100 of wages in 2005, down $0.05 from 2004.
Outside California, benefits per $100 of wages fell by a smaller amount ($0.03) and employer costs per $100 of wages rose slightly (by $0.02). According to John F. Burton, Jr., chair of the panel that oversees the study, “The relative stability of benefits outside the Golden State reflects a rough balance between the declining frequency of workplace injuries and higher expenditures for medical benefits.”
The new report, Workers’ Compensation: Benefits, Coverage and Costs, 2005, is the tenth in a NASI series that provides the only comprehensive national data that covers all types of employers. The study provides estimates of workers’ compensation cash and medical payments for each state, the District of Colombia, and federal programs.
To download the full report, click here.
To download a PDF of this release, click here.
WASHINGTON, DC—U.S. workers’ compensation payments for medical care and cash benefits for workers disabled by workplace injuries or diseases declined in 2005, according to a study released today by the National Academy of Social Insurance (NASI).
The drop in payments in 2005 (the most recent year with data) reflects large declines in California payments, as reforms enacted in 2003 and 2004 took effect. Nationally, workers’ compensation payments for injured workers fell by 1.4 percent to $55.3 billion in 2005. The payments include $26.2 billion to providers of medical care and $29.1 billion in cash wage replacement benefits for injured workers. California payments fell by 12.2 percent; a change made up of a 16.0 percent decline in medical payments and an 8.6 percent decline in cash payments. “The reduced spending for benefits and medical care reflects the initial stages of cost containment measures that were put in place in 2003 and 2004 reforms to the California system,” according to NASI member Christine Baker, who directs the California Commission on Health and Safety and Workers’ Compensation, a nonpartisan labor-management group that advises state policymakers.
Because it is a large state – accounting for nearly 20 percent of national benefit payments in 2005 –California altered national trends. Outside California, total workers’ compensation payments rose by 1.7 percent, an increase driven by a 4.1 percent increase in payments to medical providers. Cash payments to injured workers outside California showed a small decline (0.3 percent).
The costs to employers for workers’ compensation are what they pay each year. For employers who buy insurance, costs are premiums they pay to insurance companies plus benefits they pay under deductible arrangements in their insurance policies. For employers who insure their own workers, costs are the benefits they pay plus administrative costs. In 2005, employers paid a total of $88.8 billion nationwide for workers’ compensation. A sharp drop in California employers’ costs (of 9.8 percent) held down the national increase in employer costs to 2.3 percent. Outside California, employer costs for workers’ compensation rose by 6.5 percent.
The new report tracks trends since 1989 in workers’ compensation benefits and employer costs relative to total wages of workers covered by the program. Relative to wages, cash benefits in 2005 were the lowest in 17 years ($0.56 per $100 of wages). Nationally, total benefits (cash plus medical) and employer costs fell relative to wages in 2005. Cash and medical benefits combined were $1.06 per $100 of covered wages in 2005, a drop of $0.07 from 2004, while employer costs were $1.70 per $100 of wages in 2005, down $0.05 from 2004.
Outside California, benefits per $100 of wages fell by a smaller amount ($0.03) and employer costs per $100 of wages rose slightly (by $0.02). According to John F. Burton, Jr., chair of the panel that oversees the study, “The relative stability of benefits outside the Golden State reflects a rough balance between the declining frequency of workplace injuries and higher expenditures for medical benefits.”
The new report, Workers’ Compensation: Benefits, Coverage and Costs, 2005, is the tenth in a NASI series that provides the only comprehensive national data that covers all types of employers. The study provides estimates of workers’ compensation cash and medical payments for each state, the District of Colombia, and federal programs.
To download the full report, click here.
To download a PDF of this release, click here.
Friday, August 17, 2007
U.S. Department of Labor's OSHA proposes $2.78 million fine against Cintas Corp. following Tulsa, Okla., employee death in industrial dryer
U.S. Department of Labor's OSHA proposes $2.78 million fine against Cintas Corp. following Tulsa, Okla., employee death in industrial dryer Alabama, Arkansas, Ohio and Washington facilities also inspected
U.S. Department of Labor press releaseAugust 17, 2007
http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=NEWS_RELEASES&p_toc_level=1&p_keyvalue=200708&p_status=CURRENT
WASHINGTON – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today proposed $2.78 million in penalties against Ohio-based Cintas Corp. following an inspection into the March 2007 employee death at the Cintas laundry facility in Tulsa, Okla. The employee was killed when he fell into an operating industrial dryer while clearing a jam of wet laundry on a conveyor that carries the laundry from the washer into the dryer.
Cintas is the largest uniform supplier in North America, with more than 400 facilities employing more than 34,000 people. The facility in Tulsa has 160 employees.
"Plant management at the Cintas Tulsa laundry facility ignored safety and health rules that could have prevented the death of this employee," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr.
Forty-two willful, instance-by-instance citations allege violations of the OSHA lockout/tagout standard for the failures to shut down and to lock out power to the equipment before clearing jams, and to train four employees responsible to clear jams that lockout/tagout applies and how to perform the operations. One repeat citation alleges the failure to protect employees from being struck or pinned by the conveyor. Three serious citations allege the failures to protect employees from falls, to have a qualified person inspect the lockout/tagout procedures and to certify the procedures as required.
In a separate case, OSHA today issued five repeat and two serious citations with penalties totaling $117,500 for violations of the lockout/tagout and machine guarding standards found at the Cintas Columbus, Ohio, facility. OSHA also has opened investigations in Arkansas and Alabama. Washington, an OSHA State Plan state, has issued four citations with proposed fines totaling $13,650, alleging violations for similar hazards at the Yakima Cintas facility.
A willful violation is one committed with intentional disregard of the requirements of the Occupational Safety and Health Act or plain indifference to employee safety or health. A serious violation is one that could cause death or serious physical harm to employees, and the employer knew or should have known of the hazard.
Cintas has 15 working days from receipt of the citations to contest the citations and the proposed penalties before the independent Occupational Safety and Health Review Commission.
U.S. Department of Labor press releaseAugust 17, 2007
http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=NEWS_RELEASES&p_toc_level=1&p_keyvalue=200708&p_status=CURRENT
WASHINGTON – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today proposed $2.78 million in penalties against Ohio-based Cintas Corp. following an inspection into the March 2007 employee death at the Cintas laundry facility in Tulsa, Okla. The employee was killed when he fell into an operating industrial dryer while clearing a jam of wet laundry on a conveyor that carries the laundry from the washer into the dryer.
Cintas is the largest uniform supplier in North America, with more than 400 facilities employing more than 34,000 people. The facility in Tulsa has 160 employees.
"Plant management at the Cintas Tulsa laundry facility ignored safety and health rules that could have prevented the death of this employee," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr.
Forty-two willful, instance-by-instance citations allege violations of the OSHA lockout/tagout standard for the failures to shut down and to lock out power to the equipment before clearing jams, and to train four employees responsible to clear jams that lockout/tagout applies and how to perform the operations. One repeat citation alleges the failure to protect employees from being struck or pinned by the conveyor. Three serious citations allege the failures to protect employees from falls, to have a qualified person inspect the lockout/tagout procedures and to certify the procedures as required.
In a separate case, OSHA today issued five repeat and two serious citations with penalties totaling $117,500 for violations of the lockout/tagout and machine guarding standards found at the Cintas Columbus, Ohio, facility. OSHA also has opened investigations in Arkansas and Alabama. Washington, an OSHA State Plan state, has issued four citations with proposed fines totaling $13,650, alleging violations for similar hazards at the Yakima Cintas facility.
A willful violation is one committed with intentional disregard of the requirements of the Occupational Safety and Health Act or plain indifference to employee safety or health. A serious violation is one that could cause death or serious physical harm to employees, and the employer knew or should have known of the hazard.
Cintas has 15 working days from receipt of the citations to contest the citations and the proposed penalties before the independent Occupational Safety and Health Review Commission.
Saturday, August 11, 2007
NJ Permits Intentional Tort Claim Against Former Employer- PVC Exposure
While denying class action certification for a medical monitoringclass and a punitive damage class, the NJ App Div permitted an INTENTIONAL TORT action against the employer to go forward in a common law civil claim.
This case involved exposure to poly vinyl chloride at a Pantasote, a Paterson NJ plant, causing disease to former workers which is characteristic of Raynaud's phenomenon ( fingers blanch and numbnessand discomfort are experienced upon exposure to the cold), changes inthe bones at the bones at the end of the fingers [Known asacro-osteolysis (AOL)], joint and muscle pain, and scleroderma-likeskin changes (thickening of the skin, deceased elasticity and slightedema).
Inhaled vinyl chloride has been shown to increase the risk of a rareform of liver cancer (angiosarcoma of the liver) in humans. It is classified by the Environmental Protection Agency (EPA) as a Group A, human carcinogen.
Plaintiffs represented by: Jon Gelman (NJ), Ron Simon (DC), Herschel Hobson (TX) and Mark Cuker (PA)
Decision- Buynie v. Airco Co, NJ App Div 2007, Decided August 10, 2007
See related articles:
Misleading Statements Made By Vinyl Chloride Companies Held Valid Basis for Suit
Workplace Poison
Vinyl Chloride Conspiracy Documents: Part 4 (Jun 1974 - Dec 1974)
Vinyl Chloride Plants in New Jersey
This case involved exposure to poly vinyl chloride at a Pantasote, a Paterson NJ plant, causing disease to former workers which is characteristic of Raynaud's phenomenon ( fingers blanch and numbnessand discomfort are experienced upon exposure to the cold), changes inthe bones at the bones at the end of the fingers [Known asacro-osteolysis (AOL)], joint and muscle pain, and scleroderma-likeskin changes (thickening of the skin, deceased elasticity and slightedema).
Inhaled vinyl chloride has been shown to increase the risk of a rareform of liver cancer (angiosarcoma of the liver) in humans. It is classified by the Environmental Protection Agency (EPA) as a Group A, human carcinogen.
Plaintiffs represented by: Jon Gelman (NJ), Ron Simon (DC), Herschel Hobson (TX) and Mark Cuker (PA)
Decision- Buynie v. Airco Co, NJ App Div 2007, Decided August 10, 2007
See related articles:
Misleading Statements Made By Vinyl Chloride Companies Held Valid Basis for Suit
Workplace Poison
Vinyl Chloride Conspiracy Documents: Part 4 (Jun 1974 - Dec 1974)
Vinyl Chloride Plants in New Jersey
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