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Showing posts sorted by date for query distracted. Sort by relevance Show all posts
Showing posts sorted by date for query distracted. Sort by relevance Show all posts

Thursday, July 3, 2014

Rail Workers Raise Doubts About Safety Culture As Oil Trains Roll On

BNSF Railway tank car 880362 in a train passin...
BNSF Railway tank car 880362 in a train passing Glen Haven, Wisconsin. (Photo credit: Wikipedia)
Today's post is shared from earthfix.opb.org.
SNOHOMISH, Wash. — Curtis Rookaird thinks BNSF Railway fired him because he took the time to test his train’s brakes.
The rail yard in Blaine, Washington, was on heightened security that day, he remembers, because of the 2010 Winter Olympics underway just across border in Vancouver, B.C.
The black, cylindrical tank cars held hazardous materials like propane, butane and carbon monoxide. The plan was to move the train just more than two miles through three public crossings and onto the main track. Rookaird and the other two crew members were convinced the train first needed a test of its air brakes to guard against a derailment.
But that kind of test can take hours. A BNSF trainmaster overheard Rookaird talking over the radio about the testing. He questioned if it was necessary. The crew was already behind schedule that day.
Rookaird stood firm.
“If you don’t have brakes the cars roll away from you,” Rookaird would later say. “You don’t have control of the train, you can crash into things.”
The trainmaster replied by saying he didn’t intend to argue. They’d talk about it later. Then he phoned their boss.
Minutes later, managers had a crew ready to replace Rookaird’s. Within a month, after Rookaird got federal investigators involved, he received a letter from BNSF informing him his employment had been terminated.
That account — based...
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Monday, June 23, 2014

Trucking Lobby Blocking Safety Legislation

While serious transportation work-related accidents raise public attention for increased efforts to rein in unsafe transportation issues, the strong and effective trucking lobby has created a road block for reform. Today's post is shared from northjersey.com
Democrat Cory Booker is waging his first floor fight in the U.S. Senate, taking on colleagues in both parties who want to suspend regulations specifying how much rest truck drivers should get each week.
The issue drew attention because of the high-profile crash involving comedian Tracy Morgan on the New Jersey Turnpike this month, but it is also so closely identified with Booker’s predecessor, Sen. Frank Lautenberg, that a safety-advocacy group named a “congressional courage” award after Lauten­berg last week.
Booker, who filled Lautenberg’s term after he died last year, was also assigned to Laut­enb­erg’s spot on the subcommittee that regulates federal highways and the trucks and buses that use them. It’s natural, he said, for someone coming from such a con­gested state to make regulating large trucks a priority.
“New Jersey sent me down to fight New Jersey’s fight, and this is a New Jersey fight,” Booker said.
It’s a fight he may not win, however.
The trucking industry spends an average of $5 million on contributions to members of Congress during every two-year campaign cycle — Booker himself got $2,000 — and $10 million more...
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Monday, April 14, 2014

Distracted Driving - Time To Revisit Compensability Issues


Hang Up! Just Drive.
The Attorney General of the State of New Jersey reported today that there has been a surge of 26% in reported accidents attributed to "distracted driving." While the enforcement effort has been made some headway in leveling off the statistics, a question remains whether it is time to change the compensability rules in workers' compensation to prohibit claims if the employee was texting while driving.
Acting Attorney General John Hoffman today announced the staggering toll driver inattention has taken on New Jersey’s roadways in the past 10 years, declaring that the State experienced a “distracted driving decade” and that an ongoing law enforcement initiative is working to help end the crisis.
From 2004 to 2013, driver inattention was a major contributing circumstance in 1.4 million crashes in New Jersey – that is about half of the total crashes in the state in that period. Distraction was the number one contributing circumstance in total crashes. And in one decade (2003-2012), more than 1,600 people have been killed in crashes where driver inattention was a major contributing factor.
“The numbers tell the sad truth: we are in the midst of a surge in driver inattention, and crash statistics bear out that we can characterize the last 10 years simply as ‘New Jersey’s Distracted Driving Decade,’” said Hoffman. “What is perhaps most troubling about these numbers is that the issue of distracted driving seems to be getting progressively worse. Our research indicates that while crashes and fatalities are trending downward as a whole, the number and proportion of distracted crashes are rising.”
At the beginning of the “Distracted Driving Decade” in 2004, driver inattention was cited as a major contributing circumstance in 42 percent of crashes. But that number has risen in those 10 years and last year it peaked at 53 percent. And the proportion of distracted crashes has surged 26 percent in that time span.
“In recent years smartphones and other devices have become more sophisticated and it’s clear to most of us that they’re being used more by drivers,” said Acting Director of the Division of Highway Traffic Safety Gary Poedubicky. “Though the overall picture of road safety is brightening, one cannot help but conclude that there is an increasing addiction to distraction for drivers. We need to put an end to the epidemic of driver inattention and close the book on the ‘Distracted Driving Decade.’”
In an effort to stop distracted driving, the Division of Highway Traffic Safety has for the first time made funds available to law enforcement agencies for a statewide crackdown on motorists who are using a handheld device while driving, which is illegal in New Jersey. Sixty police departments received $5,000 each for the campaign called U Drive. U Text. U Pay. and the funds will be used to pay for checkpoints and increased patrols. Many more enforcement agencies are also expected to participate unfunded in the initiative, which was funded and developed by the National Highway Traffic Safety Administration (NHTSA).
About halfway through the three-week campaign, which runs from April 1 to 21, the funded departments have issued an estimated 3,000 summonses for cell phone and electronic device violations.
“People need to know that we are serious about stopping this deadly behavior,” said NHTSA Region 2 Administrator Thomas M. Louizou. “Using a handheld phone and texting has reached epidemic levels. When you text or talk on the phone while driving, you take your focus off the road. That puts everyone else’s lives in danger, and no one has the right to do that.”
The crackdowns are similar in scope to the Drive Sober, or Get Pulled Over and Click It or Ticket mobilizations, which have targeted impaired driving and seat belt usage, respectively. Louizou said the successes of those programs have proven that the combination of tough laws, targeted advertising, and high-visibility enforcement can change people’s risky traffic safety behaviors.
To see a list of agencies receiving funding for this initiative please visit:www.nj.gov/oag/hts/downloads/UDUTUP_2014_Grant_Recipients.pdf
This increased police presence on the roads will soon be paired with stepped up penalties for breaking the State’s primary cell phone law. Currently, motorists violating New Jersey’s primary cell phone law face a $100 fine plus court costs and fees. Because of a new law signed by Governor Chris Christie last year, penalties for that transgression will get stiffer. On July 1, those penalties will rise to a range of $200 to $400 for a first offense, $400 to $600 for a second, and up to $800 and three insurance points for subsequent violations. These changes follow the adoption in 2012 of the “Kulesh, Kubert and Bolis Law.” Under that law, proof that a defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to the presumption that the defendant was engaged in reckless driving. Prosecutors are empowered to charge the offender with committing vehicular homicide or assault when an accident occurs from reckless driving.
Joining Acting Attorney General Hoffman’s call to end distracted driving was Gabriel Hurley. Hurley, 29, was severely injured in a 2009 crash that left him blind and with extensive damage to his face and skull. Hurley sustained his injuries when an oncoming car collided into an underpass while he was entering it. The impact caused the other car’s air-conditioning compressor to come flying into his windshield. Hurley, of Middlesex, said he believed the 17-year-old driver had been inattentive behind the wheel at the time of the crash.
After an extensive recovery period, which included more than a dozen facial reconstructive surgeries, he began a career as a safe driving advocate and has spoken to thousands of drivers, most of them in high school, about the consequences of reckless and inattentive driving.
“The course of my life was altered in that crash,” Hurley said. “I have lost my sense of sight and smell and suffered other physical and emotional damage. However, I believe what happened gave me a purpose to tell everyone that crashes like mine are preventable and we can stop them by simply focusing on the task at hand when we’re behind the wheel.”

Read more about distracted driving:
Apr 10, 2014
Stay Alert and Avoid Distracted Driving – Work zones present extra challenges and obstacles. Motorists need to pay attention to the road and their surroundings. – Schedule your trip with plenty of extra time. Expect delays and ...
Apr 18, 2011
OSHA has announced an aggressive program to combat "The Number 1 Killer of Workers," Distracted Driving. The announcement was made today by Dr. David Michaels, Assistant Secretary of Labor of the Occupational ...
May 29, 2013
Transportation accidents rank on the top of the list for worker fatalities. Now the federal government is attempting to reduce that number by restricting distractions while driving.driving. Voluntary guidelines reduce ...
Jun 13, 2013
Transportation (DOT) have made major efforts over the last few years to target distracted driving as a major safety issue to avoid serious accidents and ultimately save lives and reduce insurance costs. The DOT reports ...


Add Texting to the List of Things That Are Killing Us Faster


Today, in news that will make you feel bad about your existence: Texting and tinkering with mobile devices for extended periods of time could make you die sooner, the doctors of the world say.
As The Telegraph reports, the hunchback pose that people adopt while staring down at their devices is known to increase the risk of an early death in the elderly. Chiropractors are concerned that younger people—who spend between one and two hours on their phones a day—could be shaving years off their lives.
The United Chiropractic Association (and probably your mom) say that Gollum-like posture can be just as threatening a health risk as obesity, citing studies that bad posture in older people is linked with a disease called hyperkyphosis. Colloquially known as “dowager’s hump,” this condition is often associated with heart problems. Apparently older folk with even the slightest hump are 1.4 times more likely to die than those without.
In other words, we’ve all been killing ourselves slowly while we sit, smoke, and apply sunscreen. Now texting is helping speed up the process. 
“This isn’t alarmist or scaremongering; it’s what more and more research is telling us,” UCA chiropractor Edwina Waddell told The Telegraph. “And the good news is that it doesn’t have to happen because it’s something we all have a degree of control over.”
Control? Sounds like someone’s never...
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Related articles:
Nov 03, 2013
Lost in the clamor for stricter distracted-driving laws, a study from April 2013 found discouraging patterns in the relationship between texting bans and traffic fatalities. As one might expect, single occupant vehicle crashes dip ...
Oct 01, 2013
Andrew M. Cuomo revealed a plan to put "texting zones" on the New York State Thruway and state highways, where drivers can pull over and respond to text messages. This is, in part, a response to the fact that New York has ...
Oct 23, 2013
... drive on the roads. While the Federal government has strictly enforced the no texting while driving rule, the states maintain a patchwork of confusing regulations and statutory prohibitions. Today's post is shared from nj.com.

Thursday, April 10, 2014

Elite Drivers Provide Tips for Work Zone Awareness Week

Today's post was shared by Trucker Lawyers and comes from www.heraldonline.com

— /PRNewswire-USNewswire/ -- Today, American Trucking Associations is urging motorists to slow down and pay attention while driving through work zone areas. With National Work Zone Awareness Week 2014 marking the 15th anniversary of this life-saving safety campaign, elite drivers with millions of accident-free miles are educating the public on how to stay safe. 

National Work Zone Awareness Week 2014 runs from April 7-11.

America's Road Team Captains, professional truck drivers selected for their impressive driving records and commitment to safety, are sharing their wealth of experience from the road. With four of every five victims in a work zone crash being motorists, these tips can help save lives on our nation's highways.

Work Zone Driving Safety Tips for Motorists:

  • Expect the Unexpected – Speed limits may be reduced, traffic lanes may be changed, and people may be working on or near the road.
  • Speeding is one of the major causes of work zone crashes.
  • Don't Tailgate – Keep a safe following distance between you and the car ahead.
  • Keep a Safe Distance from Construction Workers – and equipment.
  • Pay Attention to Posted Signs – Warning signs are there to help guide you, use them.
  • Stay Alert and Avoid Distracted Driving – Work zones present extra challenges and obstacles. Motorists need to pay attention to the road and their surroundings.
  • – Schedule your trip with plenty of extra time. Expect delays and leave early so you...

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Tuesday, April 1, 2014

Textual Despondency

No, this is NOT an April fool's joke. Texting is a major problem and a major distraction from the focus of work. Even if occurring within the scope of employment, it is still a major factor in concentration and is therefore a safety concern. Today's guest post is from David Paolo.

This condition reportedly has been a "world wide health concern" since around 2011 when conditions associated with excessive cell phone usage for texting and other mobile communications activities other than a phone call were starting to be identified.

A couple of weeks ago I was in San Francisco for the California Workers' Compensation Institute's annual meeting.

San Francisco must be the leading city where this "condition" could be studied. I was astounded at how many people walk around that town with their necks bent towards the ground, small devices in hand, paying zero attention to where they are, where they're going, or anyone or anything around them.

The number of people with zero spatial orientation or situational awareness as a result of profound hand-held device distraction was amazing to me.

Even in the elevator of the hotel where normally cellular signals aren't strong, if existent at all, a couple of gentlemen occupied the car as I got on heading to upper floors; they both were completely immersed in their devices. They did not look up, acknowledge my presence in any way or even acknowledge each other.

We got to the seventh floor and, without even a short little glance above the screen in his hand held one fellow starts toward the open doors and says, I presume to the other guy in the elevator, "see you at dinner."

The other guy, likewise, did not take his stare off the screen of his hand held device, thumb busy scrambling...
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Related articles:
Nov 03, 2013
Lost in the clamor for stricter distracted-driving laws, a study from April 2013 found discouraging patterns in the relationship between texting bans and traffic fatalities. As one might expect, single occupant vehicle crashes dip ...
Oct 23, 2013
... drive on the roads. While the Federal government has strictly enforced the no texting while driving rule, the states maintain a patchwork of confusing regulations and statutory prohibitions. Today's post is shared from nj.com.
Oct 01, 2013
Andrew M. Cuomo revealed a plan to put "texting zones" on the New York State Thruway and state highways, where drivers can pull over and respond to text messages. This is, in part, a response to the fact that New York has ...
Aug 30, 2013
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 ...

Wednesday, November 27, 2013

Living with Safety this Thanksgiving

Motor vehicle accidents are among the highest causes of injuries to workers. The suggestions issued by the NJ State Police provide a helpful guidance for a safe Thanksgiving Day Weekend.Today's post is shared from njsp.org.
The weather is getting nasty just in time for the busiest travel holiday of the year.  With a little planning and a focus on safety, you can make your Thanksgiving travels the most uneventful of your holiday activities.  When gearing up for your trip, prepare for winter even though the calendar still says fall.  That means filling your tank, checking your tire pressure and wiper blades, and packing a blanket, snacks & water in case of a breakdown.  And to keep your blood pressure in check, just leave early because your trip will take much longer than usual because of traffic and road conditions.
In relation to roadway safety, the 2012 Thanksgiving holiday was no reason to celebrate in New Jersey with eight fatal accidents and 10 deaths over the holiday period. Alcohol or drugs was a factor in six of those fatalities.  Four of those killed were pedestrians.  These are sobering statistics that we do not want to repeat this year.
“It doesn’t matter if you’re driving five minutes up the road or through several states, the basics of safety remain the same,” said Colonel Rick Fuentes, Superintendent of the New Jersey State Police.  “Troopers and other law enforcement officers will have zero tolerance for those who create dangers on the roads.”
Distracted driving and aggressive driving are at the top of the list for causing motor vehicle crashes.  Troopers will be using a variety of marked and unmarked vehicles to look for texting drivers, unbelted occupants (especially children), speeders, and of course, intoxicated drivers. 
New Jersey’s “Move Over” law is still unheeded by many drivers.  This law helps protect roadside emergency workers and vehicles including police, fire, medical services, highway maintenance, tow trucks, and official motorist aid vehicles displaying amber, red, or blue emergency lights.  Where possible, drivers are required to move over to create an empty lane next to the emergency vehicle.  When safely changing lanes is not possible, drivers must slow down below the posted speed limit prior to passing emergency vehicles. Drivers should also be prepared to stop, if necessary.
Increase your travel safety by using these common sense tips:
  • Make sure your cell phone is fully charged
  • Carry a flashlight with new batteries.
  • Bring bottles of water and snacks such as protein bars.
  • Insist that all vehicle occupants use seatbelts.
  • Don’t drive drowsy.  The symptoms of driving tired are similar to those of driving under the influence of drugs or alcohol.  Make sure you get enough rest.  Use service areas to pull over, stretch your legs, or grab a cup of coffee.
  • Steer clear of “road ragers.”  Challenging an aggressive driver for a position is a dangerous way to get to your destination a few seconds sooner. 
  • Use a designated driver.  If alcohol figures into your Thanksgiving plans, plan to have one driver stay sober.
  • Prepare before you drive. Map your route; fill your tank; check your tire pressure, lights and wiper blades.  These simple steps may save you more than just time on the highways.
More than 100 additional state troopers will be supplementing the usual patrols.  These troopers are looking for specific violations that lead to crashes, including driving while intoxicated, aggressive driving, and using handheld phones/tablets.
The official Thanksgiving driving period begins at 6:00 p.m. on November 27, and runs through 6:00 a.m. on December 2.

Monday, November 4, 2013

Truck driver was looking at phone in deadly crash

Distracted driving continues to be a constant cause of accidents in the workplace. Workers' compensation laws and policies have not been modified to encourage the non-use of cellphones. Federal legislation on the other hand outlaws their use. Today's post is shared from azcentral.com

The semi-truck that crashed into several police and fire vehicles, killing an Arizona Department of Public Safety officer in early May, was “tossing cars around like they were toys,” according to one witness statement.
Officer Tim Huffman, 47, was killed on May 6 while investigating an earlier crash on Interstate 8, about 40 miles east of Yuma. An 18-wheeler driven by Jorge Espinoza, 33, had plowed into Huffman’s patrol car and several other vehicles at about 5 p.m.
Espinoza, who faces 20 felony charges including second-degree murder, was on his cell phone at the time of the collision, according to 600 pages of case files obtained by The Arizona Republic on Friday.
The documents and a video from an in-dash camera revealed that Espinoza was on Facebook looking at pictures of provocatively dressed women at the time of the wreck.
Espinoza, who pleaded not guilty in June, told police he was looking over his shoulder at a passing truck when suddenly he felt the violent jolt from the crash. Espinoza was not injured.
He told police he never saw the multiple DPS and fire department vehicles on the roadway, or an officer frantically waving his arms trying to get his attention before he jumped out of the way.

Sunday, November 3, 2013

Why Texting-While-Driving Bans Don't Work

Today's post was shared by Mother Jones and comes from www.motherjones.com


Lost in the clamor for stricter distracted-driving laws, a study from April 2013 found discouraging patterns in the relationship between texting bans and traffic fatalities.
As one might expect, single occupant vehicle crashes dip noticeably when a state legislature enacts a texting and driving ban. But the change is always short-lived, according to this study, which examined data from every state except Alaska from 2007 through 2010. Within months, the accident rate typically returned to pre-ban levels.
The researchers, Rahi Abouk and Scott Adams of University of Wisconsin-Milwaukee, attribute this pattern to the "announcement effect," when drivers adjust their behavior to compensate for a perceived law enforcement threat—only to return to old habits when enforcement appears ineffectual. In other words, drivers might dial back their texting when they hear about a ban, but after they succumb to the urge once or twice and get away with it, they determine it's okay and keep doing it.
"It's different than drunk driving," Adams said. Identifying intoxicated drivers is relatively easy, "you can give somebody a breathalyzer, you can have checkpoints." But with texting, "it's really hard [for policemen] to know" if someone's been texting.
No one denies the dangers of texting while driving. In fact, 95 percent of AAA survey (PDF) respondents said texting behind the wheel was a "very" serious threat to their personal safety. But 35 percent of the same...
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Tuesday, October 1, 2013

Do Cities Need Texting Zones?

This post is shared from Nicole Ferraro, Future Cities from www.informationweek.com

This week, New York's governor announced a plan to put "texting zones" on state highways. It got me thinking about whether cities need to do the same.

First, a bit about the news: In an effort to reduce the number of distracted drivers on the roads of New York, Gov. Andrew M. Cuomo revealed a plan to put "texting zones" on the New York State Thruway and state highways, where drivers can pull over and respond to text messages.

This is, in part, a response to the fact that New York has seen a 365% increase in tickets issued to distracted drivers between the summers of 2012 and 2013 (In 2013, 16,027 people were pulled over for talking on cellphones, and 5,553 for texting, as compared to 4,284 and 924, respectively, in 2012).

As Cuomo said in a statement, "With this new effort, we are sending a clear message to drivers that there is no excuse to take your hands off the wheel and eyes off the road because your text can wait until the next Texting Zone."

Distracted driving is a huge issue for cities. Indeed, just last week we discussed a social media campaign launched by the Mayor of Houston, Texas, to unite Texan cities against texting while driving. With pedestrian death on the rise in cities across the US, there's an absolute need to curb driver distractions.

However, there's something about Cuomo's plan that bugs me -- mainly that, in a way, it caves to the compulsion drivers have to...
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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.

Distracted driving doesn't get better by the use of hands free technology. Today's post was shared by Mother Jones and comes from www.motherjones.com


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
tasks it makes things even worse. O'Hare explains what's going on:
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.
Why are the first two not dangerous, and the last two make you tense up just thinking about them? 
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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Sunday, September 1, 2013

A Labor Day Opportunity

Today's post was shared by US Dept. of Labor and comes from www.whitehouse.gov

Health Reform
Health Reform

Ed. note: This is crossposted from Work in Progress, the official blog of the Department of Labor. See the original post here.  Learn more about the history of Labor Day, and the history of the U.S. Department of Labor

Labor Day 2013 is special. This year marks the centennial of the U.S. Department of Labor – 100 years of working for America’s workers. And this past week, our nation reaffirmed the ideals of the 1963 March on Washington. This transformational event,
exactly 50 years ago, was just as much about labor rights as it was about civil rights.
For me, just like so many others then and now, these two movements are inextricably intertwined, their interests converging time and time again, their goals united in creating opportunity for all.
Watch this video on YouTube

For a guy like me who grew up in an immigrant family from Buffalo, the past few days have been pretty heady. At the Lincoln Memorial Wednesday, I couldn’t help but wonder if The Rev. Martin Luther King Jr. ever imagined that half a century after he stood on these steps, another African-American man would stand there – as president?

Friday, August 30, 2013

Texting a Message to A Driver Imposes Liability for an Accident

In an unanimous decision a NJ Appellate Court held a texter potentially liable for causing a motor vehicle 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
….

Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Read more about "texting" and workers' compensation:
Jul 31, 2009
New technology encroaching upon the workplace has been both a help and a hindrance. Recent studies add to the growing volumes of data reporting that the use of cell phones while driving provides a significant distraction ...
Feb 11, 2011
A workers compensation claim filed by a state trooper for injuries he sustained while texting and speeding 126 miles per hour that resulting in a fatal accident with oncoming teenagers, a driver and a passenger, has drawn ...
Apr 29, 2011
CDC urged employers to prohibit texting while driving. A safety initiative by employers will go along way to reducing workers' compensation costs. "What is already known on this topic? Highway transportation crashes are the ...
Apr 18, 2011
Following the policy announced by President Obama in his Executive Order banning texting while driving, OSHA is calling upon all employers to ban texting while driving. It is the intention of OSHA to provide education and ...

Wednesday, August 28, 2013

Mexican Consulate, Labor Dept. Partner On Worker Protection

Today's post was shared by US Dept. of Labor and comes from indianapublicmedia.org

mexican consulate
Photo: Sam Klemet/WFYI
Students walk outside the Mexican Consulate in Indianapolis.
The United States Department of Labor is partnering with Mexican Consulates across the country, including in Indiana, to ensure worker protection.

Juan Manuel Solana Morales says some Mexicans who come to the United States to work, often don’t know about all of their rights.

“Sadly, we have detected that when we have new immigrants, they have different laws, different knowledge, different culture,” said Juan Manuel Solana Morales. “And, when they arrive here in the United States, sometimes they don’t understand the kind of rights that they have.”
Morales is the Consul of Mexico in Indianapolis.

Saturday, August 24, 2013

Silica: A Long Overdue Proposal

The long awaited "Silica standard" for workers has been proposed by OSHA. This post is shared from Dr. David Michaels,  Assistant Secretary for Occupational Safety and Health.
Alan White is a 48-year-old foundry worker from Buffalo, N.Y. – he’s in the local steelworkers union, employed at the same foundry where his father also worked. He just became a grandfather. Three years ago, Alan went to a doctor who did a series of tests and told him that he had contracted silicosis, a debilitating lung disease he got from being exposed to silica at his job.
I met Alan last year on a trip he made to Washington to talk about how he got silicosis and the effects of the disease on his life. This is what he told me:
“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.”
Earlier today, the Occupational Safety and Health Administration proposed a new rule to protect workers from silica exposure, and we’re reaching out to stakeholders for their help to develop a final rule with effective solutions that will protect workers like Alan.
X-Ray of silicosis in lungs
Healthy lungs vs. silicosis
Crystalline silica kills hundreds of American workers and sickens thousands more each year. These very small silica dust particles are hazardous when workers breathe them in. They can cause silicosis – an incurable and progressive disease. Workers can be exposed to airborne silica dust from cutting, sawing, drilling and crushing concrete, brick, block and other stone products. They also can be exposed during operations that use sand products such as glass manufacturing, sand blasting and −as in Alan’s case −foundry work.