Fashion Safety - Why Won't American Companies Get In Line?

US retailers are continuing to ignore the deadly working conditions in Bangladesh. Fashion Safety was the 1911 catalyst for bringing safer working conditions to Americans and established a legal basis for compensation for occupational injuries outside of the civil justice system.

While the European companies are now joining together, along with economic interests, to establish a program for safer Bangladeshi garment factories following the recent tragedies, major US retailers like Walmart, Target and the Gap are ignoring the effort.

"Labor and consumer groups have pressed Western retailers to join the plan, especially after the factory building collapse and after a fire last November killed 112 workers in a Bangladesh factory. The plan, which many labor unions and nongovernment organizations also have signed, is called the Accord on Fire and Building Safety in Bangladesh."
Click here to read: Clothiers Act To Inspect Bangladeshi Factories (NY Times)

Safety Inspector Sought

Bangladesh Safety Accord Seeks Chief Safety Inspector. The Accord on Fire and Building Safety in Bangladesh garment factories is seeking a chief Safety Inspector to recruit, train, deploy and manage an inspectorate in Bangladesh to protect the safety and health of four million garment workers. The Accord has been signed by more than 50 clothing companies and the Global Unions IndustriALL and UNI. The Safety Inspector will be paid US$200,000 and divide his/her time between Dhaka, Bangladesh and an office in Europe. All interested candidates can obtain the full job description from <bangladeshaccord@gamil.com> and the application period closes on July 30, 2013.

Text of job announcement:

Accord on Fire and Building Safety in Bangladesh

Safety Inspector: Terms of Reference / Job Posting

Introduction

The Accord on Fire and Building Safety in Bangladesh (“Accord”) is an historic agreement between the Global Unions IndustriALL, and UNI, and numerous global Brands and Retailers, to improve safety standards in Bangladeshi textile and garment industries. The Accord is governed by a Steering Committee appointed by the signatories.

Terms of Reference

The Safety Inspector, reporting to the Steering Committee, will recruit, train, develop, deploy and supervise an inspectorate capable of evaluating fire and electrical safety, structural safety, and worker safety in Bangladeshi garment factories that supply the Brands. The successful candidate will divide his/her time between Dhaka, Bangladesh and an office to be established in Europe.

The Safety Inspector will coordinate a preliminary classification of factories based on existing and provided information, brief initial inspections where necessary, and take into consideration other recent audits performed by some of the Brands.

S/he will recommend to the Accord Steering Committee fire safety and building safety standards that will be applied by the Accord. Developing these recommendations is anticipated to be an ongoing process that may take a considerable amount of time. These must satisfy, but may go well beyond, existing Bangladeshi regulations and standards.

S/he will recommend to the Steering Committee a methodology for safety inspections and interventions, taking into consideration the successes and failures of previous similar initiatives. This methodology must be able to be set out as guidelines for the inspectorate to be trained on and to follow. Methodologies may be necessary for both quick screening inspections and more in-depth analyses.

The Safety Inspector and the inspectorate must as a group be capable of evaluating:

- structural hazards such as design and material deficiency, insufficient consideration of geological or environmental conditions, overloading, etc.

- fire hazards, including general housekeeping, storage of flammables, dust control, sources of ignition (cutting, welding, open flame, electrical installations, heating systems, boilers etc.), as well as inadequate emergency procedures and escape routes.

- workplace hazards resulting from unsafe materials (including dangerous chemicals), tools, electrical installations, equipment, poor ergonomic design, or a contaminated or overcrowded workplace environment.

- hazards resulting from work organization, such as lack of training, lack of effective workplace health and safety committees, lack of attention to workers' rights (such as the right to refuse unsafe work) and other management policies and practices that would put buildings and the people in them at risk.

The Safety Inspector and the inspectorate as a group will prioritize factories based on the degree of remediation required. Based on the inspection findings, s/he will recommend remedial action for building and fire safety, including worker and management training, fire detection, protection, and firefighting measures, as well as evacuation measures and the need for practice drills. These recommendations will be provided to factory owners, Brands contracting products from the factories and the Steering Committee.

The preceding points are not an exhaustive list. The Safety Inspector will work with the Steering Committee to establish a more complete job description.

Qualifications and Skills Desired

The ideal candidate will be able to apply extensive technical skills with leadership, diplomacy, and courage.

Qualifications

The ideal candidate will have knowledge of most of the safety disciplines described below, but it is understood that the successful person may not have expert-level knowledge in all these areas and should be free to consult other experts where required.

- Bachelor's degree or higher in a related discipline such as civil, structural, or fire engineering

- Thorough knowledge of the building and/or fire safety codes of a high-standard jurisdiction.

- Professional certification or licensing by a major national or international body

- Minimum 10 years of relevant experience

Skills

- The skills necessary to establish and lead a group and administer a budget approved by the Steering Committee are essential.

-  Evidence of social and cultural sensitivity; some knowledge of human and labour rights, are important assets.

Compensation

This is a high-level position. Depending on qualifications and experience, the salary for this position will be in the range of $200,000 USD with a generous benefits package.

How to Apply

Closing date for applications: 30 July, 2013

Contact: Please send a letter of interest and a detailed curriculum vitae with references to:

Interim Secretariat
Accord on Fire and Building Safety in Bangladesh
c/o UNI Global Union
8-10 avenue Reverdil
CH-1260 Nyon
Switzerland

Email: bangladeshaccord@gmail.com

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Medicare Classifies Over 9.6 Billion Each Year as Overpayments-Some Are Uncollectible

CMS identifies billions of dollars in Medicare overpayments to health care providers each year. In fiscal year (FY) 2010, overpayments totaled $9.6 billion. However, not all overpayments are recovered. 

Overpayments for which the provider has not made a repayment for at least 6 months after

the due date on the Medicare demand letter are classified as "currently not collectible" (CNC) and are not reported on CMS's annual financial statements. These overpayments are not reported on the financial statements because they are likely not to be recovered.

CMS reported $543 million in new CNC overpayments across all contractors in FY 2010. However, CMS provided detailed information on $69 million in CNC overpayments for only seven contractors. Citing contractor transitions, CMS did not provide detailed data for the remaining 32 contractors. For 54 percent of CNC overpayments associated with the seven contractors, the provider type was missing in HIGLAS. For the seven contractors, 97 percent of FY 2010 CNC overpayments were not recovered. According to contractors, inaccurate provider contact information delays or prevents some overpayment demand letters from reaching providers. In addition, CMS and contractors reported that expanding the types of provider identifiers used to recover payments could improve debt collection efforts.

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Obama Administration Delays and Simplifies Rules on Health Care

"As we implement this law, we have and will continue to make changes as needed. In our ongoing discussions with businesses we have heard that you need the time to get this right. We are listening. So in response to your concerns, we are making two changes.  

"First, we are cutting red tape and simplifying the reporting process. We have heard the concern that the reporting called for under the law about each worker’s access to and enrollment in health insurance requires new data collection systems and coordination. So we plan to re-vamp and simplify the reporting process. Some of this detailed reporting may be unnecessary for businesses that more than meet the minimum standards in the law. We will convene employers, insurers, and experts to propose a smarter system and, in the interim, suspend reporting for 2014.

"Second, we are giving businesses more time to comply. As we make these changes, we believe we need to give employers more time to comply with the new rules. Since employer responsibility payments can only be assessed based on this new reporting, payments won’t be collected for 2014. This allows employers the time to test the new reporting systems and make any necessary adaptations to their health benefits while staying the course toward making health coverage more affordable and accessible for their workers.

Click here to read the complete announcement: 

Missouri Governor Supports Workers' Compensation Privacy and Vetos Database Legislation

Missouri Governor Jay Nixon vetoed legislation that would have created a database of all Missourians who had filed for workers' compensation benefits. 

In vetoing the legislation, Governor Nixon stressed that privacy of workers' compensation matters was paramount.

Click here to read Governor Nixon's veto letter.

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New Vital Signs Report How has the prescription painkiller overdose epidemic grown in women

The prescription painkiller epidemic is killing more women than ever before. New data shows prescription painkiller overdose deaths among women have skyrocketed. Since 1999, the percentage increase in deaths was more than 400 percent among women compared to 265 percent in men.

"About 18 women die every day of a prescription painkiller overdose in the US, more than 6,600 deaths in 2010. Prescription painkiller overdoses are an under-recognized and growing problem for women."

To read more about this report click here: US CDC

Click here to read "Press Release: Prescription Painkiller Epidemic Among Women"

Read more about painkillers and workers' compensation:

Workers Compensation Insurance Company and PBMs Liability for

Oct 28, 2009

A pharmacy dispensed narcotic painkillers to a Patricia Copening, 35 year old doctor's office receptionist, who killed a 21 year old man in a fatal Las Vegas accident. A case is pending against the seven pharmacies (Wal-Mart, ...

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Workers' Compensation: Opioid Use in Workers' Compensation

Jun 18, 2013

Labels: Drugs, opioids, pain killers, Prescription medication, workers compensation. Posted by Jon Gelman at Tuesday, June 18, 2013 · Email ThisBlogThis!Share to TwitterShare to Facebook · Newer Post Older Post Home ...

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Florida, Oxycodone Trafficking, Workers Compensation and Blame

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Researchers from the Centers for Disease Control and Prevention report that Schedule II prescription painkillers, like oxycodone, today cause more drug overdose deaths than cocaine and heroin combined. Oxycodone and ...

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Workers' Compensation: Criminal Charges Urged Against Sedgwick

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The American Workforce is Working At Home

What is considered "Off-Premises Work" is now a rapidly changing concept in workers' compensation. Challenging compensability is therefore becoming a more difficult concept for employers.

AMERICAN TIME USE SURVEY —2012 RESULTS

In 2012, on days they worked, 23 percent of employed persons did some or all of their work at home,
the U.S. Bureau of Labor Statistics reported today. Among workers age 25 and over, those with a
bachelor’s degree or higher were more likely to work at home than were persons with less education—
38 percent of those with a bachelor’s degree or higher performed some work at home on days worked
compared with 5 percent of those with less than a high school diploma.

These and other results from the American Time Use Survey (ATUS) were released today. These data
include the average amount of time per day in 2012 that individuals worked, did household activities,
and engaged in leisure and sports activities.

• Employed persons worked an average of 7.7 hours on the days they worked. More hours were worked, on average, on weekdays than on weekend days—8.0 hours compared with 5.7 hours.
• On the days they worked, employed men worked 55 minutes more than employed women. This difference partly reflects women’s greater likelihood of working part time. However, even among full-time workers (those usually working 35 hours or more per week), men worked longer than women—8.5 hours compared with 7.9 hours.
• Many more people worked on weekdays than on weekend days—83 percent of employed persons worked on an average weekday, compared with 34 percent on an average weekend day.
• On the days they worked, 85 percent of employed persons did some or all of their work at their workplace and 23 percent did some or all of their work at home. They spent more time working at the workplace than at home—7.9 hours compared with 3.0 hours.
• Multiple jobholders were more likely to work on an average day than were single jobholders—83 percent compared with 67 percent.
• Self-employed workers were nearly three times more likely than wage and salary workers to have done some work at home on days worked—56 percent compared with 20 percent. Self-employed workers also were more likely to work on weekend days than were wage and salary workers—42 percent compared with 31 percent.
• On the days they worked, 38 percent of employed people age 25 and over with a bachelor’s degree or higher did some work at home, compared with only 5 percent of those with less than a high school diploma. 

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President Obama Tightens Bangladesh Trade Over Worker Safety Issues

TO MODIFY DUTY-FREE TREATMENT UNDER THE
GENERALIZED SYSTEM OF PREFERENCES AND FOR OTHER PURPOSES

- - - - - - -

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

1. Section 502(b)(2)(G) of the Trade Act of 1974, as amended (the "1974 Act") (19 U.S.C.

2462(b)(2)(G)), provides that the President shall not designate any country a beneficiary developing country under the Generalized System of Preferences (GSP) if such country has not taken or is not taking steps to afford internationally recognized worker rights to workers in the country (including any designated zone in that country). Section 502(d)(2) of the 1974 Act (19 U.S.C. 2462(d)(2)) provides that, after complying with the requirements of section 502(f)(2) of the 1974 Act (19 U.S.C. 2462(f)(2)), the President shall withdraw or suspend the designation of any country as a beneficiary developing country if, after such designation, the President determines that as the result of changed circumstances such country would be barred from designation as a beneficiary developing country under section 502(b)(2) of the 1974 Act. Section 502(f)(2) of the 1974 Act requires the President to notify the Congress and the country cocerned at least 60 days before terminating its designation as a beneficiary developing country for purposes of the GSP.

2. Having considered the factors set forth in section 502(b)(2)(G) and providing the notification called for in section 502(f)(2), I have determined pursuant to section 502(d) of the 1974 Act, that it is appropriate to suspend Bangladesh's designation as a GSP beneficiary developing country because it has not taken or is not taking steps to afford internationally recognized worker rights to workers in the country. In order to reflect the suspension of Bangladesh's status as a beneficiary developing country under the GSP, I have determined that it is appropriate to modify general notes 4(a) and 4(b)(i) of the Harmonized Tariff Schedule of the United States (HTS).

3. Section 503(c)(2)(A) of the 1974 Act provides that beneficiary developing countries, except those designated as least-developed beneficiary developing countries or beneficiary sub-Saharan African countries as provided in section 503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), are subject to competitive need limitations on the preferential treatment afforded under the GSP to eligible articles.

4. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined that in 2012 certain beneficiary developing countries exported eligible articles in quantities exceeding

the applicable competitive need limitations, and I therefore terminate the duty-free treatment for such articles from such beneficiary developing countries.

5. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(i)) provides that the President may disregard the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act (19 U.S.C. 2463(c)(2)(A)(i)(II)) with respect to any eligible article from any beneficiary developing country, if the aggregate appraised value of the imports of such article into the United States during the preceding calendar year does not exceed an amount set forth in section 503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)).

6. Pursuant to section 503(c)(2)(F)(i) of the 1974 Act, I have determined that the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act should be disregarded with respect to certain eligible articles from certain beneficiary developing countries.

7. Section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)) provides that the President may waive the application of the competitive need limitations in section 503(c)(2) of the 1974 Act with respect to any eligible article from any beneficiary developing country if certain conditions are met.

8. Pursuant to section 503(d)(1) of the 1974 Act, I have received the advice of the United States International Trade Commission on whether any industry in the United States is likely to be adversely affected by waivers of the competitive need limitations provided in section 503(c)(2), and I have determined, based on that advice and on the considerations described in sections 501 and 502(c) of the 1974 Act (19 U.S.C. 2462(c)) and after giving great weight to the considerations in section 503(d)(2) of the 1974 Act (19 U.S.C. 2463(d)(2)), that such waivers are in the national economic interest of the United States. Accordingly, I have determined that the competitive need limitations of section 503(c)(2) of the 1974 Act should be waived with respect to certain eligible articles from certain beneficiary developing countries.

9. Section 503(d)(4)(B)(ii) of the 1974 Act (19 U.S.C. 2463(d)(4)(B)(ii)) provides that the President should revoke any waiver of the application of the competitive need limitations that has been in effect with respect to an article for 5 years or more if the beneficiary developing country has exported to the United States during the preceding calendar year an amount that exceeds the quantity set forth in section 503(d)(4)(B)(ii)(I) or section 503(d)(4)(B)(ii)(II) of the 1974 Act (19 U.S.C. 2463(d)(4)(B)(ii)(I) and 19 U.S.C. 2463(d)(4)(B)(ii)(II)).

10. Pursuant to section 503(d)(4)(B)(ii) of the 1974 Act, I have determined that in 2012 certain beneficiary developing countries exported eligible articles for which a waiver has been in effect for 5 years or more in quantities exceeding the applicable limitation set forth in section 503(d)(4)(B)(ii)(I) or section 503(d)(4)(B)(ii)(II) of the 1974 Act, and I therefore revoke said waivers.

11. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President to embody in the HTS the substance of the relevant provisions of that Act, and of other Acts affecting import treatment, and actions thereunder, including removal, modification, continuance, or imposition of any rate of duty or other import restriction.

12. Presidential Proclamation 6763 of December 23, 1994, implemented the trade agreements resulting from the Uruguay Round of multilateral negotiations, including Schedule XX—United States of America, annexed to the Marrakesh Protocol to the General Agreement on Tariffs and Trade 1994 (Schedule XX). In order to maintain the intended tariff treatment for certain products covered in Schedule XX, I have determined that technical corrections to the HTS are necessary.

13. Presidential Proclamation 7011 of June 30, 1997, implemented modifications of the World Trade Organization Ministerial Declaration on Trade in Information Technology Products (the "ITA") for the United States. Products included in Attachment B to the ITA are entitled to duty-free treatment wherever classified. Presidential Proclamation 8840 of June 29, 2012, implemented certain technical corrections are necessary to the HTS in order to maintain the intended tariff treatment for certain products covered in Attachment B. I have determined that certain additional technical corrections are necessary to conform the HTS to the changes made by Presidential Proclamation 8840.

14. Presidential Proclamation 8818 of May 14, 2012, implemented U.S. tariff commitments under the United States-Colombia Trade Promotion Agreement and incorporated by reference Publication 4320 of the United States International Trade Commission, entitled "Modifications to the Harmonized Tariff Schedule of the United States to Implement the United States-Colombia Trade Promotion Agreement." Presidential Proclamation 8894 of October 29, 2012, made modifications to the HTS to correct technical errors and omissions in Annexes I and II to Publication 4320. I have determined that a modification is necessary to correct an additional omission.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to title V and section 604 of the 1974 Act, do proclaim that:

(1) The designation of Bangladesh as a beneficiary developing country under the GSP is suspended on the date that is 60 days after the date this proclamation is published in the Federal Register.

(2) In order to reflect the suspension of benefits under the GSP with respect to Bangladesh, general notes 4(a) and 4(b)(i) of the HTS are modified as set forth in section A of Annex I to this proclamation by deleting "Bangladesh" from the list of independent countries and least developed countries, effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 60 days after the date this proclamation is published in the Federal Register.

(3) In order to provide that one or more countries should no longer be treated as beneficiary developing countries with respect to one or more eligible articles for purposes of the GSP, the Rates of Duty 1–Special subcolumn for the corresponding HTS subheadings and general note 4(d) of the HTS are modified as set forth in sections B and C of Annex I to this proclamation.

(4) The modifications to the HTS set forth in sections B and C of Annex I to this proclamation shall be effective with respect to the articles entered, or withdrawn from warehouse for consumption, on or after the dates set forth in the relevant sections of Annex I.

(5) The competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act is disregarded with respect to the eligible articles in the HTS subheadings and to the beneficiary developing countries listed in Annex II to this proclamation.

(6) A waiver of the application of section 503(c)(2) of the 1974 Act shall apply to the articles in the HTS subheadings and to the beneficiary developing countries set forth in Annex III to this proclamation.

(7) In order to provide the intended tariff treatment to certain products as set out in Schedule XX, the HTS is modified as set forth in section A of Annex IV to this proclamation.

(8) In order to conform the HTS to certain technical corrections made to provide the intended tariff treatment to certain products as set out in the ITA, the HTS is modified as set forth in section B of Annex IV to this proclamation.

(9) In order to provide the intended tariff treatment to certain goods from Colombia, the HTS is modified as set forth in section C of Annex IV to this proclamation.

(10) The modifications to the HTS set forth in Annex IV to this proclamation shall be effective with respect to the articles entered, or withdrawn from warehouse for consumption, on or after the dates set forth in the relevant sections of Annex IV.

(11) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of June, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty-seventh.

BARACK OBAMA

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