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

Sunday, July 27, 2014

IRS prepping for Obamacare employer mandate in 2015

What will happen with the employer mandate? Will the consequences be that the workers' compensation carriers expand coverage to employer based policies that are cheaper than traditional workers' compenaation policies. Today's post is shared from Politico.com
The Obama administration signaled Thursday it’s not backing down from the controversial health law employer mandate that has been delayed twice and is the centerpiece of the House’s lawsuit against the president.
The IRS posted drafts of the forms that employers will have to fill out to comply with the Obamacare requirement that employers provide health insurance to workers.
Some business groups said the information was still too tentative and too incomplete to let them prepare for new obligations under the health law. “Our immense frustrations with the IRS continue,” Christine Pollack, vice president of Government Affairs at the Retail Industry Leaders Association, said in a statement.
An administration official said the White House is sticking to the timeline announced earlier this year. Companies with 50 to 99 employees will have another year — until 2016 — to start the coverage. Companies with 100 or more employees do have to comply next year, although they have two years to phase up so that they are covering 95 percent of their workers. Smaller businesses are exempt.
The House Republicans are planning to sue President Barack Obama, saying he overstepped his authority in...
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Report: Number Of Ground Zero Cancer Cases Skyrocketing

Today's post is shared from CBSNewYork.com
There has been a dramatic increase in the number of 9/11 rescuers and responders with cancer in the past year, according to a published report.
The New York Post says that Mount Sinai Hospital’s World Trade Center Health Program reported 1,140 cancer cases last year. Now the number is up to more than 2,500.

Among the cancers being diagnosed at a much higher rate than the general population: prostate cancer, thyroid cancer, leukemia and multiple myeloma.
The September 11th Victim Compensation Fund is expected to receive more claims by the Oct. 14 deadline. So far, there are 1,145 claims listing cancer.
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Friday, July 25, 2014

World Hepatitis Day: Think again

World Hepatitis Alliance

18 June 2014 -- Viral hepatitis – a group of infectious diseases known as hepatitis A, B, C, D, and E – affects millions of people worldwide, causing acute and chronic liver disease and killing close to 1.4 million people every year. Hepatitis remains largely ignored or unknown. In April this year, WHO issued new recommendations on treatment of hepatitis C. In May, World Health Assembly delegates from 194 Member States adopted a resolution to improve prevention, diagnosis, and treatment of viral hepatitis. On World Hepatitis Day, 28 July 2014, WHO and partners urge policy-makers, health workers and the public to "think again" about this silent killer.
Hepatitis B

240 millionpeople are chronically infected with hepatitis B virus.
Hepatitis C

150 millionpeople are chronically infected with hepatitis C virus.
Hepatitis E

20% Hepatitis E can induce a mortality rate of 20% among pregnant women in their third trimester.

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Court Orders Travelers Insurance to Pay $500 Million Asbestos Settlement

Today's post is shared from the wsj.com

Travelers Cos. reported an 18% decline in second-quarter operating profit as insurance claims from wind and hail storms eroded earnings, which were below analyst estimates and a catalyst for a sharp drop in the company's shares Tuesday.

Separately, the company was hit with an adverse ruling in a long-running case involving asbestos-related claims of more than $500 million tied to the insurer's coverage of Johns-Manville Corp. decades ago.

The U.S. Court of Appeals for the Second Circuit reversed a 2012 ruling by a lower court. The ruling by the federal appellate court in New York directed Travelers to make the $500 million payment, plus interest.

"We are still reviewing the decision, but this is a matter we have disclosed for more than 10 years and we have contemplated this as a potential outcome in our reserving, although we do not have a provision for interest," a Travelers' spokesman said. The company estimated the interest at approximately $75 million, before taxes.

In afternoon trading, Travelers shares were down 4.3% at $91.15 amid gains in the broader equities market. With the decline, Travelers shares are up 0.7% in 2014.

One of the country's largest property-casualty insurers, Travelers often sets the tone for industry earnings that will be announced by its peers in the coming weeks. Analysts watch closely how it is maneuvering through a competitive price environment while low interest rates continue to put pressure on...

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Click here to read the Court Decision In Re: Johns-Manville Corporation et al, decided 7/22/2014

United Airlines' Outsourcing Jobs to Company That Pays Near-Poverty Wages Is Shameful

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

On October 1, United Airlines is planning to outsource 630 gate agent jobs at 12 airports to companies that pay near-poverty level wages. The airports affected include Salt Lake City; Charlotte, North Carolina; Pensacola, Florida; Detroit and Des Moines, Iowa.

As a result hundreds of employees who formerly made middle-class, living wages will be forced to transfer to other cities, take early retirement or seek employment elsewhere. Union employees who have been with the company for years -- many making a respectable $50,000-per-year salaries -- will be replaced by non-union employees who will be paid less than half -- between $9.50 and $12 per hour.

Nine-fifty an hour is a poverty-level wage if you are trying to support a family -- and $12 barely exceeds the poverty level. In fact at $12 a family of three makes so little that they are eligible for food stamps.

That, in effect, means that United and its subcontractor will be subsidized by American taxpayers for the food stamp payments made to their new low-wage workers.

United's move to convert middle-class jobs into near-poverty level jobs is shameful -- it's that simple.

And United's move to cut employee pay is emblematic of corporate America's systematic campaign to lower wages and destroy the American middle class in order to increase returns to Wall Street shareholders. It is exactly the kind of action that must come to a screeching halt if the middle class is to survive -- and our children are once again be able to look...


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OSHA issues new directive to keep communication tower workers safe

The Occupational Safety and Health Administration has updated its Communications Tower directive regarding the use of hoist systems used to move workers to and from workstations on communication towers. This follows an alarming increase in preventable injuries and fatalities at communication tower work sites.
More fatalities occurred in this industry in 2013 than in the previous two years combined. This disturbing trend appears to be continuing, with nine worker deaths occurring so far in 2014.
"This directive ensures that communication tower workers are protected regardless of the type of the work they are doing on communication towers," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "Employers and cell tower owners and operators must make sure workers are properly trained and protected."
The directive outlines the proper use of hoist and other fall arrest systems and includes detailed information on how to hoist people safely. The directive updates a 2002 enforcement policy, which only covered the hoisting of workers to workstations during new tower erection activities. The updated policy covers any work on a communication tower - including both maintenance and new construction - that involves the use of a hoist to lift workers from one elevated workstation to another.
The release of the new directive is the latest in a series of actions OSHA has taken to improve cell tower safety. The agency is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands how to protect workers performing this high-hazard work.
OSHA sent a letter to communication tower employers urging compliance and strict adherence to safety standards and common-sense practices. OSHA has also created a new Web page targeting the issues surrounding communication tower work. This outreach follows a November 2013 memo to OSHA's compliance officers and regional administrators mandating increased attention, education and data collection on the industry. OSHA continues to investigate past incidents and will issue the results as they become available. Communication towers are on the agency's regulatory agenda and OSHA expects to issue a Request for Information later this year.
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 www.osha.gov.
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

United Airlines cited at Newark, N.J., airport for repeat and serious safety hazards


Company faces $101,300 penalty following OSHA inspection
United Airlines Inc. has exposed ground operation workers at the Newark airport to hazardous conditions, prompting the U.S. Department of Labor"s Occupational Safety and Health Administration to issue 16 citations and propose penalties of $101,300.
The safety violations were found during a January 2014 inspection that is part of an OSHA effort to focus on workplaces with high rates of injuries and illness. The inspection found three repeat violations that had been discovered by OSHA during inspections in 2011 and 2013.
"United Airlines should immediately address these safety violations to prevent worker injuries and ensure a safe workplace," said Kris Hoffman, director of OSHA"s Parsippany Area Office. "These workers face electrical hazards, falls, and being struck-by objects and equipment daily. Their safety is critical. Airline ground operations safety is of vital importance, not only to the workers, but to the millions of Americans who depend on air travel every day."
Carrying a $55,000 penalty, the repeat violations were cited for United Continental Holdings Inc."s failing to clearly mark exits located inside facilities where food service employees, baggage handlers and gate agents worked; keep unused openings closed on an electrical box where conduit or knockout plugs were located; and use extension cords as a substitute for required permanent wiring at Newark Liberty International Airport. A repeat violation exists when an employer previously has been cited for the same or a similar violation at any other facility in federal enforcement states within the last five years.
The company was cited for nine serious violations, with a $46,300 penalty, including exposing aircraft mechanics to fall hazards while working from a ground support vehicle and struck-by hazards by storing materials, such as aircraft parts including landing gear tires and aircraft struts and fasteners, on storage racks, which were damaged and not anchored. United Airlines also failed to:
  • Properly guard equipment, store materials and dispose of waste materials.
  • Ensure exits were unobstructed and wide enough and place directional signs in areas where exits were not apparent.
  • Ensure employees operating tugs to transport luggage used seat belts.
  • Use power strips according to manufacturer"s recommendations.
  • Use ladders for purposes intended by the manufacturer, and remove damaged ladders from service.
A serious citation is issued when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.
Three other safety violations involved failing to maintain clean and orderly work areas, and not providing fire extinguisher training for ground operation workers and welders. Additionally, powered industrial trucks in need of repair were not taken out of service, and placards on the trucks were illegible.
For more information on safety and health in the airline industry, visit https://www.osha.gov/SLTC/airline_industry/index.html
United Airlines has 15 business days from receipt of its citations and penalties 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 Parsippany Area Office at 973-263-1003.
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.
….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.