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.

Related articles

• Why Texting-While-Driving Bans Don't Work (workers-compensation.blogspot.com)
• Truck driver was looking at phone in deadly crash (workers-compensation.blogspot.com)
• Stephen Colbert Chides Walmart For Employee Food Drive (workers-compensation.blogspot.com)
• Truck Driver Safety and Health (workers-compensation.blogspot.com)
• "Stand By Your Pan": Cook Safely This Thanksgiving to Prevent Kitchen Fires (workers-compensation.blogspot.com)
• Is Walmart's request of associates to help provide Thanksgiving dinner for co-workers proof of low wages? (workers-compensation.blogspot.com)
• Truckers say new HOS rule has increased their fatigue: survey (workers-compensation.blogspot.com)
• Woman was texting and driving when she caused fatal crash with trucker (workers-compensation.blogspot.com)

NJ Braces For Winter Weather --- Snow

Workers traveling the NJ highways tonight and tomorrow need to stay informed of the weather service announcements closely as an urgent Winter Weather Message has been issued for an anticipated winter storm.

URGENT - WINTER WEATHER MESSAGE 

NATIONAL WEATHER SERVICE MOUNT HOLLY NJ 

355 PM EST THU JAN 5 2017 

 ...LIGHT SNOW TO AFFECT THE AREA TONIGHT...FOLLOWED BY A POTENTIAL FOR A MORE SIGNIFICANT WINTER STORM PARTICULARLY NEAR THE COAST IN SOUTHERN PORTIONS OF DELAWARE AND NEW JERSEY LATE FRIDAY NIGHT INTO SATURDAY..."

OSHA has made the following suggestions to employers and employees to prepare for winter weather hazards:

Winter Driving

Although employers cannot control roadway conditions, they can promote safe driving behavior by ensuring workers: recognize the hazards of winter weather driving, for example, driving on snow/ice covered roads; are properly trained for driving in winter weather conditions; and are licensed (as applicable) for the vehicles they operate. For information about driving safely during the winter, visit OSHA's Safe Winter Driving page.

Employers should set and enforce driver safety policies. Employers should also implement an effective maintenance program for all vehicles and mechanized equipment that workers are required to operate. Crashes can be avoided. Learn more at: Motor Vehicle Safety (OSHA Safety and Health Topic’s Page).

Employers should ensure properly trained workers' inspect the following vehicle systems to determine if they are working properly:

• Brakes: Brakes should provide even and balanced braking. Also check that brake fluid is at the proper level.
• Cooling System: Ensure a proper mixture of 50/50 antifreeze and water in the cooling system at the proper level.
• Electrical System: Check the ignition system and make sure that the battery is fully charged and that the connections are clean. Check that the alternator belt is in good condition with proper tension.
• Engine: Inspect all engine systems.
• Exhaust System: Check exhaust for leaks and that all clamps and hangers are snug.
• Tires: Check for proper tread depth and no signs of damage or uneven wear. Check for proper tire inflation.
• Oil: Check that oil is at proper level.
• Visibility Systems: Inspect all exterior lights, defrosters (windshield and rear window), and wipers. Install winter windshield wipers.

An emergency kit with the following items is recommended in vehicles:

• Cellphone or two-way radio
• Windshield ice scraper
• Snow brush
• Flashlight with extra batteries
• Shovel
• Tow chain
• Traction aids (bag of sand or cat litter)
• Emergency flares
• Jumper cables
• Snacks
• Water
• Road maps
• Blankets, change of clothes

Work Zone Traffic Safety

Workers being struck by vehicles or mobile equipment lead to many work zone fatalities or injuries annually. Drivers may skid, or lose control of their vehicles more easily when driving on snow and/or ice covered roads. It is therefore, important to properly set up work zones with the traffic controls identified by signs, cones, barrels, and barriers, to protect workers. Workers exposed to vehicular traffic should wear the appropriate high visibility vest at all times, so that they can be visible to motorists (OSHA Letter of Interpretation, dated, August 5, 2009).

Learn more at: Work Zone Traffic Safety* (OSHA QuickCard™) and Highway Work Zones and Signs, Signals, and Barricades (OSHA Safety and Health Topics Page).

Stranded in a Vehicle

If you are stranded in a vehicle, stay in the vehicle. Call for emergency assistance if needed, response time may be slow in severe winter weather conditions. Notify your supervisor of your situation. Do not leave the vehicle to search for assistance unless help is visible within 100 yards. You may become disoriented and get lost in blowing and drifting snow. Display a trouble sign by hanging a brightly colored cloth on the vehicle’s radio antenna and raising the hood. Turn on the vehicle's engine for about 10 minutes each hour and run the heat to keep warm. Also, turn on the vehicle's dome light when the vehicle is running as an additional signal. Beware of carbon monoxide poisoning. Keep the exhaust pipe clear of snow, and open a downwind window slightly for ventilation.

Watch for signs of frostbite and hypothermia. Do minor exercises to maintain good blood circulation in your body. Clap hands and move arms and legs occasionally. Try not to stay in one position for too long. Stay awake, you will be less vulnerable to cold-related health problems. Use blankets, newspapers, maps, and even the removable car mats for added insulation. Avoid overexertion since cold weather puts an added strain on the heart. Unaccustomed exercise such as shoveling snow or pushing a vehicle can bring on a heart attack or make other medical conditions worse.  

Shoveling Snow

Shoveling snow can be a strenuous activity, particularly because cold weather can be tasking on the body. There is a potential for exhaustion, dehydration, back injuries, or heart attacks. During snow removal in addition to following the tips for avoiding cold stress, such as taking frequent breaks in warm areas, there are other precautions workers can take to avoid injuries. Workers should warm-up before the activity, scoop small amounts of snow at a time and where possible, push the snow instead of lifting it. The use of proper lifting technique is necessary to avoid back and other injuries when shoveling snow: keep the back straight, lift with the legs and do not turn or twist the body.

Using Powered Equipment like Snow Blowers

It is important to make sure that powered equipment, such as snow blowers are properly grounded to protect workers from electric shocks or electrocutions. When performing maintenance or cleaning, make sure the equipment is properly guarded and is disconnected from power sources.

Snow blowers commonly cause lacerations or amputations when operators attempt to clear jams with the equipment turned on. Never attempt to clear a jam by hand. First, turn the snow blower off and wait for all moving parts to stop, and then use a long stick to clear wet snow or debris from the machine. Keep your hands and feet away from moving parts. Refuel a snow blower prior to starting the machine; do not add fuel when the equipment is running or when the engine is hot.

Clearing Snow from Roofs and Working at Heights

Employers must evaluate snow removal tasks for hazards and plan how to do the work safely. Workers should be aware of the potential for unexpected hazards due to the weather conditions, for example, layers of ice can form as the environmental temperature drops, making surfaces even more slippery. A surface that is weighed down by snow must be inspected by a competent person to determine if it is structurally safe for workers to access it, because it may be at risk of collapsing. Snow covered rooftops can hide hazards such as skylights that workers can fall through. Electrical hazards may also exist from overhead power lines or snow removal equipment.

Employers can protect workers from these hazardous work conditions, for example, by using snow removal methods that do not involve workers going on roofs, when and where possible. Employers should determine the right type of equipment (ladders, aerial lifts, etc.) and personal protective equipment (personal fall arrest systems, non-slip safety boots, etc.) for the job and ensure that workers are trained on how to properly use them. For more information, see OSHA's Hazard Alert: Falls and Other Hazards to Workers Removing Snow from Rooftops and Other Elevated Surfaces*.

Preventing Slips on Snow and Ice

To prevent slips, trips, and falls, employers should clear walking surfaces of snow and ice, and spread deicer, as quickly as possible after a winter storm. In addition, the following precautions will help reduce the likelihood of injuries:

• Wear proper footwear when walking on snow or ice is unavoidable, because it is especially treacherous. A pair of insulated and water resistant boots with good rubber treads is a must for walking during or after a winter storm. Keeping a pair of rubber over-shoes with good treads which fit over your street shoes is a good idea during the winter months.
• Take short steps and walk at a slower pace so you can react quickly to a change in traction, when walking on an icy or snow-covered walkway.

Repairing Downed or Damaged Power Lines

Repairing and/or replacing damaged power lines in severe winter weather conditions are especially hazardous. A major hazard is snow, because the moisture can reduce the insulation value of protective equipment, and could cause electrocution. In these conditions de-energized work is safer, but if energized work must be done, qualified workers and supervisors must first do a hazard analysis that includes evaluating the weather conditions and identifying how to safely do the job.

Other potential hazards include:

• Electrocution by contacting downed energized power lines, or contacting objects, such as broken tree limbs, in contact with downed energized power lines.
• Fires caused by an energized line or equipment failure.
• Being struck or crushed by falling tree limbs, collapsing poles, etc.

When working on downed or damaged power lines, electrical utility workers should use safe work practices, appropriate tools and equipment (including personal protective equipment (PPE)). Extra caution should be exercised when working in adverse weather conditions. Learn more at: Contact with Power Lines (OSHA Construction eTool).

Working Near Downed or Damaged power lines

Assume all power lines are energized and stay clear of any downed or damaged power lines. Establish a safe distance from power lines and report any incidents to the responsible authority. Only properly-trained electrical utility workers can handle damaged power lines. Learn more at: Contact with Power Lines (OSHA Construction eTool) and Working Safely Around Downed Electrical Wires* (OSHA Fact Sheet).

Removing Downed Trees

Clearing downed trees is a critical job during severe winter weather conditions. It is usually urgent to remove downed trees that block public roads and damage power lines. Emergency crews are often tasked with clearing downed trees.

Potential hazards include:

• Electrocution by contacting downed energized power lines or contacting broken tree limbs in contact with downed energized power lines. Learn more at: Line Clearance Tree Trimming Operations (OSHA Electric Power eTool).
• Falls from heights.
• Being injured by equipment such as chain saws (Chain Saw Safety* (OSHA QuickCard™)) and chippers (Chipper Machine Safety* (OSHA QuickCard™)).

Workers should wear PPE that protect them from the hazards of the tree removal tasks. Workers using chainsaws and chippers to clear downed trees should use: gloves, chaps, foot protection, eye protection, fall protection, hearing protection and head protection.

Only powered equipment designed for outdoor and wet conditions should be used. Use all equipment and tools (saws, chippers, etc.) properly and for the purpose that they are designed for. Ensure that equipment is always maintained in serviceable condition and inspected before use by a knowledgeable person that can identify any problems with the equipment. Do not use equipment that is not functioning properly. Equipment must have proper guarding (as applicable); safe guards must never be bypassed.  All controls and safety features must function as designed by the manufacturer. Learn more at: Tree Trimming and Removal* (OSHA QuickCard™).

Distracted Driving Accidents Echo Intoxication Caused Injuries

The New England Journal of Medicine reports that the activism against driving while intoxicated is beginning to be mirrored in distracted driving crashes. This parallel will probably cause workers' compensation courts and state legislature to shortly revisit the compensability of certain claims caused by employees who engage in distracted driving and will likely bar them from eligibility as workers compensation claims.


"As cell phone technology improved, texting while driving, which necessitates taking one’s eyes off the road, also became a major concern. The new term 'distracted driving' encompasses many behaviors that divert attention from driving, hampering awareness and performance and increasing risk."


The moral outrage being generated from distracted driving behavior will most likely mandate the imposition of technological changes to restrict cell phone use in moving vehicles. While that technology is being developed and deployed, workers and their employers should take heed of the growing public policy against such conduct.

Related articles

• When the Boss Calls (workers-compensation.blogspot.com)
• Employers Risks Increase From Cell Phone Use (workers-compensation.blogspot.com)
• Employers Face Liability For Cell Phone Accidents (workers-compensation.blogspot.com)
• National Cell Phone Ban Proposed by Congress (workers-compensation.blogspot.com)
• Police ticket 29 distracted drivers in Alberta over long weekend (calgaryherald.com)

Drowsy Driving and Risk Behaviors

English: An advisory sign on Interstate 15 in Utah near Mt. Nebo. It reminds drowsy drivers to get off the freeway. (Photo credit: Wikipedia)

CDC analyzed data regarding drowsy driving by selected characteristics, including sleep patterns and risk behaviors, from 92,102 adult survey respondents in 10 states and Puerto Rico in 2011–2012. Among the respondents, 4% reported having fallen asleep while driving in the previous 30 days. In addition to known risk factors, drowsy driving was more prevalent among men, younger drivers, binge drinkers, and among drivers who did not regularly use seatbelts compared with other respondents.

As many as 7,500 fatal motor vehicle crashes in the United States each year might involve drowsy driving, and 4.2% of adult respondents to a 2009–2010 survey reported falling asleep while driving at least once during the previous 30 days. Adults who reported usually sleeping ≤6 hours per day, snoring, or unintentionally falling asleep during the day were more likely to report falling asleep while driving than adults who did not.

Click here to read the complete study.

Related articles

• Detection and Prevention (workers-compensation.blogspot.com)
• Sleep Deprivation Is A Public Health Issue That's Deadlier Than You Think (workers-compensation.blogspot.com)
• Falling Asleep On The Job: Insufficient Sleep Is A Compensable Condition (workers-compensation.blogspot.com)
• Living with Safety this Thanksgiving (workers-compensation.blogspot.com)
• Why Texting-While-Driving Bans Don't Work (workers-compensation.blogspot.com)

Employers Face Liability For Cell Phone Accidents

Accidents resulting from the use of cell phones at work shift liability to to the employer. Todd Clement, an expert trial lawyer from Dallas TX, in a recent interview, explains why employers are going to paying damages for distracted driving accidents involving their employees.

Multiple claims can be made following a work-related distracted driving accident caused by an employee's use of a cell phone. Those claims include an action by an employee, the who used the cell phone, against the employer for workers' compensation benefits. Since the system is a "no fault" program, the employer becomes liable for the payment of benefits to the employee inclusing: temporary, medical and permanent benefits.

Claims can also be made by the passenger (co-employee) against the employer under the workers' compensation act. Also, anyone else injured may also file a liability claim against the employer for their employee's distracted driving conduct.

In some jurisdictions claims may also exist an employer directly by an employee for the employer's failure to maintain a safe workplace. In many jurisdictions, if The US Occupational Safety and Health Administration (OSHA) cites an employer for maintaining an unsafe workplace, the employee may also be subject to OSHA files. Those violations may also be evidence used against the employer to establish proof that the employee did indeed maintain an unsafe workplace.

Related articles

• Employers Face a Tripple Legal Threat for Distracted Driving Claims (workers-compensation.blogspot.com)
• OSHA To Fine Employers for Distracted Driving Accidents (workers-compensation.blogspot.com)
• CDC Urges Employers to Prohibit Cell Phone Use While Driving (workers-compensation.blogspot.com)
• Accidents Caused by Fatiguing Employment Require a Remedy (workers-compensation.blogspot.com)
• IARC To Issue Report on Cell Phones (workers-compensation.blogspot.com)
• Dr. David Michaels Discusses OSHA's Efforts to Stop Texting While Driving

Detection and Prevention

Driving while tired is equivalent to a DUI. Today's post was shared by NIOSH Transportation and comes from drowsydriving.org

DID YOU KNOW? 100,000 crashes each year are caused by fatigued drivers55% of drowsy driving crashes are caused by drivers less than 25 years oldBeing awake for 18 hours is equal to a blood alcohol concentration (BAC) of 0.08%, which is legally drunk and leaves you at equal risk for a crash How can you tell if you are “driving while drowsy”? Here are some signs that should tell a driver to stop and rest:* Difficulty focusing, frequent blinking, or heavy eyelids* Daydreaming; wandering/disconnected thoughts* Trouble remembering the last few miles driven; missing exits or traffic signs* Yawning repeatedly or rubbing your eyes* Trouble keeping your head up* Drifting from your lane, tailgating, or hitting a shoulder rumble strip* Feeling restless and irritable  Are You at Risk? Before you drive, check to see if you are:* Sleep-deprived or fatigued (6 hours of sleep or less triples your risk)* Suffering from sleep loss (insomnia), poor quality sleep, or a sleep debt* Driving long distances without proper rest breaks* Driving through the night, mid afternoon or when you would normally be asleep* Taking sedating medications (antidepressants, cold tablets, antihistamines)* Working more than 60 hours a week (increases your risk by 40%)* Working more than one job and your main job involves shift work* Drinking even small amounts of alcohol* Driving alone or on a long, rural, dark or boring road Specific At-Risk Groups The risk of having a crash due to drowsy driving is not...

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Found on

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.

A recent study by the Virginia Tech Transportation Institute (VTTI) has adds to mounds of data that the use of cell phone technology is a driving distraction. The study combined more than 6,000,000 miles of driving and causally relates the use of cell phone technology and the increased risk of motor vehicle accidents. The study concluded that merely dialing a cell phone while driving produces an accident risk of 2.8 times as high as a non-distracted driver. The use of a heavy vehicle or truck, normally used in commercial situations, increased rate of a risk of crash of 23.2 times as high as the non-distracted driver. The report concludes that “…..texting should be banned in moving vehicles for all drivers. “

“Given recent catastrophic crash events and disturbing trends, there is an alarming amount of misinformation and confusion regarding cell phone and texting use while behind the wheel of a vehicle. The findings from our research at VTTI can help begin to clear up these misconceptions as it is based on real world driving data. We conduct transportation safety research in an effort to equip the public with information that can save lives,” says Dr. Tom Dingus, director of the Virginia Tech Transportation Institute.

Workers’ compensation is based upon a no-fault system, and few defenses exist that bar recovery. Defenses such as intoxication or working under the influence of controlled dangerous substances may limit or bar recovery in many jurisdictions. Generally, if an accident or injury was the sole or proximate cause of the prohibitive activity, recovery will be denied.

Public outrage as to the findings of the VTTI study has quickly generated into proposed Federal legislation, by Sen. Charles E. Schumer (D. N.Y.) and three other Democrats, to ban the use of cell phones for texting while driving. Only 14 States have enacted progressive legislation to outright ban texting while driving.

Accidents and injuries at work have a devastating economic impact on a State’s economy. The study will assist State legislatures and courts to recognize that manual manipulation of phones, such as dialing and texting of the cell phone, results in a substantial increase in the risk of being involved in a safety critical event. Workers’ compensation benefits may be prohibited by statute for working while texting (WWT) . In the alternative Courts, may merely consider such events as a risk not associated with the employment, ie. a communication not related to employment or an employer prohibited activity, or, in some instances, a mere deviation from employment. Audits of wireless communication records will assist in providing a data trail.

The Center for Truck and Bus Safety at VTTI, by publishing the study, has made a significant contribution to workplace safety. The message has now been sent for action to be taken to eliminate this safety risk at work.

Federal Probe Requested of Illinois Workers Compensation Arbitrator

Illinois Senator Kyle McCarter (R-Lebonon) has called for a Federal probe into the alleged actions of the arbitrator who allegedly delayed the hearing of a controversial case involving a State Trooper who was involved in a fatal motor vehicle accident while texting and driving  at 126 miles per hour.

As a result of  his distracted driving two teenagers were killed in the accident. The state trooper pleaded guilty to two counts of reckless homicide last year. He has since resigned from his job.

Related articles

• Distracted Driving Workers Compensation Claim Draws Major Public Attention (workers-compensation.blogspot.com)
• NIOSH Supports Efforts to Ban Distracted Driving
• Cell Phone Safety and Workers Compensation
• The Trend to Exclude Distracted Driving from Workers Compensation Coverage
• Put it Down - Friday April 30th
• Driving While Distracted Compared to DUI
• Are Driving Distractions Within the Course of Employment?

CDC Urges Employers to Prohibit Cell Phone Use While Driving

The US Centers of Disease Control (CDC) released its annual census of work related fatalities and identified cell phone use as a major cause of employee deaths. 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 leading cause of occupational fatalities in the United States.


"What is added by this report?
Occupational highway transportation fatality rates declined 2.8% annually during 2003–2008, and groups at greatest risk for occupational highway transportation deaths (e.g., workers aged ≥55 years and truck occupants) differ from those identified for highway transportation deaths in the general motoring public.


"What are the implications for public health practice?
Employers need to know more about the fatality risks to workers from highway transportation crashes, and employer-based strategies (e.g., requiring the use of safety belts in fleet vehicles, restricting cellular telephone use while driving, and allowing for adequate travel time)

This is entirely consistent with findings reported by Jeffrey S. Hickman, Ph.D, of the Virginia Tech Transportation Institute.  A driver while texting has a 23.24 times chance of having a motor vehicle accident.

The new initiative by US OSHA to focus on both education and enforcement is a consistent and rational approach to lowering transportation fatalities. OSHA recently announced its intent to fine employers who permit and encourage texting while driving.

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

• OSHA To Fine Employers for Distracted Driving Accidents (workers-compensation.blogspot.com)
• Distracted Driving Workers Compensation Claim Draws Major Public Attention (workers-compensation.blogspot.com)
• Symposium on Prevention of Occupationally-Related Distracted Driving (workers-compensation.blogspot.com)
• OSHA at 40 (workers-compensation.blogspot.com)

Employers Face a Triple Legal Threat for Distracted Driving Claims

Employers usually make an "after the fact" reaction to cell phone use that the result in distracted driving accidents. The mounting liability for employers, a triple economic threat, may soon change their attitude to adopt an improved cell phone safety culture.

Employers who have no policy in-place or enforcement protocol, passive or active, seem to be in the majority according to a recently released survey conducted by ZoomSafer Inc. The company offers several products to actively stop cellphone use while driving. Their survey of over 500 business managers reveals that 32% of companies have knowledge or evidence of vehicle cashes that have occurred as a result of distractions stemming from employee use of cell phone while driving.  Of  the 54% of the companies with a defined cell phone policy, more than half, 27.3%, created that policy only after an incident occurred.

Employers are now faced with a triple threat of legal actions including: workers' compensation claims from their employees, liability law suits from the innocent individual who was injured, and now an OSHA fine. It is anticipated that these economic  factors will have a major impact in creating an improved cellphone safety culture.

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

• OSHA To Fine Employers for Distracted Driving Accidents (workers-compensation.blogspot.com)
• CDC Urges Employers to Prohibit Cell Phone Use While Driving (workers-compensation.blogspot.com)
• Click It or Ticket Campaign --- May 23--June 5, 2011 (workers-compensation.blogspot.com)
• MIT studies how age affects distracted driving (autoblog.com)

Daylight Savings: Suggestions to help workers adapt to the time change

Today's post is shared from cdc.gov/niosh:

Spring forward Fall back.

We all know the saying to help us remember to adjust our clocks for the daylight savings time changes (this Sunday in case you are wondering). But, what can we do to help workers adjust to the effects of the time change?  A few studies have examined these issues but many questions remain on this topic including the best strategies to cope with the time changes.

Driving While Distracted Compared to a DUI

A growing momentum is now taking hold that is comparing driving while distracted (DWD) to driving under the influence (DUI). Over 200 pieces of legislation have now been offered nation wide to prohibit such activities.

“People are starting to see it like drunk driving, and that’s the comparison we need to continue to make,” said Steve Farley, an Arizona state representative. The next step will be a determination whether State workers’ compensation law will consider the activity outside the course of employment or mandated by statute as  exclusion from coverage.

The NY Times has reports that 22% of all drivers talk of their phone while driving and DWD accounts for 2,600 deaths per year and 570,000 injuries.

To read more on distracted driving activity and workers’ compensation, click here.

April is Distracted Driving Awareness Month

April is National Distracted Driving Awareness Month, and from Virginia to California, the traffic safety community has a simple message for drivers: One Text or Call could Wreck it All.


Workers' Compensation Court will be challenged to deal with injuries caused by distracted driving especially as employers come on board and ban their use while driving and Federal Regulations prohibit such use.

Related articles

• April is National Distracted Driving Awareness Month (aarp.org)
• Are Cell Phones Only Distracting To "The Other Driver?" (detroit.cbslocal.com)
• Distracted drivers target of April crack down (abclocal.go.com)
• Workers Compensation: The Next Wave From California (workers-compensation.blogspot.com)
• Workers' Compensation: Are Second Injury Funds Going to be History Soon? (workers-compensation.blogspot.com)
• Workers Compensation Is Quietly Under Attack in America (workers-compensation.blogspot.com)
• Workers Compensation: A Cash Cow For Medical Providers (workers-compensation.blogspot.com)
• Trending: Opting-Out of Workers' Compensation (workers-compensation.blogspot.com)
• Distracted Driving: Federal Guidelines Proposed For Automakers (workers-compensation.blogspot.com)

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Distracted Driving Workers Compensation Claim Draws Major Public Attention

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 media attention. An effort to hold a hearing, "on the sly with no press," before the Illinois Workers' Compensation Commission is now receiving coverage by news organizations including; the Associated Press, the Belleville News Democrat, the Courthouse News Service, and the ABA Journal. 


Accidents caused by distracted driving are creating an emerging challenge for workers' compensation court to adjudicate. The National Institute for Occupational Safety and Health (NIOSH) is following the lead of the US Department of Labor by encouraging employers to ban cell phone use while operating vehicles. An outright prohibition and supporting legislation may lead to the prohibition of workers' compensation benefits in many jurisdictions in the near future unless more global and radical action is taken to re-mediate this dangerous activity.

The state trooper pleaded guilty to two counts of reckless homicide last year. He has since resigned from his job.


The attempt to conceal the hearing of the Illinois troop was the subject of internal e-mails reported by the Belleville News Democrat. Public commenting was removed from the on-line report because of abuses. No hearing date or location has been reported yet for the compensation hearing.

Related Articles:

NIOSH Supports Efforts to Ban Distracted Driving
Cell Phone Safety and Workers Compensation
The Trend to Exclude Distracted Driving from Workers Compensation Coverage
Put it Down - Friday April 30th
Driving While Distracted Compared to DUI
Are Driving Distractions Within the Course of Employment?
Employee Cell Phone Chat Results in $5.2 Million Payment to Widow by Employer

Woman was texting and driving when she caused fatal crash with trucker

Texting while driving creates an enhanced risk to millions of workers who carefully 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.

A Rahway woman who crashed into a pick-up on Routes 1&9 two weeks ago, killing the truck’s driver, has became the first person in Essex County to be charged with vehicular homicide allegedly caused by texting, Acting Essex County Prosecutor Carolyn Murray said. Jennifer Sahoye, 35, was initially charged with causing the Oct. 10 death of Carlos Carvalho, 58, while driving on a suspended license. But prosecutors say witnesses saw Sahoye texting when her Volvo sedan veered from the southbound express lanes of Routes 1&9, near the Route 78 interchange, into the southbound local lanes, striking Carvalho’s Ford pickup Carvalho, a welder, was on his way home from work. He was ejected from the truck after it flipped over and was pronounced dead at the scene. Prosecutors say their investigation, aided by witnesses who stopped after the crash, confirmed Sahoye was texting at the time of the crash. "A vehicle is a dangerous thing and driving requires the full attention of the driver," said Thomas Fennelly, the chief assistant prosecutor for Essex County. "Texting can take one's eyes off the road." Carvalho's family did not find out Sahoye was alleged to be...

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Cell Phone Safety and Workers Compensation

Workers' Compensation benefits may soon be denied to employees involved in motor vehicle accidents because of the unauthorized use of cell phones while driving within the course of their employment. As the US Department of Transportation (USDOT) continues to educate Americans with overwhelming statistical evidence that distracted driving is a major cause of accident, the denial of benefits to cell phone users may become a major incentive to create a safer work environment.

Meanwhile, the US Department of Transportation is leaning toward banning all use of cell phones by drivers. At the second national USDOT summit on the increased hazards of the use of cell technology  a major campaign was launched to encourage employers to outright  ban the use of cell phones by employees while working.

Employers have become increasingly concerned over employee "cognitive distraction" caused by the use of cell phones in motor vehicles as more data has become available associating driver cell phone use with accidents. Methods of enforcement will include the use of traffic cameras as the system already hss the capability of detecting drivers who are using telephones while driving. Evidentially, telephone billing records produced post accident can be used to corroborate the fact that an employee was using a telephone while working.

The precedent of using the workers compensation acts to make occupational environments safer is already established. The denial of workers' compensation benefits for unsafe actions by employees has previously been incorporated into law and has been an economic incentively for employers to reduce costs. Employees who are under the influence of drugs or alcohol, and those who fail to use employer provided safety devices, have already been denied benefits in some jurisdictions.

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 work related accident and injuries.

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Trucker charged with vehicular homicide after alleged cellphone use led to fatal crash in Carlstadt

Today's post is shared from northjersey.com

In what authorities say is one of the first cases of its kind, a tractor-trailer driver who caused a fatal accident in Carlstadt two months ago has been charged with vehicular homicide and lying to police about using a cellphone at the time, authorities said Friday.

Henry Flores, 55, was making phone calls and operating the touch screen on his smartphone when his 1996 Kenworth truck slammed into the back of a vehicle slowing down for traffic in the southbound lanes on the New Jersey Turnpike just before 5 p.m. on June 9, authorities said. They said the crash led to a chain collision involving several vehicles.

Motorist Jeffrey Humphrey, 43, of Harrison — a musician and an audio engineer who had two daughters — was killed in the crash, and several others were injured, authorities said.

State Police said that Flores was arrested Thursday at his residence in Union City. However, Bergen County Prosecutor John Molinelli said Flores has been living in Netcong.

A little less than three months before the accident, Flores was ticketed on March 22 for driving while using a cellphone in Union City, according to state Motor Vehicle Commission records. His record shows a total of 19 driving violations, five in New Jersey, including operating while suspended, speeding, careless driving, and unsafe operation of a motor vehicle.
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