OSHA releases workplace injury and illness information

Data represents administration's "Open Government" policy

 Every year since 1996 the Occupational Safety and Health Administration (OSHA) has collected work-related injury and illness data from more than 80,000 employers. For the first time, the Agency has made the data from 1996 to 2007 available in a searchable online database, allowing the public to look at establishment or industry-specific injury and illness data. The workplace injury and illness data is available at http://www.osha.gov/pls/odi/establishment_search.html as well as Data.gov.

OSHA uses the data to calculate injury and illness incidence rates to guide its strategic management plan and to focus its Site Specific Targeting (SST) Program, which the agency uses to target its inspections.

"Making injury and illness information available to the public is part of OSHA's response to the administration's commitment to make government more transparent to the American people," said David Michaels, Assistant Secretary of Labor for OSHA. "This effort will improve the public's accessibility to workplace safety and health data and ensure the Agency can function more effectively for American workers."

Information available at the Data.gov and www.osha.gov Websites includes an establishment's name, address, industry, associated Total Case Rate (TCR), Days Away, Restricted, Transfer (DART) case rate, and the Days Away From Work (DAFWII) case rate. The data is specific to the establishments that provided OSHA with valid data through the 2008 data collection (collection of CY 2007 data). This database does not contain rates calculated by OSHA for establishments that submitted suspect or unreliable data.

Data.gov provides expanded public access to valuable workforce-related data generated by the Executive Branch of the federal government. Although the initial launch of Data.gov provides a limited portion of the rich variety of Federal datasets presently available, the public is invited to participate in shaping the future of Data.gov by suggesting additional datasets and site enhancements to provide seamless public access and use of federal data.

More information about the Department of Labor's Open Government Web site is available athttp://www.dol.gov/open/ where there are links to the latest data sets, ways to connect with Department staff, and information about providing public input that will make the Department's site and its work more useful and engaging.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov

SeaWorld Safety Investigation Expanded by OSHA

Safety at SeaWorld continues to be an issue. OSHA has expanded a new investigation concerning the exposure of trainers to struck by and drowning hazards when engaged in performances with killer whales.

The U.S. Department of Labor's Occupational Safety and Health Administration has filed a petition against SeaWorld of Florida LLC to comply with administrative subpoenas that require SeaWorld to provide three managers to be interviewed during OSHA's follow-up abatement inspection. SeaWorld has declined to provide personnel to answer questions regarding abatement or correction of a prior violation related to trainers' exposure to struck-by and drowning hazards when engaged in performances with killer whales.

"The employee testimony for the follow-up abatement inspection, required by a subpoena, allows OSHA inspectors to determine if SeaWorld employees continue to be exposed to unsafe and unhealthy working conditions," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Abating safety and health hazards in the workplace needs to be as important to an employer as recognizing the hazards in the first place."

The follow-up inspection is being conducted as a result of previous violations that OSHA identified after a February 2010 drowning of a trainer who was grabbed and pulled under the water by a six-ton killer whale during what SeaWorld described as a "relationship session." In August 2010, OSHA issued SeaWorld citations related to the incident. SeaWorld contested OSHA's proposed violations and penalties.

A trial was held by the Occupational Safety and Health Review Commission, and in June an administrative law judge upheld OSHA's citations against SeaWorld. Subsequently, SeaWorld was required to abate cited hazards, including those specifically related to trainers working in proximity to the killer whales. However, since the order went into effect, SeaWorld has filed a petition with the review commission seeking additional time to abate the violation regarding trainers' interaction with killer whales. SeaWorld maintains that the petition, which is pending resolution, should restrict the scope of OSHA's follow-up inspection.

The enforcement action has been filed in the U.S. District Court for the Middle of Florida, Orlando Division by the department's Atlanta Regional Solicitor's Office.

Read more about "SeaWorld" and safety issues:

SeaWorld killer whale attacks expose incomplete incident reporting

Sep 25, 2011

This week a trial began in Florida between SeaWorld theme parks and the Occupational Safety and Health Administration(OSHA). The trial is over several citations and a fine stemming from incidents in which killer whales ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Making a Fatal Circus Out of Safety

Feb 27, 2010

The terrible and tragic death of Daum Brancheau, the trainer who was attacked at SeaWorld by a killer whale, provides striking evidence that the present system, to make the workplace safer, is not working. The corporate ...

http://workers-compensation.blogspot.com/

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OSHA launches national dialogue on hazardous chemical exposures and permissible exposure limits in the workplace

The U.S. Department of Labor's Occupational Safety and Health Administration today announced it is launching a national dialogue with stakeholders on ways to prevent work-related illness caused by exposure to hazardous substances. The first stage of this dialogue is a request for information on the management of hazardous chemical exposures in the workplace and strategies for updating permissible exposure limits.

OSHA's PELs, which are regulatory limits on the amount or concentration of a substance in the air, are intended to protect workers against the adverse health effects of exposure to hazardous substances. Ninety-five percent of OSHA's current PELs, which cover fewer than 500 chemicals, have not been updated since their adoption in 1971. The agency's current PELs cover only a small fraction of the tens of thousands of chemicals used in commerce, many of which are suspected of being harmful. Substantial resources are required to issue new exposure limits or update existing workplace exposure limits, as courts have required complex analyses for each proposed PEL.

"Many of our chemical exposure standards are dangerously out of date and do not adequately protect workers," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "While we will continue to work on updating our workplace exposure limits, we are asking public health experts, chemical manufacturers, employers, unions and others committed to preventing workplace illnesses to help us identify new approaches to address chemical hazards."

OSHA is seeking public comment regarding current practices and future methods for updating PELs, as well as new strategies for better protecting workers from hazardous chemical exposures. Specifically, the agency requests suggestions on:
possible streamlined approaches for risk assessment and feasibility analyses and
alternative approaches for managing chemical exposures, including control banding, task-based approaches and informed substitution.

The goal of this public dialogue is to give stakeholders a forum to develop innovative, effective approaches to improve the health of workers in the United States. In the coming months, OSHA will announce additional ways for members of the public to participate in the conversation.

The comment period for the RFI will continue for 180 days. Instructions for submitting comments are available in the Federal Register, Docket No. OSHA-2012-0023, at https://federalregister.gov/a/2014-24009. For more information, please visit the OSHA Chemical Management Request for Information Web page athttp://www.osha.gov/chemicalmanagement/index.html.

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The workers’ compensation system is broken — and it’s driving people into poverty

There’s a good news/bad news situation for occupational injuries in the United States: Fewer people are getting hurt on the job. But those who do are getting less help.

That’s according to a couple of important new reports out Wednesday on how the system for cleaning up workplace accidents is broken -- both because of the changing circumstances of the people who are getting injured, and the disintegration of programs that are supposed to pay for them.

The first comes from the Department of Labor, which aims to tie the 3 million workplace injuries reported per year -- the number is actually much higher, because many workers fear raising the issue with their employers -- into the ongoing national conversation about inequality. In an overview of research on the topic, the agency finds that low-wage workers (especially Latinos) have disproportionately high injury rates, and that injuries can slice 15 percent off a person’s earnings over 10 years after the accident.





“Income inequality is a very active conversation led by the White House,” David Michaels, director of the Occupational Health and Safety Administration, said in an interview. “Injuries are knocking many families out of the middle class, and block many low-wage workers from getting out of poverty. So we think it’s an important component of this conversation.”

There are two main components to the financial implications of a workplace injury. The first is the legal...


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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.

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Under New Federal Rules, Employers Will Have to Report All Amputations

Today's post was shared by Steven Greenhouse and comes from www.businessweek.com

The Occupational Safety and Health Administration is moving ahead with a rule change that will require companies to notify the agency whenever an employee is hospitalized for an on-the-job injury or suffers an amputation or the loss of an eye at work. Right now, companies have to notify OSHA only when a work accident kills a worker or gets at least three employees hospitalized. “The updated record-keeping and reporting requirements are not simply paperwork, but have an important—in fact lifesaving—purpose,” Assistant Secretary of Labor for Occupational Safety and Health David Michaels told reporters during a conference call announcing the issuance of the final rule. “They will enable employers and workers to prevent future injuries by identifying and eliminating the most serious workplace hazards: ones that have already caused injuries to occur.” The new rules, a version of which was formally proposed three years ago, are scheduled to take effect on Jan. 1. They have drawn criticism from industry groups that contend they will burden businesses without doing anything to help workers. The new reporting requirements, says Marc Freedman, who directs labor law policy for the U.S. Chamber of Commerce, will “generate much traffic to OSHA that I don’t think they’re going to have any real use for.” The Labor Department...

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EPA to Demolish Contaminated Building at Toxic Superfund Site in Garfield, N.J

U.S. Environmental Protection Agency Regional Administrator Judith A. Enck was joined today by New Jersey Senator Frank R. Lautenberg, Senator Robert Menendez and Congressmember Bill Pascrell, Jr. as she announced that the EPA will safely demolish the E.C. Electroplating building at the Garfield Superfund site in Garfield, New Jersey. The building, located at 125 Clark Street, is contaminated with hexavalent chromium that is reaching the basements of some area residences and businesses through the ground water. Hexavalent chromium is extremely toxic, may cause cancer and can cause nervous system damage. The Regional Administrator and members of Congress were joined by Garfield Mayor Joseph Delaney, local officials and community members to review progress and discuss the ongoing Superfund cleanup at the former electroplating facility.

“The EPA has done a great deal of work since 2002 to reduce the health risks to the people who live and work in the area of Garfield affected by chromium contaminated ground water,” said EPA Regional Administrator Judith A. Enck. “Today we’re pleased to announce that we’re ready to take a step forward in the long-term cleanup of the Garfield Superfund site.”

Preliminary sampling shows that parts of the E.C. Electroplating building, its two basements and the soil located under the structure are contaminated with the chemical hexavalent chromium. The structure needs to be demolished in order to properly dispose of the contaminated sections of the building and to remove the contaminated soil underneath. The EPA tested the industrial materials left at the former E.C. Electroplating and will safely remove and properly disposed of them at licensed facilities.

The EPA is currently preparing the building for demolition by removing over 220 drums and cleaning the building surface. The agency will work closely with local officials to determine the best time to do the demolition and will hold a community meeting before demolition begins to inform area residents and building owners about the work. Strict procedures will be followed to control dust during the demolition, with special attention paid to the Garfield No.7 School and to a daycare center located near the site. The EPA will establish an air monitoring network to ensure that contamination is contained during the demolition work. The air monitoring plan will be shared with the public before work begins. The demolition work is presently scheduled to take place in October.

Ground water underlying the site is also contaminated with the hexavalent chromium and is seeping into basements in some Garfield homes and businesses. Drinking water for Garfield comes from the Garfield Municipal Water Supply, which is not contaminated and is routinely tested to ensure that it meets federal and state drinking water standards, which it does.

The Garfield Superfund site, which is located in a mixed commercial and residential neighborhood, is bordered by Van Winkle Avenue to the north, Monroe Street to the south, Sherman Place to the east, and the Passaic River to the West. Historically, industrial facilities in Garfield were located in close proximity to residential areas, including a tannery, a chemical plant and two electroplating companies. Some of these facilities used hexavalent chromium in their processes and the nearby ground water is now contaminated with the chemical. In June 1993, water containing hexavalent chromium and dried crystals of chromium was discovered in the basement of Garfield Fire House #3. In 2002, at the request of the New Jersey Department of Environmental Protection, the EPA began its investigation of ground water contamination in Garfield.

In September 2010, the federal Agency for Toxic Substances and Disease Registry issued a health advisory recommending that the EPA continue to take steps to minimize people’s exposure to the contamination and that it expedite a long-term cleanup. The site was added to the federal Superfund list in 2011.

The EPA used its Superfund’s emergency response authority in Garfield to address the immediate health threats in properties where ground water had carried hexavalent chromium into basements. Over 500 homes and businesses have been inspected for hexavalent chromium contamination and over 2,000 samples have been analyzed. The EPA has found about 15 properties that require cleanups to protect occupants from unacceptable levels of chromium that have seeped into their basements. The EPA has an ongoing inspection and assessment program to assist any concerned residents within the impacted area.

The EPA has established a network of ground water monitoring wells to determine the extent of chromium contamination in the ground water. This in-depth investigation will allow the EPA to determine how best to clean up chromium contaminated ground water.

Superfund is the federal cleanup program established by Congress in 1980 to investigate and clean up the country’s most hazardous waste sites. When sites are placed on the Superfund list, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups. In this instance, the EPA has identified E.C. Electroplating as a company that may be liable for the cleanup. The company, however, alleges it lacks funds to conduct any cleanup. To date, the EPA’s cleanup costs for this site exceed four* *million dollars. The EPA is continuing its search for other parties responsible for the contamination at the site.

For more information about the Garfield site, visit: http://www.epa.gov/region2/superfund/removal/garfield.

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.

Articles About Chromium

The Time for a Hexavalent Chromium Safety Standard Is Now

Nov 23, 2010

EPA announced the release of the Toxicological Review of Hexavalent Chromium in the September 30, 2010, Federal Register. This draft assessment is provided for public viewing and comment. Public comments received on ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Soldiers Exposed to Chromium in Iraq File ...

Jun 09, 2009

Soldiers Exposed to Chromium in Iraq File Suit. Soldiers who have been exposed to hexavalent chromium, a carcinogen, have filed suit against a government contractor. The present and former soldiers have brought a claims ...

http://workers-compensation.blogspot.com/

Defense Department to Investigate Hexavalent Chromium Exposure ...

Oct 03, 2009

Chromium exposure has been associated with lung cancer. Breathing high levels of hexavalent chromium can irritate or damage the nose, throat, and lungs. Irritation or damage to the eyes and skin can occur if hexavalent ...

http://workers-compensation.blogspot.com/

New OSHA Booklet Sets Forth Hexavalent Chromium Standard

Jan 14, 2010

"Hexavalent chromium is a powerful lung carcinogen and exposure to this chemical must be minimized," said Assistant Secretary of Labor for OSHA David Michaels. "OSHA provides guidance on its standards to ensure that ...

http://workers-compensation.blogspot.com/

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OSHA: 50% of Employers Not Reporting Serious Injuries

Some employers are not reporting severe work-related injuries according to the US Occupational Safety and Health Administration (OSHA). Over 50% or more are not being reported. 

OSHA's Distracted Driving Initiative

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

Welcome to OSHA's Distracted Driving Page! Check out the agency's new distracted driving business brochure on OSHA's publications page.   View winning student-produced public service announcement, "Texting and Driving," from Oregon OSHA co-sponsored video contest to promote young worker safety and health. Read news release [48 KB PDF, 2 pages]. OSHA partners in conference on distracted driving OSHA Assistant Secretary David Michaels spoke at the Symposium on Prevention of Occupationally-Related Distracted Driving held April 18, 2011, in Laurel, Md. Distracted driving, including texting while driving and cell phone use, is a major cause of motor vehicle crashes. This symposium brought together a variety of stakeholders interested in reducing work-related driving distractions and generated recommendations for action, including new directions for research. The Johns Hopkins Education and Research Center for Occupational Safety and Health and the National Institute for Occupational Safety and Health in partnership with OSHA, the Department of Transportation and the Johns Hopkins Center for Injury Research and Policy hosted the symposium which included presentations, interactive discussions, opportunities for networking and demonstrations of training materials. U.S. Department of Labor Assistant Secretary for Occupational Safety and Health Washington, D.C. 20210 October 4, 2010 Dear Employer: Distracted driving has become an epidemic in the United States, and its often fatal...

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Halting Workplace COVID-19 Transmission: An Urgent Proposal to Protect American Workers

A report authored by David Michaels and Gregory R Wagner and published by The Century Foundation highlights the actions needed to strengthen The Occupational Safety and Health Administration {OSHA] in order to make workplaces safer. Today’s post is shared from tif.og

OSHA continues extensive public engagement on silica proposal Public hearings held March 18 - April 4

The Occupational Safety and Health Administration today began holding public hearings for the notice of proposed rulemaking on occupational exposure to crystalline silica. This marks the beginning of an intensive three weeks of public comment on the proposal, with hearings scheduled through Friday, April 4.

"We look forward to receiving feedback from our stakeholders on our proposal, and we're grateful for the continuing high level of public engagement throughout the rulemaking," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This is an open process and the input we receive will help us ensure that a final rule adequately protects workers, is feasible for employers, and is based on the best available evidence."

OSHA's proposed rule seeks to lower worker exposure to crystalline silica, which causes silicosis, an incurable lung disease. Leading scientific organizations, including the American Cancer Society, have also confirmed the causal relationship between silica and lung cancer. The proposal is based on extensive review of scientific and technical evidence, consideration of current industry consensus standards and consultation with stakeholders.

Members of the public may attend the sessions to listen to testimony from OSHA and other hearing participants. To learn more about the hearing procedures, visit http://www.osha.gov/silica/hearing_procedures.html. To view the hearing schedule, visithttp://www.osha.gov/silica/hearing_schedule.html. Members of the public who filed a timely written notice of intention to appear can also ask questions of agency officials and other witnesses during the hearing. Following the hearings, OSHA will publish a transcript of the hearings and make it available to the public in the rulemaking docket, and hearing participants will have an opportunity to submit additional evidence and comments.

Published in the Federal Register on Sept. 12, 2013, OSHA's Notice of Proposed Rulemaking on Occupational Exposure to Crystalline Silicaaims to update the inconsistent and outdated permissible exposure limits for crystalline silica in general industry, construction and shipyards, as well as to establish other provisions to better protect workers. Additional information on the proposed rule, including five fact sheets, is available at http://www.osha.gov/silica/.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Is the workers' compensation system ready for the COVID-19 [coronavirus] virus? Live Updates

It seems that every decade a new pandemic emerges on the world scene, and complacency continues to exist in the workers’ compensation arena to meet the emerging challenges of infectious disease.

Wisconsin shipyard faces nearly $1.4M in OSHA penalties for exposing workers to lead, and other hazards

OSHA finds workers exposed to lead at levels up to 20 times the permissible exposure limit

SUPERIOR, Wis. - Federal health inspectors found Fraser Shipyards Inc. overexposed workers to lead during the retrofitting of a ship's engine room. The U.S. Department of Labor's Occupational Safety and Health Administration's sampling results determined 14 workers had lead levels up to 20 times the exposure limit. The agency also found workers exposed to other heavy metals.

OSHA Releases 15 Years Worth of Valuable Measurement Data

The US Occupational Safety and Health Administration has released 15 years worth of measurement data and has placed the information on-line for easy access. This Chemical Exposure Health Data is comprised of measurements taken during the course of Occupational Safety and Health Administration (OSHA) inspections and includes exposure levels to hazardous chemicals including asbestos, benzene, beryllium, cadmium, lead, nickel, silica, and others. 


Dr. David Michaels is the Assistant Secretary for the Occupational Safety and Health Administration, U.S. Department of Labor., stated that "....Making this dataset available to the public for the first time will offer new insight into the levels of toxic chemicals commonly found in workplaces, as well as how exposures to specific chemicals are distributed across industries, geographical areas and time. This information will ultimately lead to a more robust and focused debate on what still needs to be done to protect workers in all sectors, especially in the chemical industry."


To read more about health care and workers' compensation click here.

US Publishes Guidelines to Minimize Distracted Driving

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 visual-manual distraction - the greatest safety risk to drivers in NHTSA's new study

U.S. Transportation Secretary Ray LaHood today released distraction guidelines that

encourage automobile manufacturers to limit the distraction risk connected to electronic devices built into their vehicles, such as communications, entertainment and navigation devices.

"Distracted driving is a deadly epidemic that has devastating consequences on our nation's roadways," said Secretary LaHood. "These guidelines recognize that today's drivers appreciate technology, while providing automakers with a way to balance the innovation consumers want with the safety we all need. Combined with good laws, good enforcement and good education, these guidelines can save lives."

US Department of Labor’s OSHA cites C.A. Franc $539,000 for willful fall hazard violations

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has fined the C.A. Franc construction company $539,000 following the investigation of a roofing worker who fell 40 feet to his death at a Washington worksite. The Valencia, Pa.-based roof installer – whose owner is Christopher A. Franc – was cited for 10 per instance willful citations for failing to protect workers from falls.

“Mr. Franc knowingly and willfully failed to protect his workers from falling to their death,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Despite repeated requests from workers that he provide fall protection, on this step roof, Mr. Franc refused to provide readily available protection. We will not tolerate this type of blatant and egregious disregard for the health and safety of workers.”

OSHA began its investigation immediately following the worker’s death on Aug. 15, 2009, and found the C.A. Franc company had failed to provide any fall protection to its employees working on a pitched roof 40 feet off the ground. In addition, Mr. Franc failed to train a newly hired college student in hazards and the necessary safety measures for roofing work. As a result of the investigation, the company has been cited for 10 alleged per-instance willful violations, one for each employee working unprotected on the roof, with a proposed penalty of $490,000, and one additional alleged willful violation for failing to train the new employee, with a penalty of $49,000.

General contractor Hospitality Builders Inc. also has been cited with one willful violation and a proposed penalty of $70,000 for failing to ensure that C.A. Franc workers had fall protection.

“This fall fatality was one of five that occurred during a 15-day span in the Pittsburgh area,” said John M. Hermanson, OSHA’s regional administrator in Philadelphia, Pa. “Falls are the leading cause of fatalities in the construction industry. Failure to provide employees with fall protection is unconscionable. We urge construction companies to take the necessary action to ensure their workers are protected.”

OSHA defines a willful violation as one committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to employee safety and health. Detailed information about fall hazards and safeguards is available on OSHA’s Web site athttp://www.osha.gov/SLTC/fallprotection/construction.html.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA’s Pittsburgh Area Office; telephone: 412-395-4903. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.

In a related criminal charge, Christopher A. Franc today entered a guilty plea in federal court to a violation of 29 U. S. C. Section 666(e). Sentencing is scheduled for June 18.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, outreach, education and assistance. For more information, visit http://www.osha.gov.

Click here to red more about OSHA and workplace accidents and illnesses.

Norfolk Southern Railway Co. ordered by US Labor Department's OSHA to pay $1.1 million after terminating 3 workers for reporting injuries

Norfolk Southern Railway Co. has been ordered to pay $1,121,099 to three workers following an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration, which found that the company violated the whistleblower provisions of the Federal Railroad Safety Act. Two investigations, conducted by OSHA staff in Chicago and Pittsburgh, found that three employees were wrongfully fired for reporting workplace injuries. In addition to monetary remedies, the company has been ordered to expunge the disciplinary records of the three whistleblowers, post a notice regarding employees' whistleblower protection rights under the FRSA and train workers on these rights.

Railroad carriers are subject to the FRSA, which protects employees who report violations of any federal law, rule or regulation relating to railroad safety or security, or who engage in other protected activities.

"The Labor Department continues to find serious whistleblower violations at Norfolk Southern, and we will be steadfast in our defense of a worker's right to a safe job – including his or her right to report injuries," said acting Secretary of Labor Seth D. Harris. "When workers can't report safety concerns on the job without fear of retaliation, worker safety and health suffer, which costs working families and businesses alike."

A Real Mess

Corporate fraud is a major problem in the workers' compensation system.Today's guest post authored by David Depaola is shared from http://daviddepaolo.blogspot.com and highlights a very serious problem with the nation'a workers' compensation system. What do Oklahoma, New York, Washington, Kentucky and Florida have in common? If it's workers' compensation, then the connection is a far reaching scheme involving millions of dollars, failed insurance companies and professional employer organizations. A federal grand jury in New York back in October 2012 indicted Wilbur Anthony Huff, principal behind a couple of professional employer organizations, Matthew Morris, Park Avenue Bank's former senior vice  president, and Allen Reichman, the former director of investments at New York investment house Oppenheimer & Co.  that Huff and Morris engaged with former bank president and Chief Executive Officer Charles Antonucci in an elaborate conspiracy to plunder Park Avenue Property and Casualty, formerly known as Providence Property and Casualty Insurance Co., and its subsidiary, Imperial Casualty and Indemnity, and artificially inflate the bank's assets to secure funding from the federal Troubled Asset Relief Program. U.S. Attorney Preet Bharara said in a press release that Huff, who secretly controlled South Florida PEOs O2HR and Certified HR Services, was at the "vortex of fraud" in a series of schemes involving more than $100...

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Read more about "corporate fraud" and workers' compensation:

OSHA: Corporate Fraud Contributed To Nation's Economic Problems

Nov 03, 2011

"Fraudulent practices by publicly held corporations have contributed to the economic difficulties currently facing our nation," said OSHA Assistant Secretary Dr. David Michaels. "The best way to prevent this from happening in ...

http://workers-compensation.blogspot.com/

Corporate Workers Compensation Fraud: California Targets

Jul 12, 2012

Corporate Workers Compensation Fraud: California Targets Underground Economy. Sweep targets contractors operating in California's underground economy. Insurance Commissioner Dave Jones today announced that a ...

http://workers-compensation.blogspot.com/

Former CEO for Missouri Employers Mutual and Attorney Sentenced

Jul 11, 2012

OSHA: Corporate Fraud Contributed To Nation's Economic Problems. The U.S. Department of Labor's Occupational Safety and Health Administration will publish interim final rules in the Nov. 3 Federal Register that revise the .

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8 Tips to Make Black Friday Safer

Black Friday Sale Crowds

The U.S. Department of Labor's Occupational Safety and Health Administration is encouraging retail employers to take precautions to prevent worker injuries during Black Friday and other major sales events during the holiday season.
In 2008, a worker was trampled to death while a mob of shoppers rushed through the doors of a large store to take advantage of an after-Thanksgiving Day Black Friday sales event. OSHA recommends that retailers follow certain safeguards against this type of tragedy.

"Crowd control and proper planning are critical to preventing injuries and deaths," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "OSHA urges retailers to adopt a crowd management plan during the holiday shopping season that includes a few simple guidelines."

Crowd management plans should include:

1. On-site trained security personnel or police officers.
2. Barricades or rope lines for pedestrians that do not start right in front of the store’s entrance.
3. Implementing crowd control measures well in advance of customers arriving at the store.
4. Emergency procedures in place to address potential dangers.
5. Explaining approach and entrance procedures to the arriving public.
6. Not allowing additional customers to enter the store when it reaches its maximum occupancy level.
7. Not blocking or locking exit doors.
8. Avoid "Black Friday" sales that create needless anxiety and crowd tension.

A fact sheet outlining these and other safety measures is available athttps://www.osha.gov/OshDoc/data_General_Facts/Crowd_Control.html. A letter that OSHA has sent to major retailers about preventing crowd-related injuries can be viewed at http://www.osha.gov/asst-sec/blackfriday_letter_2012.html.
....
Jon L.Gelman of Wayne NJ, helping asbestos victims and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).  

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Wal-Mart signs corporate-wide settlement with US Labor Department

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

Wal-Mart signs corporate-wide settlement with US Labor Department

Agreement resolves OSHA citations at Rochester, N.Y., store following 2011 inspections

Wal-Mart Stores, Inc., has entered into a corporate-wide settlement agreement with the U.S. Department of Labor to improve safety and health conditions in all 2,857 Wal-Mart and Sam’s Club stores under federal jurisdiction.  The settlement, which resolves two enforcement cases that began in 2011, includes provisions for the Bentonville, Ark.-based retailer to enhance safety and health practices and training related to trash compactors, cleaning chemicals and hazard communications corporate-wide.

“This settlement will help to keep thousands of exposed Wal-Mart workers safe and healthy on the job,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “We hope this sends a strong message that the law requires employers to provide safe working conditions, and OSHA will use all the tools at our disposal to ensure that all employers follow the law.”

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