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Friday, January 20, 2012

$1 Million Ordered in Wages and Damages for Retailiation

English: I took this photo of an Airtran Airwa...Image via Wikipedia

US Department of Labor's OSHA orders AirTran Airways to reinstate
pilot, pay more than $1 million in back wages and damages
OSHA found airline violated whistleblower protection provision of AIR21


The U.S. Department of Labor's Occupational Safety and Health Administration has ordered AirTran Airways, a subsidiary of Dallas, Texas-based Southwest Airlines Co., to reinstate a former pilot who was fired after reporting numerous mechanical concerns. The agency also has ordered that the pilot be paid more than $1 million in back wages plus interest and compensatory damages. An investigation by OSHA's Whistleblower Protection Program found reasonable cause to believe that the termination was an act of retaliation in violation of the whistleblower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR21.

"Airline workers must be free to raise safety and security concerns, and companies that diminish those rights through intimidation or retaliation must be held accountable," said OSHA Assistant Secretary Dr. David Michaels. "Airline safety is of vital importance, not only to the workers, but to the millions of Americans who use our airways."

The pilot's complaint alleged that the airline removed him from flight status on Aug. 23, 2007, pending an investigative hearing regarding a sudden spike in the pilot's mechanical malfunction reports, or PIREPS. The airline held an internal investigative hearing on Sept. 6, 2007, that lasted 17 minutes. Seven days later, the airline terminated the pilot's employment, claiming that he did not satisfactorily answer a question regarding the spike in reports. OSHA found that the pilot did not refuse to answer any questions during the hearing, answers to questions were appropriate, and the action taken by the airline was retaliatory.

"Retaliating against a pilot for reporting mechanical malfunctions is not consistent with a company that values the safety of its workers and customers," added Michaels. "Whistleblower laws are designed to protect workers' rights to speak out when they have safety concerns, and the Labor Department will vigilantly protect and defend those fundamental rights."

Either party to the case can file an appeal with the Labor Department's Office of Administrative Law Judges, but such an appeal does not stay the preliminary reinstatement order.

AirTran Airways is a subsidiary of AirTran Holdings Inc. with headquarters in Orlando. On May 2, 2011, Southwest Airlines completed the acquisition of AirTran Holdings Inc. and now operates AirTran Airways as a wholly-owned subsidiary.

OSHA enforces the whistleblower provision of AIR21, as well as 20 other statutes protecting employees who report violations of various securities, trucking, workplace health and safety, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program.

Detailed information on employee whistleblower rights is available online at http://www.whistleblowers.gov.

Thursday, January 19, 2012

Federal Cell Phone Rules Compliance Guide Published

Distracted Driving remains a serious problem in the workplace and now the Federal government is taking enforcement actions to a new level. The Federal Motor Carrier Safety Administration (FMCSA) recently announced Rules that it is prohibiting the use of hand-held cell phones by interstate truck and bus drivers.

As the Rules take effect is is anticipated that many states will adapt these changes.  For those who use prohibited devices in the course of their employment and are involved in accidents may ultimately be denied workers' compensation benefits and employer liability will result. ZoomSafer has now published a compliance guide.

See:  FMCSA Cell Phone Rules: A Compliance Guide for Truck and Bus Fleets

NJ Supreme Court Rules That Only a Physician Can Perform An EMG

Only a licensed physician, and not a physicians assistant, can perform an EMG, ruled the NJ Supreme Court.

Click here to read the complete decision: Selective Insurance Company of American v Arthur C Rothman MD
".... the Legislature intended that only certain licensed physicians, specifically those persons "licensed to practice medicine and surgery pursuant to chapter 9 of Title 45[,]" would be permitted to perform needle EMG tests. As we have explained, physician assistants are not "licensed to practice medicine and surgery" because they do not have the qualifications for such a license."

Wednesday, January 18, 2012

Hey Siri, Where Are the Words, Workers Compensation?

The recently released annual Apple Supplier Report discusses production safety and health issues of Apple's global international suppliers. Admitting many problems including health and safety violations, including an explosion at Foxconn's Chengdu factor because of aluminum dust, the report lacks a mention of a workers' compensation program.

Click here to read: Apple Supplier Responsibility report 2012

"We were deeply saddened by events at two of our suppliers in 2011. An explosion at Foxconn’s Chengdu factory tragically took the lives of four employees and injured 18 others. An explosion at the Ri-Teng (a subsidiary of Pegatron) factory in Shanghai injured 59.Immediately after each of these incidents, Apple reached out to the foremost experts in process safety and assembled teams to investigate the circumstances of each explosion. These teams made recommendations about how to prevent future accidents. While the causes of these two incidents—as well as many of the corrective actions taken afterward—were different, both explosions involved combustible dust. Many materials, including ones normally considered noncombustible, can burn rapidly when small particles are suspended in air in the right concentration and ignited. In both of the 2011 incidents, aluminum particles provided fuel for a blast."

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Tuesday, January 17, 2012

OSHA Urges An Injury & Illness Prevention Programs

The US Occupational Safety and Health Administration has published a white paper urging that States implement injury and illness prevention programs. Citing statistics of the consequences of industrial accidents and injuries, as well as the benefits of the implementation of a program, OSHA recommends the implementation of a programs.


Click here to read the OSHA White Paper on Injury & Illness Prevention Programs


Conclusions
  • Despite the combined efforts of employers, workers, unions, safety professionals and regulators, more than 4,500 workers lose their lives and more than four million are seriously injured each year. Tens of thousands more die or are incapacitated because of occupational illnesses including many types of cancer and lung disease. The human toll from this loss is incalculable and the economic toll is enormous.
  • Many employers in the U.S. have been slow to adopt a workplace "safety culture" that emphasizes planning and carrying out work in the safest way possible.
  • Injury and illness prevention programs are based on proven managerial concepts that have been widely used in industry to bring about improvements in quality, environment and safety, and health performance. Effective injury and illness prevention programs emphasize top-level ownership of the program, participation by employees, and a "find and fix" approach to workplace hazards.
  • Injury and illness prevention programs need not be resource-intensive and can be adapted to meet the needs of any size organization.
OSHA believes that adoption of injury and illness prevention programs based on simple, sound, proven principles will help millions of U.S. businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including significant reductions in workers' compensation premiums) and enhance their overall business operations.

Monday, January 16, 2012

Workers Injury Rights Blog Launched

The Workers' Injury Rights blog has been launched by the Law Office of Deborah G. Kohl of Fall RIver, Massachusetts. Attorney Deborah G. Kohl has focused her professional energies on workers’ compensation and disability law through her nearly 30 years in practice. 

Attorney Kohl stated, "We started this blog because we are passionate about workers' compensation and workers' rights. It is a way to share some of what we've learned in our decades of legal experience with anyone concerned about workplace safety."

She is an active lecturer and author in the field, and has held several prestigious leadership positions, including serving as president of the Workers Injury and Law Advocacy Group. She is perennial listed in the publication Best Lawyers In America.

The lead article of the blog is entitled, "Workers' Compensation is all about Relationships," by Ryan Benharris. Mr. Benharrus stated, "Prevention of accidents should be the first step in establishing a successful workers’ compensation system."

Click here to visit: Workers' Injury Rights