Articles Posted in Workers’ Compensation

This week, the National Institute for Occupational Safety and Health (NIOSH) announced about 50 types of cancer had been added to the list of 9/11-related illnesses that would be covered by health care costs for responders and victims exposed to toxic debris at ground zero.

Previously, the program only covered lung diseases, asthma, and chronic cough, along with mental health illnesses, including post-traumatic stress disorder and depression. Now lung, breast, and colon cancer, as well as leukemia and lymphoma are some of the additions to the list.

According to an article on CBSNews.com, a definitive link between exposure to the toxic dust and these cancers has not been definitely shown, a NIOSH committe said the dust contained about 70 known and possible carcinogens.

A government report on job creation that was published last week has economists worried that wages are rising very quickly. The problem: sluggish economic growth and high unemployment.

According to an article on CNN.com, the unemployment rate could be hindering workers from getting raises. Heidi Shierholz, an economist at the Economic Policy Institute noted that, “If your employer knows you don’t have a lot of options, there’s no incentive to give you a raise. It shifts bargaining power away from workers and toward employers.”

The Bureau of Labor Statistics reports that over the past year the average hourly wage for jobs in the private sector increased from $23.12 an hour to $23.52 an hour, a gain of 1.7% that is just slightly higher than infalation. But when managerial and professional jobs weren’t included, wages rose only 1.2%, which is below the rate of inflation. According to the article, 82% of private work is non-managerial jobs.

According to an article on KTICRadio.com, a federal appeals court panel ruled in favor of Tyson Foods Inc. this week in a case brought on my meat packing workers over whether they should be compensated for the time they spend putting on and taking off safety gear and preparing for work.

The workers claimed that they are only paid for their time on the assembly line, plus four minutes for pre- and post-production chores. However, they claim it takes about 30 minutes a day to put on their uniforms and safety gear, sanitzie equipment, and perform other duties.

However, the three judge panel ruled that Tyson had not been underpaying workers at its Lexington, NE plant. Lawsuits are still pending in the Dakota City, NY plant and the Madison, NE plant.

The city of Struthers in the neighboring state of Ohio has received 10 citations resulting from a methane explosion at the city’s waste water treatment plant that killed two workers.
The Ohio Bureau of Workers’ Compensation issued the citations after findings from an investigation of the explosion that took place in March showed “serious hazards.”
Som of the violations included: workers were not properly trained, electrical equipment was too close to gas collection equipment, and workers were not required to wear electrical protective equipment. One citation claimed that employees had equipment that wasn’t meant for the work being done because dust or vapors could ignite or explode.
At the time of the explosion, two employees were performing maintenance work in a compressor room where gas had built up and ignited. The men suffered extensive burns and died weeks later.

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An Ashland man is in serious condition after the truck he was driving went into a 150-foot pit at a surface mining operation between Centralia and Mount Carmel.

There are no details yet as to how the accident happened, but the coal company and Mine Safety and Health Administration officials are investigating.

According to an article on the RepublicanHerald.com, the worker had been backfilling a section of a pit to build a road when his haul truck plummeted down an enbankment, landing on the driver’s side and pinning the driver for more than three hours. The driver was wearing a seatbelt.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited a Willowbrook, IL company with five health violations, four of which were repeat violations of OSHA’s respiratory protection and hearing conservation standards.

An inspection done in April of this year focused on OSHA’s National Emphasis Program on Silica, and brought the violations to light. The program examines worksites where employees are at risk for developing silicosis from exposure to dust containing respirable crystalline silica. Silicosis is a nonreversible and sometimes fatal lung disease that is caused by breathing in large amounts of silica.

The company that was cited is a waterproofing business that performs concrete restoration and repairs. Some of the violations found included failing to ensure that air compressors used to supply breathing are were equipped with high temperature and/or carbon monoxide alarms and failing to ensure an effective hearing conservation program was maintained. One serious violation that was found involved failint to annually conduct fit testing for workers who wear respirators. Proposed penalties for all violations total $56,700.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has placed a Chicago manufacturer in its Severe Violator Enforcement Program due to serious violation that put workers’ lives in jeopardy.

OSHA cited specialty metal forgings company A. Finkl & Sons with 26 safety violations, including two willful violations that involve failing to provide fall protection around open pits and failing to fix multiple hazards found in crane inspections.

The willful violations include failing to ensure that open pits are guarded by standard railings and/or covers to protect employees from falling in, and failing to correct deficiencies identified by crane inspections such as missing bolts, inoperable radio controls, and problems with bridges, trolleys, and main hoist brakes. A willful violation is described as one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.

Some of the serious violations include failing to install hoist guards on industrial cranes, failing to ensure crane trolleys and bridges have brakes with ample thermal capacity for the equipment’s frequency of operation, and failing to place ladders in a manner that provides secure footing for workers.

In an article on WorkersCompensation.com, Nick Walters, OSHA’s regional administrator in Chicago is quoted as saying, “A. Finkl & Sons Co. has demonstrated a blatant disregard for the safety of its employees. When employers fall in their responsibility to provide a safe workplace, OSHA will take all necessary action to protect workers on the job.”

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An article on CNNMoney.com is reporting a new concern among U.S. factories: as they create new jobs, owners can’t find skilled workers to fill them.

In the article, Rob Akers, vice president at the National Tooling and Machining Association, explained that there is a critical shortage of machinists, a common and critical position in factories. He said,

“Enrollment in this field in technical schools has been down for a long time.” One reason seems to be that young Americans haven’t been considering a job in manufacturing.