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

Tuesday, August 20, 2013

Bangladesh’s Workers Deserve Better

Fashion Safety and compensability payments are an important issue and one that originally framed US Workers' Compensation programs. Today's post was shared by Steven Greenhouse and comes from www.nytimes.com


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Four months after a building collapse killed more than 1,100 factory workers in Bangladesh, their families are still waiting for adequate — and in some cases, any — compensation. This is a shocking lapse by Prime Minister Sheikh Hasina and her government.

After the disaster at Rana Plaza, a poorly constructed eight-story building outside Dhaka, the capital, Ms. Hasina promised to give the relatives of those who died about $1,250 in cash and $19,000 in savings certificates — amounts that far exceed the roughly $1,250 that factory owners are legally required to pay per victim, but far from sufficient, considering that many victims were young women and men who had a whole lifetime ahead of them. The money was supposed to come from the government and from private donations by, among others, the factory owners.

But the government has yet to distribute most of that money. It has provided sums ranging from $1,250 to $5,000 to about 777 families, far short of the total compensation it had promised, according to the Solidarity Center, a Washington-based group that helps workers around the world form unions. Also, many of the remaining families have not received any aid at all because the government has not moved fast enough to identify nearly 300 bodies.

Compensating victims’ families in a tragedy as big as the collapse of Rana Plaza would strain the resources of a poor country like Bangladesh. But Ms. Hasina’s administration can do a much better job....
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Contaminated Soil and Debris to Be Removed From Superfund Site in South Plainfield, New Jersey

The U.S. Environmental Protection Agency has proposed a plan to address contaminated soil and debris at the Woodbrook Road Dump Superfund site in South Plainfield, New Jersey. Previous dumping of old electrical capacitors at the site has contaminated some of the soil with polychlorinated biphenyls (PCBs). PCBs are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems. Under the plan proposed today, contaminated soil and debris will be dug up and removed.

“This was a poorly run dump in the vicinity of the Dismal Swamp – a natural wildlife refuge and an important wetland,” said EPA Regional Administrator Judith A. Enck. “Some material that caused contamination, including electrical capacitors, has already been removed and now we will get rid of the contaminated soil. I encourage the public to give the EPA their input on this proposed cleanup plan.”

The EPA will hold a public meeting on August 26, 2013 to explain the proposed plan and is encouraging public comments. The meeting will be held at 7:00 p.m. at the South Plainfield Municipal Building courtroom at 2480 Plainfield Avenue in South Plainfield, NJ. Comments will be accepted until September 16, 2013.

The Woodbrook Road Dump Superfund site is located on land that was used as a dump in the 1940s and 1950s for both industrial waste and household waste until it was shut down by the state of New Jersey in 1958. Among the materials disposed of at the site were old electrical capacitors, which contained PCBs and had contaminated the soil. Under EPA oversight, the current owner of the property, Texas Eastern Transmission Corporation (TETCO), removed a number of PCB-contaminated capacitors, secured the site and placed warning signs around the area. The EPA added the Woodbrook Road Dump site to the Superfund list in 2003.

Under the EPA’s cleanup plan, as much as 120, 000 cubic yards of contaminated soil and debris will be dug up and disposed of at a facility licensed to receive the waste. All PCB-contaminated soil and debris above 1 part per million from both the Eastern and Western dump areas will be disposed of off-site. Wetland areas that are disturbed during the work will be restored. Ground water at the site is not contaminated with site-related chemicals. The EPA will conduct a review every five years to ensure the effectiveness of the cleanup.

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups.

Read more about PCBs and workers' compensation:
May 24, 2013
The site, which is in the New Jersey Meadowlands and is next to the Hackensack River, is contaminated with a number of hazardous chemicals including polychlorinated biphenyls (PCBs) and dioxin. The study of the nature ...
Jan 09, 2013
Historical conspiracies of silent were evident in the asbestos tobacco, lead and PCB industries resulting in epidemics of disease and death. "The development of Alberta's oil sands has increased levels of cancer-causing ...
May 24, 2013
Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs). Benzene, mercury, chromium and ...
Apr 16, 2011
Asbestos Contaminates 772 New York City Schools. The Board of Education of the City of New York has reported that asbestos wiring, a known carcinogen, is hampering the removal of PCB lights. The asbestos contaminating ...

Monday, August 19, 2013

It's Complicated: Obamacare's Choices for People with Disabilities

Thought of as safety-net for those injured workers who are caught in disputed litigation over workers' compensation benefits, Obamacare option will provide a complicated insurance program with multiple offerings.

"The Affordable Care Act has set new standards — called essential health benefits — outlining what health insurance companies must now cover. But there's a catch: Insurance firms can still pick and choose to some degree which specific therapies they'll cover within some categories of benefit. And the way insurers interpret the rules could turn out to be a big deal for people with disabilities who need ongoing therapy to improve their day-to-day lives.

Read "Obamacare Presents Complex Choices For People With Disabilities"a recent article collaborated by NPR, Colorado Public Radio and Kaiser Health News.

Related articles

Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers

Viloence arising from workplace activities is a major cause of workers' compensation claims. Today's post was shared by US Dept. of Labor and comes from www.osha.gov



Training & Other Resource

This Workplace Violence website provides information on the extent of violence in the workplace, assessing the hazards in different settings and developing workplace violence prevention plans for individual worksites.

What is workplace violence?
Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors. Homicide is currently the fourth-leading cause of fatal occupational injuries in the United States. According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), of the 4,547 fatal workplace injuries that occurred in the United States in 2010, 506 were workplace homicides. Homicide is the leading cause of death for women in the workplace. [More...] However it manifests itself, workplace violence is a major concern for employers and employees nationwide

Who is at risk of workplace violence?
Nearly 2 million American workers report having been victims of workplace violence each year. Unfortunately, many more cases go unreported. The truth is, workplace violence can strike anywhere, anytime, and no one is immune. Research has identified factors that may increase the risk of violence for some workers at certain worksites. Such factors include exchanging money with the...
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Friday, August 16, 2013

FL Workers' Compensation May Be Going Up

The Office of Insurance Regulation (Office) today announced it has received the National Council on Compensation Insurance (NCCI) annual rate filing for workers’ compensation insurance rates in Florida. The proposed overall rate change is an increase of 1 percent to become effective on January 1, 2014; however, it reflects a cumulative decrease of 55.9 percent in overall rates since the comprehensive legislative reforms passed in 2003.

A careful review and thorough analysis of this rate filing will be performed to evaluate its potential effects on Florida’s workers’ compensation insurance marketplace and employers. The Office anticipates conducting a public hearing in early October 2013 and will provide more detailed information at a later date.

Prior to the 2003 legislative reforms, Florida consistently ranked No. 1 or No. 2 in the country for the highest workers' compensation rates. Following this reform, Florida rates became some of the most competitive in the nation with seven years of significant decreases approved for the annual experience filing submitted by NCCI. This year, however, marks the fourth year in a row of proposed increases in the annual experience filings.

The Office plans to make recommendations to the 2014 Legislature to address cost drivers in the workers’ compensation insurance system.

For more information about the NCCI rate filing, please read NCCI’s statement.

Modern Families and Worker Protections

The word "spouse" has a new legal definition following the US Supreme Court's recent decision in US v. Windsor (2013). Today's post was shared by US Dept. of Labor and comes from social.dol.gov

Until 1993, there was no law that protected workers from having to choose between their jobs and their health – or the welfare of family members who needed their care. The Family and Medical Leave Act changed that, by allowing covered employees to take up to 12 weeks of unpaid leave without getting fired. This law provided greater protection and flexibility to America’s workers, and the Wage and Hour Division has been proud to uphold it for the past 20 years.

But our agency doesn’t just enforce the law. We also provide guidance to employees and employers, to make sure they understand their rights and responsibilities. Earlier this week, the Wage and Hour Division made a few revisions to some of our guidance documents that reflect changes to our enforcement of the FMLA in light of the Supreme Court’s recent decision in United States v. Windsor.

These updates remove all references to the Defense of Marriage Act’s provisions that denied federal benefits to legally married, same-sex couples. In light of the Supreme Court’s decision U.S. v. Windsor, the updates clarify the definition of “spouse” for Title I of the FMLA, which applies to covered private-sector employers and any covered public agency. The updated documents can be viewed at these links:

These changes are not regulatory, and they do not fundamentally change the FMLA. They simply recognize that the Supreme Court’s Windsor decision expands the number of employees who...
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Coal Industry: The Next Target for a Major Lawsuit

The focus the past several weeks has been the lawsuit in California against the Lead Paint Industry. The lawsuit, pending for over a decade, was brought under the legal theory of "public nuisance." The case seeks to finally force the major suppliers of lead paint to the table to help in removing and correcting the alleged public and private health dangers the Industry created by marketing paint with lead pigment.

While the lead paint case is in its finals trial stages, a theory has emerged to litigate against the Coal Industry for its alleged acts that have damaged public health through crating industrial pollution.

"Coal industry executives ought to pay attention to the lead paint lawsuit currently happening in the California court system.

"Recently, a lawsuit was filed against the makers of lead paint, alleging that the industry knew about the toxicity of their product and yet still promoted it as “safe” to the public. The industry has faced many lawsuits over their products in the past, most of which were unsuccessful for the victims, due to the fact that the industry was often up front about the dangers of their products, and they funded public studies to determine the health effects.

"But things have changed in the American legal system, and attorneys are now taking a page out of the tobacco litigation playbook. By unearthing documents that detail the lead paint industry’s attempted cover-up of the dangers, they avoid the “buyer beware” caveat that the tobacco industry used for so long.