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

Monday, April 14, 2014

Distracted Driving - Time To Revisit Compensability Issues


Hang Up! Just Drive.
The Attorney General of the State of New Jersey reported today that there has been a surge of 26% in reported accidents attributed to "distracted driving." While the enforcement effort has been made some headway in leveling off the statistics, a question remains whether it is time to change the compensability rules in workers' compensation to prohibit claims if the employee was texting while driving.
Acting Attorney General John Hoffman today announced the staggering toll driver inattention has taken on New Jersey’s roadways in the past 10 years, declaring that the State experienced a “distracted driving decade” and that an ongoing law enforcement initiative is working to help end the crisis.
From 2004 to 2013, driver inattention was a major contributing circumstance in 1.4 million crashes in New Jersey – that is about half of the total crashes in the state in that period. Distraction was the number one contributing circumstance in total crashes. And in one decade (2003-2012), more than 1,600 people have been killed in crashes where driver inattention was a major contributing factor.
“The numbers tell the sad truth: we are in the midst of a surge in driver inattention, and crash statistics bear out that we can characterize the last 10 years simply as ‘New Jersey’s Distracted Driving Decade,’” said Hoffman. “What is perhaps most troubling about these numbers is that the issue of distracted driving seems to be getting progressively worse. Our research indicates that while crashes and fatalities are trending downward as a whole, the number and proportion of distracted crashes are rising.”
At the beginning of the “Distracted Driving Decade” in 2004, driver inattention was cited as a major contributing circumstance in 42 percent of crashes. But that number has risen in those 10 years and last year it peaked at 53 percent. And the proportion of distracted crashes has surged 26 percent in that time span.
“In recent years smartphones and other devices have become more sophisticated and it’s clear to most of us that they’re being used more by drivers,” said Acting Director of the Division of Highway Traffic Safety Gary Poedubicky. “Though the overall picture of road safety is brightening, one cannot help but conclude that there is an increasing addiction to distraction for drivers. We need to put an end to the epidemic of driver inattention and close the book on the ‘Distracted Driving Decade.’”
In an effort to stop distracted driving, the Division of Highway Traffic Safety has for the first time made funds available to law enforcement agencies for a statewide crackdown on motorists who are using a handheld device while driving, which is illegal in New Jersey. Sixty police departments received $5,000 each for the campaign called U Drive. U Text. U Pay. and the funds will be used to pay for checkpoints and increased patrols. Many more enforcement agencies are also expected to participate unfunded in the initiative, which was funded and developed by the National Highway Traffic Safety Administration (NHTSA).
About halfway through the three-week campaign, which runs from April 1 to 21, the funded departments have issued an estimated 3,000 summonses for cell phone and electronic device violations.
“People need to know that we are serious about stopping this deadly behavior,” said NHTSA Region 2 Administrator Thomas M. Louizou. “Using a handheld phone and texting has reached epidemic levels. When you text or talk on the phone while driving, you take your focus off the road. That puts everyone else’s lives in danger, and no one has the right to do that.”
The crackdowns are similar in scope to the Drive Sober, or Get Pulled Over and Click It or Ticket mobilizations, which have targeted impaired driving and seat belt usage, respectively. Louizou said the successes of those programs have proven that the combination of tough laws, targeted advertising, and high-visibility enforcement can change people’s risky traffic safety behaviors.
To see a list of agencies receiving funding for this initiative please visit:www.nj.gov/oag/hts/downloads/UDUTUP_2014_Grant_Recipients.pdf
This increased police presence on the roads will soon be paired with stepped up penalties for breaking the State’s primary cell phone law. Currently, motorists violating New Jersey’s primary cell phone law face a $100 fine plus court costs and fees. Because of a new law signed by Governor Chris Christie last year, penalties for that transgression will get stiffer. On July 1, those penalties will rise to a range of $200 to $400 for a first offense, $400 to $600 for a second, and up to $800 and three insurance points for subsequent violations. These changes follow the adoption in 2012 of the “Kulesh, Kubert and Bolis Law.” Under that law, proof that a defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to the presumption that the defendant was engaged in reckless driving. Prosecutors are empowered to charge the offender with committing vehicular homicide or assault when an accident occurs from reckless driving.
Joining Acting Attorney General Hoffman’s call to end distracted driving was Gabriel Hurley. Hurley, 29, was severely injured in a 2009 crash that left him blind and with extensive damage to his face and skull. Hurley sustained his injuries when an oncoming car collided into an underpass while he was entering it. The impact caused the other car’s air-conditioning compressor to come flying into his windshield. Hurley, of Middlesex, said he believed the 17-year-old driver had been inattentive behind the wheel at the time of the crash.
After an extensive recovery period, which included more than a dozen facial reconstructive surgeries, he began a career as a safe driving advocate and has spoken to thousands of drivers, most of them in high school, about the consequences of reckless and inattentive driving.
“The course of my life was altered in that crash,” Hurley said. “I have lost my sense of sight and smell and suffered other physical and emotional damage. However, I believe what happened gave me a purpose to tell everyone that crashes like mine are preventable and we can stop them by simply focusing on the task at hand when we’re behind the wheel.”

Read more about distracted driving:
Apr 10, 2014
Stay Alert and Avoid Distracted Driving – Work zones present extra challenges and obstacles. Motorists need to pay attention to the road and their surroundings. – Schedule your trip with plenty of extra time. Expect delays and ...
Apr 18, 2011
OSHA has announced an aggressive program to combat "The Number 1 Killer of Workers," Distracted Driving. The announcement was made today by Dr. David Michaels, Assistant Secretary of Labor of the Occupational ...
May 29, 2013
Transportation accidents rank on the top of the list for worker fatalities. Now the federal government is attempting to reduce that number by restricting distractions while driving.driving. Voluntary guidelines reduce ...
Jun 13, 2013
Transportation (DOT) have made major efforts over the last few years to target distracted driving as a major safety issue to avoid serious accidents and ultimately save lives and reduce insurance costs. The DOT reports ...


Add Texting to the List of Things That Are Killing Us Faster


Today, in news that will make you feel bad about your existence: Texting and tinkering with mobile devices for extended periods of time could make you die sooner, the doctors of the world say.
As The Telegraph reports, the hunchback pose that people adopt while staring down at their devices is known to increase the risk of an early death in the elderly. Chiropractors are concerned that younger people—who spend between one and two hours on their phones a day—could be shaving years off their lives.
The United Chiropractic Association (and probably your mom) say that Gollum-like posture can be just as threatening a health risk as obesity, citing studies that bad posture in older people is linked with a disease called hyperkyphosis. Colloquially known as “dowager’s hump,” this condition is often associated with heart problems. Apparently older folk with even the slightest hump are 1.4 times more likely to die than those without.
In other words, we’ve all been killing ourselves slowly while we sit, smoke, and apply sunscreen. Now texting is helping speed up the process. 
“This isn’t alarmist or scaremongering; it’s what more and more research is telling us,” UCA chiropractor Edwina Waddell told The Telegraph. “And the good news is that it doesn’t have to happen because it’s something we all have a degree of control over.”
Control? Sounds like someone’s never...
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Related articles:
Nov 03, 2013
Lost in the clamor for stricter distracted-driving laws, a study from April 2013 found discouraging patterns in the relationship between texting bans and traffic fatalities. As one might expect, single occupant vehicle crashes dip ...
Oct 01, 2013
Andrew M. Cuomo revealed a plan to put "texting zones" on the New York State Thruway and state highways, where drivers can pull over and respond to text messages. This is, in part, a response to the fact that New York has ...
Oct 23, 2013
... drive on the roads. While the Federal government has strictly enforced the no texting while driving rule, the states maintain a patchwork of confusing regulations and statutory prohibitions. Today's post is shared from nj.com.

CMS Posts WCMSA Self-Administration Guidance

A new WCMSA Self-Administration page has been added to the Workers Compensation Medicare Set-Aside Arrangement section of CMS.gov. The new page contains information for individuals who choose to self-administer their WCMSA accounts. Materials available on the new page include:
  • New Self-Administration Toolkit for WCMSAs 
  • Account Expenditure for Lump Sum Account (Attestation Letter)
  • Account Expenditure for Structured Annuity (Attestation Letter)
  • Transaction Record Sample
  • WCMSA Reference Guide
The following link may be used to access the page http://go.cms.gov/WCMSASelfAdm.

Related Articles:
Nov 07, 2013
An updated Workers' Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide is now available in the Downloads section found at the bottom of this page. This version documents the current WCMSA ...
Feb 21, 2013
Effective immediately, if a WCMSA proposal amount was originally submitted via the web-portal, a re-evaluation of an approved WCMSA amount can be requested through the WCMSA web portal, if the claimant or submitter ...
Apr 02, 2013
The CMS will be hosting a WCMSA teleconference on April 11, 2013. This event will provide stakeholders an opportunity to learn more about the Workers' Compensation Review Contractor (WCRC), and discuss procedural ...
Jan 03, 2012
Please send your completed annual Workers' Compensation Medicare Set-aside Arrangement (WCMSA) Account Expenditure accounting documentation to the CMS lead Medicare Contractor at the address below: MSPRC ...

Executive Pay: Invasion of the Supersalaries

Today's post was shared by Steven Greenhouse and comes from www.nytimes.com

Browse the proxy statements of the nation’s largest corporations and you’ll find the instruction manuals for this apparatus explaining how to finely calibrate the pay of top executives with company performance.
The Coca-Cola board, for example, lays out the formula that set the 2013 cash bonus for Muhtar Kent, its chief executive (base salary x base salary factor x business performance factor). It explains how a failure to achieve certain goals helped limit the bonus to $2 million, but also describes how Mr. Kent got millions more in stock and options. It notes that under his leadership, Coke had “continued to gain value share globally in nonalcoholic ready-to-drink beverages,” and tells shareholders why the board might require him to fly on the company jet (“to allow travel time to be used productively for the Company”). What was all that worth? A tidy $18 million.
But putting aside whether those particular metrics for aligning pay with performance make sense (or, rather, turning over that discussion to Gretchen Morgenson in her Fair Game column), the elegant machine itself would seem to have a dark side. Some say, in fact, that it is the main engine of inequality in America today.
The current system of executive compensation, with its emphasis on performance, can theoretically constrain pay, but in practice it has not stopped companies...
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Related Articles:
Apr 09, 2014
Today, he took two executive actions aimed at federal contractors. One bars companies from retaliating against workers who discuss their pay with each other. The other requires compensation data broken down by race and ...
Apr 07, 2014
Before that, he served as the Obama administration's “pay-czar”, a job created by the 2009 stimulus law to oversee executive compensation practices at financial firms bailed out during the financial crisis. He's administered or.
Apr 06, 2014
At the White House Tuesday, President Barack Obama will sign two new executive actions on equal pay as Senate Democrats move for a show-vote on the Paycheck Fairness Act — launching Democrats' first large-scale ...

In France, a Move to Limit Off-the-Clock Work Emails

Today's post was shared by Steven Greenhouse and comes from www.nytimes.com "On-Call Status" and responding to off-hours electronic communication will expend the coverage of workers' compensation will otherwise expand to a 24/7 insurance policy.


PARIS — Given France’s 35-hour workweek, generous vacations and persistent, if not altogether accurate, reputation for indolence, it may come as a surprise that the French are only now considering limits on the work emails and phone calls that come at all hours of the day and night.
Labor unions and corporate representatives in France have agreed on an “obligation to disconnect from remote communications tools” that would apply to 250,000 employees of consulting, computing and polling firms. The accord, signed this month but yet to be approved by the Labor Ministry, would require that employers verify that the 11 hours of daily “rest” time to which all workers are legally entitled be spent uninterrupted.
“We really want there to be 11 consecutive hours,” said Marie Buard, a project leader at the Federation of Communication, Consulting and Culture, a branch of the French Democratic Confederation of Labor. Still, Ms. Buard said, “We also wouldn’t like this to squeeze businesses and cause them problems.”
Under the agreement, she said, each company would develop a policy and enforcement mechanisms. One might choose to block communications from 11 p.m. to 10 a.m. by shutting down its email servers, while another might simply ask employees not to check email between 9 p.m. and 8 a.m.
Similar limits have been tested elsewhere. In 2011, Volkswagen started shutting off its BlackBerry servers at the end of the workday,...
[Click here to see the rest of this post]

Related Articles on Off-Premises Liability:
Apr 01, 2014
The NJ Supreme Court declared the nature of the employer's control determines compensability in an off-premises parking lot claim. The Court ruled that the NJ 1979 Legislative amendments mandate that the "coming and ...
Jan 21, 2014
Livingstone, supra, 111 N.J. at 102. Harrah's contention that Livingstone sought to limit 'judicially-created exceptions to the general noncompensability of off-premises accidents . . . .' is correct. Livingstone, supra, 111 N.J. at.
Jan 18, 2014
The NJ Supreme Court was presented by the defense that the accident occurred off premises and out of the control of the employer. The employee argued that the injury occurred within the course of the employment because ...
Mar 23, 2013
A NJ appellate court ruled that an employee who was severely injured in a parking lot as a result of a slip and fall was not entitled to workers' compensation benefits since the injury occurred “off the premises” and the ...

Sunday, April 13, 2014

Citing armed protesters, BLM returns seized cattle to Nevada rancher

Today's post about "worker safety" is shared from the LA Times.
After spending a week whisking away nearly 400 cattle they said were illegally grazing on federal land in the Nevada desert, officials facing a battalion of protesters with horses and guns decided to free those cattle in a stunning reversal Saturday afternoon.
A line of cattle calmly filtered out of a federal holding area at about 3 p.m. as protesters and law enforcement watched from alongside Interstate 15 near the Nevada-Arizona state line.
"Due to escalating tensions, the cattle have been released from the enclosures in order to avoid violence and help restore order," the U.S. Bureau of Land Management said in a short statement.
Federal officials have failed for 21 years to compel rancher Cliven Bundy to pay the fee required to let privately owned cattle use public land.
The government has said the cattle roundup was a “last resort” to enforce court orders ruling that Bundy had failed to pay more than $1 million in fees since 1993. Forcing him either to pay or to give up his cattle is a matter of fairness to the 16,000 ranchers who do follow the rules, U.S. officials said.
Two weeks ago, the BLM and the National Park Service began mobilizing helicopters, trucks, cowboys and rangers to seize Bundy’s 900 cattle. 
The agencies moved nearly 400 to the holding area before suddenly announcing Saturday morning that the operation would end because of "grave concerns" about worker safety.
Bundy received nationwide support from people frustrated by...
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Saturday, April 12, 2014

Bucket truck tips over in Cape Cod, Mass., killing 2 NStar utility contractors


Authorities work on the scene of a fatal accident where two workers died in Bourne, Mass., Saturday, April 12, 2014. Their bucket truck apparently tipped over while they were in the basket more than 100 feet in the air at a Cape Cod site. (AP Photo/Cape Cod Times, Steve Heaslip)
BOURNE, Mass. -- Two Massachusetts workers are dead after their bucket truck tipped over Saturday while they were in the basket more than 100 feet in the air at a Cape Cod site.
Bourne police confirmed the Saturday deaths at Cape Cod Aggregates Corp. near Scenic Highway. They didn't release the men's names.
The men were working for a contractor for an NStar utility project,
They appeared to be working underneath high tension power lines, near utility poles, on sandy barren land.
The two men were both in the bucket when the truck toppled over, Police Chief Dennis Woodside told the newspaper. He said they were killed instantly.
The Office of Occupational Safety and Health Administration is investigating. OSHA didn't immediately return a call for comment.


[Click here to see the rest of this post]
Related stories:
Apr 09, 2014
The scrolling photo exhibit was the backdrop for testimony provided by representatives of the Laborers' Health and Safety Fund of North America (LHSFNA) on the final day of OSHA's public hearing on its proposed silica ...
Mar 28, 2014
The agreement will be signed between OSHA and the Concerned Beauty Professionals at noon on Monday, March 31 at the Georgia Institute of Technology, 250 14th St. NW, 5th floor, Atlanta 30318. "OSHA and other federal, ...
Mar 23, 2014
12, 2013, OSHA's Notice of Proposed Rulemaking on Occupational Exposure to Crystalline Silicaaims to update the inconsistent and outdated permissible exposure limits for crystalline silica in general industry, construction ...
Jan 03, 2014
The proposal does not add any new requirement to keep records; it only modifies an employer's obligation to transmit these records to OSHA."The Occupational Safety and Health Administration today issued a proposed rule ...