Judge David Langham wrote a very enlightening blog post today about how advancing technology is impacting the world and more particularly the workers' compensation arena. As usual, he is right on target with the issue that is going to have the most influence over our changing world.
The Judge mentioned the advent of driverless technology. Ironically, it is national Distracted Driving Awareness Month. If you are driving about the State of New York with a phone in your hand you'll most likely get a ticket for sure this week. The driverless car is already under development with a target for production by major corporations such as Apple by the year 2020. In California Google already has test vehicles on the road.
Wednesday, April 15, 2015
Tuesday, April 14, 2015
On the job safety extends to space travel
On-Call Employment: Uber on Steriods
The NY Attorney General took action yesterday to rein in the growing emergence of "on-call staffing." The new dynamic of on demand staffing continues to be a growing trend in the employment arena. It is sort of an Uber on steroids.
The historic legal concepts that determine compensability in workers compensation cases have traditionally been defined by the concept of "arising out of and in the course of employment." Those parameters are indeed going to be challenged by the concept of "on-call employment."
The historic legal concepts that determine compensability in workers compensation cases have traditionally been defined by the concept of "arising out of and in the course of employment." Those parameters are indeed going to be challenged by the concept of "on-call employment."
Monday, April 13, 2015
Exporting Illness Worldwide: Heavy Metal Contamination From a U.S. Owned Smelter in Peru
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| English: The La Oroya train station 1921 (Photo credit: Wikipedia) |
The town of La Oroya, Peru - the site of an American owned smelter - is suffering from decades of unregulated emissions from the plant which continue to this day. According to the Peruvian Ministry of Health, blood lead levels among local children are dangerously high averaging 33.6 micrograms/deciliter, triple the World Health Organization limit of 10 micrograms/deciliter, while the vegetation in the surrounding area has been destroyed by acid rain. Limited environmental sampling has revealed lead levels exceeding public health standards in almost 90 percent of the homes, extensive soil contamination, and excessive airborne emissions throughout the town.
Lead causes a range of health effects, but primarily effects neurological development in children resulting in reduced school performance, lower scores on standardized tests (such as IQ), mental retardation and can even cause death. A significant portion of those tested by the Ministry of health should have received immediate medical attention to remove lead from the body, but no follow-up was ever initiated.
To plan for remediation and to examine the potential for ongoing exposure from the lead and other metals already deposited in La Oroya, further testing of dust lead levels inside homes was required. We therefore brought the equipment and supplies and trained our partners at the Asociación Civil Labor to collect dust wipe samples. We then arranged for half the samples to be analyzed at a laboratory in the U.S. as a donated service. After obtaining the results, we worked with our Peruvian partners to prepare a report, and conduct education and outreach about the health risks associated with the exposure to lead and other pollutants.
Full report in PDF format: [English] [Spanish]
….
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.
Monday, April 6, 2015
OSHA fines Dayton, New Jersey, companies $64,200 for blocked exit routes and chemical, noise and energy control hazards
Employers name and location: Imagine Screen Printing & Productions LLC, which imprints graphic design images onto apparel such as t-shirts and sweatshirts. Central Mills Inc., doing business as Freeze, sorts, packs and distributes the apparel to some of the nation's largest retailers, including Walmart, Macy's and Target.
Both companies are located at 473 Ridge Road in Dayton, New Jersey, and have the same management, maintenance employees and safety departments.
Date investigation initiated: The U.S. Department of Labor's Occupational Safety and Health Administration initiated an inspection of Imagine Screen Printing & Productions LLC on Oct. 1, 2014, in response to a complaint alleging workplace safety and health hazards. The inspection was expanded to include Freeze on Nov. 6, 2014, when inspectors discovered that company employees were also exposed to observed hazards.
Investigation findings: Imagine was cited for 15 serious citations including:
Not providing and maintaining a hearing conservation program for employees exposed to excessive noise;
Blocked exits*;
Tripping and fall hazards;
Not training workers on chemical hazards;
Not providing lockout/tagout training to all employees who work in an area where energy control devices are used on equipment; and
Not providing eyewash facilities.
Freeze received seven serious citations for blocked aisles and exit routes, energy control deficiencies, failure to train workers on chemical hazards, unsecured storage racks, and damaged electrical connections on forklift battery chargers. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
"The safety and health hazards found in both inspections put workers at risk of being seriously injured or worse, and should be immediately corrected," said Patricia Jones, director of OSHA's Avenel Area Office. "Employers are legally responsible for providing a safe and healthful workplace for employees."
The companies have 15 business days from receipt of citations and proposed penalties to comply, request a conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Proposed penalties: $43,200 for Imagine Screen Printing & Productions LLC, and $21,000 for Freeze.
View the citations: http://www.osha.gov/ooc/citations/ImagineScreenPrintingandCentralMills_1002842_0327_15.pdf*
Both companies are located at 473 Ridge Road in Dayton, New Jersey, and have the same management, maintenance employees and safety departments.
Date investigation initiated: The U.S. Department of Labor's Occupational Safety and Health Administration initiated an inspection of Imagine Screen Printing & Productions LLC on Oct. 1, 2014, in response to a complaint alleging workplace safety and health hazards. The inspection was expanded to include Freeze on Nov. 6, 2014, when inspectors discovered that company employees were also exposed to observed hazards.
Investigation findings: Imagine was cited for 15 serious citations including:
Not providing and maintaining a hearing conservation program for employees exposed to excessive noise;
Blocked exits*;
Tripping and fall hazards;
Not training workers on chemical hazards;
Not providing lockout/tagout training to all employees who work in an area where energy control devices are used on equipment; and
Not providing eyewash facilities.
Freeze received seven serious citations for blocked aisles and exit routes, energy control deficiencies, failure to train workers on chemical hazards, unsecured storage racks, and damaged electrical connections on forklift battery chargers. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
"The safety and health hazards found in both inspections put workers at risk of being seriously injured or worse, and should be immediately corrected," said Patricia Jones, director of OSHA's Avenel Area Office. "Employers are legally responsible for providing a safe and healthful workplace for employees."
The companies have 15 business days from receipt of citations and proposed penalties to comply, request a conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Proposed penalties: $43,200 for Imagine Screen Printing & Productions LLC, and $21,000 for Freeze.
View the citations: http://www.osha.gov/ooc/citations/ImagineScreenPrintingandCentralMills_1002842_0327_15.pdf*
Saturday, April 4, 2015
Companies Cannot Stifle Whistleblowers in Confidentiality Agreements: SEC v KBR Settlement
The Securities and Exchange Commission today announced its first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.
The SEC charged Houston-based global technology and engineering firm KBR Inc. with violating whistleblower protection Rule 21F-17 enacted under the Dodd-Frank Act. KBR required witnesses in certain internal investigations interviews to sign confidentiality statements with language warning that they could face discipline and even be fired if they discussed the matters with outside parties without the prior approval of KBR’s legal department. Since these investigations included allegations of possible securities law violations, the SEC found that these terms violated Rule 21F-17, which prohibits companies from taking any action to impede whistleblowers from reporting possible securities violations to the SEC.
KBR agreed to pay a $130,000 penalty to settle the SEC’s charges and the company voluntarily amended its confidentiality statement by adding language making clear that employees are free to report possible violations to the SEC and other federal agencies without KBR approval or fear of retaliation.
“By requiring its employees and former employees to sign confidentiality agreements imposing pre-notification requirements before contacting the SEC, KBR potentially discouraged employees from reporting securities violations to us,” said Andrew J. Ceresney, Director of the SEC’s Division of Enforcement. “SEC rules prohibit employers from taking measures through confidentiality, employment, severance, or other type of agreements that may silence potential whistleblowers before they can reach out to the SEC. We will vigorously enforce this provision.”
According to the SEC’s order instituting a settled administrative proceeding, there are no apparent instances in which KBR specifically prevented employees from communicating with the SEC about specific securities law violations. However, any company’s blanket prohibition against witnesses discussing the substance of the interview has a potential chilling effect on whistleblowers’ willingness to report illegal conduct to the SEC.
“KBR changed its agreements to make clear that its current and former employees will not have to fear termination or retribution or seek approval from company lawyers before contacting us.” said Sean McKessy, Chief of the SEC’s Office of the Whistleblower. “Other employers should similarly review and amend existing and historical agreements that in word or effect stop their employees from reporting potential violations to the SEC.”
Without admitting or denying the charges, KBR agreed to cease and desist from committing or causing any future violations of Rule 21F-17.
The SEC’s investigation was conducted by Jim Etri and Rebecca Fike and supervised by David L. Peavler of the Fort Worth Regional Office.
Related reading:
"Indefensible" - More than $20 million for military incinerators up in smoke
The SEC charged Houston-based global technology and engineering firm KBR Inc. with violating whistleblower protection Rule 21F-17 enacted under the Dodd-Frank Act. KBR required witnesses in certain internal investigations interviews to sign confidentiality statements with language warning that they could face discipline and even be fired if they discussed the matters with outside parties without the prior approval of KBR’s legal department. Since these investigations included allegations of possible securities law violations, the SEC found that these terms violated Rule 21F-17, which prohibits companies from taking any action to impede whistleblowers from reporting possible securities violations to the SEC.
KBR agreed to pay a $130,000 penalty to settle the SEC’s charges and the company voluntarily amended its confidentiality statement by adding language making clear that employees are free to report possible violations to the SEC and other federal agencies without KBR approval or fear of retaliation.
“By requiring its employees and former employees to sign confidentiality agreements imposing pre-notification requirements before contacting the SEC, KBR potentially discouraged employees from reporting securities violations to us,” said Andrew J. Ceresney, Director of the SEC’s Division of Enforcement. “SEC rules prohibit employers from taking measures through confidentiality, employment, severance, or other type of agreements that may silence potential whistleblowers before they can reach out to the SEC. We will vigorously enforce this provision.”
According to the SEC’s order instituting a settled administrative proceeding, there are no apparent instances in which KBR specifically prevented employees from communicating with the SEC about specific securities law violations. However, any company’s blanket prohibition against witnesses discussing the substance of the interview has a potential chilling effect on whistleblowers’ willingness to report illegal conduct to the SEC.
“KBR changed its agreements to make clear that its current and former employees will not have to fear termination or retribution or seek approval from company lawyers before contacting us.” said Sean McKessy, Chief of the SEC’s Office of the Whistleblower. “Other employers should similarly review and amend existing and historical agreements that in word or effect stop their employees from reporting potential violations to the SEC.”
Without admitting or denying the charges, KBR agreed to cease and desist from committing or causing any future violations of Rule 21F-17.
The SEC’s investigation was conducted by Jim Etri and Rebecca Fike and supervised by David L. Peavler of the Fort Worth Regional Office.
"Indefensible" - More than $20 million for military incinerators up in smoke
….
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.
Thursday, April 2, 2015
The Relationship Between Workplace Stressors and Mortality and Health Costs in the United States
"Even though epidemiological evidence links specific workplace stressors to health outcomes, the aggregate contribution of these factors to overall mortality and health spending in the United States is not known.
"In this paper, we build a model to estimate the excess mortality and incremental health expenditures associated with exposure to the following 10 workplace stressors: unemployment, lack of health insurance, exposure to shift work, long working hours, job insecurity, work–family conflict, low job control, high job demands, low social support at work, and low organizational justice.
"Our model uses input parameters obtained from publicly accessible data sources. We estimated health spending from the Medical Expenditure Panel Survey and joint probabilities of workplace exposures from the General Social Survey, and we conducted a meta-analysis of the epidemiological literature to estimate the relative risks of poor health outcomes associated with exposure to these stressors. The model was designed to overcome limitations with using inputs from multiple data sources.
"Specifically, the model separately derives optimistic and conservative estimates of the effect of multiple workplace exposures on health, and uses optimization to calculate upper and lower bounds around each estimate, which accounts for the correlation between exposures. We find that more than 120,000 deaths per year and approximately 5%–8% of annual healthcare costs are associated with and may be attributable to how U.S. companies manage their work forces.
"Our results suggest that more attention should be paid to management practices as important contributors to health outcomes and costs in the United States.
"In this paper, we build a model to estimate the excess mortality and incremental health expenditures associated with exposure to the following 10 workplace stressors: unemployment, lack of health insurance, exposure to shift work, long working hours, job insecurity, work–family conflict, low job control, high job demands, low social support at work, and low organizational justice.
"Our model uses input parameters obtained from publicly accessible data sources. We estimated health spending from the Medical Expenditure Panel Survey and joint probabilities of workplace exposures from the General Social Survey, and we conducted a meta-analysis of the epidemiological literature to estimate the relative risks of poor health outcomes associated with exposure to these stressors. The model was designed to overcome limitations with using inputs from multiple data sources.
"Specifically, the model separately derives optimistic and conservative estimates of the effect of multiple workplace exposures on health, and uses optimization to calculate upper and lower bounds around each estimate, which accounts for the correlation between exposures. We find that more than 120,000 deaths per year and approximately 5%–8% of annual healthcare costs are associated with and may be attributable to how U.S. companies manage their work forces.
"Our results suggest that more attention should be paid to management practices as important contributors to health outcomes and costs in the United States.
Joel Goh
Harvard Business School, Boston, Massachusetts 02163
jgoh@hbs.edu,
Jeffrey Pfeffer
Graduate School of Business, Stanford University, Stanford, California 94305
pfeff@stanford.edu,
Stefanos A. Zenios
Graduate School of Business, Stanford University, Stanford, California 94305
stefzen@stanford.edu
Harvard Business School, Boston, Massachusetts 02163
jgoh@hbs.edu,
Jeffrey Pfeffer
Graduate School of Business, Stanford University, Stanford, California 94305
pfeff@stanford.edu,
Stefanos A. Zenios
Graduate School of Business, Stanford University, Stanford, California 94305
stefzen@stanford.edu
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