I strongly urge you to read The National Association of Workers’ Compensation Judiciary March 2016 Newsletter for cutting edge information concerning national workers' compensation issues.
Friday, March 4, 2016
US DOT Bans the Use of Electronic Cigarettes on Commercial Flights
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| The ProVape-1 by ProVape.com Electronic cigarette/vaporizer mod which holds a larger battery. Shown with a 901 atomizer attached. (Photo credit: Wikipedia) |
U.S. Transportation Secretary Anthony Foxx today announced a final rule that explicitly bans the use of electronic cigarettes on commercial flights. The final rule applies to all scheduled flights of U.S. and foreign carriers involving transportation in, to, and from the U.S.
“This final rule is important because it protects airline passengers from unwanted exposure to electronic cigarette aerosol that occurs when electronic cigarettes are used onboard airplanes,” said Secretary Foxx. “The Department took a practical approach to eliminate any confusion between tobacco cigarettes and e-cigarettes by applying the same restrictions to both.”
Thursday, March 3, 2016
Property Developer Pleads Guilty To Exposing Workers To Asbestos During Removal Operations
U.S. Attorney William J. Hochul, Jr., in Rochester, NY, announced today that Anastasios “Taso” Kolokouris, 32, of Avon, NY, pleaded guilty to violating the Clean Air Act asbestos work practice standards involving asbestos removal and disturbance before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum sentence of five years in prison and a $250,000 fine.
Tuesday, March 1, 2016
OSHA Fines NJ Contractor For Hanger Collapse at Newark Airport
OSHA fines CATCO Demolition Services $49K for the violation
Employer name: Catanzaro & Sons Enterprise, doing business as CATCO Demolition Services
10 Gregory Drive, Montville, New Jersey
10 Gregory Drive, Montville, New Jersey
Site: Newark Liberty International Airport, 14 Brewster Road, Newark, New Jersey
Citations issued: On Feb. 24, 2016, the U.S. Department of Labor Occupational Safety and Health Administration ’s Parsippany Area Office issued a citation for one willful violation.
Investigation findings: OSHA’s inspection began Sept. 9, 2015 after United Airlines Hanger No. 14 at Newark Liberty International Airport collapsed during demolition. Inspectors determined CATCO Demolition Services deviated from an approved demolition plan and made unapproved cuts to several I-beams, weakening the structural members of the hangar as employees worked inside the hangar. OSHA cited CATCO for this hazard.
The employer has 15 business days from receipt of the citation and proposed penalty to comply, request an informal conference with OSHA’s area director, or contest the findings before the Occupational Safety and Health Review Commission.
Proposed penalty: $49,000
Quote: “By not following the approved demolition plan, CATCO Demolition Services left its employees vulnerable to unnecessary risk,” said Kris Hoffman, director of OSHA’s Parsippany Area Office. “Employers must provide employees with a safe working environment; anything less than that is unacceptable.”
View the citations: http://www.osha.gov/ooc/citations/CatanzaroandSons_1091006.pdf*.
Friday, February 26, 2016
OSHA Fine NJ Contractor $43,000 for Fall Hazards Following Roofer's Death
OSHA finds Middlesex contractor exposed workers to fall hazards after investigation of roofer's death at Parsippany jobsite S&S Roofing Inc., cited 13 times for similar violations
Employers name: S&S Roofing Inc., 2 Self Blvd., Carteret, New Jersey
Inspection site: 71 Walsh Drive, Parsippany, New Jersey
Citations issued: On Feb. 17, 2016, the Occupational Safety and Health Administration issued citations for one repeat and three serious violations.
Investigation findings: OSHA opened an investigation on Aug. 24, 2015 after receiving a referral from the Parsippany Police Department after a worker fell from the roof of a warehouse. The investigation was also conducted under the agency's local emphasis program for falls in construction.
OSHA inspectors found that S&S Roofing failed to provide workers with the proper fall protection, resulting in one repeat violation. The company was cited for a similar repeat violation in 2011, and has been cited 10 times since 2000 for comparable offenses.
The investigation determined that the victim who fell was using a manually operated roof hoist to lower his tool bags to the ground that caused the hoist to tip and go over the edge of the roof. As it tipped, the hoist's boom hit the man and he fell over the roof's edge to the pavement approximately 25 feet below. The victim succumbed to his injuries, dying six days later.
Proposed penalties: $43,080
Quote: "This tragic incident and unnecessary loss of a life could have been prevented had S&S Roofing properly protected its workers against falls, the leading cause of death in the construction industry," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Compounding the tragedy, the hoist's manufacturer warns: ‘Never use roof process materials as counterweight.' We determined S&S Roofing regularly used roofing materials to counterweight the hoist regardless of the warning. Workers should not have to risk their lives needlessly for the sake of a paycheck."
View the citations: http://www.osha.gov/ooc/citations/S-and-S_Roofing_Inc_1088219_0217_16.pdf*
Employers name: S&S Roofing Inc., 2 Self Blvd., Carteret, New Jersey
Inspection site: 71 Walsh Drive, Parsippany, New Jersey
Citations issued: On Feb. 17, 2016, the Occupational Safety and Health Administration issued citations for one repeat and three serious violations.
Investigation findings: OSHA opened an investigation on Aug. 24, 2015 after receiving a referral from the Parsippany Police Department after a worker fell from the roof of a warehouse. The investigation was also conducted under the agency's local emphasis program for falls in construction.
OSHA inspectors found that S&S Roofing failed to provide workers with the proper fall protection, resulting in one repeat violation. The company was cited for a similar repeat violation in 2011, and has been cited 10 times since 2000 for comparable offenses.
The investigation determined that the victim who fell was using a manually operated roof hoist to lower his tool bags to the ground that caused the hoist to tip and go over the edge of the roof. As it tipped, the hoist's boom hit the man and he fell over the roof's edge to the pavement approximately 25 feet below. The victim succumbed to his injuries, dying six days later.
Proposed penalties: $43,080
Quote: "This tragic incident and unnecessary loss of a life could have been prevented had S&S Roofing properly protected its workers against falls, the leading cause of death in the construction industry," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Compounding the tragedy, the hoist's manufacturer warns: ‘Never use roof process materials as counterweight.' We determined S&S Roofing regularly used roofing materials to counterweight the hoist regardless of the warning. Workers should not have to risk their lives needlessly for the sake of a paycheck."
View the citations: http://www.osha.gov/ooc/citations/S-and-S_Roofing_Inc_1088219_0217_16.pdf*
Wednesday, February 24, 2016
Breast Cancer: California Discriminates Against Women
The California Applicants’ Attorneys Association (CAAA) joined Assemblywoman Lorena Gonzalez (D-San Diego) for the first ever Women in the Workplace Day at the State Capitol. The day was centered around Governor Brown’s veto of the CAAA sponsored AB 305 (Gonzalez, 2015), which sought to ensure that women are not compensated less than men for identical work injuries.
NJ Corrections Officers Seeks Benefits Above Workers’ Compensation
Legislation now pending before the NJ State Assembly (A2347) would establish a compensation program for State corrections officers, juvenile corrections officers, and juvenile detention officers who suffer bodily injury as the result of a riot or assault by the inmates or detainees under their custody and care. The bill also establishes a compensation program for parole officers who suffer bodily injury as the result of an assault committed by an adult or juvenile parolee under their supervision.
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