The Promise of State Initiatives to Prevent Long Term Work Disability

Every year, millions of Americans suffer from medical conditions that affect their ability to work. This puts them at risk of losing their jobs or being forced to rely on Social Security Disability Insurance (SSDI). States could help many of these workers stay in their jobs, but promising options for doing this remain largely untested. The five states with state-mandated short-term disability benefits— California, Hawaii, New Jersey, New York, and Rhode Island—are promising settings for such tests.

Seminar: Feb 23, 2017 12:00 p.m. - 1:30 p.m. Location Online

On February 23, from 12:00–1:30 p.m. (ET) Mathematica’s Center for Studying Disability Policy (CSDP) will host a live webinar. A panel of experts from Mathematica, Sedgwick, and the state of California will discuss the promise of state-based systems from the perspectives of researchers, policymakers, and practitioners. Reporting on studies of state disability insurance (SDI) and workers’ compensation (WC) systems in California and Rhode Island, our speakers will present new evidence on:

• The risk of SSDI entry for SDI and WC claimants
• The extent to which initial data on the characteristics of SDI or WC claimants can be used to predict their risk of entering SSDI
• The availability and utilization of return-to-work supports in state SDI and WC systems
• How states, including those without SDI, could help workers keep their jobs, maintain their economic independence, and save billions of taxpayer dollars

The panel of experts includes:
David Mann, Mathematica
Yonatan Ben-Shalom, Mathematica
David Stapleton, Mathematica
Teresa Bartlett, Sedgwick CMS
Jennifer Richard, California Assembly Labor and Employment Committee

Union City NJ contractor allowed dangerous hazards that led to worker's fatal fall

Union City contractor allowed dangerous hazards that led
to worker's fatal fall while removing siding at Bayonne home

Employer name: Bolivar Enterprises LLC, 902 Central Ave., Union City, New Jersey

Citations issued: On June 3, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration issued citations for nine serious violations.

Investigation findings: OSHA opened an inspection on Dec. 11, 2015, when the Bayonne Police Department reported that a worker had fallen while removing siding from three-story residence. The agency also conducted the inspection under its local emphasis program focused on fall hazards in construction.

Investigators found that the employee - who died from his injuries - was working on an extension ladder that was part of a scaffold, approximately 25 feet high. While removing the existing siding from the front of the house, he pulled a piece of siding, it gave way, and he fell to the ground. OSHA cited Bolivar for allowing the hazard that caused the fall. The agency also issued citations for scaffolding hazards, including:

• Failing to provide adequate fall protection while working on the scaffold.
• Not erecting scaffolding that met OSHA's standards.
• Using scaffolding improperly.
• Failing to provide scaffolding training to workers.

Proposed penalties: $57,000

Quote: "This tragedy could have been prevented if the company had properly protected workers from fall hazards. Instead, Bolivar Enterprises exposed employees to deadly falls from nearly all aspects of the job," said Bryan Flynn, acting area director of OSHA's Parsippany Office. "Falls are the leading cause of injury and death on construction sites. Employers must take worker safety seriously or risk serious consequences."

View the citations: http://www.osha.gov/ooc/citations/BolivarEnterprisesLLC_1046028.pdf

Paterson NJ commercial launderer cited for exposing workers to carbon monoxide dange

Paterson commercial launderer cited for exposing workers to carbon monoxide danger, other safety and health hazards. OSHA fines Purrfect Enterprises Inc., $51K for nearly two dozen violations

Employer name: Purrfect Enterprises Inc., 262 Clinton St., Paterson, New Jersey

Citations issued: On May 23, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration issued citations for 22 serious violations and one other-than-serious violation.

Investigation findings: OSHA opened an inspection on Dec 28, 2015, after the Paterson Fire Department reported the release of carbon monoxide from the chimney at the facility, causing the hospitalization of four employees who lost consciousness. The agency cited the company for the following:
Overexposure of employees to carbon monoxide.
Failure to establish a safety program to protect workers from unexpected machine startups.
Machines without safety guards in place.
Electrical hazards.
Obstructed exits.
Lack of personal protective equipment.
Lack of an emergency action plan.
Deficient hazard communication program.

Proposed penalties: $51,100

"Carbon monoxide is a colorless, odorless and toxic gas which interferes with the oxygen-carrying capacity of blood. It can overcome a person without warning. While most people are aware of its dangers in a residential setting, it can be equally lethal in the workplace," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "The depth and range of hazards found at this facility reflect a breakdown in the company's safety and health system. It's important for this employer to correct the hazards and remove its workers from harm's way."

View the citations: http://www.osha.gov/ooc/citations/PurrfectEnterprisesIncdbaPurrfectLaundryInc_1118700_1114304.pdf

….

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  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

NJ: The Lead Paint Poisoning Crisis Continues

Lead Paint
(Photo credit: Wikipedia)

Lead paint for decades has been a problem in New Jersey decaying housing for decades. The consequences have been the lead poisoning of children. Children are particularly vulnerable to the health hazard that results in neurological disorders. Recent attention is again focussed on the issue. Today's post is shared from northjersey.com.

"The state will nearly double its spending to $22 million on lead safety programs for children this year, Governor Christie said Tuesday, amid sustained calls for attention and money to an issue that has for years been largely hidden from public view.

"The $10 million the administration found in the general fund will not address lead in water, though. Instead, the money will go to what Christie said is the primary concern in New Jersey: outdated, lead-based paint in old housing. The state Department of Community Affairs will work through non-profit organizations to “support an improved lead remediation and containment” program for low- and moderate-income households. 

"Exposure to lead has been linked to problems with learning, behavior and memory, and children are especially vulnerable. Much of the recent attention to lead exposure was prompted by elevated levels of the metal in the Flint, Mich., drinking water and amplified by similar, but much smaller-scale discoveries elsewhere, including 30 schools in Newark. Last year, Paterson discovered elevated lead levels in the drinking water of 14 schools and made necessary repairs, but school officials acknowledged last week that they failed to inform parents of the problem.

Click here to read the entire article:  N.J. to nearly double spending on lead safety programs this year

NJ Governor Christie commented:

"So New Jersey’s approach is far more protective than a majority of states. In fact, screenings for lead exposure have increased dramatically over the past 20 years with 20 times more children being tested in 2015. The total in 2015, we tested 206,221 children in New Jersey compared to just 10,200 children who were tested back in 1998, so we’ve increased that twentyfold. 

"According to the latest data, 97% of New Jersey’s children under the age of 6 have had at least one blood test for lead in their lifetime, and I want to make something very clear and again a point that’s been distorted: The primary lead concern in New Jersey has been and remains the outdated lead-based paint in our old housing stocks, not water sources.  

"That’s the major problem we have regarding lead in New Jersey, so as part of the conversation about how we protect children in their homes and deal with the legacy of lead paint, I said that I have no objection to providing money for lead containment efforts, and I don’t, so over the past few weeks my administration has been hard at work developing recommendations for me on how to best address this issue moving forward.  

"Today, I’m happy to announce an additional $10 million in this year’s budget to support an improved lead remediation and containment program for low- and moderate-income households in New Jersey. This funding has been identified by my administration within existing 2016 budget funds and will be made available for this purpose, so that we can address and double nearly the amount of money we’re spending on lead remediation efforts but do it in a fiscally responsible way.  

"The Department of Community Affairs will work through nonprofit organizations as we always have with experience in lead remediation programs, identify licensed lead-evaluation contractors and EPA-certified, lead-safe renovation organizations to assess and remediate lead-based paint hazards.  

"The estimated costs will average about $20,000 a unit in repair and related costs for eligible households to fund their remediation plan. DCA will then collect data from homeowners to determine best practices for potential program expansion and refinement in the FY 2017 budget. This effort will operate in addition to what we’re already doing to address lead, so we’re going to continue to do the program as we’ve done before and what I’m announcing today is we have located another $10 million in funds that are available within the current fiscal year budget and we’re going to make those available on top of the funds we’re already spending.  

"New Jersey has been a national leader on the issue of lead paint in housing and the resulting decline in cases proves that point, so we are working hard and making sure that lead poisoning, while it is a concern, does never become an epidemic in New Jersey.

….

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.

For more information about lead paint litigation contact us.

Read more about "lead paint poisoning:"

Workers' Compensation: UW study finds link between lead paint ... Aug 22, 2013 ... A new study that analyzed medical and discipline data from Milwaukee Public Schools found young children who are exposed to lead are ... idoctor-health.blogspot.com

Workers' Compensation: Lead: Bringing it Home From Work Aug 12, 2015 ... Although deteriorating lead paint in pre-1979 housing is the most common source of lead exposure in children, data indicate that ≥30% of ... idoctor-health.blogspot.com

Asbestos Related Deaths in NJ Continue at Record Rates

Source: EWG Fund
asbestosnation.org/

Asbestos related disease, including mesothelioma, continues in New Jersey at epidemic proportions according to an article authored by Environmental Working Group that reviews data of the CDC-WONDER database.

Read more about "mesothelioma" and workers' compensation:

Workers' Compensation: New staging of mesothelioma tumors may ... Feb 9, 2016 ... A recent study indicates that a new physician staging processes by weight and volume of mesothelioma tumors may be helpful in predicting ... idoctor-health.blogspot.com

Workers' Compensation: Pleural mesothelioma reported in a school ... 6 days ago ... Fibro Clay, and its causal relationship to mesothelioma, has been ... Malignantmesothelioma cases among primary school teachers are usually ... idoctor-health.blogspot.com

Asbestos Cement Factories Pose High Risk Mesothelioma Jul 20, 2012 ... An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has ... idoctor-health.blogspot.com

Workers' Compensation: Mesothelioma Rates Continue to be High Jun 29, 2012 ... Mesothelioma is a rare but highly fatal cancer of the thin membranes surrounding the chest cavity or abdominal cavity. The only ... idoctor-health.blogspot.com

Related articles

• Study: Glyphosate Doubles Risk of Lymphoma (idoctor-health.blogspot.com)
• OSHA forms alliance with Concerned Beauty Professionals to reduce chemical hazards in the beauty industry (idoctor-health.blogspot.com)
• Proposed 2016 Guideline for Prescribing Opioids for Chronic Pain (idoctor-health.blogspot.com)
• CDC Laboratory Safety Errors: The Dawn of the Planet of the Apes (idoctor-health.blogspot.com)
• CDC Alert to U.S. Hospitals and Long-Term Care Facilities: Patients at Risk of Listeriosis from Certain Blue Bell Brand Ice Cream Products (idoctor-health.blogspot.com)
• US officials expected to announce Ebola screening at airports (idoctor-health.blogspot.com)

OSHA Settles with Anheuser-Busch of New Jersey - Warehouse Violations

US Labor Department settlement: Anheuser-Busch of New Jersey agreesto enhance safety for workers at its Jersey City, Bronx distributorships

Background: The U.S. Department of Labor’s Occupational Safety and Health Administration cited the company in December 2014 for numerous safety violations at its Jersey City distribution warehouse. Hazards included untrained forklift operators, obstructed exit routes, damaged storage racks and inadequate chemical hazard communication training. The company contested its citations on Dec. 23, 2015.

Resolution: The department and Anheuser-Busch Sales of New Jersey have reached a settlement in which the company will implement and maintain enhanced safety measures for employees at its distributorships in Jersey City at 101 Linden Avenue E and in Bronx, New York at 550 Food Center Drive.

These enhancements require Anheuser-Busch to:
Conduct comprehensive safety and health self-audits focusing on hazards involving powered industrial trucks, safety and training, material handling, hazard communication and means of egress.
Establish safety and health committees made up of management, employees, unions and individuals responsible for safety at the distributorships.
Make management responsible for implementing the committees’ recommended changes.
Make the committees’ findings, recommendations and analyses available to OSHA upon request.
Ensure the adequate training of all leased, temporary and/or subcontractors’ employees.
Consent to interim monitoring inspections by OSHA.

As part of the settlement, Anheuser-Busch has already corrected the cited hazards at its Jersey City location and paid a fine of $150,000. The settlement can be viewed here*.

Quotes: “This settlement commits Anheuser-Busch to making safety a priority for workers at its New Jersey and New York distributorships,” said Robert Kulick, OSHA’s regional administrator in New York. “Successfully implemented, this agreement will result in safer working conditions for numerous workers at multiple company locations.”

“Proactively addressing conditions at more than the cited location makes sense and pays dividends for workers and employers alike. This course of action can reduce hazards and injuries and increase a company’s productivity,” said Jeffrey Rogoff, regional solicitor for the department in New York.

The original investigation was conducted by OSHA’s Parsippany Area Office. The department’s regional Office of the Solicitor in New York negotiated the settlement for OSHA.

Date of action: Jan. 11, 2016
Type of action: Stipulated Settlement

Names of defendants: Anheuser-Busch Sales of New Jersey LLC, a wholly owned subsidiary of Anheuser-Busch Inbev SA/NV.

Related articles

• Employees exposed to dangerous workplace hazards at Pennsauken aluminum services plant (idoctor-health.blogspot.com)
• OSHA fines Dayton, New Jersey, companies $64,200 for blocked exit routes and chemical, noise and energy control hazards (idoctor-health.blogspot.com)
• Judge upholds citations issued for bloodborne pathogen and lead exposure hazards at West Caldwell, New Jersey, company (idoctor-health.blogspot.com)
• OSHA: NJ Fragrance Manufacturer Fined for Exposing Workers (idoctor-health.blogspot.com)
• FedEx cited by OSHA $44,000 for machine guard hazard (idoctor-health.blogspot.com)
• OSHA Fine NJ Contractor $43,000 for Fall Hazards Following Roofer's Death (idoctor-health.blogspot.com)
• OSHA finds Elan Chemical of Newark NJ put employees at-risk $72,100 in fines (idoctor-health.blogspot.com)

OSHA: 50% of Employers Not Reporting Serious Injuries

Some employers are not reporting severe work-related injuries according to the US Occupational Safety and Health Administration (OSHA). Over 50% or more are not being reported. 

OSHA bases this conclusion on several factors, including injury claim numbers provided to us by state workers’ compensation programs. Because the majority of first year reports were filed by large employers, we believe that many small and mid-sized employers are unaware of the new requirements. 

For those employers not reporting, OSHA is developing outreach strategies, including working through insurers, first responders, and business organizations. In other cases, employers are choosing not to report because they perceive the cost of not reporting to be low. 

Employers should know that, now that the requirement is in its second year, OSHA is more likely to cite for non-reporting. In addition, the agency recently increased the unadjusted penalty for not reporting a severe injury from $1,000 to as much as $7,000. And that amount will increase even more when higher penalty levels recently approved by Congress take effect. 

If OSHA learns that an employer knew about the requirement but chose not to report it promptly, the fine can be much higher. Already, one employer has been assessed enhanced penalties of $70,000 for willfully failing to report. 

Results from the first year of severe injury reporting demonstrate the program’s success in both helping OSHA focus its resources where most needed, and engaging employers to identify and eliminate serious hazards at their workplaces. The report was authored by By David Michaels, PhD, MPH Assistant Secretary of Labor for Occupational Safety and Health.

OSHA will continue to evaluate the program and make changes to improve its effectiveness. For example, OSHA is refining guidance to the field about when a Rapid Response Investigation is appropriate and when an inspection should be called. 

The agency is seeking new ways to make sure that small employers know about their reporting obligations and the resources available to them. Beyond the numbers and the success stories, OSHA knows that each case reported to us under this new requirement involved a human being who went to work one day and suffered an unexpected trauma. 

Some, along with their co-workers and families, were changed forever. To help bring meaning to their suffering, OSHA hopes at least ensure that all severe workrelated injuries are reported to OSHA, and that they lead to safer working conditions for others.

….

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. 

Related articles

• Workers' rights under the OSH Act (idoctor-health.blogspot.com)
• The Age-Old Question: Which Workers Have the Greatest Risk for Hand Injuries? (idoctor-health.blogspot.com)
• OSHA's Top 10 Violations for 2014 announced at National Safety Council Congress & Expo (idoctor-health.blogspot.com)
• Black Friday: OSHA Issues Safety Warning to Employers (idoctor-health.blogspot.com)

NJ Judge Orders Psychotherapy Sessions In Conjunction With Pain Management

A NJ Workers' Compensation Judge Ordered the continuation of medical services to an injured worker who has been struggling for years because of chronic knee pain depression and anxiety despite the objection of the employer who sought to terminate care. The Judge Philip A. Tornetta, Administrative Supervisory  Judge of Compensation, adopted an innovative approach  in attempt to reduce or eliminated prescribed drugs including, "Oxycontin for her knee  pain, Lexapro for depression and Xanax, which helps her sleep."


Judge Tornetta reasoned, ".....In the present case,  I find  and conclude that  petitioner  has reached maximum medical improvement with reference to psychotherapy treatment. Continued  long  term treatment will not change her condition.  The treatment petitioner has received up to this point  has  provided her with the strategies and techniques to help her function and deal with her daily life activities and her self-esteem issues and enable her to  cope with the negative effects her injuries have had on her marriage,  her responsibilities to her young daughter and the challenges that occur in everyday life.  I find there  is nothing to indicate that the continued, long term  attendance  at psychotherapy sessions,  as frequently as has been provided previously, is necessary for  petitioner’s successful, continued use of the techniques and strategies  which have already been  provided to her."

In structured and scheduled system of psychotherapy treatment sessions the Judge provided guidance to the parties in reaching the goal of further medical improvement.

Bannon v. Ridgefield Board of Education, CP#2008-30924 and 2009-33181,(NJ DCW - Bergen County District) Decided Jan. 13, 2016, Post on-line 03-18-2016

Related articles

• Compensable Mental Stress and Conflict of Law Decisions Posted (idoctor-health.blogspot.com)
• Court of Compensation Does Not Have Jurisdiction for Restitution (idoctor-health.blogspot.com)
• On Premises Assault by Co-Worker Held Not Compensable (idoctor-health.blogspot.com)
• Home is an Odyssey For The Aging Population (idoctor-health.blogspot.com)
• The Path to Federalization: US Supreme Court Again Validates the Affordable Care Act (idoctor-health.blogspot.com)
• NLRB Rejects Northwestern University Football Payers' Bid to Unionize (idoctor-health.blogspot.com)
• California Medical Review: STEVENS WRIT GRANTED (idoctor-health.blogspot.com)