Michael O'Hare points us this morning to a study of cell phone usage in cars that confirms the obvious: it's dangerous. More dangerous than driving drunk, in fact. What's more, as the chart on the right shows, hands-free talking doesn't help. In fact, for certain To understand the reason, consider driving while (i) listening to the radio as I was (ii) conversing with an adult passenger (iii) transporting a four-year-old (iv) sharing the front seat with a largish dog. The radio is not a person, and you subconsciously know that you may miss something if you attend to something in the road ahead, but also that you won’t insult it if you “listen away”, and it won’t suffer, much less indicate unease. The adult passenger can see out the windshield and also catch very subtle changes in your tone of voice or body language. If you stop talking to attend to the car braking up ahead, the passenger knows why instantly, and accommodates, and because you know this, you aren’t anxious about interrupting the conversation. The dog and the child, in contrast, are completely unaware of what’s coming up on the road or what you need to pay attention to; the former is happy to jump in your lap if it seems like a good idea at any moment, and the child demands attention on her own schedule and at... |
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Wednesday, September 25, 2013
Chart of the Day: Hands-Free Talking Is as Bad as Talking on a Handset. Maybe Even Worse.
Friday, August 30, 2013
Texting a Message to A Driver Imposes Liability for an Accident
"The issue before us is not directly addressed by these
statutes or any case law that has been brought to our attention.
"We must determine as a matter of civil common law whether one
who is texting from a location remote from the driver of a motor
vehicle can be liable to persons injured because the driver was
distracted by the text. We hold that the sender of a text
message can potentially be liable if an accident is caused by
texting, but only if the sender knew or had special reason to
know that the recipient would view the text while driving and
thus be distracted.
"In this appeal, we must also decide whether plaintiffs have
shown sufficient evidence to defeat summary judgment in favor of
the remote texter. We conclude they have not. We affirm the
trial court's order dismissing plaintiffs' complaint against the
sender of the text messages, but we do not adopt the trial
court's reasoning that a remote texter does not have a legal
duty to avoid sending text messages to one who is driving.
"We conclude that a person sending text messages has a
duty not to text someone who is driving if the texter knows, or
has special reason to know, the recipient will view the text
while driving. But we also conclude that plaintiffs have not
presented sufficient evidence to prove that Colonna had such
knowledge when she texted Best immediately before the accident.
LINDA KUBERT AND DAVID
KUBERT,
Plaintiffs-Appellants,
v.
KYLE BEST, SUSAN R. BEST,
EXECUTRIX OF THE ESTATE OF
NICKOLAS J. BEST, DECEASED,
Defendants,
and
SHANNON COLONNA,
Defendant-Respondent.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-1128-12T4
August 27, 2013
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Saturday, August 24, 2013
Silica: A Long Overdue Proposal
“I don’t smoke, I don’t drink, I eat organic foods, I don’t eat much red meat. Now I know that my lifestyle probably won’t benefit my long-term health because of the devastating effects of silica exposure. As a new grandfather, I probably will not be able to run with my grandchild through the park as I had hoped. Even simple tasks like walking and talking on a cell phone are difficult and my outlook is downhill from here.”
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,...
Thursday, August 8, 2013
OSHA's Distracted Driving Initiative
Welcome to OSHA's Distracted Driving Page!
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Friday, July 19, 2013
Privacy: Workers' Compensation Health Data Heading for Electronic Storage
Missing from the equation are regulations from workers' compensation agencies to provide for the security and integrity of the records that have been widely disseminated within the workers' compensation system.
One company has has built a "Bunker" for health records.
Saturday, June 22, 2013
Distracted Walkers Are a Workplace Hazard
Read: Distracted Walking: Injuries Soar for Pedestrians on Phones
Cell Phone Use Not Just Dangerous for Drivers, Study Finds
Thursday, June 13, 2013
Apple Is Moving Distracted Driving Into High Gear
Workers' compensation insurance companies in co-ordination with the US Department of
IOS in the Car Heavy Integration Announced at Apple Conference |
Wednesday, May 29, 2013
US Publishes Guidelines to Minimize Distracted Driving
U.S. Transportation Secretary Ray LaHood today released distraction guidelines that
encourage automobile manufacturers to limit the distraction risk connected to electronic devices built into their vehicles, such as communications, entertainment and navigation devices.
"Distracted driving is a deadly epidemic that has devastating consequences on our nation's roadways," said Secretary LaHood. "These guidelines recognize that today's drivers appreciate technology, while providing automakers with a way to balance the innovation consumers want with the safety we all need. Combined with good laws, good enforcement and good education, these guidelines can save lives."
Thursday, April 11, 2013
Digital Identification: Is Your Employer Going to Take Your Digital Finger Prints, Iris Scans or Face ID
"The California-based company AOptix rolled out a new hardware and app package that transforms an iPhone into a mobile biometric reader. As first reported by Danger Room in February, AOptix is the recipient of a $3 million research contract from the Pentagon for its on-the-go biometrics technology."
Read he Complete Article:: Now Your iPhone Can Read Fingerprints, Scan Irises and ID Your Face (Wired)
Friday, February 8, 2013
What To Do Before A Major Snow Storm Strikes
Stock up on emergency supplies for communication, food, safety, heating, and car in case a storm hits.
Communication Checklist
- Make sure you have at least one of the following in case there is a power failure:
- Battery-powered radio (for listening to local emergency instructions). Have extra batteries.
- National Oceanic and Atmospheric Administration (NOAA) weather radio receiver (for listening to National Weather Service broadcasts).
- Learn more about NOAA Weather Radio All Hazards
- Find out how your community warns the public about severe weather:
- Siren
- Radio
- Television
- Listen to emergency broadcasts.
- Know what winter storm warning terms mean:
- Winter Weather Advisory: Expect winter weather conditions to cause inconvenience and hazards.
- Frost/Freeze Warning: Expect below-freezing temperatures.
- Winter Storm Watch: Be alert; a storm is likely.
- Winter Storm Warning: Take action; the storm is in or entering the area.
- Blizzard Warning: Seek refuge immediately! Snow and strong winds, near-zero visibility, deep snow drifts, and life-threatening wind chill.
Thursday, December 20, 2012
Mercury to be Removed by US EPA From Pompton River in NJ
The U.S. Environmental Protection Agency today announced its plan to remove mercury contamination from the sediment of the Acid Brook Delta of Pompton Lake in Pompton Lakes, New Jersey to levels that meet stringent standards to protect people’s health and the environment. The plan will go into effect as a modification of a permit, which legally requires the E.I. du Pont de Nemours & Company, Inc. to fund and perform the work. Under the permit modification, the EPA will require DuPont to dredge at least 100,000 cubic yards of mercury contaminated sediment from the bottom of a 40-acre area of Pompton Lake and remove at least 7,800 cubic yards of contaminated soil from a shoreline area of the lake affected by DuPont’s past discharges. All of the sediment and soil will be sent to a licensed disposal facility.
Mercury in the sediment and soil can build up in the tissue of fish and other wildlife and pose a threat to people who eat them. Exposure to mercury can damage people’s nervous systems and harm the brain, heart, kidneys, lungs and immune systems.
“The removal of mercury-contaminated sediment from Pompton Lake is a major step toward the recovery of the lake and the protection of people’s health,” said EPA Regional Administrator Judith A. Enck. “The expanded dredging and other revisions in the final cleanup plan reflect the EPA’s commitment to protecting public health and improving environmental quality in Pompton Lakes.”
In November 2011, the EPA proposed a preliminary permit modification to remove contaminated sediment from the bottom of Pompton Lake and encouraged the public to comment on it. A public hearing on the proposed permit modification was held in January 2012. The final permit modification announced today incorporates changes that were made in response to comments from the public and the U.S. Fish and Wildlife Service and additional technical information received from DuPont after the proposed permit modification was issued. A public meeting to discuss the permit modification for the Acid Brook Delta of Pompton Lakes will be held on January 15, 2013.
Under the final permit modification, the area of sediment that will be removed has been expanded by approximately 35% and sediment sampling is required to identify additional areas of the lake that may require the removal of mercury-contaminated sediment. In addition, DuPont is required to implement long-term monitoring of the effectiveness of the dredging, restore the soil between Lakeside Avenue and the edge of the lake, and perform an ecological risk assessment to determine whether additional action may be needed in the future. DuPont will be required to develop work plans for these requirements, which must be submitted to the EPA for approval. The cleanup will be financed and conducted by DuPont with EPA oversight.
The E.I. du Pont de Nemours & Company, Inc. operated the Pompton Lakes Works facility, located at 2000 Cannonball Road, from 1902 to April 1994. Products manufactured at the facility included explosive powder containing mercury and lead, detonating fuses, electric blasting caps, metal wires and aluminum and copper shells. The manufacturing operations and waste management practices contaminated soil, sediment and ground water both on and off-site. Lead and mercury from its operations were released into Acid Brook, which flows through the eastern part of the facility and discharges into the Acid Brook Delta of Pompton Lake. DuPont’s operations also contaminated the ground water with chlorinated volatile organic compounds, such as tetrachloroethylene, trichloroethylene, cis 1,2-dichloroethylene and vinyl chloride.
The cleanup of the Acid Brook Delta requires a modification of the permit under the federal Resource Conservation and Recovery Act. The final permit modification will become effective on February 4, 2013 pending any requests for appeal submitted prior to that date.
Plans to clean up the remaining areas of contamination will be proposed through future permit modifications after ongoing investigations by DuPont have been completed and reviewed by the EPA and the New Jersey Department of Environmental Protection. Opportunities for public participation will continue to be provided through regular updates, public notices and public meetings.
The permit modification and relevant documents are available at the EPA’s project website at:http://www.epa.gov/region02/waste/dupont_pompton/index.html.
The public also can review documents related to the permit modification and cleanup at:
Pompton Lakes Public Library
333 Wanaque Avenue, Pompton Lakes, New Jersey
(973) 835-0482
http://www.pomptonlakeslibrary.org/index.htm
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
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Saturday, December 15, 2012
Breast Cancer Linked to Workers' Exposure at Semiconductor Factory
Recent studies have associated exposure to solvents as an increased risk factor for breast cancer.
"Endocrine disrupting chemicals and carcinogens, some of which may not yet have been classified as such, are present in many occupational environments and could increase breast cancer risk. Prior research has identified associations with breast cancer and work in agricultural and industrial settings. The purpose of this study was to further characterize possible links between breast cancer risk and occupation, particularly in farming and manufacturing, as well as to examine the impacts of early agricultural exposures, and exposure effects that are specific to the endocrine receptor status of tumours."
Environmental Health 2012, 11:87 doi:10.1186/1476-069X-11-87 Published: 19 November 2012
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Friday, December 14, 2012
Privacy: Cell Phone Not Protected From Search
"We conclude that the Stored Communications Act, which prohibits accessing without authorization a facility through which an electronic communication service is provided and thereby obtaining access to an electronic communication while it is in electronic storage, does not apply to data stored in a personal cell phone."
Fannie Garcia v City of Orlando (No. 11-41118) (5th Cir 2012) Decided 12/12/12
Read more about "privacy"
Apr 30, 2012Privacy: Why Injured Workers Are Stalked With Junk Mail and Nuisance Calls. Data sharing is a major problem and its effect on injured workers is becoming more acute. When injured workers contact providers for "more ...
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Social networking has become a popular topic within the workers' comp community. In this edition of Workers' Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking ...
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Monday, December 10, 2012
US Supreme Court to Determine Who is A Dependent
When an injury on the job injury dependency benefits or afforded to certain individuals. Those include statutory dependence such as spouses and children.
Dependency status confers an obligation by the insurance company/employer to pay benefits for extended periods of time. Dependency benefits are usually paid to the surviving spouse for the duration of their lifetime.
"The US Supreme Court [official website] on Friday granted certiorari [order list, PDF] in two cases dealing with same-sex marriage [JURIST backgrounder]. InHollingsworth v. Perry [docket; cert. petition, PDF] the court will consider the validity ofProposition 8 [JURIST news archive], a California referendum that revoked same-sex marriage rights. Same-sex marriage was briefly legal in California following a state Supreme Court decision and then overturned with a constitutional amendment created by Proposition 8. Early in the proceedings, the state of California declined to defend the law, and the backers of Proposition 8, ProtectMarriage.com [advocacy website], successfully intervened. The court will consider whether Proposition 8 is constitutional under the Equal Protection Clause of theFourteenth Amendment as well as if the Proposition 8 supporters had standing to intervene under Article III [LII Cornell backgrounders].
"The court also granted United States v. Windsor [docket; cert. petition, PDF], which examines the constitutionality of Section 3 of the Defense of Marriage Act (DOMA) [text; JURIST news archive]. The case concerns Edith Windsor [ACLU backgrounder], a widow who had a legal same-sex marriage under Canadian and New York law but was denied spousal deduction for federal estate taxes when her wife died. The Supreme Court will consider the constitutionality of DOMA under the Fifth Amendment [LII Cornell backgrounder]. Prior to her challenge, the US Department of Justice (DOJ) announced that it would no longer defend DOMA in courts, and in response, the US House of Representatives formed [JURIST reports] the Bipartisan Legal Advisory Group (BLAG) to defend the law. The court will also consider if BLAG had standing to intervene and if the DOJ's refusal to defend the law deprives the Supreme Court of jurisdiction. The Windsor court held homosexuals to an intermediate scrutiny standard of review. The other petitions concerning same-sex marriage remain on hold.
Excerpted from Jurist: Supreme Court to review constitutionality of same-sex marriage
....
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Saturday, December 8, 2012
Dedicated Bike Lanes Can Prevent On-The-Job Injuries
Objectives. We compared cycling injury risks of 14 route types and other route infrastructure features.
Methods. We recruited 690 city residents injured while cycling in Toronto or Vancouver, Canada. A case-crossover design compared route infrastructure at each injury site to that of a randomly selected control site from the same trip.
Results. Of 14 route types, cycle tracks had the lowest risk (adjusted odds ratio [OR] = 0.11; 95% confidence interval [CI] = 0.02, 0.54), about one ninth the risk of the reference: major streets with parked cars and no bike infrastructure. Risks on major streets were lower without parked cars (adjusted OR = 0.63; 95% CI = 0.41, 0.96) and with bike lanes (adjusted OR = 0.54; 95% CI = 0.29, 1.01). Local streets also had lower risks (adjusted OR = 0.51; 95% CI = 0.31, 0.84). Other infrastructure characteristics were associated with increased risks: streetcar or train tracks (adjusted OR = 3.0; 95% CI = 1.8, 5.1), downhill grades (adjusted OR = 2.3; 95% CI = 1.7, 3.1), and construction (adjusted OR = 1.9; 95% CI = 1.3, 2.9).
Conclusions. The lower risks on quiet streets and with bike-specific infrastructure along busy streets support the route-design approach used in many northern European countries. Transportation infrastructure with lower bicycling injury risks merits public health support to reduce injuries and promote cycling.
Read More: http://ajph.aphapublications.org/doi/abs/10.2105/AJPH.2012.300762?journalCode=ajph&&
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