Census of Fatal Occupational Injuries Summary, 2010

A preliminary total of 4,547 fatal work injuries were recorded in the United States in 2010, about the same as the final count of 4,551 fatal work injuries in 2009, according to results from the Census of Fatal Occupational Injuries (CFOI) program conducted by the U.S. Bureau of Labor Statistics. The rate of fatal work injury for U.S. workers in 2010 was 3.5 per 100,000 full-time equivalent (FTE) workers, the same as the final rate for 2009. Over the last 3 years, increases in the published counts based on information received after the release of preliminary data have averaged 174 fatalities per year or about 3 percent of the revised totals. Final 2010 CFOI data will be released in Spring 2012. 

 Economic factors continue to play a role in the fatal work injury counts. Total hours worked were up slightly in 2010 in contrast to the declines recorded in both 2008 and 2009, but some historically high-risk industries continued to experience declines or slow growth in total hours worked. Key preliminary findings of the 2010 Census of Fatal Occupational Injuries: - The number of fatal work injuries among the self-employed declined by 6 percent to 999 fatalities, more than the decline in their hours worked. 

For additional data, access the BLS Internet site: www.bls.gov/iif/. For technical information about and definitions for the CFOI program, please go to the BLS Handbook of Methods on the BLS web site here: www.bls.gov/opub/hom/homch9_a1.htm.

Table 1. Fatal occupational injuries by event or exposure, 2009-2010
Table 2. Fatal occupational injuries by industry and selected event or exposure, 2010
Table 3. Fatal occupational injuries by occupation and selected event or exposure, 2010
Table 4. Fatal occupational injuries by selected worker characteristics and selected event or exposure, 2010
Table 5. Fatal occupational injuries by State and event or exposure, 2010
Table 6. CFOI participating State agencies and telephone numbers
Technical notes
HTML version of the entire news release

What to Do During an Earthquake

Workers' Compensation provides for benefits for workers who suffer injuries, physical and emotional, from natural disasters such as earthquakes, floods, storms. The recent earthquake in the northeast US highlights that workers become aware of what to do in case a hurricane strikes.

Stay as safe as possible during an earthquake. Be aware that some earthquakes are actually foreshocks and a larger earthquake might occur. Minimize your movements to a few steps to a nearby safe place and if you are indoors, stay there until the shaking has stopped and you are sure exiting is safe.

If indoors

DROP to the ground; take COVER by getting under a sturdy table or other piece of furniture; and HOLD ON until the shaking stops. If there isn’t a table or desk near you, cover your face and head with your arms and crouch in an inside corner of the building.

Stay away from glass, windows, outside doors and walls, and anything that could fall, such as lighting fixtures or furniture.

Stay in bed if you are there when the earthquake strikes. Hold on and protect your head with a pillow, unless you are under a heavy light fixture that could fall. In that case, move to the nearest safe place.

Use a doorway for shelter only if it is in close proximity to you and if you know it is a strongly supported, loadbearing doorway.

Stay inside until the shaking stops and it is safe to go outside. Research has shown that most injuries occur when people inside buildings attempt to move to a different location inside the building or try to leave.

Be aware that the electricity may go out or the sprinkler systems or fire alarms may turn on.

DO NOT use the elevators.

If outdoors

Stay there.

Move away from buildings, streetlights, and utility wires.

Once in the open, stay there until the shaking stops. The greatest danger exists directly outside buildings, at exits and alongside exterior walls. Many of the 120 fatalities from the 1933 Long Beach earthquake occurred when people ran outside of buildings only to be killed by falling debris from collapsing walls. Ground movement during an earthquake is seldom the direct cause of death or injury. Most earthquake-related casualties result from collapsing walls, flying glass, and falling objects.

If trapped under debris

Do not light a match.

Do not move about or kick up dust.

Cover your mouth with a handkerchief or clothing.

Tap on a pipe or wall so rescuers can locate you. Use a whistle if one is available. Shout only as a last resort. Shouting can cause you to inhale dangerous amounts of dust.

Following the earthquake, if you have suffered an injury, physical and emotional, seek medical attention and provide a report to your employer that you have been injured and seek workers' compensation benefits.

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.

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Major California Medical Record Privacy Breach Disclosed

The lack privacy of medical records in workers' compensation claims has perpetually been a huge concern for workers since Congress ignored requests to protect their dissemination. A recent disclosure in California that the medical records of 300,000 injured workers were available online to the public through a mere Google search further demonstrates that the system is failing workers.

"Identity Finder, LLC (www.identityfinder.com), a global leader in identity theft prevention and data loss protection (DLP), discovered that a website exposed documents containing hundreds of individuals health information and database files containing approximately 300,000 names and social security numbers of California residents who applied for workers' compensation benefits. Identity Finder notified the websites owners, Southern California Medical-Legal Consultants, Inc. (SCMLC), of the breach on May 11, 2011 and SCMLC restricted access to all files within minutes of notification."

Over the last two decades the erosion of the privacy of injured workers medical records has continued unabated. Workers who are injured on the job should not have their medical records published without restriction or limitation. Injured workers should not be subject to public humiliation and embarrassment through disclosure of their medical records. It is time for Congress to revisit the issue.

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NIOSH to Propose New Criteria for Diacetyl Exposure

The National Institute for Occupational Safety and Health (NIOSH) invites public comment on a draft document, "Criteria for a Recommended Standard: Occupational Exposure to Diacetyl and 2,3-pentanedione.”


For public review and comment, the draft document summarizes current scientific knowledge about the occupational safety and health implications of the food flavorings diacetyl and 2,3-pentanedione, and recommends occupational exposure limits and measures for controlling work related exposures to diacetyl and 2,3-pentanedione, based on the current state of knowledge.


The draft document is available athttp://www.cdc.gov/niosh/docket/review/docket245/default.html for written public comment until Oct. 14, 2011. NIOSH will also hold a public meeting to discuss and obtain comments on Aug. 26, 2011, in Washington D.C.


"Occupational exposure to diacetyl has been associated with severe obstructive lung disease, bronchiolitis obliterans, and decrease in lung function," said NIOSH Director John Howard, M.D. "NIOSH has provided over a decade of research and leadership in this important scientific area. In addition to the recommended exposure limits (RELs), this draft document provides for public comment a comprehensive review of scientific literature, a quantitative risk assessment, and valuable guidance to reduce occupational exposures to diacetyl and 2,3-pentanedione. We invite public comment on the draft Criteria Document to help us develop final recommendations."

The draft document includes, for comment:
For Diacetyl, a recommended exposure limit (REL) of 5 parts per billion (ppb) as an eight-hour, time-weighted average, (TWA) during a 40-hour work week. To further protect against effects of short-term exposures, NIOSH recommends in the draft document a short-term exposure limit (STEL) for diacetyl of 25 ppb for a 15-minute time period.


For 2,3-pentanedione, a recommended exposure limit (REL) of 9.3 parts per billion (ppb) as an eight-hour, time-weighted average, (TWA) during a 40-hour work week. The REL for 2,3-pentanedione in the draft document is based upon the lowest level at which the substance reliably can be detected using the existing analytical method, and should not be misconstrued to imply that 2,3-pentanedione is of lower toxicity than diacetyl. Further, NIOSH recommends a STEL of 31 ppb to limit peak exposures for 2,3-pentanedione on the same basis of analytic method limitation.

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State Acts to Restrict Medical Care

The State of NJ has proposed sweeping regulations to limit the payment of medical care under automobile insurance policies, and this action is seen as yet another signal that workers' compensation medical delivery may become even further restricted. In an effort to reduce insurance premiums, the NJ Department of Banking and Insurance, has proposed massive changes in the manner and method that doctors may bill for medical treatment and diagnostic procedures and has restructured the process for appealing a denied claim.

The State claims that medical delivery costs are soaring. It has been reported that for every premium dollar that insurance companies receive, they end up spending $1.23 on medical benefits. The regulations are designed to reduce medical services and produce a profitable insurance product.

Furthermore, the purpose of the regulations are to limit legal costs. The sate reported that in one instance a contested medical  resulted in the payment of $375 in medical benefits, but the legal costs awarded for that recovery were $3,380.

The regulations prohibit the use of innovative radiological diagnostic testing. "X-ray digitization or computer aided radiographic mensuration reported under CPT 76499 or any other code are not reimburseable under PIP."

The comment period for the new rules runs thorough early September 2011. The impact of the regulations is to reduce medical care and diagnostic procedures that will impact resulting workers' compensation benefits. Ironically providing the best medical benefits available would seemingly comply with the intent of the compensation act and ultimately economically benefit the employer by producing a healthy workforce, The process of cost cutting will only ultimately degrade the medical delivery component of workers' compensation even further.

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Scientific Evidence: What Literature to Rely Upon

The admission of scientific evidence to support causal relationship is critical in workers' compensation cases. Generally, the courts have held that reliable evidence is necessary to support the scientific propositions asserted. Now a recent article challenges the validity of peer reviewed publications, especially in the wake of the flood of papers being published.

"The differences between the scientific and legal processes lead to misunderstandings on both sides, and this editorial reflects our recent frustrations over the way publications have been used. The differences have surfaced in the understanding of peer review but probably lie deeper."

Workers' Compensation hearing officials have become the gatekeepers to evaluate what is reliable evidence for admission. Their dual role of both gatekeeper and fact-finder complicates the even handiness of the judicial process further as the Daubert issues are adjudicated.

The dilatory process invoked to sort this material strains judicial economy, and creates yet another level of delay to what was envisioned as a summary and remedial process. This only further the highlights the need to review the entire workers' compensation system and determine if it can at all function as intended by its crafters a century ago.

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The Faces of Ground Zero - Ten Years Later

Ten years ago, on September 11, 2001, world renown photographer, Joe McNally, created an exhibition to memorialize the events of that day. Nikon, who sponsored the exhibition is again sponsoring another Joe McNally exhibition to commemorate the 10 year anniversary of that horrific event.

Nikon Inc. is the exclusive photographic equipment sponsor of the “Faces of Ground Zero – 10 Years Later” exhibit at the Time Warner Center in New York. The free exhibit, marking the 10th Anniversary of 9/11, will take place from August 24 to September 12, 2011. The exhibit features more than fifty images and videos by internationally acclaimed photographer, Joe McNally, that bring to life some of the extraordinary individuals personally impacted by the events of 9/11.

Based on McNally’s renowned “Faces of Ground Zero, Portraits of the Heroes of September 11, 2001,” this updated special exhibition will feature original life-size portraits, along with new digital images and exclusive video interviews shot with the latest Nikon cameras, revealing where the subjects are today and how 9/11 indelibly affected their lives.

“Nikon is proud to be a sponsor of the ‘Faces of Ground Zero – 10 Years Later’ exhibition,” said Bo Kajiwara, Director of Marketing, Nikon Inc. “The still images and videos shot by Joe McNally document in compelling detail a very significant event in recent history and are vivid, powerful reminders of the human spirit.”

The exhibition includes portraits and video of everyday people such as firefighters and other uniformed rescuers, families of victims, survivors, caregivers, politicians and students from nearby schools. Some of the individuals honored in this exhibition include Firefighter Louie Cacchioli, Josephine Harris and Ladder 6 and Chef Michael Lomonaco as well as former New York City Mayor Rudolph Giuliani.

“It’s been a truly amazing experience to recreate this exhibition,” said McNally. “It’s an honor to be able to visually tell the ongoing stories of the incredible people I first met 10 years ago that continue to be an inspiration every day.”

Joe McNally is one of the most widely acclaimed photographers in the world and has been a Nikon shooter throughout his career. He is globally recognized as one of the most accomplished masters of light and color and has inspired a world of photographers with Nikon’s Creative Lighting System. McNally’s international photography career includes time as a staff photographer for LIFE Magazine and a contributor to National Geographic for over 23 years. He has also shot cover stories for TIME, Newsweek, Fortune, New York, Entertainment Weekly, The New York Times Sunday Magazine, Sports Illustrated, LIFE and Men’s Journal.

McNally’s 2002 tour, “Faces of Ground Zero,” was seen by an estimated one million people. The collection and sales of related books helped raise more than $2 million for 9/11 relief efforts.

Joe McNally’s “Faces of Ground Zero – 10 Years Later” exhibition will be held at the Time Warner Center in New York City from August 24 to September 12, 2011. The exhibition is open from 10:00 a.m. to 9:00 p.m. Monday – Saturday and from 11:00 a.m. to 7:00 p.m. on Sunday. Admission is free and open to the public.

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