Friday, January 20, 2012

$1 Million Ordered in Wages and Damages for Retailiation

English: I took this photo of an Airtran Airwa...

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."

Stop Internet Censorship From Happening

Imagine a world without free knowledge....Stop the US Congress and Senate from censoring the Internet.

SOPA and PIPA - Learn more

From Wikipedia, the free encyclopedia

< Wikipedia:SOPA initiative

Blog post from Wikimedia Foundation Executive Director, Sue Gardner

More information

Official Wikimedia Foundation press release
Statement from the community affirming blackout
Electronic Frontier Foundation blog post on the problems with SOPA/PIPA
Wikipedia's articles on SOPA and PIPA

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

ADAO To Brief US Senate on Asbestos Jan 19, 2012

As part of ADOA's education, advocacy, and community efforts, The Asbestos Disease Awareness Organization ADAO has announced that it plans to hold an educational Senate Briefing, “Asbestos: The Impact on Public Health, the Environment, and the Economy” and meet with government officials in Washington, DC this week. A group of ADAO representatives including Dr. Arthur Frank, Dr. Barry Castleman, Brent Kynoch, Marilyn Amento, and Linda Reinstein will present the most up-to-date facts to members and staffers in the Senate so that they can make informed legislative and policy decisions. Their hope is to offer critical asbestos information and encourage bipartisan interagency collaboration to address a threat that affects all Americans. As always, ADAO will leverage social media to share its experiences. Follow ADAO in Twitter @Linda_ADAO as their intern, Spencer, tweets straight from the Senate Briefing!

Summary and Briefing Facts to Be Released Thursday, January 19, 2012 at 4:00pm

Insurance Group Changed With Fraudulently Syphoning Millions of Taxpayers Dollars

A New Hampshire insurance group has been charged by the State with improperly appropriating millions of dollars of taxpayers' funds to a workers' compensation insurance plan. The improper allocation is described in a petition filed by the State.

To read more click here:

Local Government Center denies it improperly used millions for workers' comp program
"The umbrella organization's activities have been under investigation for seeding a workers' compensation program through a surcharge that municipalities and their employees were paying through their involvement with the LGC's HealthTrust and Property-Liability programs.

"An investigation was conducted by the Secretary of State Bureau of Securities Regulation, which claimed the LGC misused the surcharge money and therefore owes the cities and towns which funded the seed money upward of $100 million.

NJ Secretary of State Hearings including audio recordings

Sunday, January 15, 2012

Martin Luther King, Jr. (January 15, 1929 – April 4, 1968)

Workers RIghts Protected Under Federal Law

NLRB finds that certain mandatory arbitration agreements violate federal labor law

The National Labor Relations Board has ruled that it is a violation of federal labor law to require employees to sign arbitration agreements that prevent them from joining together to pursue employment-related legal claims in any forum, whether in arbitration or in court.

The decision examined one such agreement used by nationwide homebuilder D.R. Horton, under which employees waived their right to a judicial forum and agreed to bring all claims to an arbitrator on an individual basis. The agreement prohibited the arbitrator from consolidating claims, fashioning a class or collective action, or awarding relief to a group or class of employees

The Board found that the agreement unlawfully barred employees from engaging in “concerted activity” protected by the National Labor Relations Act. The Board emphasized that the ruling does not require class arbitration as long as the agreement leaves open a judicial forum for group claims.

Chairman Mark Gaston Pearce and Member Craig Becker joined in finding the agreement unlawful. Member Brian Hayes was recused from the case. The decision was finalized on Jan. 3, but was issued publicly by the agency today.

The Board sought briefs on the issue from interested parties last summer. More than a dozen amicus briefs were filed, and can be read on this case page.

The decision requires Horton to rescind the agreement or revise it to make clear to employees that they are not waiving their right to pursue a class or collective action in all forums.

Read the Editorial of the NY Times: Rights in the Workplace

Friday, January 13, 2012

OSHA cites Newton, NJ, manufacturer for workplace safety and health violations- proposes nearly $49,000 in fines

The seal of the United States Department of Labor

Image via Wikipedia

The U.S. Department of Labor's Occupational Safety and Health Administration has cited retaining ring manufacturer Schneider & Marquard Inc. for 21 workplace safety and health violations. OSHA initiated an inspection in response to a complaint alleging several workplace hazards at the company's Newton facility. Proposed fines total $48,840.

Three repeat safety violations with $23,760 in penalties involve obstructed exit routes, lack of proper machine guarding and deficient record keeping for power press inspections. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for similar violations in 2009.

Twelve serious safety and health violations with $21,120 in penalties involve failing to implement a hearing conservation program that includes noise monitoring, audiometric testing and training; properly mount and identify portable fire extinguishers; provide powered industrial truck training; implement a hazard communication program that includes training; ensure proper use and listing of electrical equipment; ensure compressed air was reduced to 30 pounds per square inch; and ensure proper functioning and maintenance of mechanical power presses. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Six other-than-serious safety violations with $3,960 in penalties involve failing to record workplace injuries and illnesses on the OSHA 300 log. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

"These hazards should be immediately addressed to ensure a safe and healthful workplace for employees," said Kris Hoffman, director of OSHA's Parsippany Area Office. "OSHA will continue to hold employers responsible when they violate federal laws."

Schneider & Marquard Inc., which employs about 24 workers at its Newton site, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Occupational Health: An International Effort Launched by WHO

The World Health Organization (WHO) has launched a global effort to promote the improvement of working conditions. WHO has developed a Global workplan in collaboration with the WHO Network of Collaborating Centres based on the objectives of the GPA for 2009-2012. The workplan organizes the activities of the Collaborating Centres into 14 priority areas.

Click here to read The Final Edition of the 2009-2012 Workplan (just released)

The main objectives of the WHO Global Plan of Action on Workers' Health (GPA) (2008-2017) are to:

Strengthen the governance and leadership function of national health systems to respond to the specific health needs of working populations
Establish basic levels of health protection at all workplaces to decrease inequalities in workers health between and within countries and strengthen the promotion of health at work.
Ensure access of all workers to preventive health services and link occupational health to primary health care.
Improve the knowledge base for action on protecting and promoting the health of workers and establish linkages between health and work.
Stimulate incorporation of actions on workers health into other policies, such as sustainable development, poverty reduction, trade liberalization, environmental protection and employment.

Cold War Compensation Act - EEOICPA: US DOL Notifies Workers of 17 Facilities of Eligibility

US Department of Labor notifies workers of 17 facilities associated with Uranium Mill Tailings Radiation Control Act about potential eligibility under EEOICPA

The U.S. Department of Labor is notifying former workers of 17 facilities associated with the Uranium Mill Tailings Radiation Control Act about compensation and medical benefits potentially available to them under the Energy Employees Occupational Illness Compensation Program Act, which is administered by the department's Division of Energy Employees Occupational Illness Compensation. Survivors of qualified workers also may be entitled to benefits.

Former employees may be eligible if they worked at any of the facilities during a period of covered U.S. Department of Energy-funded environmental remediation efforts. Additionally, three facilities already covered under the EEOICPA now have expanded periods of eligibility.

On Dec. 15, 2010, DEEOIC determined that the Uranium Mill at Shiprock, N.M., was a covered DOE facility for the purposes of the EEOICPA. Given that Uranium Mill at Shiprock was only one of the facilities associated with the Uranium Mill Tailings Radiation Control Act, DEEOIC conducted a review considering whether additional facilities met the statutory definition of a covered DOE facility under the EEOICPA. Based on that review, DEEOIC determined that the above-mentioned facilities meet the definition.

On July 31, 2001, the Labor Department began administering Part B of the EEOICPA. Part B covers current and former workers who have been diagnosed with cancer, beryllium disease or silicosis, and whose illness was caused by exposure to radiation, beryllium or silica while working directly for DOE, that department's contractors or subcontractors, a designated Atomic Weapons Employer or a beryllium vendor. Part E, created by an amendment to the EEOICPA on Oct. 28, 2004, provides federal compensation and medical benefits to DOE contractors and subcontractors who worked at covered facilities and sustained an illness as a result of exposure to toxic substances.

The EEOICPA also provides additional compensation for uranium workers who worked at facilities covered by the Radiation Exposure Compensation Act, which is administered by the U.S. Department of Justice. To assist individuals regardless of where they live, the department has 11 stationary resource centers located throughout the country. These resource centers provide an initial point-of-contact for individuals interested in filing a claim under EEOICPA, and staff provide both in-person and telephone-based assistance. For additional information about how to file a claim under EEOICPA, call toll-free at 866-888-3322 or visit the DEEOIC's website at http://www.dol.gov/owcp/energy/.

Editor's note: A list of the 17 facilities and the periods of covered DOE-funded environmental remediation efforts follows this release. Facilities with an expanded eligibility period are indicated by an asterisk.

Facilities associated with the Uranium Mill Tailings Radiation Control Act

Uranium Mill in Monument Valley, Ariz., from May 1989 through February 1990 and September 1992 through May 1994
Uranium Mill in Tuba City, Ariz., from January 1985 through February 1986 and January 1988 through April 1990
Climax Uranium Mill in Grand Junction, Colo., from December 1988 through August 1994
Uranium Mill in Gunnison, Colo., September 1991 through December 1995
Uranium Mill in Maybell, Colo., from May 1995 through September 1998
Uranium Mill in Naturita, Colo., May 1994 through November 1994 and June 1996 through September 1998
New Uranium Mill in Rifle, Colo., September 1988 through September 1989 and April 1992 through October 1996
Old Uranium Mill in Rifle, Colo., September 1988 through September 1989 and April 1992 through October 1996
Uranium Mill No. 1 in Slick Rock (East), Colo., in 1995 and 1996
Uranium Mill No. 2 in Slick Rock (West), Colo., in 1995 and 1996
Uranium Mill in Lowman, Idaho, in 1992 and from 1994 to the present
Uranium Mill in Ambrosia Lake, N.M., from July 1987 through April 1989 and October 1992 through July 1995
Uranium Mill and Disposal Cell in Lakeview, Ore., from 1986 through 1989
Uranium Mill in Falls City, Texas, from January 1992 through June 1994
Uranium Mill in Mexican Hat, Utah, from July 1987 through October 1987 and September 1992 through February 1995
Uranium Mill in Riverton, Wyo., from May 1988 through September 1990
Uranium Mill in Converse County (Spook Site), Wyo., from April 1989 through September 1989
*Uranium Mill in Durango, Colo., already covered for 1948 through 1953, now also is covered for October 1986 through May 1991
*Vitro Manufacturing in Canonsburg, Pa., already covered as a beryllium vendor facility for 1948, and as an Atomic Weapons Employer facility for 1942 through 1959 (with residual radiation coverage for 1958 through 1985), now also is covered for 1983 through 1985 and for 1996
*Uranium Mill in Monticello, Utah, already covered for 1948 through 1960, now also is covered for remediation performed by DOE and DOE contractors under the Comprehensive Environmental Response, Compensation and Liability Act for 1983 through 2000

*Additional years of qualifying employment have been added to these three facilities currently covered under the EEOICPA.

Defense Base Act Bars Convoy Drivers Lawsuit Against KBR

The U.S. Court of Appeals on Thursday ruled the convoy drivers employed by a defense contractor, KBR, in Iraq were bared by the Defense Base Act (DBA) which is US law that shields military employers from civil actions. The drivers were injured while performing their jobs for the military contractor in providing logistical support to the military.

Read the Bloomberg news dispatch: KBR Won't Face Trial in Convoy Driver Deaths, Court Rules
"Coverage of an injury under the DBA precludes an employee from recovering from his employer,” even if the worker claims the company was “substantially certain” the injuries would occur, U.S. Circuit Judge Priscilla R. Owen said in a 30-page ruling by the panel."

The Court's Opinion: Fisher v. Halliburton, 10-20202, U.S. Fifth Circuit Court of Appeals

Thursday, January 12, 2012

Nanomaterial Requires More Regulation by the EPA Inspector General Reports

EPA Report Recommends More Regulation

A recent report by the Inspector General of the US Environmental Protection Agency found that EPA does not currently have sufficient information or processes to effectively manage the human health and environmental risks of nanomaterials. EPA has the statutory authority to regulate nanomaterials but currently lacks the environmental and human health exposure and toxicological data to do so effectively. The Agency proposed a policy under the Federal Insecticide, Fungicide, and Rodenticide Act to identify new pesticides being registered with nanoscale materials. After minimal industry participation in a voluntary data collection program, the Agency has proposed mandatory reporting rules for nanomaterials under the Federal Insecticide, Fungicide, and Rodenticide Act, and is also developing proposed rules under the Toxic Substances Control Act.

Nanomaterials are currently being used in many applications including: consumer products, health care, transportation, energy, and agriculture.

Read the EPA Report: EPA Needs to Manage Nanomaterial Risks More Effectively

.....

Top Disability Research Papers

The Social Science Research Network [SSRN] compiles published academic research papers and makes abstracts or the full articles available for download online. The database includes 376,944 abstracts, 308,704 full text articles and 177,289 authors, To date over 50,293,537 research paper downloads have occurred.

The TOP 4 Papers for the Journal of Disability Income & Work Injury Compensation eJournal hits for the last 90 days have been the following:

Rank		Paper Title
1		Pregnancy as 'Disability' and the Amended Americans with Disabilities Act Jeannette Cox, University of Dayton School of Law, Date posted to database: November 19, 2011 Last Revised: November 19, 2011
2		What Should We Do About Social Security Disability Appeals? Richard J. Pierce, George Washington University Law School, Date posted to database: November 8, 2011 Last Revised: November 8, 2011
3		What Can We Learn from Analyzing Historical Data on Social Security Entitlements? Joyce Manchester, Jae Song, Government of the United States of America - Congressional Budget Office (CBO), U.S. Social Security Administration, Date posted to database: November 4, 2011 Last Revised: November 4, 2011
4		The Complex World of Workers' Compensation and Pharmaceutical Benefits Jon L. Gelman, Attorney, Date posted to database: November 17, 2011 Last Revised: November 17, 2011 .....

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.

US Supreme Court Rules Outer Continental Shelf Lands Act Covers Work-Related Injuries

English: Clarence Thomas, Associate Justice of...

Image via Wikipedia

Justice Clarence Thomas

In an historic ruling yesterday the US Supreme Court held that The Outer Continental Shelf Lands Act [OCS] governs those who work on oil drilling platforms and other fixed structures beyond state maritime boundaries, and workers are eligible for compensation for "any injury occurring as the result of operations conducted on the [OCS]."

For complete coverage of this case click here: The Jurist

"Although the Ninth Circuit’s test may not be the easiest to administer, it best reflects the text of §1333(b), which establishes neither a situs-of-injury nor a "but for" test. We are confident that ALJs and courts will be able to determine whether an injured employee has established a significant causal link between the injury he suffered and his employer's on-OCS extractive operations. Although we expect that employees injured while performing tasks on the OCS will regularly satisfy the test, whether an employee injured while performing an off-OCS task qualifies—like Valladolid, who died while tasked with onshore scrap metal consolidation—is a question that will depend on the individual circumstances of each case." Justice Clarence Thomas

Pacific Operators Offshore LLP v. Valladolid
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Copyright

Friday, January 20, 2012

$1 Million Ordered in Wages and Damages for Retailiation

Thursday, January 19, 2012

Federal Cell Phone Rules Compliance Guide Published

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

Wednesday, January 18, 2012

Hey Siri, Where Are the Words, Workers Compensation?

Stop Internet Censorship From Happening

SOPA and PIPA - Learn more

More information

Tuesday, January 17, 2012

OSHA Urges An Injury & Illness Prevention Programs

Monday, January 16, 2012

Workers Injury Rights Blog Launched

ADAO To Brief US Senate on Asbestos Jan 19, 2012

Insurance Group Changed With Fraudulently Syphoning Millions of Taxpayers Dollars

Sunday, January 15, 2012

Martin Luther King, Jr. (January 15, 1929 – April 4, 1968)

Workers RIghts Protected Under Federal Law

Friday, January 13, 2012

OSHA cites Newton, NJ, manufacturer for workplace safety and health violations- proposes nearly $49,000 in fines

Occupational Health: An International Effort Launched by WHO

Cold War Compensation Act - EEOICPA: US DOL Notifies Workers of 17 Facilities of Eligibility

US Department of Labor notifies workers of 17 facilities associated with Uranium Mill Tailings Radiation Control Act about potential eligibility under EEOICPA

Defense Base Act Bars Convoy Drivers Lawsuit Against KBR

Thursday, January 12, 2012

Nanomaterial Requires More Regulation by the EPA Inspector General Reports

Top Disability Research Papers

US Supreme Court Rules Outer Continental Shelf Lands Act Covers Work-Related Injuries

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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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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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