A new Occupational Safety and Health Administration directive guides OSHA representatives in communicating investigation procedures with family members following a workplace fatality. The guidance ensures that OSHA representatives speak to the victim's family early in the inspection process, establish a point of contact, and maintain a working relationship with the family.
"OSHA is committed to working with families to explain the circumstances surrounding the deaths of their loved ones," said Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels. "This directive ensures that OSHA receives the necessary information from the family to assist in the investigation, and keeps the family informed throughout the investigation and settlement processes."
Under the new directive, OSHA representatives will contact the victim's family to explain the investigation process, timeline, and provide the family with updates throughout the investigation. Once the investigation is closed, OSHA will explain findings to the family and address any questions. If an employer has been issued citations, OSHA will provide a copy of the citation(s) to the family.
More information about the new directive is available on OSHA's directive page (PDF*). Employers must notify OSHA within eight hours of a workplace fatality, including fatal heart attacks that occur at work. These reports may be made by telephone or in person to the nearest area office or by calling OSHA's toll-free number, 1-800-321-OSHA [6742].
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
Copyright
(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Wednesday, April 18, 2012
Saturday, April 14, 2012
Maine Passes Laws Restricting Workers Compensation Benefits
The The Bangor Daily reports that the State of Maine is in the process of legislatively restricting workers ' compensation benefits. The law overhaul's the system with the following changes:
• The elimination of a requirement that employers must continue paying benefits during an appeal.
• A new appeals divisions with authority to create rules of procedure.
• A shortened time period in which a notice of injury must be given, from 90 days to 30 days.
• A changed maximum benefit, from 80 percent of an employee’s net weekly wages to 66 percent of gross weekly wages.
The main elements of the program overhaul include:
• Altered eligibility requirements and the creation of a 10-year cap for employees who are permanently impaired with partial incapacity.• The elimination of a requirement that employers must continue paying benefits during an appeal.
• A new appeals divisions with authority to create rules of procedure.
• A shortened time period in which a notice of injury must be given, from 90 days to 30 days.
• A changed maximum benefit, from 80 percent of an employee’s net weekly wages to 66 percent of gross weekly wages.
Related articles
- Trending: Opting-Out of Workers' Compensation (workers-compensation.blogspot.com)
- Federal Appeals Court Allows Case to Go Forward Against Zurich For Obstruction Of Workers Compensation Claim (workers-compensation.blogspot.com)
- AIG Exits Workers Compensation As Comp Medical Issues Grow (workers-compensation.blogspot.com)
- Federal RICO Claim May Not Be Preempted by a State Workers Compensation Act (workers-compensation.blogspot.com)
- Workers' Compensation: Are Second Injury Funds Going to be History Soon? (workers-compensation.blogspot.com)
Friday, April 13, 2012
Facebook Creating Even A Greater Problem in Comp Claims
(Photo credit: Wikipedia)
Facebook's new announcement today creates even a greater problem for workers' compensation claimants. Providing even greater historical information about an unsophisticated Facebook user puts even more information, out of context, into the hands of the employer during litigation which can be detrimental to a claim.See Facebook Privacy Blog
"Starting today, you will be able to download an expanded archive of your Facebook account history. First introduced in 2010, Download Your Information lets you get a copy of what you've shared on Facebook, such as photos, posts, messages, a list of friends and chat conversations. Now you can access additional categories of information, including previous names, friend requests you've made and IP addresses you logged in from. This feature will be rolling out gradually to all users and more categories of information will be available for download in the future. Download Your Information is available from your Facebook Account Settings."
Related articles
- Workers Compensation Is Quietly Under Attack in America (workers-compensation.blogspot.com)
- Facebook Offers Up More Data To Download, Includes IP Address Data (marketingland.com)
- Workers Compensation: A Cash Cow For Medical Providers (workers-compensation.blogspot.com)
Related articles
Thursday, April 12, 2012
Tobacco Industry Argues Against New Cigarette Warnings
Big Tobacco continues to argue against the Federal requirement of new dramatic warnings of cigarette packs. Tobacco is the a leading contributing cause for death in the workplace.
Click here to read more from Jurist blog....
"A panel of judges for the US Court of Appeals for the District of Columbia Circuit [official website] heard oral arguments on Tuesday over the constitutionality of newFood and Drug Administration (FDA) [official website] regulations [text] requiring cigarette packaging and advertisements to display more prominent graphic health warning labels [materials]. A federal judge issued a permanent injunction [JURIST report] last month prohibiting the warnings as unconstitutional. The new requirements of graphic image and textual warning labels were imposed by the Family Smoking Prevention and Tobacco Control Act (FSPTCA) [HR 1256 text].
Click here to read more from Jurist blog....
"A panel of judges for the US Court of Appeals for the District of Columbia Circuit [official website] heard oral arguments on Tuesday over the constitutionality of newFood and Drug Administration (FDA) [official website] regulations [text] requiring cigarette packaging and advertisements to display more prominent graphic health warning labels [materials]. A federal judge issued a permanent injunction [JURIST report] last month prohibiting the warnings as unconstitutional. The new requirements of graphic image and textual warning labels were imposed by the Family Smoking Prevention and Tobacco Control Act (FSPTCA) [HR 1256 text].
Related articles
- National Asbestos Awareness Week - April 1 to 7 2012 (workers-compensation.blogspot.com)
- Cell Phone Hearing Use Results in $1.2 Million in Compensation Benefits (workers-compensation.blogspot.com)
- California Attorney General Announces Settlement Requiring Honest Advertising over Brazilian Blowout Products (workers-compensation.blogspot.com)
- New Graphic Warning Labels on Cigarettes Pass Another Hurdle (healthland.time.com)
- U.S. Appeals court backs FDA's graphic tobacco warning labels (cbsnews.com)
Washington Workers' Advisor Blog Launched
A new blog, Washington Workers' Advisor, has been launched to provide information about law, policy and safety in the workplace. Jay Causey, of the Causey Law Firm said, that the "blog will apply decades of legal experience and expertise to keep the reader informed about trends and developments in workers' compensation law, social security disability, maritime claims, and other legal issues important to working people."
Attorney Jay Causey has practiced for over 30 years in the area of workers' compensation and disability law, including Washington State workers' compensation claims, Social Security Disability cases, Longshore and Harbor workers' Act cases, Defense Base Act claims, and maritime injury. The Causey Law Firm, located in Seattle, Washington, is a nationally recognized firm serving clients in Washington State. It exclusively represents individuals who have been injured or have become disabled.
Related articles
- Workers Compensation Is Quietly Under Attack in America (workers-compensation.blogspot.com)
- Federal RICO Claim May Not Be Preempted by a State Workers Compensation Act (workers-compensation.blogspot.com)
- Workers Compensation: A Cash Cow For Medical Providers (workers-compensation.blogspot.com)
- Trending: Opting-Out of Workers' Compensation (workers-compensation.blogspot.com)
- Workers' Compensation: Are Second Injury Funds Going to be History Soon? (workers-compensation.blogspot.com)
- AIG Exits Workers Compensation As Comp Medical Issues Grow (workers-compensation.blogspot.com)
Wednesday, April 11, 2012
GAO Releases Report on Medicare Secondary Recovery Procedures
The US Government Accounting Office has released a report concerning the efficiency of the Medicare Secondary Recovery process.
Identified Issues:
"To improve the MSP program, GAO is making recommendations to improve the cost-effectiveness of recovery, decrease the reporting burden for NGHPs, and improve communications with NGHP stakeholders. CMS agreed with these recommendations."
Identified Issues:
- Contractor performance. Challenges related to the timeliness of the MSPRC and WCRC were identified, including significant increases in the time required to complete important tasks. CMS reported taking steps to address the challenges with each of these contractors’ performance.
- Demand and recovery issues. Challenges were identified related to the timing of demand amounts, the cost-effectiveness of recovery efforts, and the amounts of Medicare demands from liability settlements. CMS reported taking steps to address some, but not all, of these challenges.
- Mandatory reporting. Key challenges were identified with certain aspects of mandatory reporting: determining whether individuals are Medicare beneficiaries, supplying diagnostic codes related to individuals’ injuries, and reporting all liability settlement amounts. CMS reported taking steps to address some, but not all, of these challenges.
- CMS guidance and communication. Key challenges were identified related to CMS guidance and communication about the MSP process, guidance on Medicare set-aside arrangements, and beneficiary rights and responsibilities. CMS has taken few steps to address these challenges.
"To improve the MSP program, GAO is making recommendations to improve the cost-effectiveness of recovery, decrease the reporting burden for NGHPs, and improve communications with NGHP stakeholders. CMS agreed with these recommendations."
Related articles
- Workers Compensation: A Cash Cow For Medical Providers (workers-compensation.blogspot.com)
- EPA Approves New Jersey's List of Polluted Water Bodies; Sewage Pollution Continues to be a Major Problem in New Jersey (workers-compensation.blogspot.com)
- Trending: Opting-Out of Workers' Compensation (workers-compensation.blogspot.com)
- Nursing Home Abuse: Drugging of Patients (workers-compensation.blogspot.com)
Company Faces Fine for Failing to Inform Residents about the Presence of Lead-based Paint and its Dangers
Lead paint at worksites remains a clear and present danger to workers. The U.S. Environmental Protection Agency has issued a complaint against CRM Rental Management, Inc. of Rome, N.Y. for not informing residents of its buildings about potential lead-based paint in their apartments.
It is estimated that three-quarters of U.S. residential dwellings built before 1978 contain some lead-based paint. Infants and young children are especially vulnerable to lead-based paint exposure, which can cause IQ deficiencies, reading and learning disabilities, impaired hearing, reduced attention spans, hyperactivity and behavioral problems. CRM Rental Management faces over $140,000 in potential fines for 43 instances in which the company failed to properly inform residents of four buildings in New Hartford and Rome, New York about the potential presence of lead-based paint.
“Lead paint is a serious threat to children’s health and disclosure can arm families with information they need to protect their kids,” said Judith A. Enck, EPA Regional Administrator. "Rental agents, property managers and building owners are required to follow EPA lead paint disclosure requirements and make sure people are aware of potential lead hazards in homes.”
Lead poisoning remains one of the most prevalent threats to children's well-being but it is also one of the most preventable. Under federal law, families have the right to know whether there are any potential lead-paint hazards in a prospective home, and must be informed about the harm lead can inflict on small children. Pregnant women and children younger than age six are among the most vulnerable to adverse health risks from lead-based paint.
EPA regulations require real estate management companies and property owners that sell or rent housing built before 1978 to provide renters or buyers with a form that contains a warning about the dangers of lead-based paint and discloses information about its presence. People renting or buying an apartment or home must verify that they received the required warning and disclosure information, including the EPA pamphlet, Protect Your Family from Lead in Your Home.Prospective purchasers have a 10-day opportunity to assess the property for risks for the presence of lead-based paint.
The complaint against CRM Rental Management alleges that the company failed to provide residents with lead-based paint warning and disclosure statements, making them aware of records or reports that would alert them to potential lead-based paint hazards, and secure required signatures verifying that the required information was received.
In collaboration with the U.S. Department of Housing and Urban Development and the Centers for Disease Control, EPA operates the National Lead Information Center, including a toll-free hotline that can be reached at 1-800-424-LEAD (5323).
For more information on lead and the risks posed by lead paint, visit: http://www.epa.gov/lead......
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
It is estimated that three-quarters of U.S. residential dwellings built before 1978 contain some lead-based paint. Infants and young children are especially vulnerable to lead-based paint exposure, which can cause IQ deficiencies, reading and learning disabilities, impaired hearing, reduced attention spans, hyperactivity and behavioral problems. CRM Rental Management faces over $140,000 in potential fines for 43 instances in which the company failed to properly inform residents of four buildings in New Hartford and Rome, New York about the potential presence of lead-based paint.
“Lead paint is a serious threat to children’s health and disclosure can arm families with information they need to protect their kids,” said Judith A. Enck, EPA Regional Administrator. "Rental agents, property managers and building owners are required to follow EPA lead paint disclosure requirements and make sure people are aware of potential lead hazards in homes.”
Lead poisoning remains one of the most prevalent threats to children's well-being but it is also one of the most preventable. Under federal law, families have the right to know whether there are any potential lead-paint hazards in a prospective home, and must be informed about the harm lead can inflict on small children. Pregnant women and children younger than age six are among the most vulnerable to adverse health risks from lead-based paint.
EPA regulations require real estate management companies and property owners that sell or rent housing built before 1978 to provide renters or buyers with a form that contains a warning about the dangers of lead-based paint and discloses information about its presence. People renting or buying an apartment or home must verify that they received the required warning and disclosure information, including the EPA pamphlet, Protect Your Family from Lead in Your Home.Prospective purchasers have a 10-day opportunity to assess the property for risks for the presence of lead-based paint.
The complaint against CRM Rental Management alleges that the company failed to provide residents with lead-based paint warning and disclosure statements, making them aware of records or reports that would alert them to potential lead-based paint hazards, and secure required signatures verifying that the required information was received.
In collaboration with the U.S. Department of Housing and Urban Development and the Centers for Disease Control, EPA operates the National Lead Information Center, including a toll-free hotline that can be reached at 1-800-424-LEAD (5323).
For more information on lead and the risks posed by lead paint, visit: http://www.epa.gov/lead......
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
Related articles
- EPA Issues Annual Report on Chemicals Released Into Land, Air and Water in New Jersey (workers-compensation.blogspot.com)
Subscribe to:
Posts (Atom)