Today's post is shared from motleyrice.com/ GM’s ignition switch defect has now been linked to 38 deaths to date. The ignition switch problem was so obvious that customers, journalists and even GM employees were reporting the problem a decade before GM finally admitted the issue and recalled the cars. Way back in 2005, one frightened customer wrote to both GM and the National Highway Traffic Safety Administration (NHTSA), stating that “This is a safety/recall issue if ever there was one . . . The problem is the ignition turn switch is poorly installed. Even with the slightest touch, the car will shut off while in motion. I don’t have to list for you the safety problems that may happen, besides an accident or death, a car turning off while doing a high speed must cause engine and other problems in the long haul . . . I firmly believe that this ignition switch needs to be recalled, reexamined and corrected.” Yet, GM did nothing. That same year, New York Times journalist Jeff Sabatini commented on an odd issue with his Chevrolet Cobalt. His wife was driving on the freeway when she accidentally bumped her knee on the steering column and the car “just went dead.” On looking into the issue, he found another writer with the same problem. Journalist Gary Heller of Pennsylvania’s The Daily Item had also experienced “unplanned engine shutdowns [that] happened four times during a hard-driving test week” in his Cobalt. The... |
Copyright
Friday, December 12, 2014
The long history of GM’s ignition switch cover up
Tuesday, November 16, 2010
Lloyds Report Targets Potential Cell Phone Liability
The report reviews the medical causation issues involving a myriad of conditions ranging from brain cancer (acoustic neuromas and gliomas) to central nervous system effects, as well as reproduction and biological development consequences of EMF exposure over the long term. In reviewing historical litigation trends, the Lloyds report compares the legal consequences of asbestos exposure and the development of mesothelioma and analyzes the complicity and enormous liability that resulted from corporate concealment and conspiracy.
With over 4.3 billion mobile phones in use worldwide as of June 2009, this report increases the concern of employers who are already experiencing increased liability because of the use of cell phones while driving. A major initiative is underway by US Department of Transportation to curtail the use of cell phone by employee while driving because of the increase risk of motor vehicle accidents.
As workers’ compensation insurance carriers have already been challenged by significant losses as a result of occupational exposure to asbestos, the Lloyds report may encourage employers to restrict the use of a cell phone, except when used in a safe and protected manner.
Related articles
- NIOSH Supports Efforts To Ban Distracted Driving (workers-compensation.blogspot.com)
- N.J. Senate panel approves higher fines for N.J. drivers caught texting, talking on mobile phones (nj.com)
- JUST IN: New Evidence That Your Cell Phone Is Giving You Brain Cancer (businessinsider.com)
- Cell Phone Safety and Workers Compensation (workers-compensation.blogspot.com)
Wednesday, September 14, 2011
Truck Crash That Kills 11 Results in Call For A National Cellphone Ban
"Distracted driving is becoming increasingly prevalent, exacerbating the danger we encounter daily on our roadways," said NTSB Chairman Deborah A.P. Hersman. "It can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds."
On March 26, 2010, at about 5:14 a.m. CDT, near Munfordville, Kentucky, a truck-tractor semitrailer combination unit driven by a 45-year-old male departed the left lane of southbound Interstate 65, crossed a 60-foot-wide median, struck and overrode a cable barrier system, entered the northbound travel lanes, and struck a 15-passenger van, driven by a 41-year-old male and occupied by 11 passengers (eight adults, two small children, and an infant). The truck driver and 10 of the 12 occupants of the van were killed.
Investigators determined that the driver used his mobile phone for calls and text messages a total of 69 times while driving in the 24-hour period prior to the accident. The driver made four calls in the minutes leading up to the crash, making the last call at 5:14 a.m. CDT, coinciding with the time that the truck departed the highway.
The Safety Board also determined that the median barrier system, which had recently been installed following another cross-median fatal accident on the same section of I-65, contributed to the severity of the accident because it was not designed to redirect or contain a vehicle of the accident truck's size. Because median crossover accidents involving large vehicles are so deadly, the NTSB made recommendations regarding the use of appropriately designed median barriers on roadways with high volumes of commercial vehicles.
At the meeting today, the NTSB issued 15 new safety recommendations to the Federal Highway Administration (FHWA), the Federal Motor Carrier Safety Administration (FMCSA), the National Highway Traffic Safety Administration (NHTSA), the American Association of State Highway and Transportation Officials (AASHTO), the Governors Highway Safety Association (GHSA), all 50 states, and the District of Columbia. The Safety Board also reiterated two previously issued recommendations to the FMCSA.
A synopsis of the NTSB report, including the probable cause, findings, and a complete list of all the safety recommendations, is available on the NTSB's website. The NTSB's full report will be available on the website in several weeks.
RELATED MATERIAL
Board meeting announcement (9/8/11)
Investigative update (5/14/10)
Launch of investigative team to accident site (3/26/10)
Related articles
- Board Urges Cellphone Ban for All Commercial Drivers (nytimes.com)
- Illinois Bar Some Criminal Violators From Receiving Compensation Benefits http://hr.blr.com/
- National Cell Phone Ban Proposed by Congress (workers-compensation.blogspot.com)
- Distracted Driving Accidents Echo Intoxication Caused Injuries (workers-compensation.blogspot.com)
- When the Boss Calls (workers-compensation.blogspot.com)
- Employers Face Liability For Cell Phone Accidents (workers-compensation.blogspot.com)
- Employers Risks Increase From Cell Phone Use (workers-compensation.blogspot.com)
- NTSB Truck Crash Investigation: A Day Late and Eleven Lives Short (zoomsafe.com)
Monday, November 5, 2012
OSHA urges hurricane recovery workers to protect themselves against hazards
Read More About Safety
Related articles
- Safety Tips for Workers Preparing For Hurricane Sandy (workers-compensation.blogspot.com)
- Deadly Asbestos Exposure Threat Left by Hurricane Sandy (workers-compensation.blogspot.com)
- OSHA cites manager of Nassau Veterans Memorial Coliseum on Long Island for asbestos and other hazards (workers-compensation.blogspot.com)
- OSHA Cites Employers for Exposing Workers to Asbestos - $148,000 (workers-compensation.blogspot.com)
Monday, April 29, 2013
Intoxication, Work, And Workers' Compensation Don’t Mix
If the blood test shows the presence of alcohol or drugs, odds that the employee will be able to collect workers’ compensation are much lower.This is because of the intoxication defense: if an employer can prove that intoxication was the cause of the workers’ injury, then they employer is not required to provide workers’ comp for that injury. Now, there are some notable
Tuesday, May 24, 2011
IARC To Issue Report on Cell Phones
For over 3 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.
Related articles
- CDC Urges Employers to Prohibit Cell Phone Use While Driving (workers-compensation.blogspot.com)
- Symposium on Prevention of Occupationally-Related Distracted Driving (workers-compensation.blogspot.com)
- WHO to assess cell phones' link to cancer (seattletimes.nwsource.com)
- WHO to assess link between cellphones and cancer (ctv.ca)
- Talking about brain cancer (nationalpost.com)
Tuesday, April 1, 2014
Textual Despondency
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... |
Related articles:
Sunday, November 3, 2013
Why Texting-While-Driving Bans Don't Work
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... |
Related articles
- Do Cities Need Texting Zones? (workers-compensation.blogspot.com)
- Target Bans the Box (workers-compensation.blogspot.com)
- Chart of the Day: Hands-Free Talking Is as Bad as Talking on a Handset. Maybe Even Worse. (workers-compensation.blogspot.com)
- Leaked documents reveal the secret finances of a pro-industry science group (workers-compensation.blogspot.com)
- Now the Government Shutdown Is Stopping Blood Drives (workers-compensation.blogspot.com)
Friday, July 31, 2009
Working While Texting: The New Workers Compensation Defense
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 and increases the risk of accidents at alarming rates.
Wednesday, August 12, 2009
Federal Summit Planned for Distracted Driving
Monday, July 22, 2013
Transportation Accidents: Data Recorders Will Soon Define Compensability of Accidents
Event Data Recorder |
"....at the center of a growing debate over a little-known but increasingly important piece of equipment buried deep inside a car: the event data recorder, more commonly known as the black box.
"About 96 percent of all new vehicles sold in the United States have the boxes, and in September 2014, if the National Highway Traffic Safety Administration has its way, all will have them.
"The boxes have long been used by car companies to assess the performance of their vehicles. But data stored in the devices is increasingly being used to identify safety problems in cars and as evidence in traffic accidents and criminal cases. And the trove of data inside the boxes has raised privacy concerns, including questions about who owns the information, and what it can be used for, even as critics have raised questions about its reliability.
Click here to read the entire article, "A Black Box for Car Crashes" NY Times
Wednesday, August 10, 2011
Employee Penalized For Not Following Safety Rules
This ruling may have widespread application in many situations including distracted driving claims, where an employee sustains an accident while using a cell phone in violation of an employer's cell phone policy. The employer woud still remain responsible for the reduced award and, of course, subject to a 3rd part law suit by a potential 3rd party.
The reduction rule actually places fault back into the workers' compensation system which both violates the intent of the Act . Such a policy does not compensate for the reduced values (awards) anticipated and prescribed under the workers' compensation act. While the the logic seems to rational, the application further emasculates the intent of workers' compensation. It would be far more logical to put the cart before the horse, and work to prevent the unsafe work condition in the first place. Shifting responsibility to the injured worker is not consistent with the act's intent.
Thompson v. ICI American Holding, 2011 WL 3444008 (Mo.App. W.D.) Decided, August 9, 2011
For over 3 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.
Related articles
- National Cell Phone Ban Proposed by Congress (workers-compensation.blogspot.com)
- Employers Risks Increase From Cell Phone Use (workers-compensation.blogspot.com)
- Bad Faith Claims Maybe Going to the Jury (workers-compensation.blogspot.com)
- Distracted Driving Increases Workers' Compensation Risks (workers-compensation.blogspot.com)
- Cell Phones and Cancer: The Static in the Debate (workers-compensation.blogspot.com)
Saturday, July 30, 2011
Cell Phones and Cancer: The Static in the Debate
Microwave News reported:
Professor Franklin E. Mier, PhD, CID, Environmental and Occupational Health SciencesCUNY School of Public Health at Hunter College, commented:
"Each newly published study should be characterized in the context of previous studies, evaluated as a group. IARC characterized the body of evidence previous to the study reported here as "limited." Those who wish to make their own evaluation should read the IARC monograph in detail. Personally, I don't think the body of evidence will ever advance beyond "limited" evidence. Also, resources and media attention will continue to be devoted to restudying this exposure (as opposed to other exposures of concern) because rich people use cell phones.
Dramatically conflicting studies are now surfacing. The signal is not yet clear and the static will have to resolve before the causal connection between cell phone use and cancer can be ruled out.
- The Next Wave of Workers Compensation Claims: WHO Calls Cell Phones a Potential Cancer Risk (workers-compensation.blogspot.com)
- National Cell Phone Ban Proposed by Congress (workers-compensation.blogspot.com)
- Employers Face Liability For Cell Phone Accidents (workers-compensation.blogspot.com)
- Employers Face a Triple Legal Threat for Distracted Driving Claims (workers-compensation.blogspot.com)
- Distracted Driving Increases Workers' Compensation Risks (workers-compensation.blogspot.com)
- Experts: Cell phone cancer risk needs more study (cbsnews.com)
- San Francisco passes cell phone radiation law, but what's the risk? (cnn.com)
Thursday, February 16, 2012
Distracted Driving: Federal Guidelines Proposed For Automakers
See: U.S. Department of Transportation Proposes ‘Distraction’ Guidelines for Automakers
"Issued by the Department’s National Highway Traffic Safety Administration (NHTSA), the guidelines would establish specific recommended criteria for electronic devices installed in vehicles at the time they are manufactured that require visual or manual operation by drivers. The announcement of the guidelines comes just days after President Obama’s FY 2013 budget request, which includes $330 million over six years for distracted driving programs that increase awareness of the issue and encourage stakeholders to take action. "
Related articles
- Gov't to carmakers: Harness dashboard technology (sfgate.com)
- National Highway Safety Board To All States: Ban Cellphone Use in Vehicles (workers-compensation.blogspot.com)
- Federal Cell Phone Rules Compliance Guide Published (workers-compensation.blogspot.com)
- Cell Phones Usage For Commercial Interstate Drivers to be Banned (workers-compensation.blogspot.com)
Thursday, July 7, 2011
Distracted Driving Increases Workers' Compensation Risks
Related articles
- Employers Face Liability For Cell Phone Accidents (workers-compensation.blogspot.com)
- National Cell Phone Ban Proposed by Congress (workers-compensation.blogspot.com)
Monday, April 14, 2014
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... |
Related articles:
Thursday, April 29, 2010
Put It Down - Friday April 30th
The US Department of Transportation in conjunction with a campaign by Oprah Winfrey has declared Friday, April 30th a phone free day in motor vehicles.
To read more on distracted driving activity and workers’ compensation, click here.
Thursday, January 19, 2012
Federal Cell Phone Rules Compliance Guide Published
As the Rules take effect is is anticipated that many states will adapt these changes. For those who use prohibited devices in the course of their employment and are involved in accidents may ultimately be denied workers' compensation benefits and employer liability will result. ZoomSafer has now published a compliance guide.
See: FMCSA Cell Phone Rules: A Compliance Guide for Truck and Bus Fleets
Related articles
- Cell Phones Usage For Commercial Interstate Drivers to be Banned (workers-compensation.blogspot.com)
- NHTSA Revises Methods for Distracted-Driving Data Collection (news.onlineautoinsurance.com)
- NTSB Advocates Adoption of Cell-Phone Ban in All 50 States (news.onlineautoinsurance.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:
|
Friday, November 18, 2011
WorldDay of Remembrance for Road Traffic Victims — November 20, 2011
References
- World Health Organization. Global status report on road safety: time for action. Geneva, Switzerland: World Health Organization; 2009.
- CDC. Launch of Decade of Action for Global Road Safety---May 11, 2011. MMWR 2011;60:554.
For over 3 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.
Related articles
- Truck Crash Kills 11 (workers-compensation.blogspot.com)
- Summary of Distracted Driving and Workers' Compensation Articles