Dangers of Heat Illness

As temperatures rise in Louisiana, Texas, Arkansas, and Oklahoma the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) reminds employers to protect their employees from the dangers of working in hot weather.

OSHA’s message is simple: Water. Rest. Shade. Employers should encourage workers to drink water every 15 minutes, and take frequent rest breaks in shaded areas. Employers should:

1. Encourage workers to drink water every 15 minutes; and take frequent rest breaks in the shade to cool down;
2. Develop an emergency plan that explains what to do when a worker shows signs of heat-related illness;
3. Train workers on the hazards of heat exposure, and how to prevent illness; and
4. Allow workers to build a tolerance for working in heat.

The NJ Workers' Compensation Act "....provides for the awarding of workers' compensation benefits to victims of heat stroke or sunstroke in cases in which personal injury, or death, can be shown to have arisen out of and in the course of employment. Case law has generally provided for the awarding of compensation benefits in instances in which a previously healthy individual has succumbed to the effects of heat or sunstroke following a specific accident at work." "Where a foreman for a corporation observes circumstances transpiring in his presence leading reasonably to the conclusion that a workman, while working in the discharge of his duty under him, has sustained an injury, the foreman has knowledge of the injury within the purview of the Workers' Compensation Act, and his knowledge is imputed to his employer, the corporation. Merritt v. American Stevedores, 15 N.J.Misc. 710, 195 A. 382 (Com.Pl.1937)." Gelman, Jon L, Workers’ Compensation Law, 38 NJPRAC § 8.7.Particular injuries—Heat stroke or sunstroke (Thomson-Reuters 2019).

The OSHA-NIOSH Heat Safety Tool is a free, downloadable app that calculates a worksite’s heat index and displays the associated risk levels. Users can receive precautionary recommendations specific to heat index risk levels to help protect employees from heat-related illness. The tool is available in English and Spanish.

OSHA’s Occupational Heat Exposure page explains the symptoms of heat illness, first aid measures to provide while waiting for help, engineering controls and work practices to reduce workers’ exposure to heat, and training.

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

Fighting Wage Preemption: How Workers Have Lost Billions in Wages and How We Can Restore Local Democracy

Today’s post is shared from nelp.org

Local governments, like cities and counties, have long implemented local policies—including higher minimum wages—to improve economic conditions.

Local efforts to raise the wage floor have seen a tremendous upsurge over the past six years, mostly as a result of the Fight for $15 movement, which began in late November 2012 in New York when fast food workers walked off the job, demanding

$15 and a union. The movement quickly spread throughout the country, and its impact has been remarkable: More than 40 cities and counties have adopted their own minimum wage laws, and as of late 2018, an estimated 22 million workers have won $68 billion in raises since the Fight for $15 began.

In response to this explosion in local minimum wage activity, a number of states— particularly those with conservative legislatures—have sought to shut down these gains by adopting “preemption” laws that prohibit cities and counties from adopting local minimum wages, as well as a wide range of other pro-worker policies. The state preemption of local minimum wages disenfranchises workers and exacerbates racial inequality when it disproportionately impacts communities of color who are overrepresented among low-wage workers1 and who often represent majorities in our cities and large metro areas.

The most significant force behind the recent wave of preemption laws nationwide is the corporate lobby. Failing to stop the adoption of local pro-worker laws, the corporate lobby has persuaded state-level lawmakers to revoke the underlying local authority to adopt such policies, in some cases rolling back wage increases that were already enacted by city and county governments. In doing so, the corporate lobby has not only captured the political lever closest to the people (their city or county government), it has also hampered the democratic process at its most intimate level.

A total of 25 states have statutes preempting local minimum wage laws. To date, 12 cities and counties in six states (Alabama, Iowa, Florida, Kentucky, Missouri, and Wisconsin) have approved local minimum wage laws only to see them invalidated by state statute, harming hundreds of thousands of workers in the process, many of whom face high levels of poverty.

Click here to read more

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

NJ Governor Murphy Marks Statewide Minimum Wage Increase Taking Effect Today

Governor Phil Murphy today lauded New Jersey’s historic increase in the minimum wage from $8.85 per hour to $10 per hour taking effect today, July 1st, 2019, putting our state on a path to a $15 minimum wage.

“Today marks a monumental step on our path to a stronger and fairer New Jersey,” said Governor Murphy. “Our economy grows when everyone can participate in it – every hardworking New Jerseyan deserves a fair wage that allow them to put food on the table and gas in their car. Together, we are making New Jersey more affordable and giving over a million New Jerseyans a pathway to the middle class.”

Under the law Governor Murphy signed in February, after today's increase, the statewide minimum wage will continue to increase by $1 per hour every January 1st until it reaches $15 per hour on January 1, 2024.

For seasonal workers and employees at small businesses with five or fewer workers, the base minimum wage will reach $15 per hour by January 1, 2026. By January 1, 2028, workers in these groups will receive the minimum wage inclusive of inflation adjustments that take place from 2024 to 2028, equalizing the minimum wage with the main cohort of New Jersey workers.

For agricultural workers, the base minimum wage will increase to $12.50 per hour by January 1, 2024. No later than March 31, 2024, the New Jersey Labor Commissioner and Secretary of Agriculture will jointly decide whether to recommend that the minimum wage for agricultural workers increase to $15 per hour by January 1, 2027, as specified in the bill. If they cannot come to an agreement, a third member, appointed by the Governor with the advice and consent of the Senate, will break the tie. If there is a recommendation to disapprove of the scheduled increases or suggest an alternative pathway, the Legislature will have the ability to implement that recommendation by passage of a concurrent resolution.

“Today’s minimum wage increase to $10 per hour gives low-wage families firmer ground on which to stand and moves us closer to Governor Murphy’s vision of a stronger, fairer economy. The law’s multi-year phase-in to $15 per hour gives the state’s businesses the time they need to adjust to the higher wage requirements,” said Labor Commissioner Robert Asaro-Angelo.

"The fight for a living wage takes a step in the right direction today, when New Jersey's minimum wage will be raised to $10,” said Sue Altman, CEO of Working Families. “This is a long-fought victory by labor, grassroots activists, and advocates, and we commend Governor Murphy and legislative leadership for taking action. With every raise in the wage toward our fight for $15, we secure greater economic justice for working people across New Jersey, who can now support their families by covering the basics and buying goods and services from New Jersey businesses."

“New Jersey small business owners understand what’s good for their employees and businesses, and that starts by putting New Jersey workers on the road to be paid a livable wage,” said Raj Bath, Business Representative for the New Jersey Main Street Alliance. “Paying workers a decent livable wage means they will play a vital part in the local economy which is a win-win for Main Street. New Jersey will have a thriving economic future as long as we continue to invest in our middle-class workers and our Main Street.”

“As SEIU’s flagship campaign, 32BJ SEIU worked tirelessly for years to see the minimum wage in New Jersey begin its rise to $15.00,” said Kevin Brown, SEIU 32BJ Vice President and New Jersey District Director. “Today our uphill battle finally pays off as the lowest paid people in our community earning $8.85/hour take home $10.00/hour instead. This is a real and meaningful change for the lives of over one million working families who will benefit from the long-lasting economic impacts of this legislation. Our union sisters and brothers rallied, canvassed and fought to raise the bar for the entire state because we know that a rising tide lifts all boats, and it starts from the bottom. We thank Governor Murphy, the legislature, and the support of labor allies behind us. We will celebrate again when the minimum wage increases to $11.00 on January 1, 2020, and 32BJ will continue to lead in the fight for working people, immigrants and people of color who deserve better.”

“At times, we don't even know if we'll be able to pay rent with what we make,” said Rosa Fernandez of New Labor. “With a minimum wage raise now and every January until 2024, workers around New Jersey can make ends meet and breathe a little easier.”

“As the minimum wage begins to increase on July 1, New Jersey is taking an historic step towards a dignity wage for about one million workers who are mostly people of color, women, and low-wage workers,” said Renee Koubiadis, Executive Director of the Anti-Poverty Network of New Jersey. “With the increase to $10 an hour, more individuals and families will be able to afford basic needs instead of going without.”

"Raising New Jersey's minimum wage to $15 an hour is one of the most consequential, pro-worker policies passed in decades," said Brandon McKoy, President of New Jersey Policy Perspective. "With the first increase to $10.00 an hour, approximately half a million workers will see a boost in their take home pay. This will help alleviate poverty and promote spending in local communities, benefiting workers, their children, and businesses alike."

"This next increase in the minimum wage will help many more working families put food on the table and pay bills,” said Dena Mottola Jaborska, Associate Director, New Jersey Citizen Action.“It's an important step forward to providing all New Jersey workers a livable wage. No one who works full time should struggle to make ends meet.”

“At Foley Waite LLC, our New Jersey architectural woodworking firm has employed skilled cabinet makers, helpers and apprentices since 1978,” said Kelly Conklin, Managing Partner at Foley Waite LLC. “We have supported raising the minimum wage from the start. Governor Murphy recognizes as we do, a living wage grows our economy, not in boardrooms and mansions, it grows the economy on Main Street. This increase is long overdue and we thank the Governor for his leadership on this critically important policy.”

“We're very happy New Jersey's minimum wage is increasing,” said Gail Friedberg, CEO of Zago Manufacturing. “We support a $15 minimum wage because no one who works full-time should live in poverty. And we know from experience that fair pay is better for business. It brings low turnover, which helps us innovate. With a higher wage floor and more dependable workforce, business owners can think about ways to make the business better instead of spending time and money to replace people who left to find a job that pays the bills. I look forward to seeing the economic ripple effect our state will experience thanks to raising the minimum wage."

“Today’s historic step toward $15 minimum wage with an increase to $10 dollars per hour from $8.85 dollars per hour will give the working men and women the pay that they deserve,” said Tony Sandkamp, CEO of Sandkamp Woodworks. “At Sandkamp Woodworks, we stand with the Governor’s commitment to increase the wage so that every person in the state has the opportunity to improve their lives whether it be providing for their families or meeting their financial needs.”

“At Bergen New Bridge, we have been committed to ensure that workers at our hospital are paid wages of $15 per hour,” said Deborah Visconi, Bergen New Bridge Medical Center. “We applaud the Governor for his efforts to bring this issue on a statewide level, providing every resident of New Jersey the compensation they deserve.”

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

AI and Workers' Compensation: Who is Watching the Machine?

Artificial intelligence [AI] is the new challenging frontier in the administration of workers’ compensation benefits. While there are cost savings benefits that will be achieved through deep learning and machine intervention there are also serious ethical concerns coming to the forefront as this new technology evolves. 

Deep machine learning is complicated and it is in an ambitious goal. The result may afford a good prediction, but it lacks an explanation of "why" in many instances. 

The potential decrease costs in both administration and payment of workers’ compensation benefits have been alluded to in advertisements of software manufacturers. Already vendors are claiming reductions including: a 5% reduction in claims cost; a 50% decrease in the cost of medical-only claims; and a 25% to 60% reduction in attorney involvement. 

AI programs transfer the decision-making role onto a computer algorithm rather than a human being. In others words, the plight of the injured worker is not left to the decision making capacity of an adjuster, but rather a computer utilizing logarithms. The logarithms can be biased concerning such stereotypes as: racial, demographic, genetic, gender, economic, and/or religious. AI can be utilized to admit or deny claims, restrict temporary disability benefits and direct medical care. 

The lack of privacy in the vast amount of data flowing into machine learning programs continues unabated. Some of the data is distributed without consent and without transparency. How much of this data is used by AI programs remains unknown. The process is unexplainable. 

Computer based learning systems have available vast amounts of data, from unknown sources, that form a gold mine of information available. Insurance carriers and employers can use this data to reduce claims costs and ultimate payouts. The data grows daily from multiple sources both with in the workers’ compensation community as well as from collateral information resources. In the information world the availability of electronic information grows constantly. 

The deployment of artificial intelligence programs that involve deep machine learning raise significant issues involving questions as to the explainability of the decision making process. The Explainability of Artificial intelligence [XAI] including the algorithms employed in the decision making process is problematic. An overriding question is who is responsible for the potential harm since an individual cannot sue a computer. 

The ethical dilemma created is that it is difficult to regulate logarithms. The federal government has taken the lead on this challenging issue. The Defense Advancement Research Projects Agency [DARPA] assesses how the components of AI can be explained and applied in a responsible manner. The components include: how rich, complex and subtle information is perceived; how the machine learns the information within an environment; how the information is abstracted to create new meanings; and how artificial intelligence can reason to plan and decide. 

The integrity of workers’ compensation is being challenged by AI systems that lack explainability. The goal of employers and or insurance companies in utilizing AI for cost-claim reduction is noble. The playing field must remain balanced and the right to “due process” in workers compensation programs needs to be preserved. The oversight by governance, policy, and rules concerning XAI should be utilized to maintain the integrity of workers’ compensation programs.

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

New COLA Increase for Certain Dependents

NJ Governor Phil Murphy has now signed legislation enacting a  cost of living adjustment [COLA] increase for workers' compensation benefits. The law is limited to dependents of public safety employee who have been killed in a workplace accident.

The law provides, from January 1, 2020 forward, an annual COLA in the weekly WC benefit rate for the surviving dependents of any public safety worker who died from a workplace injury after December 31, 1979. A public safety worker is an individual who is employed by or a member of a paid, partially-paid, or volunteer fire or police unit, including a first aid or rescue squad. 

The annual COLA will equal the percentage increase in the annual Statewide average weekly wages earned by all employees covered by the “unemployment compensation law.” For supplemental WC benefits paid for workplace injuries that occurred after December 31, 1979 but before January 1, 2020, the calculation will be performed relative to the Statewide average weekly wages in effect in the year of the injury. However, the calculation applies only to benefits paid beginning on January 1, 2020 without any retroactive benefit payment. 

COLA benefits are to be reduced by the original amount of any Social Security benefits a surviving dependent receives (but not the amount of any Social Security disability benefits and any subsequent cost-of-living increases in Social Security benefits) or Black Lung benefits. 

In addition, COLA benefits will not be paid to any individual who elects not to receive Social Security benefits for which the individual is eligible, or in any case in which the COLA would be less than $5 per week. 

COLA benefits are to be paid from the SIF starting on January 1, 2020. The Department of Labor and Workforce Development calculates the SIF assessment for each calendar year so that projected resources in the fund equal 125 percent of expected benefit payments in the upcoming year plus 100 percent of the projected cost of administration. The surcharge is levied on all employers that are WC and employer’s liability insurance policyholders or that are self-insured, except for reinsurance or retrocessional transactions, and the State or any local units thereof which acts as a self-insured employer.

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

Firefighter and Public Safety Officer Presumption Bill Advances

Firefighter and public safety officer presumption bill advances and creates a rebuttable presumption of workers’ compensation coverage for public safety workers and other employees in certain circumstances. 

The bill affirms that if, in the course of employment, a public safety worker is exposed to a serious communicable disease or a biological warfare or epidemic-related pathogen or biological toxin, all care or treatment of the worker, including services needed to ascertain whether the worker contracted the disease, shall be compensable under workers' compensation, even if the worker is found not to have contracted the disease. If the worker is found to have contracted a disease, there shall be a rebuttable presumption that any injury, disability, chronic or corollary illness or death caused by the disease is compensable under workers' compensation. 

The bill affirms workers’ compensation coverage for any injury, illness or death of any employee, including an employee who is not a public safety worker, arising from the administration of a vaccine related to threatened or potential bioterrorism or epidemic as part of an inoculation program in connection with the employee’s employment or in connection with any governmental program or recommendation for the inoculation of workers. 

The bill creates a rebuttable presumption that any condition or impairment of health of a public safety worker which may be caused by exposure to cancer-causing radiation or radioactive substances is a compensable occupational disease under workers' compensation if the worker was exposed to a carcinogen, or the cancer-causing radiation or radioactive substance, in the course of employment. Employers are required to maintain records of instances of the workers deployed where the presence of known carcinogens was indicated by documents provided to local fire or police departments under the “Worker and Community Right to Know Act,” P.L.1983, c.315 (C.34:5A-1 et seq.) and where events occurred which could result in exposure to those carcinogens. 

In the case of any firefighter with seven or more years of service, the bill creates a rebuttable presumption that, if the firefighter suffers an injury, illness or death which may be caused by cancer, the cancer is a compensable occupational disease. 

The bill provides that, with respect to all of the rebuttable presumptions of coverage, employers may require workers to undergo, at employer expense, reasonable testing, evaluation and monitoring of worker health conditions relevant to determining whether exposures or other presumed causes are actually linked to the deaths, illnesses or disabilities, and further provides that the presumptions of compensability are not adversely affected by failures of employers to require testing, evaluation or monitoring. 

The public safety workers covered by the bill include paid or volunteer emergency, correctional, fire, police and medical personnel. 

This bill was pre-filed for introduction in the 2018-2019 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed. 

The following bill(s) have been scheduled for a committee or a legislative session. 

The following bill(s) have been scheduled for a committee or a legislative session.
A1741:
Quijano, Annette/Benson, Daniel R./Lagana, Joseph A.
"Thomas P. Canzanella Twenty First Century First Responders Protection Act"; concerns workers' compensation for public safety workers.
6/20/2019 1:00:00 PM Assembly
Voting Session
Assembly Chambers
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A1741

S716:
Greenstein, Linda R./Bateman, Christopher
"Thomas P. Canzanella Twenty First Century First Responders Protection Act"; concerns workers' compensation for public safety workers.
6/20/2019 1:00:00 PM Assembly
Voting Session
Assembly Chambers
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S716

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

Updated: 06-15-2019

Cosmetic Products Containing Asbestos Recalled

Hazardous cosmetic products containing deadly asbestos fiber continue to appear in the workplace. The US Food and Drug Administration (FDA) has recently issued an alert concerning a voluntary recall concerning one of those cosmetic products. 

On May 29, and 30, 2019 Beauty Plus Global and Claire’s Stores, Inc., undertook voluntary recalls of their respective cosmetic products that tested positive for asbestos during FDA’s ongoing testing of cosmetics for asbestos. The recalled products include:

· Beauty Plus Global Contour Effects Palette 2, Batch No. S1603002/PD-C1179

· Claire’s JoJo Siwa Makeup Set, SKU #888711136337, Batch/Lot No. S180109

Consumers who have these batches/Lots of Beauty Plus or Claire's products should stop using them.

The FDA is advising consumers not to use any of the following products.

Health care professionals and consumers are encouraged to report any adverse events to FDA’s MedWatch Adverse Event Reporting program by:

· Completing and submitting the report online at MedWatch Online Voluntary Reporting Form

· Downloading and completing the form, then submitting it via fax at 1-800-FDA-0178

For more information on FDA's investigation of potential asbestos contamination in cosmetics, see the FDA’s Talc