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

Wednesday, May 7, 2014

GM Fuel Gauge Recall Affects Thousands Of SUVs

Today's post was shared by Trucker Lawyers and comes from www.npr.org


A new GM recall over defective fuel gauges affects the 2014 Buick Enclave (seen here), along with the Chevrolet Traverse and GMC Acadia.

Weeks after issuing recalls for safety problems in some of its most popular cars, GM says it needs to fix defective fuel gauges that can give SUV drivers little or no warning their vehicle might run out of fuel. GM's latest recall potentially affects 51,640 SUVs that were built in 2013.
GM has been criticized for its handling of recalls this year, which include a steering flaw and problems with ignition switches and air bags. Each of those recalls affected hundreds of thousands of vehicles.
The fuel gauge problem can be fixed by adjusting the vehicles' software, according to the National Highway Traffic Safety Administration. The agency's website details the vehicles involved:
"General Motors... is recalling certain model year 2014 Buick Enclave, Chevrolet Traverse, and GMC Acadia vehicles manufactured March 26, 2013, through August 15, 2013. In the affected vehicles, the engine control module (ECM) software may cause the fuel gauge to read inaccurately."
Explaining the problem in a letter to NHTSA, GM's investigation unit wrote that defective calibration of the ECM "may result in inaccurate fuel gauge readings at both the high and low end of the fuel range by as much as one quarter of a tank."
GM says the work to fix the problem will be carried out with no charge to the owners, noting that the vehicles are still under warranty.
"The company doesn't know of any crashes or injuries related to the problem," the AP reports. "GM says dealers will...
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Employers Eye Moving Sickest Workers To Insurance Exchanges

Today's post is shared from Kaiser.org
Can corporations shift workers with high medical costs from the company health plan into online insurance exchanges created by the Affordable Care Act? Some employers are considering it, say benefits consultants.
"It's all over the marketplace," said Todd Yates, a managing partner at Hill, Chesson & Woody, a North Carolina benefits consulting firm. "Employers are inquiring about it and brokers and consultants are advocating for it."


Health spending is driven largely by patients with chronic illness such as diabetes or who undergo expensive procedures such as organ transplants. Since most big corporations are self-insured, shifting even one high-cost member out of the company plan could save the employer hundreds of thousands of dollars a year -- while increasing the cost of claims absorbed by the marketplace policy by a similar amount.
And the health law might not prohibit it, opening a door to potential erosion of employer-based coverage.
"Such an employer-dumping strategy can promote the interests of both employers and employees by shifting health care expenses on to the public at large," wrote two University of Minnesota law professors in a 2010 paper that basically predicted the present interest. The authors were Amy Monahan and Daniel Schwarcz.
It's unclear how many companies, if any, have moved sicker workers to exchange coverage, which became available only in January. But even a few high-risk patients could add...
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Tuesday, May 6, 2014

New Study: CA Disability Compensation Among Lowest in US Only Alabama & Rhode Island pay Lower Weekly Compensation

The California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, today responded to a new national study showing that Californians injured at work are compensated at one of the lowest weekly rates in the nation. The report by the Workers Compensation Research Institute and the International Association of Industrial Accident Boards and Commissions found that California’s $290 per week maximum for workers with “permanent partial” disabilities is lower than those of all but two other states, Alabama and Rhode Island.

“Partial permanent disability compensation is the only payment injured workers receive for the loss of arms, legs, or their ability to do simple activities in daily life. The new study shows the inadequacy of compensation for lost earnings due to work injuries. It is time to restore balance to the California workers’ compensation insurance system. Insurance companies are reaping the benefits while working Californians are compensated at the bottom of the nation,” said CAAA President Jim Butler. “Changes over the past decade have been extremely profitable for insurance companies, but not for those injured on the job.”

Sunday, May 4, 2014

Subway leads fast food industry in underpaying workers

Today's post was shared by Steven Greenhouse and comes from money.cnn.com



McDonald's gets a lot of bad press for its low pay. But there's an even bigger offender when it comes to fast food companies underpaying their employees: Subway.

Individual Subway franchisees have been found in violation of pay and hour rules in more than 1,100 investigations spanning from 2000 to 2013, according to a CNNMoney analysis of data collected by the Department of Labor's Wage and Hour Division.

Each investigation can lead to multiple violations and fines. Combined, these cases found about 17,000 Fair Labor Standards Act violations and resulted in franchisees having to reimburse Subway workers more than $3.8 million over the years.

It's a significant sum considering many Subway "sandwich artists" earn at or just above the minimum wage of $7.25 an hour.

The next most frequent wage violators in the industry are McDonald's and Dunkin' Donuts stores.

The numbers only reflect unlawful acts that have been caught. To be fair, Subway has more than 26,000 locations throughout the country -- the most of any fast food chain -- so it might not be surprising that it also tops the list of offenders.

That said, Subway's problems were considered serious enough to prompt the Department of Labor (DOL) to partner with the company's headquarters to boost compliance efforts last year.

"It's no coincidence that we approached Subway because we saw a significant number of violations," a Department of Labor spokesperson said.

The franchise model impact

In...

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Saturday, May 3, 2014

CDC announces first case of Middle East Respiratory Syndrome Coronavirus infection (MERS) in the United States

MERS case in traveler from Saudi Arabia hospitalized in Indiana

Middle East Respiratory Syndrome Coronavirus (MERS-CoV) was confirmed today in a traveler to the United States. This virus is relatively new to humans and was first reported in Saudi Arabia in 2012.
“We’ve anticipated MERS reaching the US, and we’ve prepared for and are taking swift action,” said CDC Director Tom Frieden, M.D., M.P.H.  “We’re doing everything possible with hospital, local, and state health officials to find people who may have had contact with this person so they can be evaluated as appropriate.  This case reminds us that we are all connected by the air we breathe, the food we eat, and the water we drink.  We can break the chain of transmission in this case through focused efforts here and abroad.”

On April 24, the patient traveled by plane from Riyadh, Saudi Arabia to London, England then from London to Chicago, Illinois.  The patient then took a bus from Chicago to Indiana.  On the 27th, the patient began to experience respiratory symptoms, including shortness of breath, coughing, and fever. The patient went to an emergency department in an Indiana hospital on April 28th and was admitted on that same day. The patient is being well cared for and is isolated; the patient is currently in stable condition. Because of the patient’s symptoms and travel history, Indiana public health officials tested for MERS-CoV. The Indiana state public health laboratory and CDC confirmed MERS-CoV infection in the patient this afternoon.

“It is understandable that some may be concerned about this situation, but this first U.S. case of MERS-CoV infection represents a very low risk to the general public,” said Dr. Anne Schuchat, assistant surgeon general and director of CDC’s National Center for Immunizations and Respiratory Diseases.  In some countries, the virus has spread from person to person through close contact, such as caring for or living with an infected person. However, there is currently no evidence of sustained spread of MERS-CoV in community settings.

CDC and Indiana health officials are not yet sure how the patient became infected with the virus.  Exposure may have occurred in Saudi Arabia, where outbreaks of MERS-CoV infection are occurring. Officials also do not know exactly how many people have had close contact with the patient.
So far, including this U.S. importation, there have been 401 confirmed cases of MERS-CoV infection in 12 countries. To date, all reported cases have originated in six countries in the Arabian Peninsula.  Most of these people developed severe acute respiratory illness, with fever, cough, and shortness of breath; 93 people died. Officials do not know where the virus came from or exactly how it spreads. There is no available vaccine or specific treatment recommended for the virus.
“In this interconnected world we live in, we expected MERS-CoV to make its way to the United States,” said Dr. Tom Frieden, Director, Centers for Disease Control and Prevention.  “We have been preparing since 2012 for this possibility."

Federal, state, and local health officials are taking action to minimize the risk of spread of the virus.  The Indiana hospital is using full precautions to avoid exposure within the hospital and among healthcare professionals and other people interacting with the patient, as recommended by CDC.
In July 2013, CDC posted checklists and resource lists for healthcare facilities and providers to assist with preparing to implement infection control precautions for MERS-CoV.

As part of the prevention and control measures, officials are reaching out to close contacts to provide guidance about monitoring their health.
While experts do not yet know exactly how this virus is spread, CDC advises Americans to help protect themselves from respiratory illnesses by washing hands often, avoiding close contact with people who are sick, avoid touching their eyes, nose and/or mouth with unwashed hands, and disinfecting frequently touched surfaces.

The largest reported outbreak to date occurred April through May 2013 in eastern Saudi Arabia and involved 23 confirmed cases in four healthcare facilities. At this time, CDC does not recommend anyone change their travel plans. The World Health Organization also has not issued Travel Health Warnings for any country related to MERS-CoV.  Anyone who develops fever and cough or shortness of breath within 14 day after traveling from countries in or near the Arabian Peninsula should see their doctor and let them know where they travelled.

For more information about MERS Co-V, please visit:
Middle East Respiratory Syndrome:
http://www.cdc.gov/coronavirus/mers/index.html

About Coronavirus:
http://www.cdc.gov/coronavirus/about/index.html

Frequently Asked MERS Questions and Answers:
http://www.cdc.gov/coronavirus/mers/faq.html

Indiana Department of Health
http://www.state.in.us/isdh/External

Republic Steel reach comprehensive settlement agreement over safety and health violations

The U.S. Department of Labor's Occupational Safety and Health Administration today announced that Republic Steel has agreed to settle alleged health and safety violations at the company's facilities in Lorain, Canton and Massillon, Ohio, as well as Blasdell, N.Y. The comprehensive settlement, in which the company agrees to abate all cited hazards and implement numerous safeguards to prevent future injuries, addresses more than 100 safety and health violations found by OSHA at the company's facilities during inspections conducted in the fall of 2013. The agreement also resolves contested citations from two previous inspections regarding a June 2013 arc flash incident at the Lorain facility and a case alleging numerous fall hazards at the company's Canton facility that OSHA issued in August of 2013.

Under the terms of the settlement agreement, Republic Steel has agreed to pay $2.4 million, and has further agreed on additional penalty amounts in the event there is a determination of substantial non-compliance with the agreement. The company has agreed to abate all safety and health hazards identified by OSHA, including willful and serious violations for failure to provide required fall protection, failure to implement lockout/tag out procedures to protect workers who service or maintain machines, and failure to provide machine guarding to protect workers from hazardous machinery.

In addition to abating the cited hazards, Republic Steel has agreed to several additional measures to improve compliance with the Occupational Safety and Health Act of 1970 and better protect its employees. Republic Steel will: hire additional safety and health staff; conduct internal safety and health inspections with representatives of the United Steelworkers; establish and implement a comprehensive safety and health management program to identify and correct hazardous working conditions; hire third-party auditors to assure that hazards are identified and improvements are made; and meet quarterly with OSHA staff to assure implementation of this agreement.

OSHA initiated the inspections last fall in response to a serious injury after an employee fell through the roof of a building at the Lorain plant. OSHA expanded its inspections to all Republic Steel's facilities under the Severe Violator Enforcement Program.

"By agreeing to the terms of this settlement, Republic Steel has demonstrated a commitment to change its culture, invest in its employees, and work with OSHA and the United Steelworkers to make significant changes at its facilities that will improve the safety and health of its workers," said U.S. Secretary of Labor Thomas E. Perez. "The Labor Department looks forward to working with Republic Steel to ensure that it lives up to its commitment to improve workplace safety."

In addition to improvements noted, Republic Steel has agreed to several key changes in the management of its safety and health program, including:
reviewing and improving plant procedures to ensure OSHA compliance with machine guarding, control of hazardous energy (lockout/tag out), fall protection, personal protective equipment and other critical safety procedures;
implementing an electronic tracking system for identifying hazards/near misses, injuries and illnesses reported by workers;
mailing a letter to workers' families detailing the company's commitment to health and safety;
providing a card to employees informing them of the right to refuse to perform work that they reasonably and in good faith believe is unsafe or unhealthful without fear of being disciplined; and
providing supplemental training for all production and maintenance employees, including managers.

"The terms of this agreement to improve conditions and training are unprecedented," said Dr. David Michaels, assistant secretary of labor for OSHA. "The company has committed to supporting extensive worker participation, an important role for the joint health and safety committee, and implementation of a comprehensive safety and health program to better protect Republic Steel employees."

A copy of the settlement agreement is available at http://www.osha.gov/CWSA/RepublicSteel05012014.pdf. The agreement's Appendix A is available at http://www.osha.gov/CWSA/RepublicSteel05012014AppendixA.pdf and its Appendix B is available at http://www.osha.gov/CWSA/RepublicSteel05012014AppendixB.pdf.

States fear losing power to regulate chemicals

Today's post was shared by FairWarning and comes from bigstory.ap.org

WASHINGTON (AP) — Legislation to create national standards for regulating chemicals has generated opposition from some states, who fear the bill would curtail their authority to take action against chemicals they deem harmful.
The GOP-authored draft legislation, which aims to reform regulation of chemicals, would pre-empt some state and local regulations.
At a House hearing Tuesday, Massachusetts state Sen. Michael Moore, a Democrat, said the legislation would impose a "one-size-fits-all approach to toxic chemicals regulation."
"To strip states' residents of protections enacted by their elected officials would be a serious breach of state sovereignty and would leave everyone more susceptible to increased harm from toxic chemicals," said Moore, speaking on behalf of the National Conference of State Legislatures.
Earlier this month, attorneys general from 13 states, led by New York's Eric T. Schneiderman, made a similar argument in a letter to leaders of the House Energy and Commerce environment and economy subcommittee, which held the hearing.
Subcommittee chairman John Shimkus, R-Ill., who wrote the bill, argued it's necessary to create a standard where chemicals are regulated under one set of rules, rather than a "patchwork" of different state regulations. A committee fact sheet calls the measure "a commerce bill, not just a chemical safety bill. The U.S. economy is heavily reliant on chemicals, and a strong regulatory system is needed...
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