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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Monday, June 24, 2013

OSHA settles with Nebraska-based ConAgra Foods to protect workers from anhydrous ammonia

ConAgra Foods, Inc. dba Lamb Weston, Inc. has signed a settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration to protect workers at five of its facilities from the release of anhydrous ammonia from refrigeration systems.

The agreement protects workers at Idaho, Arkansas, Missouri and Ohio facilities of the Nebraska-
based company. It requires ConAgra to implement controls to reduce hazards associated with release of ammonia from low pressures receivers.

"This agreement ensures that ConAgra will protect workers from releases of ammonia by enclosing older LPRs that were not already enclosed, and by providing other controls such as normal and emergency ventilation to prevent exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "OSHA's corporate-wide settlement agreements are highly effective tools for ensuring that companies take a systemic approach to addressing hazards that can injure or kill their workers."

OSHA's Process Safety Management standard requires employers to document that equipment that was designed to meet codes and standards no longer in general use is still safe to operate under OSHA standards. OSHA originally cited ConAgra for failing to determine whether these older LPRs were being operated safely.

Under the agreement, ConAgra will implement administrative and engineering controls at the covered LPRs to control hazards associated with the release of ammonia. This includes building enclosures around equipment that is not already enclosed. Each enclosure must include normal and emergency ventilation that meets specified requirements, automatic switches for both normal and emergency ventilation and ammonia detection alarms. Egress doors for the enclosures will be required to include panic hardware and to swing in the direction of egress.

The agreement is the result of an inspection conducted at the company's American Falls, Idaho, facility, initiated under OSHA's PSM Covered Chemical Facilities National Emphasis Program, established to reduce or eliminate the workplace hazards associated with the catastrophic release of highly hazardous chemicals.

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.

Read more about "ammonium:
Dec 01, 2012
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has .
Nov 30, 2012
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has .
Feb 20, 2008
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has ...


The 12 Things You Must Do If You Are Hurt At Work

Today's post comes from guest author Paul J. McAndrew, Jr. from Paul McAndrew Law Firm.

Injured workers call me all the time asking me what they need to do to make sure they protect their legal rights.  If you are hurt on the job, whether it is due to an acute traumatic injury (like cutting yourself on a saw), cumulative-trauma injury (like carpal-tunnel syndrome) or some other job-related injury, there are several basic things you should do. If you do not do any of the things on the list below, you may lose your rights under workers’ compensation law

Although there may be rare exceptions to this list,  following it will leave you reasonably secure that your rights are protected:
  1. Report the injury. By “injury,” I mean almost any condition including but not limited to (a) an acute traumatic injury, (b) a cumulative-trauma injury, or (c) a disease or a hearing loss. You should report the injury to your supervisor or company nurse (for clarity we’ll just call these people your Supervisor from here on out), making clear your injury was caused by work. Under Iowa law, you need to make the report within 90 days of the date of your injury.
  2. Make sure your Supervisor prepares a company accident report.  If your Supervisor won’t prepare the report,

Sunday, June 23, 2013

NJ Workers' Compensation Judge Looses Her Own Case

A NJ Workers' Compensation judge was denied benefits after sustaining injuries as a result of a motor vehicle accident while traveling from her home to a NJ workers' compensation district courthouse that she was supervising.  

The Appellate Court, affirming a trial court dismissal, ruled, that even though the judge was afforded mileage reimbursement. The Court stated that there was no proof that her commute to work was part of her actual work day. It also  reasoned that there was no "special hazards" incurred by the travel, nor was it considered a "special mission." Therefore, the denial of benefits was affirmed under the "coming and going" rule.

Audrey Kernan v. State of NJ, Docket A-4261-11T4 (Decided June 19, 2013)

Read more about "The Coming and Going Rule" and workers' compensation:

Single Payer A Possibility for New York City Employees

The single payer medical benefit system, a program that brings workers compensation into a universal care program, maybe the future for NY City employees. Anthony D. Weiner, a Democratic Candidate, is proposing the change.

"Vowing to “make New York City the single-payer laboratory in the country” if he is elected
mayor, Anthony D. Weiner on Thursday presented an ambitious plan to create a Medicare-like system for the coverage of municipal workers, retirees and uninsured immigrant residents left out of the Affordable Care Act."

Click here to read: "Weiner Wants City to Test Single-Payer Health Care" The NY Times

NJ Uninsured Fund Cracks Down on Uninsured Employers

It has been reported tat the NJ Uninsured Fund is vigorously seeking reimbursement for assessments and penalties from employers who do not have workers' compensation insurance. 

In a recent case, a former employer was required to reach a deal with the NJ Attorney
General's Office to repay $111,813.00. It was reported that the former employer had to mortgage his house for repayment in order to avoid a potential 18 month prison term and a $10,000 fine in addition to the assessment.

Click here to read: Franklin Lakes business owner must mortgage home to avoid jail in workers compensation case

Saturday, June 22, 2013

Distracted Walkers Are a Workplace Hazard

Over the last 2 days I watched at least a half-a-dozen people walking in the streets with a cellphone in their hands, and totally ignoring all traffic signals and vehicles around them. We are too quick to blame workers for causing all accidents through the use of cellphones.  Pedestrians on many occasions ignore all reason and logic, and walk in front of vehicles oblivious to the world.

Read: Distracted Walking: Injuries Soar for Pedestrians on Phones 

Cell Phone Use Not Just Dangerous for Drivers, Study Finds

"More than 1,500 pedestrians were estimated to be treated in emergency rooms in 2010 for injuries related to using a cell phone while walking, according to a new nationwide study."

Friday, June 21, 2013

A Lesson: The White House Seeks To Enlist LeBron James to Sell Obamacare

After last night's NBA title victory by the Miami Heat*, it has been reported that The Obama Administration is seeking to recruit LeBron James to sell Obamacare (The Affordable Care Act) 


Photo Credit: whitehouse.gov
Perhaps that idea could be mirrored in the effort to defend traditional workers'  compensation programs as more beneficial systems than Opt-Out systems and the denial of benefits for professional athletes.

Read: White House seeks NBA assist on Obamacare

*Heat Melt Spurs To Win Second Consecutive NBA Title
LeBron James had 37 points and 12 rebounds and the Miami Heat repeated as champions with a 95-88 victory over the San Antonio Spurs in Game 7 of the NBA Finals ....
More at NPR.org:
http://n.npr.org/NPRI/jN414323625_1737920_1737919_Z.htm