Often overlooked in the on-going battle to control workers compensation cost is the cost of prescriptions. Pharmacy Benefits Managers (PBM) offer the self-insured employer, insurer or third party administrator a way to manage and control the cost of drugs. While PBM provide a cost savings by obtaining a discount on the cost of drugs, the good PBM goes a lot further.
The PBM that will provide the best results is the one that keeps track of not only the cost savings provided, but also the utilization of prescriptions, especially narcotics. The better PBMs will alert the medical provider and adjuster when there is over-utilization of drugs. (WCxKit)
The PBM you select should have a national network covering most of the 70,000+ drug stores in the United States. The PBM should have a working relationship with the three major drug store chains which include CVS, Walgreens and Rite-Aid, as well as the local independent drug stores.
The effectiveness of the PBM can be judged by three different criteria which are the rate of use by the employees, the ease of use for the adjuster, and their technology interface ability.
The penetration rate is a measure of how extensively the employees use the pharmacy program. The PBM will often mail the employee a pharmacy benefit card with a cover letter on the pharmacy benefit card use. Most employees will opt to use the PBM card rather than out of pocket and then having to seek reimbursement. The adjuster should have the ability to suspend the use of pharmacy benefit card when the claim is denied or concluded.
The PBM should coordinate the prescription with the employee, the pharmacy and the medical provider without involvement of the adjuster. The easier the process is to use, the less the involvement of the adjuster. The better PBM will make the process totally seamless resulting in no involvement for the adjuster, while the adjuster can be assured the cost of the prescriptions and the utilization of the prescriptions is being properly controlled.
The PBM should provide the user of the service with the ability to review on-line all transactions and to obtain all necessary management reports. The technology interface should allow you to quickly know and understand the prescription drug usage of any employee. This will allow you to identify both the high cost employees and the doctors who prescribe the medications.
There are numerous ways the PBM can control cost. Some of the techniques used by PBMs include: (WCxKit)
-The use of generic drugs wherever substitution for patent drugs is permitted.
-A comprehensive, standard formulary specific to workers compensation injuries.
-A pre-negotiated price for each drug in the formulary.
-The ability to provide home delivery for employees who are unable to pick-up the prescribed drugs.
-Mail order services for maintenance drugs.
-The ability to approve or deny the “off-label” use of a drug.
-The ability to prevent consumption of drugs faster than manufacturer recommendations.
-The prevention of multiple, overlapping prescriptions from multiple doctors.
-The prevention of multiple pharmacies filling the same prescription.
-The prevention of filling non-injury related prescriptions.
The use of a PBM is a great way to reduce the cost of prescriptions and to lower their cost impact on your workers compensation program. To learn more about PBMs and how you can utilize their services to reduce your workers compensation cost, read the chapter on Implementing a Pharmacy Benefits Management Program in our new 2012 edition of Manage Your Workers Compensation Program, Reduce Costs 20-50%. To obtain your copy, please contact us.
Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Manage Your Workers Compensation: Reduce Costs 20-50% www.WCManual.com.
Contact: RShafer@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@ReduceYourWorkersComp.com.
A Western Sydney manufacturing company and its director were recently fined a total of $127,400 and ordered to pay WorkCover’s legal costs after a high powered industrial blender was turned on with a man inside it.
According to a report from the WorkCover Authority, FIP Brakes International (FIP) produces industrial sized brake pads, as well as other products, for trains and other railway vehicles and employs around 60 people mainly based at its facility in Wetherill Park. Its managing director is Chris Katakouzinos. (WCxKit)
A machine operator was killed when he was cleaning out an industrial blender at FIP’s premises.
The power to the machine had not been isolated and the machine became operational with the worker still inside. He died at the site with extensive crush injuries and lacerations.
A WorkCover investigation found a significant number of safety failings:
1. The machine should not have been able to operate while its front
doors were open.
2. The safety switches were either broken or malfunctioning.
3. The machine’s electrical power supply had not been turned off.
4. The machine operator should not have been working alone.
5. The machine was not properly maintained.
6. The operator was not given proper training.
In handing down her finding in the Industrial Court, Justice Backman said the incident was foreseeable and that there were serious deficiencies in the company’s systems. (WCxKit)
They both pleaded guilty. FIP was fined $117,000 and Mr. Katakouzinos $10,400. The court ordered them to pay WorkCover’s legal costs.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
A lot of employers strive to maintain a safer, more productive workplace for their employees. Every business would love to reduce costs and increase profit margins. The cost of claims can account for a big chunk of money losses, especially for the self-insured or self-administered employer.
So how do you get started? Where do you start, or better yet when do you start? The answer is RIGHT NOW, and here is how:(WCxKit)
1. Know where your risk lies
Observe your workplace. Go through department statistics and see how they compare to each other regarding losses. Perhaps 75 percent of your injuries occur in the shipping department. Go down there and talk with the supervisor. Find out what the issues are and why they think injuries are happening. Then work together to solve the problem.
Another helpful thing to look at is your loss run. Talk to your carrier or adjuster and see if they notice any trends in injuries. Which people are getting injured? Maybe newer hires account for a lot of injuries. This may show that a focus needs to be directed toward training and safety right from day one of employment.
Look at your business. What do you do? What are the risks involved? You could have risks from several areas, stretching from workers comp, to automotive issues with your fleet and the drivers, to liability risk from customers in your store. Break it down and track your statistics. Identify issues. Work on ways you can reduce your injuries or occurrences from happening in the first place.
2. Plan your attack
OK, so you have identified a few areas where you could improve on reducing some injuries or claims reports. So, what do you do to fix it? Planning is important, but the most important thing is to start, even if that is with very small steps.
The answer lies in the resources you have all around you. The first step is to talk to your carrier. Chances are the carrier has loss prevention specialists ready to help you work with what needs to be fixed. Ergonomic professionals can be brought in to address workstations and to suggest solutions to reduce exposure. Utilize your medical clinic contacts to see if occupational physicians can watch employees working. They can then identify potential issues with certain movements or repetitive-motion injuries. Utilize your local counsel by having them come in to explain the risks and costs associated with potential serious injuries, automotive accidents, failure to drug test your employees, etc. Any or all of these will help you reach your goal of reducing risk exposure.
3. Implement your solution
Now, if you identified what needs to be fixed, and how it should be fixed, now it is time to fix it. Get rid of old equipment and bring in new equipment with better safety features. Newer equipment costs less to maintain and repair and is quicker to operate. Most new machines use less energy than old ones, reducing utility bills and creating worker ease of operation. Get some padding on the floor for workers to stand at their workstations (also known as “fatigue mats.”) This reduces strain on feet and legs, and reduces body fatigue, potentially making employees more productive after long hours at work.
Whatever the fix may be, get it done. Out with the old — in with the new.
4. Measure your success statistics
So now your new equipment is installed and in place. Now it is time to measure your reductions. Take a two, four, and six month stretch and measure your numbers. Do you see a drop in claim activity? Or, did claims increase, meaning your plan backfired? You have to see how you did, and most importantly you have to give it time. Change is disruptive to employees, but they do get used to it. Give it time, and measure your numbers post-change against the ones you first noticed back when you were figuring out where your risk was coming from. Measure lost-time days, and post your progess at the front entrance.
5. Get feedback from your workers
After all you did, you left out the most important thing: To talk to your staff of workers about the changes. How do they feel it impacted their workday? Were the changes helpful, or did they hurt production? How do they feel at the end of the day? Do they feel less sore or are the new workstations worse than the old ones?
Ask as many questions as you can. This makes your staff feel that their input is important, and taken in to account. After all who better to talk to about the implemented changes than those who are directly affected day after day?(WCxKit)
A supervisor once said, “It is hard to fully embrace change. To make things easier, you have to ‘lean’ into it a bit at a time until you have accepted the entire package of change.” This is true on many levels. Even though it is hard work to find out what your risks are, discover how to attack them, implement changes, measure success, and get worker feedback, in the end it will be worth it. Lean in to the task. Do not try to tackle it all at once. As I have always said, "Don't eat elephant in one bite."
Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing, publishing, pharmaceuticals, retail, hospitality, and manufacturing. See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
New York Attorney General Eric Schneiderman recently announced that his office has filed a lawsuit against a New York City-based company behind an employment scam.
According to a report from the AG’s office, the company known as both C.P. International Security Inc. (C.P.I.) and Gateway Production Security Inc., tricked out-of-work consumers into paying for expensive security guard training courses with false promises of employment. The lawsuit also names the individuals who have operated the company, Charles Pierre and Nicole Pierre. (WCxKit)
The Attorney General’s office has already secured a temporary restraining order freezing any assets the company or Pierres may have, and temporarily barring them from advertising job openings or selling security guard training courses.
After receiving numerous complaints from victims of the fraudulent job scam, the Attorney General’s office conducted an undercover investigation that confirmed that the company posted phony security guard job listings online and in newspapers. The company targeted Spanish and Chinese-speaking consumers in particular by placing ads in Spanish and Chinese-language newspapers. C.P.I. would then tell consumers who responded to the advertisements that they had been selected for the positions, but first needed to complete a series of security guard training courses, at a cost of $399.
However, after paying for and completing the expensive training, consumers discovered that the jobs did not exist. Though C.P.I. had promised employment, it instead would offer “graduates” worthless “referrals” to security guard companies. When consumers attempted to pursue those referrals, they found that the companies that they were referred to had no knowledge of C.P.I., and were neither expecting the candidate for an interview, nor hiring.
In addition to making false promises of employment, C.P.I. also falsely represented that consumers must complete the entire $399 package of courses to be eligible to work as a security guard. In fact, only one of the three security courses in the series — the eight hour pre-assignment training course – is required to begin working as a security guard. In addition, C.P.I.’s training courses do not comply with state requirements for security guard training courses, including requirements for minimum hours of instruction and topics that must be covered.
The Attorney General’s lawsuit seeks restitution for the thousands of consumers defrauded in the scheme, as well as penalties and injunctive relief prohibiting the company from continuing to operate this scam. (WCxKit)
Consumers seeking to enroll in security guard training courses should keep in mind that low-cost and even free security guard training courses may be available. For example, the State University of New York’s Manhattan Educational Opportunity Center offers free security guard training courses for individuals who meet certain income guidelines, and many community colleges offer low-cost security guard training courses.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@ReduceYourWorkersComp.com.
As members of a management team, around the winter season, reevaluate for the upcoming year. Set goals, benchmarks, implement new techniques, purchase new materials, etc. But there is one area that seems to be focused on more than others: And that is ‘how can we use what we have to be better?’.
Chances are in a medium to large shop, there is plenty of talent, in more than one form. The workers can be your most important capital. So why not focus on how to better use that talent? (WCxKit)
1. Provide the best tools so employees can perform efficiently
As an example, if you drive cars, this does not mean that all all drive a top of the line Cadillac. But this is meant more to show how to provide the best output for workers. Make workstations adjustable so workers can perform at the levels they need to. This will increase output and performance, not to mention that it will make workers less prone to injury, especially in repetitive-motion workstations. Extra lighting can provide clarity and precision. Hand trucks and dollies can make moving heavy materials easier and quicker, and so on and so on.
2. Don't run it like a prison
The workplace does not have to run hard-nosed and rigid. As an employer allows some flexibility such as flex work hours, rotating job tasks, allowing hourly breaks, then you can best utilize workers time at work for production. A rested workforce is your best workforce. Sometimes having job rotation can provide breaks for those that do heavy duty work day in and day out. Also this can reduce injury since those workers that just do heavy lifting or moving of materials can get a much needed break from time to time throughout the day. You could also discover that one of your workers may be better suited for another type of job task, versus the one they are currently in now. This could lead to increased production, and better efficiency.
3. Keep an open mind
Time and time again we recommend listening to employees and their suggestions as to how changes can be made to make production better. Discuss alternative job tasks and how things could be done quicker and easier. Remember these are the people that do these jobs all day, sometimes for years. They have ideas and suggestions and you have to make management become approachable. If someone knows that you will take the time to listen to them, you may get an idea that you can implement. Not everyone will hit the ball out of the park every time, but you could stumble upon something that can really make a difference, and it could change the way things are done on a daily basis.
4. Encourage healthy lifestyles and reward those that make a change
A healthy body is one that comes ready and able to work, and able to take on the challenges of the day. Healthier employees also have less sick time away from work, and have fewer injuries. A lot of companies now offer discounts to local gyms, reduced medical premiums for wellness exams, smoking cessation programs for free, etc. The HR department probably has a lot of ideas and plans that are already in place to promote a healthier lifestyle, and the incentive programs to go with it, so check in to some of them and try to implement some over the course of a year. Provide some incentives for the workers to participate, and see what happens. I bet that more will participate than you thought.
5. Launch a return to work program
It has been well documented that the longer a person is out of work, the harder it is to get them back to productive employment and there is a strong correlation between a high return to work ratio and a low mod. Older employees also take longer to heal than younger ones, so consider home-based employment. If you provide some light duty work, employees know that even though they have an injury, they can still work and make a decent wage. This will help them transition back into full time work once they are released from medical care, and will reduce claims dollars that are spent on lost wages while injured. It will also free up full duty employees to do something more productive, while those with medical restrictions can take care of the lighter tasks you need done day in and day out. Make a "wish list" of tasks you wish you had someone to help perform, then use the wish list to create transitional duty tasks. For instance, I wish I had someone to proofread my writing.
6. Set up a mentoring program
It is always hard to start a new job. Nobody wants to be the new person, so set up a mentoring program to help those new or less-experienced employees. Shadowing programs work well also. The new employee can gain some great knowledge from the veteran worker, including how to do things quicker, properly, and more efficiently. A good mentoring program will improve productivity of the newer, younger employees while making veteran workers feel like they can contribute more to the company other than just cranking out their job tasks day after day. The more you make workers feel like they are involved, the better, harder, and more dedicated they will work for you.
7. Do not be afraid to hire experienced workers
There are many benefits to hiring experienced workers. These workers already have sound work habits, years of experience in the field, and the skills the company needs to take you to the next level of competition. These workers also have less out of work distractions, such as needing more time off for child care or more time off for school commitments. Experienced workers will also add some diversity in workforce, contributing their ideas and experience to the team projects and ideas. If you utilize their assets, the workplace will benefit. (WCxKit)
Summary
A New Year means it is time to reflect on the year to date, and focus on what you can do better for the upcoming New Year. But you should also think about what the veteran workers can bring to the table for the company. Experienced workers are a great untapped resource, and their ideas and work ethics can be beneficial in more ways than one, especially in fields other than just being at their workstation. Tap the greatest free resource- the employees. Listen to their ideas, and make the management team approachable when someone has an idea about how something may be able to be done better. If you make this one of several things to focus on, accomplishing the rest of the goals could just be that much easier.
Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Manage Your Workers Compensation: Reduce Costs 20-50% www.WCManual.com.
Contact: RShafer@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@ReduceYourWorkersComp.com.
Australia’s WorkCover NSW and NSW Public Works recently signed an interagency agreement to improve consistency in workplace health and safety standards across more than a billion dollars of public assets.
According to WorkCover CEO Lisa Hunt, the agreement would have wide-ranging benefits due to the large amount of work carried out by NSW Public Works, and ensure greater consistency and co-operation in safety standards. (WCxKit)
"NSW Public Works is the key agency that oversees the procurement, designs, construction and maintenance of more than $1 billion worth of State public infrastructure, services and facilities for the NSW community each year," Hunt said. "WorkCover NSW administers the Work Health and Safety legislation and Workers Compensation Scheme which aims to ensure the safety of around three million workers in NSW, spread across more than 265,000 businesses.
"Through this agreement, WorkCover will assist NSW Public Works maintain consistency across their main construction and maintenance projects.”
According to Hunt, it is essential that injury prevention on all their projects is of the highest priority.
"With such a high volume of work, many of NSW Public Works’ projects are contracted out, and there needs to be consistency for everyone to ensure at the highest level of work health and safety," Hunt remarked.
"It is also important that in the event of an injury, workers across all projects are offered consistent, high-level support through the Workers Compensation Scheme and helped back to work as soon as possible.
NSW Public Works Deputy Director General Brian Baker added the agreement demonstrated a joint commitment by both agencies to achieve safe workplaces. (WCxKit)
"This agreement will improve work health and safety, injury management, return to work, and workers compensation in the government construction sector – which will undoubtedly impact upon the construction sector as a whole," Baker commented.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@ReduceYourWorkersComp.com.
A Los Angeles area metal shredding facility accused of releasing toxic substances into the atmosphere has agreed to pay more than $2.93 million to comply with air pollution laws and to settle an environmental protection lawsuit, according to a report from the Los Angeles County District Attorney’s office.
Deputy District Attorney Daniel Wright of the Environmental Law Section said SA Recycling, LLC – an automobile and appliance shredding company – agreed to the settlement, which was signed by Los Superior Court Judge Debre K. Weintraub. The civil lawsuit and settlement were filed last week. (WCxKit)
The action alleged that SA Recycling violated air pollution laws when an explosion at its San Pedro facility at Terminal Island destroyed its air pollution control system in May 2007 and the company continued operating for weeks without proper equipment.
At the time of the violations, the company was operated by Hugo Neu Corp. SA Recycling purchased the company in September 2007.
The injunction permanently enjoins SA Recycling from operating its San Pedro shredder without a fully functioning air pollution control system.
Under the terms of the stipulated judgment, SA Recycling has agreed to install an air pollution control system to minimize emissions at its San Pedro location and two other sites in Orange and Kern counties. The company also has agreed to work closely with state and local regulators to address compliance issues related to its operations.
SA Recycling must additionally pay $260,000 in civil penalties and investigative costs to the Los Angeles County District Attorney’s Office and $430,000 to the California Department of Toxic Substances Control (DTSC) for investigative expenses and enforcement tools.
Among others who will benefit are the College of Engineering at the University of California, Davis, slated to receive $100,000 to support aerosol studies; the Coalition For A Safe Environment, which will receive $75,000 for select projects; and 11 San Pedro Bay marina owners and operators, who will share $165,000 to target water and sediment pollution sources. (WCxKit)
SA Recycling shreds and sorts recyclable metal materials. The process, ultimately, generates auto shredder residue (ASR) which is treated to reduce solubility of any remaining metals.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently cited Georgia-based Marietta Industrial Enterprises Inc., which operates Refuse Recycling in Marietta, for 21 safety violations, including two willful, violations.
According to OSHA, it opened an inspection after a worker was found dead inside the rotating drum assembly of a machine used to screen recyclables from other refuse. (WCxKit)
Two willful violations involve failing to implement lockout/tagout procedures to prevent equipment from becoming unexpectedly energized and to train workers in lockout/tagout procedures. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement or plain indifference to employee safety and health.
Additionally, 14 serious violations involve failing to provide machine guarding, provide adequate guardrails, mark and illuminate emergency and exit signs, evaluate the workplace to determine if there were any confined spaces that would require permits, examine powered industrial trucks prior to each shift, ensure that employees used electrical protective equipment, provide electrically insulated tools develop an exposure control plan for bloodborne pathogens, offer hepatitis B vaccines and label biohazard containers. 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.
Finally, five other-than-serious violations involve using work areas for storage, as well as failing to record work-related injuries, maintain clean conditions, provide a written respiratory protection program and provide employees with information for voluntary respirator use. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious injury.
As a result of the investigation, Marietta Industrial Enterprises has been placed in OSHA's Severe Violator Enforcement Program. (WCxKit)
SVEP is intended to focus on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations in one or more of the following circumstances: a fatality or catastrophe, industry operations or processes that expose workers to severe occupational hazards, employee exposure to hazards related to the potential releases of highly hazardous chemicals and all per-instance citation (egregious) enforcement actions.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@ReduceYourWorkersComp.com.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Cairo-based Jay-Bee Oil & Gas, Inc., for 10 repeat, three serious and four other-than-serious workplace safety violations, following a Feb. 4 inspection at a gas well drilling site in Salem, W.V. Proposed penalties total $73,150.
According to OSHA, a congressional referral initiated the gas and oil well drilling company inspection. Jay-Bee Oil & Gas corporate offices are located in Union, N.J.(WCxKit)
"This company's failure to correct previously cited violations means that it continues to place workers in harm's way," said Prentice Cline, director of OSHA's Charleston Area Office. "It is vital that the company address these hazards to protect its employees."
The repeat violations, which carry penalties of $61,600, involve tripping hazards; lack of guardrails or barricades around pits; lack of guarding on open-sided floors and platforms; lack of stair railings on open sides of stairways; failing to provide first-aid training to employees; failing to provide eye wash stations for employees handling corrosive materials; not properly mounted portable fire extinguishers; failing to provide portable fire extinguisher training to employees; not properly training powered industrial truck operators; and not properly training employees handling and exposed to hazardous materials.
The company was cited for the same violations in 2010 at the Salem site. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.
The serious violations, with penalties of $10,780, include fall hazards, not properly labeling containers of hazardous materials, material safety data sheets not readily accessible, and the employer's failure to provide and ensure the use of flame-retardant clothing. 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.(WCxKit)
The other-than-serious violations, with penalties of $770, were cited for improper certification of OSHA's form 300 for workplace injuries and illnesses. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
A baker from Hampshire, Great Britain has been fined after a teenage worker had his fingers crushed in a machine at a bakery near Ringwood.
According to a report from the Health and Safety Executive (HSE), the agency prosecuted Peter Ellis, 58, of Belinda’s Bakery over the incident, which happened in 2010. (WCxKit)
Southampton Magistrates’ Court heard that a male worker, who does not want to be named, was operating a dough molder at a Belinda’s Bakery in the village of Poulner, Hampshire. The machine has two powered running rollers which drive dough through the machine, to be molded to the correct shape and size.
While operating the machine, the worker put his right hand in between the rollers. He suffered crush and skin injuries to his fingers and sustained cuts and bruising to the middle and index fingers. The HSE investigation found there was no guarding in place to prevent access to the powered rollers on the machine. The court was told that immediately following the incident, Ellis reinstalled guarding on the dough molder, which had been removed some two years earlier. (WCxKit). Note: in a claim like this, the manufacturer should be put on notice of a potential "failure to guard" claim because the machine should have had "fail safe" guarding.
Ellis of Picket Hill, Ringwood, Hampshire pleaded guilty to breaching Regulation 11(1) (a) of Provision and Use of Work Equipment Regulations 1998. He was fined $800 and ordered to pay costs of $500.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@ReduceYourWorkersComp.com.
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