The U.S. Department of Labor's Occupational Safety and Health Administration has cited American Biltrite Inc. for one repeat and nine serious safety and health violations at its Moorestown facility. An OSHA investigation was initiated in November 2011 following the death of a worker who was crushed in a coating machine while attempting to clear a jam. The company failed to use energy control, or "lockout/tagout," procedures prior to allowing the employee to enter the machine's danger area.
The serious violations include failing to provide a lockout/tagout program for the energy sources of equipment, provide appropriate working space around electrical equipment, provide an eyewash station, ensure that proper equipment guards were in place to prevent workers from coming into contact with moving parts, ensure the proper use of flexible cords, take adequate precautions to prevent the ignition of flammable vapors and require employees to wear goggles when handling corrosive chemicals. 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.
The repeat violation is permitting Class I flammable liquids to be dispensed into containers without the nozzle and the container being electrically connected, which creates the potential for ignition. The company was cited for the same violation in 2010. 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.
"This company continues to compromise the safety of its workers by disregarding OSHA's safety and health standards," said Paula Dixon-Roderick, director of OSHA's Marlton Area Office. "Employers are responsible for ensuring safe and healthful workplaces, and will be held legally accountable when they fail to do so."
Wellesley Hills, Mass.-based American Biltrite Inc. manufactures and distributes commercial flooring and performance sheet rubber throughout America, and employs 130 workers at the Moorestown site. Proposed penalties total $51,300.
The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
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(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Thursday, April 19, 2012
Wednesday, April 18, 2012
New OSHA directive explains communications with victims' families following a workplace fatality
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.
"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.
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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)
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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].
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- 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)
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