Copyright

(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Friday, August 16, 2013

Bangladesh Building Collapse Highlights Need for Safety Inspections

Today's post comes from guest author Kit Case from Causey Law Firm. 
Ed Note: Samsung has been sued in Brazil over factory working conditions

The total number of workers killed or injured in the collapse of a building in Savar, Bangladesh on April 24, 2013 is not yet known, as rescuers continue to search for survivors.  As of Sunday, April 28th, the count was at least 377 dead.  


Bangladeshi Workers Protest Deaths
Many of those killed were workers at clothing factories housed in the building, known as Rana Plaza, where fire broke out in the wreckage of the building, temporarily suspending rescue efforts as of April 24.  Efforts will restart with the aide of heavy equipment, which had previously been avoided in an effort to not injure those still buried in the rubble.  T

here no longer are assumed to be any victims remaining alive, although hundreds remain unaccounted for. The death toll surpassed a fire five months ago that killed 112 people and brought widespread pledges to improve worker-safety standards. But since then, very little has changed in Bangladesh.
Human Rights Watch reported on the building collapse, noting that it knows of no cases in which the Bangladeshi government has ever prosecuted a factory owner over the deaths of workers.
 USA Today reported on the tragedy with the news that Mohammed Sohel Rana, the fugitive owner of the illegally-constructed building, was apprehended by a commando force while trying to flee to India.  Rana was returned to Dhaka to face charges of negligence. Rana had been on the run since the building collapsed Wednesday. He last appeared in public Tuesday in front of the Rana Plaza after huge cracks appeared in the building. Witnesses said he assured tenants, including five garment factories, that the building was safe. Hours later, the Rana Plaza was reduced to rubble, crushing most victims under massive blocks of concrete.

Human Rights Watch reported on the building collapse, noting that it knows of no cases in which the Bangladeshi government has ever prosecuted a factory owner over the deaths of workers. Many factory owners in Bangladesh are parliamentarians or members of the main political parties. In an interview with a government minister in 2011, the minister told Human Rights Watch that it would be “impossible” to improve workers rights so long as factory owners were senior members of political parties. 

Liberty Mutual FIles Suit in NY To Stop Elimination of Reopener Fund

An effort spearheaded by Liberty Mutual to thwart Governor Cuomo's effort to eliminate the NY State Insurance Fund's elimination. The Cuomo Administration has asserted that the move to close the Fund is necessary to save money and consolidate resources to avert unnecessary workers' compensation insurance premium increases.

"Liberty Mutual Group subsidiaries have filed a suit challenging New York’s decision to close a state workers’ compensation fund dealing with settled claims that are later reopened.

"The suit alleges that the decision by the governor and legislature, included as a component of the state budget for the next two years, will cost insurers and self-insured employers up to $1.6 billion in unfunded liabilities.

"However, an industry official experienced in the workings of the state’s workers’ compensation fund questions the viability of the suit.


Click here to read the complete article, "Liberty Mutual Group Subsidiaries Challenge Closure of N.Y. Reopened Cases WC Fund"

Read more about "NY workers' compensation" and reform
Mar 11, 2008
With Governor Spitzer now embroiled in a major scandal that may end in his resignation as Governor of the State of New York, all eyes in the workers' compensation arena are now focused on his reform efforts. On February ...
Aug 13, 2013
Note that following the 2004 reform, SB 899, defense fees skyrocket from $368 million in 2003 to nearly double at $642 million in 2006, while applicant attorneys, whose fees are largely pegged to permanent disability indemnity, lost some ground, but essentially remained flat. Things stabilize a bit after 2006 until 2011 when the lawyers on both sides, start ... N.Y. AG announces $600,000 agreement with masonry ... Plaintiffs' expert says lead paint abatement could.
Apr 23, 2013
Headlines screaming for “Workers' Comp Reform” are blaring in many states (CA,FL, NY, OH, NC, and most recently IL). In Illinois, the state's much-criticized system is under fire and legislation to totally dismantle the system is ...
Apr 13, 2011
Headlines screaming for “Workers' Comp Reform” are blaring in many states (CA,FL, NY, OH, NC, and most recently IL). In Illinois, the state's much-criticized system is under fire and legislation to totally dismantle the system is ...

Thursday, August 15, 2013

IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

Today's post was shared by WCBlog and comes from www.whitehouse.gov

The White House

EXECUTIVE ORDER
- - - - - - -
IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose. Chemicals, and the facilities where they are manufactured, stored, distributed, and used, are essential to today's economy. Past and recent tragedies have reminded us, however, that the handling and storage of chemicals are not without risk. The Federal Government has developed and implemented numerous programs aimed at reducing the safety risks and security risks associated with hazardous chemicals. However, additional measures can be taken by executive departments and agencies (agencies) with regulatory authority to further improve chemical facility safety and security in coordination with owners and operators.

Sec. 2. Establishment of the Chemical Facility Safety and Security Working Group. (a) There is established a Chemical Facility Safety and Security Working Group (Working Group) co-chaired by the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency (EPA), and the Secretary of Labor or their designated representatives at the Assistant Secretary level or higher. In addition, the Working Group shall consist of the head of each of the following agencies or their designated representatives at the Assistant Secretary level or higher:

(i) the Department of...

[Click here to see the rest of this article]


Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request

Social media accounts are evidential to determine the credibility of the a party in a workers' compensation claim. Take it one step further and they can also be a factor in determining deviation from employment. Today's post was shared by WCBlog and comes from p.ost.im

Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts (but not all!) require a threshold showing that the public account has relevant information that would lead to discoverable evidence before requiring a plaintiff to produce private portions of the account.

In an order dated July 19, 2013 in the case of Jewell v. Aaron’s, Inc., Civil No. 1:12-CV-0563-AT (N.D.Ga. 2013), 87 opt-in plaintiffs are suing their employer for, among other claims, not allowing certain lunch breaks as required by law. The defendants sought, among their discovery requests:
“All documents, statements or any activity available that you posted on any internet Web site or Web page, including, but not limited to, Facebook, MySpace, LinkedIn, Twitter, or a blog from 2009 to the present during your work hours at Aaron’s store.”

ICD-10 will impact workers comp, non-HIPAA entities, too

ICD codes are ruling workers' compensation and the lives and claims of injured workers. Today's post was shared from /ehrintelligence.com.


"They might not have to play by all the same rules, but healthcare providers shouldn’t forget the impact ICD-10 will have on non-HIPAA covered entities such as workers compensation, nursing homes, and home health agencies.  While non-HIPAA entities are not mandated to switch to the new code set on October 1, 2014, the changing tide will sweep them along with the complex transition whether they like it or not.  Medical providers should be aware of the struggles of their non-HIPAA partners, especially as the care coordination spectrum expands to include more and more external organizations that may not always be on the same page.
"t may seem like those entities that are allowed to stick with ICD-9 would be happy to do so.  But in fact, staying with the old code set, which will not be maintained or updated after 2014, might be more trouble than it’s worth.  Technically, workers compensation insurance could demand all provider claims to contain ICD-9 codes for as long as they please, but the undue hardship that would place on medical professionals has been deemed too great by some large insurance plans such as the Ohio Bureau of Workers Compensation (OBWC), which is planning to use ICD-10 after the implementation date.
Non-HIPAA entities could also choose to accept ICD-10 codes from providers but crosswalk them back to ICD-9 if they don’t want to upgrade their systems.  But the extra work to create accurate and reliable mappings from a very detailed code to a broader ICD-9 one seems a little pointless.  “Even though claims professionals don’t have to be immediately fluent in ICD-10, they should be forward-thinking and follow the market in the direction it’s headed,” suggests John Sarich, VP of Strategy for VUE Software in a post for Claims Journal. “It will require some upfront investment, but will ultimately outweigh the lost time that accompanies translating every medical record you encounter.”
"And payers such as workers compensation and property and casualty insurance (P&C) do have a vested interest in the detail and specificity provided by ICD-10, mandate or no.  They will spend less time pestering physicians for more and more documentation to validate a claim for an injury, reducing the administrative burden for everyone involved – assuming payer claims processors are properly trained in the new code set and don’t need to return to the provider to ask for clarification.

Click here to read the entire article.

Cyclospora: It Is Not Over Yet - US Count at 548 Cases

The mystery of the Cyclospora infection continues, putting workplaces at risk  from the disease.


The US Centers for Disease Control and Prevention (CDC) today reported nine more US Cyclospora infections, raising its case count to 548, but the total does not include 21 of the most recent cases that the TexasDepartment of State Health Services (TDSHS) has listed on its Web site. Those additions would bring the tally to 569.


The number of affected states remained at 19 (see CDC map below), but the CDC said that not all cases are confirmed to be linked to an outbreak in Iowa and Nebraska traced to a contaminated salad mix from Mexico. The states with by far the most cases are Texas, 220 (by the CDC's count); Iowa, 153; and Nebraska, 86.
The most recent illness onset was Jul 28, but most illness-onset dates are from the middle of June through early July, the CDC said. Of the 548 cases, 34 (6%) have required hospitalization.
Investigations have linked restaurant-related illness clusters in Iowa and Nebraska to a packaged salad mix from a Taylor Farms facility in Mexico, and this week the company voluntarily stopped shipping all of its leafy greens to the United States.
Aug 14 CDC outbreak update
Aug 14 TDSHS update
 

Wednesday, August 14, 2013

The Reverberating Impact of Low Wages

Today's post was shared by RWJF PublicHealth and comes from www.rwjf.org

A recent vote by the Washington D.C. City Council requires large retailers to pay a minimum hourly wage of $12.50 an hour—$5.25 more than the current minimum wage of $7.25 nationally and $8.25 in D.C.— and the decision received wide attention, especially when retailers planning to build new stores in the city said they’d pull the plug on the projects if required to pay the higher salaries. But at least two recent magazine articles explain why there’s been a fervent recent push to try to push up the wages of those in low-paying jobs. New York Magazine recently surveyed 100 fast food restaurant employees in that city and asked, among other things, “can you live off your paycheck?” The answer appears to be no. The average pretax monthly pay for the surveyed workers was $984 while average monthly expenses including rent, utilities, groceries and cell phone bills was $1,115—which adds up to $131 more in expenses than pay.

Bonus Link: Why does income matter to health? See a NewPublicHealth infographic on how stable jobs and income lead to healthier lives.

And last weeks’ New Yorker Magazine added heft to the need to look at the current minimum wage rate, in light of just how critical that income is to many households. According to the article, while low-wage retail jobs were once squarely aimed at high school students looking for pocket money and those looking for supplemental income, in the last few years of stiff unemployment,...

[Click here to see the rest of this article]