Warehouse Workers' Injuries Are Increasing as Employers Use Artificial Intelligence

An increase of injuries suffered by warehouse workers, fueled by employers' use of artificial intelligence, is getting legislative attention. The focus is on Amazon and other major retail giants whose business has exploded since the COVID Pandemic emerged.

NJDOL, Treasury Raid Worksite in First Joint-Enforcement Action to Combat Worker Misclassification

A team of more than 60 investigators from the New Jersey Department of Labor and Workforce Development (NJDOL) and the Department of the Treasury, supported by other state agencies, conducted an unannounced investigation of a construction site at 88 Regent Street in Jersey City in response to allegations of worker misclassification. 

NJ Division of Workers’ Compensation Announces Limited in-person Proceedings Effective August 16, 2021

Effective Monday, August 16, 2021, the N.J. Division of Workers’ Compensation shall implement a cautious return to normal operations with the resumption of limited in-person proceedings and an increase of on-site presence of workers’ compensation judges and court staff as set forth below.  

NJ Enacts Legislation to Protect New Jersey Workers, Employers From Unlawful Misclassification

Building on his commitment to making sure that workers and employers in New Jersey are treated fairly, Governor Phil Murphy today signed a four-bill legislative package furthering state efforts to stop employee misclassification. 

NJ CRIB Policy Coverage Mobile App

The New Jersey Compensation, Rating and Inspection Bureau [NJCRIB] has released a mobile app to ascertain workers' compensation insurance policy data.

Rubio, Gillibrand Introduce Landmark Burn Pits Legislation to Help Veterans

U.S. Senators Marco Rubio (R-FL) and Kirsten Gillibrand (D-NY) introduced the bipartisan and bicameral Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act. U.S. Representatives Raul Ruiz, M.D (D-CA) and Brian Fitzpatrick (R-PA) will introduce the legislation in the U.S. House of Representatives. This bill would provide presumptive U.S. Department of Veterans Affairs benefits to servicemembers who have deployed and have illnesses due to exposure to burn pits and other toxins. Approximately 3.5 million veterans have been exposed to burn pits that spewed toxic fumes and carcinogens into the air.

Permanent Disability: The post-acute COVID-19 sequelae

The residuals of post-acute residuals of COVID-19 (Sars-CoV-2) may result in compensable permanent disability for many individuals (long haulers). A recent study outlines the potential compensable sequelae.

UCSF and Johns Hopkins University Launch Digital Trove of Opioid Industry Documents

The University of California, San Francisco (UCSF) and Johns Hopkins University today announced the launch of the Opioid Industry Documents Archive, a digital repository of publicly disclosed documents from recent judgments, settlements, and ongoing lawsuits concerning the opioid crisis.

Bill to Overhaul National Unemployment Insurance Technology

US Senate Finance Committee Chair Ron Wyden, D-Ore., Senator Sherrod Brown, D-Ohio, Senator Mark Warner, D-Va., and Senator Catherine Cortez Masto, D-Nev., today introduced legislation that would establish one set of technology and security capabilities for state unemployment offices.

COVID-19 Public Health Emergency in New Jersey Extended 30 more Days

Governor Phil Murphy today signed Executive Order No. 231. The Order extends the Public Health Emergency that was declared on March 9, 2020 through Executive Order No. 103, which was previously extended in 2020 on April 7, May 6, June 4, July 2, August 1, August 27, September 25, October 24, November 22, and December 21, and again in 2021 on January 19 and February 17. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed.

Governor Murphy Announces Intention to Nominate Rachel Wainer Apter to Serve on the New Jersey Supreme Court

At Ruth Bader Ginsburg Hall at Rutgers–Newark, Governor Phil Murphy today announced his intention to nominate Rachel Wainer Apter to the New Jersey Supreme Court to fill the seat of Associate Justice Jaynee LaVecchia, who will retire at the end of the current Court term on August 31, 2021. The appointment will first be sent to the New Jersey State Bar Association’s Judicial and Prosecutorial Appointments Committee. With the Committee’s approval, the Governor will proceed with a formal nomination, subject to advice and consent in the Senate.

OSHA cites New Jersey frozen dessert manufacturer after second amputation injury on same machine

Despite two severe amputation injuries in 2018 and 2020 on the same machine at a Lakewood ice cream manufacturing plant, a recent federal safety and health inspection found the company continues to ignore protocols designed to prevent other workers from suffering similar injuries.

Stop-Work Order Issued to NJ Contractor for Misclassification Violations

The New Jersey Department of Labor and Workforce Development (NJDOL) issued a stop-work order to Galo Contractors Group, LLC, on March 9 for six alleged violations at a worksite in Keansburg.

American Rescue Plan Act - Compensation Provisions

On Thursday, March 11, 2021, the President signed into law:H.R. 1319, the “American Rescue Plan Act of 2021,”PL 117-2, March 11, 2021, 135 Stat 4

US Department Of Labor Announces Proposals To Rescind Two Rules That Undermine Worker Protections Against Unfair Pay Practices

The U.S. Department of Labor today announced proposals to rescind two final rules that would significantly weaken protections afforded to American workers under the Fair Labor Standards Act.

Novavax Confirms High Levels of Efficacy Against Original and Variant COVID-19 Strains in United Kingdom and South Africa Trials

-100% protection against severe disease
-Final analysis in U.K. trial confirms 96% efficacy against original strain of COVID-19
-Efficacy against variants confirmed in U.K. and South Africa

OSHA Launches Program To Protect High-Risk Workers From Coronavirus, Focuses On Employers That Retaliate Against Workers With Safety Concerns

In response to President Biden’s executive order on protecting worker health and safety, the U.S. Department of Labor’s Occupational Safety and Health Administration has launched a national emphasis program focusing enforcement efforts on companies that put the largest number of workers at serious risk of contracting the coronavirus. The program also prioritizes employers that retaliate against workers for complaints about unsafe or unhealthy conditions, or for exercising other rights protected by federal law. 

OSHA fined an Ohio company following a partial arm amputation

While cleaning an auger used to rice potatoes, a 39-year-old production worker found her left arm caught in a running auger. The worker suffered multiple lacerations and the partial amputation of her arm. Co-workers had to cut the auger apart to free her arm.

DOL Inspector General Issues Report on OSHA’s COVID-19 Inaction

The US Department of Labor Office of Inspection General (OIG) reported that a study of OSHA’s actions during the COVID-19 Pandemic put workers’ safety at risk.

WHY OIG CONDUCTED THE AUDIT 

The COVID-19 pandemic has raised specific concerns about the health and safety of workers and the measures OSHA has taken to ensure employers are mitigating employees’ risk of exposure to the virus at workplaces.

  

Due to the pandemic, OSHA has received a surge of complaints in a matter of months, while garnering the attention of Congress, labor unions, and media with requests to act swiftly on behalf of the 130 million workers at more than 8 million worksites nationwide whom OSHA is responsible for protecting. 

WHAT OIG DID 

We conducted this audit to answer the following question:

 

What plans and guidance has OSHA developed to address challenges created by COVID-19, and to what extent have these challenges affected OSHA’s ability to protect the safety of workers and its workforce? 

To answer this question, we reviewed guidance, public laws, and state standards; conducted interviews; and researched complaint and enforcement data. 

READ THE FULL REPORT 

https://www.oig.dol.gov/public/reports/oa/2021/19-21-003-10-105.pdf

OSHA has taken a series of actions to address its challenges and has issued guidance in response to the pandemic. However, increased complaints, reduced inspections, and most inspections not being conducted onsite subject employees to greater safety risk. 

Since the start of the pandemic, OSHA has received a sudden influx of complaints, and as a means of reducing person-to-person contact, has reduced the number of its inspections, particularly onsite inspections. Compared to a similar period in 2019, OSHA received 

15 percent more complaints in 2020, but performed 50 percent fewer inspections. As a result, there is an increased risk that OSHA is not providing the level of protection that workers need at various job sites. During the pandemic, OSHA issued 295 violations for 176 COVID-19 related inspections, while 1,679 violations for 756 COVID-19 related inspections were issued under State Plans. 

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National Strategy for The COVID-19 Response and Pandemic Preparedness 1/22/21

More than half of COVID-19 health care workers at risk for mental health problems 1/20/21

Disability for Post-Acute Sequelae of COVID-19 1/1/21

OSHA Temporary Emergency COVID Standard on the Horizon 12/29/20

Vaccine Recommendations: Essential Workers and Seniors12/20/2020

The major phases of COVID-19 12/20/2020

Major increase in work-related deaths reported 12/16/2020

NCCI Reports: NJ Among the Top States with COVID-19 Workers' Compensation Claims 12/09/2020

Trust Through Transparency 12/07/2020

Is the workers' compensation system ready for the 2019-nCoV [coronavirus] virus? Live Updates

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

Blog: Workers ' Compensation

Twitter: jongelman

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: "Workers' Compensation Law" Thomson-Reuters

Supplement Benefit Bill for Surviving Dependents of Essential Coronavirus Workers Passed by NJ Legislature

The NJ Legislature has now passed S2476. It provides supplemental benefit payments to the dependents of essential employees who died in the course of employment due to the contraction of coronavirus disease 2019.