Death by Overwork

The consequences of working too much can have fatal consequences. The COVID-19 pandemic has accelerated this trend by extending work hours through remote work and eliminating time-off, including vacations. The toll on the American workforce is devastating, and the consequences on the entire workers’ compensation system are enormous. 

NJ Senate to Vote on Employment Bill

Workers in NJ who are injured at work do not have protected job status. Typically, employers will fill their positions with a replacement just because they are “absent" from work.

The NJ Senate will vote vote on S2998 on June 3, 2021. This bill addressed that issue and requires any employer who has 50 or more employees to provide a hiring preference to an employee who was injured in a work- related injury, has reached maximum medical improvement, and cannot return to the employee’s former position with that employer. The employer is only required to provide the hiring preference if the employee can perform the essential duties of an existing, unfilled position.

The bill does not require an employer to create a new position for the injured employee, nor does it require the employer to remove another employee from an existing but filled position to accommodate the injured employee.

The identical bill was approved by the NJ Assembly 76-0 on May 20. 2021. The NJ Senate SLA Committee reported the bill out favorably on 1/29/20 3-0.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (Thomson-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.

U.S. Equal Employment Opportunity Commission Issues Update On Vaccinations

The following is shared from the U.S. Equal Employment Opportunity Commission eeoc.gov 

Remote Work No Longer Mandated in NJ

NJ Governor Phil Murphy today issued Executive Order No. 243, which rescinds the requirement in Executive Order No. 107 that businesses and non-profits accommodate telework arrangements for their workforce to the maximum extent practicable and reduce their on-site staff to the minimal number necessary for their operations.  Employers bringing employees back to the physical worksite must continue to follow all applicable portions of Executive Order No. 192, including notifying employees of on-site exposure and performing health screenings of employees entering the worksite. 

VA To Expand Medical Care for Burn Pit Claims

The Secretary of the US Veterans Administration announced today a major policy change regarding burn pit exposures.

NJ Announces Intention to End COVID-19 Public Health Emergency

As New Jersey continues to make progress in the fight against COVID-19 and with state metrics continuing to trend in the right direction, Governor Phil Murphy and his Administration have begun working with Senate President Sweeney and Assembly Speaker Coughlin on legislation that will end the COVID-19 Public Health Emergency in place since March 2020, while also ensuring that the Administration retains necessary tools to manage the ongoing threat to public health, as well as recovery and vaccination efforts.

OSHA cites 6 contractors for exposing workers to falls

Six contractors constructing luxury single-family homes at the future site of Hawthorne Estates in Medford put workers at risk of serious or fatal injuries by failing to comply with federal requirements to prevent falls, the leading cause of death in the construction industry.

After multiple on-site investigations, the U.S. Department of Labor’s Occupational Safety and Health Administration cited the companies for exposing workers to falls and other dangerous safety hazards while erecting walls and sheathing roofs.

OSHA initiated three of the inspections as part of its Regional Emphasis Program on Falls in Construction. During the first on Oct. 20, 2020, the compliance officer observed workers exposed to falls and other hazards. Inspectors observed the same hazards during a second inspection two days later, prompting the third inspection on Oct. 31.

After the three inspections, OSHA proposed total penalties of $244,397 and cited the companies collectively for four willful and 35 serious violations, including exposing workers to falls greater than 6 feet and not providing personal protective equipment. The companies, citations and proposed penalties are:

Company Name	City	State	Citations	Proposed Penalty
Claudio DeSousa, operating as Lifetime Contractor Corp.	Philadelphia	PA	2 willful 14 serious	$107,279
Lezinho Sousa, operating as Lifetime Contractor Corp.	Pennsauken	NJ	2 willful 9 serious	$87,381
WSJ Construction	Asbury Park	NJ	3 serious	$16,383
Gustavo Quintomillno, operating as Lifetime Contractor Corp.	Beverly	NJ	4 serious	$12,874
LWJ Construction LLC	Long Branch	NJ	3 serious	$12,288
RMM Contractor LLC	Long Branch	NJ	2 serious	$8,192

"A fall can permanently alter or end a worker’s life in a matter of seconds," said OSHA Area Director Paula Dixon-Roderick in Marlton, New Jersey. "Contractors and subcontractors in the construction industry have a legal obligation to comply with the law and ensure their workers end their shifts safely. When employers fail to follow requirements, OSHA will hold them responsible to the fullest extent of the law.”

OSHA encourages employers to use its Stop Falls online resources, including detailed information on fall protection standards in English and Spanish. The site offers fact sheets, posters and videos that illustrate various fall hazards and appropriate preventive measures.

The companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

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 help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.