The U.S. Department of Labor's Occupational Safety and Health Administration has cited retail clothing chain Forever 21 Inc. with two repeat and five serious safety violations at its store in the Bridgewater Mall. OSHA opened an inspection in November 2011 upon receiving a complaint alleging blocked exit routes and improper storage of merchandise. Proposed penalties total $69,000.
"These violations are indicative of the kinds of safety concerns often found at department stores that put workers at serious risk," said Patricia Jones, director of OSHA's Avenel Area Office. "This company is well aware of OSHA's safety standards and needs to take appropriate steps to prevent these violations from recurring."
The repeat violations, with $50,000 in penalties, are failing to provide adequate workspace around electrical equipment and maintain an exit route free of obstructions. The same violations were cited in January 2010 at a Loan Tree, Colo., store. 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 serious violations, carrying $19,000 in penalties, include failing to ensure workers had full access to exits, keep storage areas free from tripping and fire hazards, ensure that a fire extinguisher was not blocked, provide employees with training on the use of fire extinguishers and properly store materials. 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.
"By establishing an injury and illness prevention program, this company can work with its employees to identify and eliminate hazardous conditions," said Robert Kulick, OSHA's regional administrator in New York.
Los Angeles-based Forever 21 Inc. employs 31 workers at the Bridgewater Mall store. The company 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.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Avenel office at 732-750-3270.
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 ensure 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.
Thursday, April 26, 2012
Wednesday, April 25, 2012
A Milestone for Workers' Compensation
Today, marks a significant milestone for this blog. It has had over 250,000 page views. When I launched it about 4 years ago, I wasn't really sure how much interest readers would have in the developments and trends of a system that was almost a century old.
Community involvement has been very instrumental in making the effort successful. I am very grateful to our readers and the large number of outstanding guest bloggers who have contributed to reaching this milestone.
Our current analytics reflects that there is a strong interest in the health and safety of workers, and the benefit system know as workers' compensation. It exists every single jurisdiction in the nation, and around the globe. The spectrum of story interest is as widely diverse as the multitude of programs in existence.
It is very encouraging to know that the expanding readership base has a growing concern about worker's health and safety. Hopefully, as workers' compensation programs continue to mature and develop, there will also remain a strong desire to create a healthier work environment. Hopefully this blog can continue to provide a forum for creative ideas.
Community involvement has been very instrumental in making the effort successful. I am very grateful to our readers and the large number of outstanding guest bloggers who have contributed to reaching this milestone.
Our current analytics reflects that there is a strong interest in the health and safety of workers, and the benefit system know as workers' compensation. It exists every single jurisdiction in the nation, and around the globe. The spectrum of story interest is as widely diverse as the multitude of programs in existence.
It is very encouraging to know that the expanding readership base has a growing concern about worker's health and safety. Hopefully, as workers' compensation programs continue to mature and develop, there will also remain a strong desire to create a healthier work environment. Hopefully this blog can continue to provide a forum for creative ideas.
Monday, April 23, 2012
Federal Court Dismisses Lawsuit to Preserve Missouri Second Injury Fund
A Federal Judge in Missouri dismissed a Federal lawsuit that was filed to forced the State of Missouri to fund its Second Injury Fund for workers' compensation beneficiaries.
The Court held:
“'Decisions over what programs to fund or not to fund generally represent a basic right and power possessed by the legislative branch....' 'Plaintiffs have cited no case law, and the Court is not aware of any, which stands for the proposition that a legislative decision to de-fund a program can represent a taking of a plaintiff’s entitlement.'”
Hon. Nanette Kay Laughrey
Click here to read the decision, Pettet v. May, No. 2:11-CV-04049-NKL (USDC W.D.Mo) Decided April 19, 2012
Click here to read the report in The Kansas City Business Journal
Related articles
The Court held:
“'Decisions over what programs to fund or not to fund generally represent a basic right and power possessed by the legislative branch....' 'Plaintiffs have cited no case law, and the Court is not aware of any, which stands for the proposition that a legislative decision to de-fund a program can represent a taking of a plaintiff’s entitlement.'”
Hon. Nanette Kay Laughrey
Click here to read the decision, Pettet v. May, No. 2:11-CV-04049-NKL (USDC W.D.Mo) Decided April 19, 2012
Click here to read the report in The Kansas City Business Journal
Related articles
- Workers' Compensation: Are Second Injury Funds Going to be History Soon? (workers-compensation.blogspot.com)
- Workers Compensation Is Quietly Under Attack in America (workers-compensation.blogspot.com)
- The Religious Opt-Out Scheme: A New Approach to Eliminate Workers' Compensation (workers-compensation.blogspot.com)
- Federal RICO Claim May Not Be Preempted by a State Workers Compensation Act (workers-compensation.blogspot.com)
- April is Distracted Driving Awareness Month (workers-compensation.blogspot.com)
NJ Supreme Court To Rule on Several Critical Issues
The NJ Supreme Court has before it three issues of critical importance concerning workers' compensation including: the standard of proof in a fatal heart claim; remedy for the failure of an insurance company to provide medical care, and the "exclusivity rule." These decisions have the potential to be landmark decisions.
1. Standard of Proof in a Fatal Heart Claim: Does the record support this workers' compensation claim under N.J.S.A. 34:15-7.2, which sets the standard of proof governing claims based on injury or death from cardiovascular causes?
Workers' Compensation benefits were awarded for a pulmonary embolism causally related to sedentary work activity. A NJ Appellate Court awarded benefits for the development of a pulmonary embolism precipitated by the inactivity of sitting long hours at a desk job.
Certification granted 6/7/11
Posted 6/10/11
Argued: 3/26/12
A-112-10 Wade Stancil v. ACE USA (067640)
Related articles
1. Standard of Proof in a Fatal Heart Claim: Does the record support this workers' compensation claim under N.J.S.A. 34:15-7.2, which sets the standard of proof governing claims based on injury or death from cardiovascular causes?
Workers' Compensation benefits were awarded for a pulmonary embolism causally related to sedentary work activity. A NJ Appellate Court awarded benefits for the development of a pulmonary embolism precipitated by the inactivity of sitting long hours at a desk job.
Certification granted: 2/14/12
Posted: 2/14/12
A-71-11 James P. Renner v. AT&T (068744)
2. Remedy for the Failure of the Insurance Company to Provide Medical Care:
May an employee who suffered a work-related injury pursue a common-law cause of action against a workers’ compensation carrier for willful failure to comply with court orders compelling it to provide medical treatment when the delay or denial of treatment causes the employee’s condition to worsen?
The NJ Supreme is going to review the procedure to bring bad faith claims against employers and insurance companies in workers' compensation actions. The Court accepted for review a case holding that workers' compensation bad faith claims are within the exclusive jurisdiction of the workers' compensation hearing official.
Posted 6/10/11
Argued: 3/26/12
A-112-10 Wade Stancil v. ACE USA (067640)
3. The Exclusivity Rule:
Under the circumstances of this case, which include a finding by the federal Occupational Safety and Health Administration that the accident was the result of a “willful violation” of its regulations, did the employer’s action constitute an “intentional wrong” that would preclude immunity under N.J.S.A. 34:15-8 of the workers’ compensation statute?
NJ Courts have held that trench accidents were not a mere fact of industrial life and were beyond intent of Act's immunity provision. A claim was permitted directly against the employer in addition to the workers' compensation action.
Certification granted 1/27/11
Posted 1/28/11
Argued: 10/12/11
A-69-10 Kenneth Van Dunk, Sr. v. Reckson Associates Realty Corp. (066949)
Related articles
- North Carolina: Jail Time for Uninsured Employers
- Health Benefits, US Supreme Court and Workers Compensation
- NJ Supreme Rules That Only a Physician Can Perform An EMG
- AIG Exits Workers Compensation As Comp Medical Issues Grow
- Maine Passes Laws Restricting Workers Compensation Benefits
- Federal RICO Claim May Not Be Preempted by a State Workers Compensation Act (workers-compensation.blogspot.com)
- The New Non-Subscriber Opt-Out Plan Is Emerging As The Alternative to Traditional Workers' Compensation (workers-compensation.blogspot.com)
Saturday, April 21, 2012
The New Non-Subscriber Opt-Out Plan Is Emerging As The Alternative to Traditional Workers' Compensation
Given birth by Bechtel in Massachusetts over a decade ago, nurtured by ERISA (Employee Retirement Income Security Act, 29 USCS § 1002) ) and fed by the increasing frustrations of employers and employees throughout the nation, the new non-subscription Opt-Out Plan has emerged as a leading alternative solution to traditional workers' compensation coverage.
It has been reported that since its formal adoption by Oklahoma last week, David DePaolo, the knowledgeable CEO of WorkCompCentral (and cycling enthusiast) reports that other states, including: Colorado, Kansas, Louisiana and Tennessee, will have legislation introduced to statutorily recognize the concept.
Related articles
- Oklahoma Injury Benefit Coalition: Oklahoma Senate Adopts Workers' Compensation Alternative That Will Help Retain Jobs and Protect Workers (sacbee.com)
- Maine Passes Laws Restricting Workers Compensation Benefits (workers-compensation.blogspot.com)
- AIG Exits Workers Compensation As Comp Medical Issues Grow (workers-compensation.blogspot.com)
- Workers Compensation Is Quietly Under Attack in America (workers-compensation.blogspot.com)
- Trending: Opting-Out of Workers' Compensation (workers-compensation.blogspot.com)
- Federal RICO Claim May Not Be Preempted by a State Workers Compensation Act (workers-compensation.blogspot.com)
Thursday, April 19, 2012
April 28th - Workers Memorial Day
April 28th is Worker Memorial Day. Observed each year, the event is a time to remember those who have suffered and died on the job, and it is a time to renew efforts to create safer workplaces.
For more information click here to visit the AFL-CIO site and/or The National Council for Occupational Safety and Health site.
Memorial for Workers
I write these words of honor, for those who gave their lives;
And for their families, their husbands and their wives.
For those whose lives were spent, doing what they must
Working for a living like every one of us.
Their time cut short, by things that didn’t have to be;
To make the workplace safer, for people like you and me.
To make sure their stories will never go untold;
To always keep their memories from ever growing cold.
We must remember the price they all had to pay;
When we honor the men and women on Workers Memorial Day.
Mike Baird
Lodge 21, International Association of Machinists and Aerospace Workers
Read April 28, 1995
And for their families, their husbands and their wives.
For those whose lives were spent, doing what they must
Working for a living like every one of us.
Their time cut short, by things that didn’t have to be;
To make the workplace safer, for people like you and me.
To make sure their stories will never go untold;
To always keep their memories from ever growing cold.
We must remember the price they all had to pay;
When we honor the men and women on Workers Memorial Day.
Mike Baird
Lodge 21, International Association of Machinists and Aerospace Workers
Read April 28, 1995
Related articles
- Maine Passes Laws Restricting Workers Compensation Benefits
- Washington Workers' Advisor Blog Launched
- Workers' Compensation: Are Second Injury Funds Going to be History Soon?
- April is Distracted Driving Awareness Month (workers-compensation.blogspot.com)
- Federal RICO Claim May Not Be Preempted by a State Workers Compensation Act (workers-compensation.blogspot.com)
Worker Fatality in Moorestown NJ Leads to OSHA Citation
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.
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.
Related articles
- New OSHA directive explains communications with victims' families following a workplace fatality
- OSHA proposes $121,000 in fines to Dollar Tree Stores for repeat workplace safety hazards at Newark, NJ store
- OSHA cites Clara Construction in Jersey City, NJ, for exposing workers to fall hazards
- OSHA cites Newton, NJ, manufacturer for workplace safety and health violations- proposes nearly $49,000 in fines
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