Illinois Employer in Hot Water Once Again

For the second time in two years, federal safety inspectors found workers risking amputations and other serious injuries as they fed parts by hand into an unguarded mechanical press brake at an Illinois trailer manufacturing plant.

 
They also found the company failed to protect welders and other employees from harmful ray emissions during welding operations.

 
On Aug. 5, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration issued one willful, one repeated and five serious violations to the Newark-based Dierzen Sales LTD. Inspectors found the violations in a follow-up inspection in March 2016. The company faces $153,791 in proposed fines.

 

“Dierzen Sales continues to maintain an environment where employees are exposed routinely to machinery hazards likely to cause amputation,” said Jake Scott, area director of OSHA’s North Aurora office. “The company needs to re-evaluate its safety and health programs to ensure workers are provided with the equipment and the training they need to prevent injury on the job.”

 

OSHA’s inspection found the employer failed to:

 

  • Evaluate powered industrial vehicle operators every three years as required. The company also altered powered industrial vehicles.
  • Promptly remove scrap metal from floors, causing trip and fall hazards.
  • Cover electrical boxes and openings.
    View the current citations here.

 

Dierzen was given 15 business days from receipt of its 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.

 

 

 

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

 

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

 

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Cal/OSHA Reacts to Death of Farmworker

Cal/OSHA Chief Juliann Sum recently commented on Cal/OSHA’s ongoing investigation into a July farmworker death in Bakersfield, Ca.

 
According to Sum, “Cal/OSHA is investigating the tragic death of a farmworker reported last week in Bakersfield. In light of recent high temperatures, Cal/OSHA’s maximum enforcement of its Heat Illness Prevention Standard included 597 inspections of agriculture, construction, landscaping and other outdoor worksites this June and July. So far this year, we have issued 994 citations to 742 employers for heat-related violations which require corrective action to protect workers from heat illness.

 

“Cal/OSHA is also continuing its outreach, consultation and training for workers and employers on the importance of heat illness prevention.”

 

 

 

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

 

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

 

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Ohio BWC Nets Seven June Comp Fraud Convictions

The Ohio Bureau of Workers Compensation recently reported that it netted seven convictions in June in criminal cases related to workers comp fraud.

 
Those convicted include child care center operators, skilled tradesmen and others who had lapsed policies, forged certificates of coverage or worked while receiving injured worker’s benefits.

 

As of June 30, BWC’s Special Investigations Department had secured 55 convictions this calendar year. June convictions include:

 

  • Walter Dappert, (Butler County) – The owner of Dappert Masonry Construction pleaded guilty June 8 to one count of workers compensation fraud, a fifth-degree felony. Investigators found he had forged a BWC certificate of coverage to show he had active coverage when, in fact, the policy had lapsed in 2010. A judge sentenced Dappert to three years community control, 40 hours of community service and restitution to BWC in the amount of $1,507. Dappert brought his BWC policy into compliance prior to sentencing.
  • Terry Shaver (Franklin County) – The Grove City man pleaded guilty June 8 to one count of workers compensation fraud, a first-degree misdemeanor, after investigators found him working for a pest control company while receiving injured worker’s benefits. A judge sentenced Shaver to 12 months’ probation and ordered him to pay $5,000 restitution to BWC by May 2017.
  • Karon Jones (Cuyahoga County) – The Cleveland-area child care center owner pleaded guilty June 13 in the Cuyahoga County Court of Common Pleas to a first-degree misdemeanor count of Attempted Obstructing Official Business after investigators found her coverage had lapsed from Jan. 1, 2010 through June 30, 2015. A judge ordered Jones to pay BWC $33,985 in restitution.
  • Tenora Edwards-Jones (Cuyahoga County) – The child care center owner pleaded guilty June 14 in Cuyahoga County Court of Common Pleas to one count of Failure to Comply with the Law, a second-degree misdemeanor. Edwards-Jones had lapsed coverage at two day care centers in Cleveland Heights. Prior to her sentencing, she paid BWC $28,514 to bring both policies current.
  • Angelique Braxton (Franklin County) – The home health aide pleaded guilty June 15 in the Franklin County Court of Common Pleas to a misdemeanor count of workers compensation fraud after she was found working for 20 months while collecting BWC benefits. She paid BWC $1,902 for its investigation and $37,962 in restitution.
  • Gary Miller (Fairfield County) – The Columbus area painter pleaded guilty June 23 to one count of workers compensation fraud, a first-degree misdemeanor, after investigators found he had forged a BWC certificate of coverage after his policy had lapsed. A judge in Fairfield County Municipal Court sentenced Miller to two years’ probation and ordered him to pay $732 in fines and restitution.
  • Brian DuVernay (Allen County) – The Lima-area man, owner of A Better Way Contracting, pleaded guilty June 24 to one count of Failure to Comply, a second-degree misdemeanor, after investigators found he hadn’t submitted payroll reports, causing his BWC policy to lapse. The Lima Municipal Court fined DuVernay $150 and warned that he would be jailed and face additional charges if he did not come into full compliance with BWC.

 

Additionally, a Northwest Ohio woman entered into a Hardin County Diversion Program in June in lieu of conviction after investigators found she had altered several BWC certificates of coverage to make them look current after they had lapsed.

 

Kathy S. Detwiler, owner of Detwiler Enterprises Inc., must participate in the program for one year, complete at least 160 hours of community service and abide by all regulations concerning BWC. Once completed, all charges will be dropped.

 

 

 

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

 

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

 

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Saskatchewan WCB Notes Nearly $282M Surplus

Recently, the Saskatchewan (Canada) Workers Compensation Board (WCB) announced a $281.5 million surplus will be distributed to employers in 2016 as part of the 2015 surplus announced at its annual general meeting in May.

 
At the WCB’s 2015 year end, the funded position was 144.7 percent, which exceeded the 105 to 120 percent funding policy target range resulting in a surplus of $281.5 million. The surplus was slated to be distributed to eligible employers in two installments in July and December of 2016.

 

Chairperson Gordon Dobrowolsky said after seeking input from both worker and employer representatives, and weighing several factors, the Board made the decision to distribute 50 percent of the 2015 surplus to employers in July and the remaining 50 percent by the end of the year.

 

“As a Board, we are legislated to ensure the present and future financial security of the compensation system in our province,” Dobrowolsky said. “We carefully weighed our decision on behalf of both employers and injured workers by considering market uncertainties and investment return volatility, a funding policy review, cash flow requirements, economic uncertainty, and changes in accounting and actuarial standards as well as the potential impacts of the Committee of Review recommendations.”

 

Investment Income Plays Big Role

 

Dobrowolsky said the increase in the 2015 funded position is substantially due to investment income.

 
“We are pleased to see that there will be a distribution to employers, which will help grow the economy,” said Don Morgan, Minister of Labor Relations and Workplace Safety and Minister Responsible for the Workers Compensation Board. “WCB has done an excellent job managing their investments and we thank them for the work they do on behalf of the working women and men of Saskatchewan.”

 

Employers are eligible for the 2016 distribution if their net premiums were greater than their claims costs over the three-year period from 2012 to 2014. A three-year period was chosen to ensure employers were not disqualified based on one or two years of higher claim costs. The amount of the distribution that each eligible firm receives was determined based on their 2014 base premiums because 2014 is the most current year of assessed actual payroll.

 

The WCB’s funded position is impacted by the WCB’s investment performance, which fluctuates depending on world economic activity. The last similar surplus distribution from the WCB was in 2015 based on the 2014 funded position.

 

 

 

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

 

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

 

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Ontario WSIB 2015 Stat Report Shows Return to Work Improvements

Ontario’s (Canada) Workplace Safety and Insurance Board (WSIB) recently released their By the Numbers: 2015 WSIB Statistical Report. The report highlights trends in injuries, illnesses, recovery and return to work in Ontario’s overall prevention system and industry sectors.

 
An important channel for providing open and accessible WSIB data and information, By the Numbers is updated annually with data and information about health and safety in Ontario’s workplaces.

 

“The 2015 By the Numbers report shows clearly that the vast majority of injured workers are recovering and returning to work within a month, and that is encouraging news,” said Thomas Teahen, WSIB president and CEO.

 

“We are proud to be able to help injured workers resume their lives, support their families and loved ones, and participate in their communities.”
Among the statistics featured in the 2015 By the Numbers:

 

  • WSIB Return to Work staff made more than 21,000 visits to Ontario workplaces in 2015, and more than 91 percent of injured workers were off loss-of-earnings benefits within one month of Return to Work staff involvement.
  • The WSIB served more than 5.3 million workers and more than 300,000 employers, registered almost 230,000 claims, and issued $2.58 billion in benefit payments.
  • The overall lost-time injury (LTI) rate in 2015 was less than one per cent in 2015, continuing a decade-long trend of Ontario having among the lowest LTI rates of any jurisdiction in Canada.

 

This year, the By the Numbers website has an innovative new feature called Report Builder. This self-service tool lets users easily choose and customize the WSIB information they need for building their own unique reports. For the first time in its history, By the Numbers includes occupational disease claims statistics, the subject of this year’s Focus chapter.

 

By the Numbers and the Report Builder are available now at: wsibstatistics.ca.

 

 

 

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

 

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

 

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Minnesota Sees Paid Work Comp Claims Fall Nearly 50 Percent

The number of paid workers compensation claims in Minnesota fell 49 percent relative to the number of employees from 1997 to 2014, according to the 2014 Minnesota Workers Compensation System Report, recently released by the Minnesota Department of Labor and Industry (DLI).

 
“Again this year, medical treatment for injuries was the chief cost driver for the system, increasing annually per claim by 4.6 percent above average wages since 1997,” said Ken Peterson, DLI commissioner. “To curtail rising medical costs, legislation was approved in 2015 to control increases for inpatient hospital charges and our agency hopes to pass similar controls for outpatient charges during the 2017 session.”

 

Significant findings:

 

  • The workers compensation claim rate fell considerably from 1997 to 2014, from 8.7 to 4.4 claims per 100 full-time-equivalent employees.
  • The 2014 total workers compensation system cost was $1.27 per $100 of payroll. In Minnesota and elsewhere, this cost follows a multi-year pricing cycle. However, there does seem to be a long-term downward trend.
  • Because of the falling rate of claims, total costs of benefits, including medical, cash and rehabilitation, fell 18 percent relative to payroll between 1997 and 2014.
  • Medical care accounts for the largest share of total system cost, 36 percent; next, insurance expenses, 32 percent; then cash benefits, 28 percent.
  • The percentage of claims with disputes rose from 15.5 percent to 20.7 percent from 1997 to 2008, but has shown little change since 2008.
  • About 24 percent of cash-benefit claimants received vocational rehabilitation services in 2014, the highest since 1997.

 

The report, part of an annual series, presents data from 1997 through 2014 about aspects of Minnesota’s workers comp system.

 

Copies of the report may also be obtained by calling (651) 284-5030 or 1-800-342-5354.

 

 

 

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

 

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

 

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British Firm Sentenced for Safety Breaches

British engineering firm, Point Engineering (Hull) Ltd was sentenced recently for safety breaches after a marine hatch and frame weighting more than 500 kilograms fell forward seriously injuring an employee and narrowly missing another person.

 
The injured person was preparing the marine hatch for inspection and used a sling and overhead crane to move it to a vertical position so that the hinge could be stamped with an approval mark by a surveyor who was with him.

 

The marine door fell onto Richard Blake, 63, a welder and fabricator at the company, trapping his pelvis and legs; the surveyor, who was approximately one meter away from him, narrowly escaped injury when the hatch and frame grazed the toe of his safety boot.

 

Blake suffered a shattered pelvis and broken hip when the accident happened in February 2014. The Health and Safety Executive (HSE) prosecuted the firm over the incident.

 

Point Engineering (Hull) Ltd of Lee Smith Street, Hull, pleaded guilty to breaching Regulation 3(1) (a) of the Management of Health and Safety at Work Regulations 1999, and was fined more than $39,000 with $32,000 costs at Hull Crown Court.

 

After the hearing, HSE inspector Sarah Lee commented: “If the job had been correctly planned and risk assessed then a safe way of doing the job could have been established. Sadly it was not, which lead to Mr. Blake suffering from these terrible injuries.”

 

 

 

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

 

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

 

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Pennsylvania Employer Cited after Worker Attacked

The sexual assault of a home health care worker has resulted in a willful citation against one of the nation’s leading providers of pediatric home health and therapy services for medically frail and chronically ill children, after it failed to protect its employees properly from the dangers of workplace violence.

 
The U.S. Department of Labor’s Occupational Safety and Health Administration opened an investigation following a complaint on Feb. 1, 2016, from an employee of AndVenture Inc. who was sexually assaulted by a home care client after the company had been warned by another employee of sexual assaults.

 

And Venture does business as Epic Health Services and had received numerous reports of verbal, physical and sexual assaults on employees, as well as a report of an employee forced to work in a house in which domestic violence occurred. OSHA cited the company for one willful violation related to employee exposure to workplace violence, including physical and sexual assault.

 
OSHA inspectors found Epic Health exposed employees to the risks of physical assaults as they provided nursing care services to both clients and family members and had no system for reporting threats or incidents of violence.

 

Suggestions Added to Prevent Problems in Future

 

The citation includes a number of suggested and feasible means of abatement that the company can implement to address workplace violence issues, including development of:

 

  • A written, comprehensive workplace violence prevention program.
  • Workplace violence hazard assessment and security procedures for each new client
  • Procedures to control workplace violence such as a worker’s right to refuse to provide services in a clearly hazardous situation without fear of retaliation;
  • A workplace violence training program
  • Procedures to be taken in the event of a violent incident in the workplace, including incident reports and investigations.
  • A system for employees to report all instances of workplace violence, regardless of severity.

 

The agency also cited the company for failing to record injuries properly on OSHA forms.

 

OSHA fined the company $98,000 for the hazards.
Epic Health was provided 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA’s area director, or contest the findings before the Occupational Safety and Health Review Commission.

 

 

 

 

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

 

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

 

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Ohio Nabs Pair of Comp Fraud Actors

In separate cases on back-to-back days, the Ohio Bureau of Workers Compensation netted two convictions of Cleveland-area day care center operators who refused to pay their workers compensation premiums until BWC pressed criminal charges against them.

 
One owner must pay the BWC nearly $34,000 and serve one year probation, while the other owner has already paid the BWC nearly $30,000 to bring her centers into compliance.

 

In the first case, Karon Jones, 45, of Solon, pleaded guilty to a first-degree misdemeanor count of Attempted Obstructing Official Business, according to her June 13 sentence in the Cuyahoga County Court of Common Pleas. A judge ordered Jones to pay the BWC $33,985 in restitution to bring her policy current and imposed probation in lieu of a six-month jail sentence.

 

Jones’ policy for Norak Inc., dba Dynamic Creations, lapsed from Jan. 1, 2010 through June 30, 2015. The BWC Employer Fraud Team (EFT) opened Jones’ case in August 2015 after the BWC Special Investigation Department identified the center and other child care facilities operating in Ohio without valid BWC coverage.

 

In the second case, Tenora M. Edwards-Jones, 47, of Richmond Heights, pleaded guilty June 14 in Cuyahoga County Court of Common Pleas to one count of Failure to Comply with the Law, a second-degree misdemeanor. Edwards-Jones had lapsed coverage at two day care centers in Cleveland Heights, Excell Early Learning Center and The Blue Room Ltd., dba Educare Development Center.

 

Prior to her sentencing, Edwards-Jones paid the BWC $28,514 to bring both policies current.

 

 

 

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

 

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

 

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New York Manufacturer Cited for Workplace Safety Issues

Federal workplace safety and health inspectors have cited a Queensbury, New York manufacturer for exposing employees to uncorrected explosion hazards, as well as recurring fire and fall hazards.

 
The Albany Area Office of the U.S. Department of Labor’s Occupational Safety and Health Administration opened a follow-up inspection on Jan. 13, 2016, after RWS Manufacturing Inc. failed to verify it corrected violations cited during a previous OSHA inspection. Agency inspectors found that the company failed to address combustible dust hazards involving the dust collection system it had agreed to correct.

 

Inspectors also identified new and recurring hazards stemming from RWS Manufacturing’s failure to:

 

  • Address combustible dust related fire and explosion hazards for conveyor equipment and an inoperable spark detection/fire suppression system.
  • Inspect fire extinguishers annually, and maintain them in fully charged and operable condition.
  • Remove accumulations of combustible wood dust and shavings on rafters and other surfaces.
  • Remove piles of wood dust and shavings on floors that create fire, slip, trip, and fall hazards.

 

“RWS Manufacturing has disregarded its employees’ safety in failing to correct an obvious fire and explosion hazard and in allowing the existence of new and recurring hazards,” said Robert Garvey, OSHA’s area director in Albany. “Especially disturbing is the fact that, since OSHA’s last inspection, a significant fire occurred in the plant’s production area in December 2015. For the safety and well-being of its employees RWS Manufacturing must take immediate, comprehensive and effective action to correct these hazards once and for all.”

 
As the result of the follow-up inspection, OSHA has issued RWS Manufacturing citations for failure to abate previously cited violations, two repeat violations, and three serious violations. The company faces proposed penalties totaling $197,820 for these violations. The citations can be viewed here.

 

RWS Manufacturing was given 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

 

 

 

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

 

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

 

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