A series of inspections by the U.S. Department of Labor has found a Newark-based construction contractor defying federal safety regulations by exposing employees to more than 20 violations, including potentially deadly falls, at six southern and central New Jersey work sites in early 2023.
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Thursday, July 13, 2023
Tuesday, July 11, 2023
EPA Seeks Reporting of Asbestos Fibers
The U.S. Environmental Protection Agency (EPA) announced a final rule to require comprehensive reporting on all six fiber types of asbestos as the agency continues its work to address exposure to this known carcinogen and strengthen the evidence that will be used to protect people from this dangerous chemical further. Historically asbestos, a known carcinogen, has been present in workplaces causing significant occupational exposures to workers, sometimes fatal, and has generated a long wave of workers’ compensation claims.
Wednesday, July 5, 2023
California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow
The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).
Monday, May 22, 2023
United Hospital Supply Corp. faces $498K in penalties after amputation incident
An employee's first day of work at a southern New Jersey manufacturing facility ended tragically when he suffered the amputation of three fingers while operating a press brake without required safety guards, similar to violations cited by federal safety investigators at the facility in 2010 and 2015.
Monday, May 15, 2023
Is ChatGPT Ready to Write Workers’ Compensation Decisions?
Artificial intelligence (AI) programs have become an exciting new Internet phenomenon. Initially launched to generate graphics, the programs have rapidly emerged as Internet research's most significant development of the last twenty years.
Wednesday, January 11, 2023
OSHA: America Airlines Fined for Retaliating Against Worker Who Reported Hazardous Fumes in Cabin
Federal safety and health investigators have determined that one of the nation's largest airlines retaliated against flight attendants who reported worker illnesses caused by toxic fumes entering aircraft cabins.
Wednesday, November 30, 2022
Federal Employees May File a Claim for Work-Related COVID-19
The American Rescue Plan Act of 2021, which President Biden signed on March 11, 2021, makes it much easier for federal workers diagnosed with COVID-19 to establish coverage under the Federal Employees’ Compensation Act. To establish a COVID-19 claim, you simply need to establish that you are a “covered employee,” meaning that:
Wednesday, November 23, 2022
US Supreme Court Allows State Law to Govern Willful Misconduct Cases Under the PREP Act
The US Supreme Court [SCOTUS] has declined to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct, GLENHAVEN HEALTHCARE LLC v. Saldana, Supreme Court 2022. On appeal, Saldana v. Glenhaven Healthcare LLC, 27 F. 4th 679 - Court of Appeals, 9th Circuit 2022
Wednesday, November 2, 2022
The Exclusivity Rule Does Not Bar Claims of a Minor
A minor may elect to file a negligence action against an employer and not be prohibited by the Exclusivity Rule that typically bars employee claims against their employers.
Monday, October 31, 2022
Judge Erred in Finding a Conflict in Representation
Tuesday, October 25, 2022
Time to Boot Up a Computer Held to be Working
The Ninth Circuit Court of Appeals reversed the district court’s summary judgment in favor of defendant Customer Connexx LLC and remanded for further proceedings in a collective action brought under the Fair Labor Standards Act by call center workers.
Thursday, October 20, 2022
Paterson NJ Employers Face $518K in OSHA Fines
The U.S. Department of Labor has issued citations to three New Jersey contractors who willfully exposed employees to potentially lethal dangers by allowing them to work near energized power lines at a Paterson worksite.
Friday, October 14, 2022
NJ Issues Stop-Work Orders for Lack of Workers’ Compensation Insurance
Enforce continues at a rapid pace in New Jersey for failure to comply with the state’s labor laws. The New Jersey Department of Labor and Workforce Development (NJDOL) issued stop-work orders to contractor HESP Solar L.L.C. of Montvale and subcontractor Patriot Iron Works of Gaithersburg, Maryland, who were working on a project at Belleville High School.
Saturday, October 8, 2022
Occupational Exposure to Monkeypox
A recent report published by the US Centers for Disease Control and Prevention [CDC] provides evidence supporting the hypothesis that both health care workers’ [HCW] infections observed in this study were transmitted through fomite exposure with surfaces in the patient’s home, their own PPE, or outer surfaces of the specimen transport box.
Thursday, September 15, 2022
US Supreme Court Asked to Review PREP Act Immunity
The US Supreme Court [SCOTUS] has been asked to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct,
Monday, August 29, 2022
Appeals Court Rejects Effort to Compel OSHA to Retain Healthcare ETS
On Friday, an Appellate Court rejected the UNIONS' effort, including the National Nurses, United, to compel the Occupational Safety and Health Administration (OSHA) to retain the Healthcare Emergency Temporary Standard (ETS).
Saturday, August 27, 2022
NJ Sues Several Companies for Environmental Pollution
Acting Attorney General Matthew J. Platkin and Commissioner of Environmental Protection (DEP) Shawn M. LaTourette announced today the filing of seven new environmental enforcement actions across the state.
Friday, August 26, 2022
Monkeypox in the Workplace
Monkeypox is not merely a sexual or geographic disease it is an infectious disease that can cause many workers to be exposed. It is a contagious disease that is transmitted by body contact. Infectious diseases are compensable under most workers’ compensation acts.
Saturday, August 13, 2022
Camp Lejeune Water Contamination Claims
Drinking water at Camp Lejune, North Carolina, was contaminated by toxic substances, and it is estimated that over one million military personnel, their families, and civilians who lived and worked near Camp Lejune training facility between August 1, 1953, and December 31, 1987, may have been exposed to hazardous substances.
Wednesday, August 10, 2022
Burn Pit Legislation Signed into Law
President Biden signed legislation that will provide medical benefits from the Veterans Administration to service members exposed to toxic burn pits while deployed overseas in recent conflicts. The President signed the Sargent First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. It embodies some of the goals we strived to achieve in the decades-long burn pit litigation project.