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Former Mass Restaurant Owner Violates Wage and Hour Laws


The former owner of a Woburn, Massachusetts restaurant has been arraigned for allegedly violating the Commonwealth’s wage and hour laws, Attorney General Martha Coakley announced. 
 
 
Lynne A. Howell, 50, of Woburn, former owner of La Stanza Diva Ristorante, was arraigned on charges of Failure to Pay Wages (3 counts), and Failure to Provide Suitable Pay Stub Record (3 counts). WCxKit
 
 
According to authorities, Howell failed to pay three of her employees’ wages for work they performed at the restaurant and failed to provide the three employees with pay stubs.
 
 
The Attorney General’s Office began an investigation in March of 2009, after a former employee filed a nonpayment of wage complaint with the Fair Labor Division.  In August 2009, the Fair Labor Division issued a civil citation against Howell and La Stanza Diva Ristorante for failure to pay timely wages in the amount of $1,650 and a penalty in the amount of $500.  A penalty for failure to produce records for inspection in the amount of $1,000 was also assessed. 
 
 
While the citation was under appeal by Howell, the Fair Labor Division received complaints from two additional employees in November 2009, alleging that Howell failed to pay them their wages.
 
 
Under Massachusetts law, employers must pay employees within six days of the termination of the pay period. Employers must provide a pay stub with proper information, including rates of pay and legal deductions. (WCxKit)
 
 
Howell was arraigned recently in Woburn District Court at which time she pleaded not guilty and was released on personal recognizance.  Howell is due back in court on Dec. 16, for a pre-trial hearing. 
 
 
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.
 

NEW 2012 WORKERS COMP BOOK:  www.WCManual.com 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
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
Posted in Employment Law Issues |


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Staffing Agency Tried to Skip Out on Workers Comp Payments


The owner of a Lowell, Massachusetts staffing company has pleaded guilty to charges he underreported the size and scope of his business operations in order to avoid paying approximately $110,000 in workers compensation premiums, Attorney General Martha Coakley’s Office announced.  

 
Dara Duong, 53, of Lowell, pleaded guilty to charges of Workers Compensation Fraud (3 counts), and Larceny over $250 (2 counts). After the plea was entered, Superior Court Judge Kathe Tuttman sentenced Duong to two-and-a-half years in the House of Correction, suspended for three years and three years of probation.  Duong was further ordered to pay full restitution and perform 400 hours of community service at the Muscular Dystrophy Association in Beverly.
 
 
The AG’s Office began an investigation after the Massachusetts Insurance Fraud Bureau (IFB) finished its own investigation and referred the matter for prosecution. Duong was the owner of three companies based in Lowell: Middlesex Temporary Agency (Middlesex), Ankgor Staffing, Inc. (Ankgor), and General Labor Services (General Labor).  All three companies provided unskilled labor, such as factory workers, to several client companies.
 
 
Over a three-year period Duong intentionally underreported his companies’ payrolls, the total number of employees, and the number of clients his employees worked for. Duong also misrepresented job classifications as part of a scheme to avoid paying higher workers comp premiums to two insurance companies.  Investigators discovered that based on Duong’s false representations on his insurance policies, he avoided paying approximately $110,000 in workers comp premiums for a total of three policy periods.  (WCxKit)
 
A Middlesex Grand Jury returned indictments against Duong and he was arraigned on in Middlesex Superior Court where he originally pleaded not guilty.
 
 
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. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
 
 
 
NEW 2012 WORKERS COMP MANAGEMENT GUIDEBOOK:  www.WCManual.com
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php
WC GROUP:  www.linkedin.com/groups?homeNewMember=&gid=1922050/
SUBSCRIBE:  Workers Comp Resource Center Newsletter
 
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.
 
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
Posted in Fraud and Abuse, Insurance Issues, Rates, Premiums |


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More Than One-Third of Alberta Construction Site Inspections Show Issues


More than 600 inspections of residential construction sites in Alberta lead to close to 400 orders issued, according to a recent report from The Canadian Press.

 

Occupational Health and Safety did the inspections recently and issued 394 orders, including 83 stop-work orders.(WCxKit)
 

A lack of fall protection
, or a fall protection plan, accounted for 131 orders, approximately one-third of all orders issued.

 

Dave Hancock, minister of Human Services, responsible for Occupational Health and Safety, noted the province needs to create a culture of workplace health and safety in all Albertans. He reports he wants to assess the impact of all three focused inspection campaigns the province conducted this year.

For the past several months, OHS has carried out a pilot program of evening and weekend inspections, including the recent residential construction campaign.

 

Hancock states the stepped-up schedule will continue on a regular basis.

 

''There are many sectors of our province's workforce that don't clock in from nine to five,'' said Hancock.(WCxKit)

'Revising the working hours of our OHS officers to include weekends and evenings only makes sense. This, along with our ongoing educational efforts and continuing to work with industry and safety associations, will help improve compliance in the workplace,'' he added.


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.

 

2012 NEW WORKERS COMP BOOK:  www.WCManual.com 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
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.
Posted in Safety and Loss Control, WC in Other Countries (International) |


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Australian Employers Fined for Tire and Rope Press Injuries to Workers


 

A Welshpool, Australia manufacturing company has been fined $20,000 over an incident in which an employee sustained injuries to his left arm when part of a rope press shattered and struck him.

 

According to the Western Australian Department of Commerce, Jeminex Brands & Operations Pty Ltd (formerly Beaver Brands) pleaded guilty to failing to provide and maintain a safe workplace and was fined in the Perth Magistrates Court recently. (WCxKit)

 

Jeminex Brands is a manufacturer of wire rope slings and chain slings. Using a rope press, wire rope of a required length is fed through an aluminum collar known as a “ferrule” and the ferrule is then compressed between two dies until they touch to hold the rope together.

 

The pressure applied by the dies is able to be varied according to the diameter of the rope, with maximum pressures stipulated in a chart of pressures in megapascals of pressure. The process is known as “swaging”.

 

A Jeminex employee was engaged in swaging rope. He had already completed two ropes by visually determining when the dies touched. When he swaged the third rope, the dies came together and shattered, causing lacerations to his left arm. The amount of pressure on the dies can be pre-set, and once that maximum pressure is reached, the limit switch is activated and no further pressure can be applied. The maximum pressure stipulated for the diameter of rope being used by the employee was five megapascals. The wire rope press was set at a maximum pressure of 34 megapascals.

 

The court heard that the employee was not instructed to check or change the maximum pressure of the wire rope press before he began the task.

 

It was practicable for the employer to have trained its employee to either set the press to the maximum recommended pressure or to set the pressure at a low level and increase it in small increments until the dies touched.

 

WorkSafe WA Commissioner Lex McCulloch said the case should serve as a reminder of the importance of training and instruction in the workplace.

 

Training of new and young workers is one of WorkSafe’s operational priority areas, and a large amount of time and resources are invested in ensuring that employers provide workers with suitable and adequate induction and training,” McCulloch said.

 

This worker had been with the employer for four months, and this incident made it apparent that he had not been provided with sufficient training and instruction to operate the machinery in a safe manner. (WCxKit)

 

Every employer has the responsibility to provide a safe and healthy workplace; to share information and to provide training and supervision – that is part of the employer’s basic duty of care.

Australian Tire Center, Director Fined After Worker Suffers Injuries 

A Yamba tire center (New South Wales, Australia) and its director have been fined a total of $170,000 and ordered to pay WorkCover’s legal costs after an employee received serious injuries while fitting new tires to an earthmover, according to a report from the WorkCover Authority of NSW.

 
 
The Lower River Tyre Centre Pty Ltd (Lower River) sells tires, wheels and batteries as well as providing tire-fitting services for a range of private, commercial and industrial vehicles. (WCxKit)
 

A 47-year-old Lower River tire fitter was changing six spilt rim grader tires on an earth-moving grader when one of the six tires exploded while it was being inflated.
 

The tires on this large commercial earthmover were around 1.4m in diameter and approximately 40cm thick.
 

The employee sustained serious injuries to his face and upper-body, as well as complications during surgery which required months of rehabilitation.

A WorkCover investigation found that Lower River had no adequate safety protocols in place at the time of the accident.
 

There was no safety cage large enough to protect the worker, nor any devices in place limiting tire pressure on larger commercial tires, which both would have reduced the risk of injuries.

 

The company also did not have documented OHS systems in place; failed to carry out a proper risk assessment; did not conduct formal risk assessments; and did not provide adequate or documented

training.
 

Lower River and its director Anthony Paul Hardacre were charged with breaches of the Occupational Health and Safety Act 2000. Both pleaded guilty to the charges. (WCxKit)

Lower River was convicted and fined $160,000. Anthony Hardacre was convicted and fined $10,000.

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. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.

 
 
NEW 2012 WORKERS COMP MANAGEMENT GUIDEBOOK:  www.WCManual.com
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php
WC GROUP:  www.linkedin.com/groups?homeNewMember=&gid=1922050/
 
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.
 
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
Posted in Safety and Loss Control, WC in Other Countries (International) |


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British Employer Cited When Worker Suffers Permanent Injuries


A modular building company in Great Britain has been fined after a worker was left with permanent injuries when a lifting operation went wrong, according to a report from the Health and Safety Executive.

 
 
Banksman John Hughes, of Newark, was working in an outdoor yard of Caledonian Building Systems Ltd at Carlton-on-Trent, Nottinghamshire, on Feb. 20, 2009. (WCxKit)
 
 
He was helping a fork lift truck driver to raise an 11-tonne modular building unit off some blocks and a wheeled axle, on to a lorry, but the unstable load started to rock. Hughes put his right hand on to the wooden block, to move it out of the way, but one end of the unit came down on his fingers.
 
 
His index finger was crushed and had to be amputated at the knuckle, however 18 months later after continuing problems it was completely removed. His middle finger was also damaged. Hughes was off work for 12 weeks in total before returning to work.
 
 
A Health and Safety Executive investigation found the lifting operation was disorganized and the employees involved were not provided with clear information or instructions. It was unclear who was supposed to participate in the operation, what their role was, which equipment would be used and whether the unit would be moved elsewhere or simply vertically lifted. (WCxKit)
 
 
Caledonian Building Systems Ltd., of Glendale Gryfe Road, Bridge of Weir, Renfrewshire, pleaded guilty to breaching Regulation 8(1)(c) of the Lifting Operations and Lifting Equipment Regulations 1998 and Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999. Lastly, Nottingham Magistrates fined the firm $23,000 (£15,000)  and ordered it to pay costs of ($11,500) £7,328.
 

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

 

Our WORKERS COMP BOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
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.
Posted in Safety and Loss Control, WC in Other Countries (International) |


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Two New England Employers Cited for Injuries and Hazards


The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Prolerized New England Co. LLC, doing business as Schnitzer Northeast, for 10 alleged serious violations of workplace safety standards at its Everett recycling facility, where two workers were injured. Proposed penalties total $70,000.
 
 
According to OSHA officials, the employees were performing maintenance work inside a large rotating drum used to sort scrap material for recycling when the drum activated, injuring them. OSHA's Andover Area Office conducted an inspection in response to the September incident and identified several serious deficiencies in the facility's hazardous energy control procedures, which should ensure machines are deactivated and their power sources locked out before employees perform maintenance work.(WCxKit)
 
 
In this case, the procedures were incomplete and not clearly communicated, training was inadequate, and the procedures were not reviewed to ensure that they were effective and understood by the employees.
 
 
The inspection also found that the employees were not trained to work in confined spaces, such as the drum, and were not provided a hot work permit for welding performed in the drum. Finally, the employees were exposed to the hazard of falling into the drum through an unguarded chute opening. OSHA assessed the maximum fine of $7,000 for each of the violations, for a total of $70,000 in fines. 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.
 
 
"The unexpected startup of machinery during maintenance can injure or kill workers in seconds," said Jeffrey Erskine, OSHA's area director for Essex and Middlesex counties. "Preventing this hazard requires a combination of effective hazard control procedures, training and diligence to ensure that the proper safeguards are in place, in use and understood by workers."(WCxKit)
 
 

The company has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings to the independent Occupational Safety and Health Review Commission.

 

 

OSHA Fines Connecticut Employer for Exposing Workers to Injury 

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently cited G.A. Denison & Sons Inc. for 14 alleged willful and serious violations of workplace safety standards at an Old Lyme work site. The New London contractor faces a total of $110,000 in proposed fines, according to an OSHA report.
 
OSHA's enforcement action follows an inspection opened June 7, when Denison & Sons employees were observed being exposed to falls from heights of 15–26 feet while working without protection on both a scaffold and the roof of a building located at 69 Lyme St. (WCxKit)
 
 
In addition, OSHA found employees exposed to fall hazards while improperly climbing ladders and climbing ladders while carrying materials on their shoulders, as well as to head injuries from working without hard hats. These conditions resulted in citations for five willful violations carrying $73,700 in fines. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
 
 
Nine serious violations, with $36,300 in fines, have been cited for several other hazardous conditions, including overloaded scaffolding, a lack of eye protection for employees using nail guns, inadequate scaffold access, a lack of protection against falling objects, and a failure to provide employees with fall protection, scaffold, and ladder training. 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)
 
 
OSHA has placed G.A. Denison & Sons in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law.
 
 
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. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
 
 
 
 
 
 
WORKERS COMP MANAGEMENT GUIDEBOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php
WC GROUP:  www.linkedin.com/groups?homeNewMember=&gid=1922050/
SUBSCRIBE:  Workers Comp Resource Center Newsletter
 
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.
 
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
Posted in Legal Doctrines, Litigation Management, Management Commitment, Uncategorized |


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Mine Safety MSHA Reports Results for Impact Inspections


The U.S. Department of Labor's Mine Safety and Health Administration recently announced that federal inspectors issued 374 citations, orders and safeguards during special impact inspections conducted at 18 coal mines and two metal/nonmetal mines last month.

 
 
According to the agency’s report, the coal mines were issued 292 citations, 28 orders and one safeguard, while the metal/nonmetal operations were issued 52 citations and one order.(WCxKit)
 
 
Special impact inspections, which began in force in 2010 following the explosion at Upper Big Branch Mine, involve mines that merit increased agency attention and enforcement due to their poor compliance history or particular compliance concerns, including high numbers of violations or closure orders; indications of operator tactics, such as advance notification of inspections that prevent inspectors from observing violations; frequent hazard complaints or hotline calls; plan compliance issues; inadequate workplace examinations; a high number of accidents, injuries or illnesses; fatalities; and adverse conditions, such as increased methane liberation, faulty roof conditions and inadequate ventilation.
 
 
As an example from recent inspections, an impact inspection was conducted during the second shift at D & C Mining Corp.'s underground coal mine in Harlan County, Ky. Inspectors arrived at the mine and immediately captured and monitored the mine phone to prevent advance notification of their presence. The inspection resulted in seven 104(d)(2) withdrawal orders, one 107(a) imminent danger order and 11 104(a) citations, of which 16 were designated significant and substantial.
 
 
The imminent danger order was issued when the inspection team found a cigarette lighter near the continuous mining machine, marking the second time this year that smoking articles were found underground at this mine. This condition provided an ignition source in the presence of combustible materials, loose coal and coal dust accumulations in an area with inadequate rock dust to prevent an explosion. The impact inspection was the sixth conducted at the mine since April 2010.
 
 
Inspectors wrote two of the withdrawal orders for inadequate roof and rib supports at the face area of the mine where miners normally work and travel during their shift. Violations included loose, unsupported draw rock, as well as wide roof and rib bolt spacing, all of which created the potential for roof and rib collapses.
 
 
Additionally, inspectors found inadequate rock dusting, use of a non-permissible cap lamp, accumulations of combustible material, an inadequate smoke search program, inadequate pre-shift examinations, improperly working parking brakes on mobile equipment, nonworking self-contained self-rescuer units, a poorly maintained roof drill dust collection system and inadequate illumination on the mine surface areas.
 
 
"The closure order is still one of the most effective tools inspectors have to bring about compliance, even during impact inspections," said Joseph Main, assistant secretary of labor for mine safety and health. "We will not hesitate to use this and other enforcement tools to protect the nation's miners."
 
 
As a second example, MSHA conducted an impact inspection Sept. 12 to 16 at Robinson Nevada Mining Co.'s Robinson Operation, a large surface copper mine located in White Pine County, Nev. MSHA issued 34 citations during the inspection, including 25 citations to the mine operator and nine to independent contractors working on mine property.
 
 
Among the hazards inspectors cited were inadequate testing of electrical grounding systems, and unattended pieces of mobile equipment that were left with engines running and parked on a grade without properly blocking the wheels. In addition, approximately 30 compressed gas cylinders were stored without caps to prevent injury to the valves which, if damaged, could pose an explosion risk. Inspectors also found an open excavation hole that was not supported to prevent material from falling onto workers.(WCxKit)

 
 
Since April 2010, MSHA has conducted 347 impact inspections, which have resulted in 6,187 citations, 584 orders and 22 safeguards.
 
 
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.
 

Our WORKERS COMP BOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
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
Posted in Safety and Loss Control |


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OSHA Finds Two Employers Exposed with Hazards


The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) reports it cited American Railcar Industries. Inc., headquartered in Saint Charles, Mo., for 10 serious safety violations after an employee was electrocuted while performing repair work on a tanker-style railcar July 25 at the company's work site near Marmaduke, Ark.


"Exposing workers to electrocution hazards without proper safeguards and training is inexcusable," said Carlos Reynolds, the agency's area director in Little Rock. "It is the employer's responsibility to create a safe and healthful workplace where preventable hazards don't cost workers their lives."(WcxKitz)


Upon receiving a fatality report from the employer, OSHA's Little Rock Area Office initiated an investigation July 26 at the company's facility on Highway 34 East and found that workers were being exposed to electrical shocks from welding equipment.


The violations include failing to provide personal protection for employees conducting cutting and welding operations; properly mark the power supply and control boxes for voltage, current and wattage; use fixed wiring instead of flexible cords and protect the wiring from possible damage; remove defective electrical equipment from service; and inspect and mark web slings. 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. Proposed penalties total $61,400


American Railcar Industries, which employs about 260 workers at the Marmaduke facility and about 1,500 workers nationwide, designs and manufactures railcars.(WcxKitz)


The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Little Rock or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

 

 

Pennsylvania Employer Fined for Exposing Workers to Hazards 

 

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently cited QG LLC for eight serious violations of the process safety management standards at its Atglen facility in response to an employee complaint. Proposed penalties total $54,000.

 
"Process safety management prevents the unexpected release of toxic, reactive or flammable liquids and gases in processes involving highly hazardous chemicals," said Albert D'Imperio, OSHA's area director in Philadelphia. "It's vital that QG ensure safeguards are in place to protect the safety of workers at this facility." (WCxKit)
 

The serious citations issued for the process safety management standard violations include failing to provide information pertaining to the equipment being used, establish written operating procedures and safe work practices, conduct employee training, conduct a pre-start up safety review, implement written procedures for ongoing integrity, develop procedures for management of change, certify that compliance was evaluated at least every three years, and ensure that installations of equipment in hazardous locations were intrinsically safe or approved for the hazardous location.

 

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.
 

OSHA's standards contain specific requirements for the management of hazards associated with processes using dangerous chemicals. Additional information is available online at http://www.osha.gov/SLTC/processsafetymanagement/index.html.
 

Headquartered in North Haven, Conn., QG LLC is a web offset printing company with approximately 240 employees at its Atglen site. (WCxKit)
 

The company has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

 
 
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. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
 
 
 
2012 NEW WORKERS COMP MANAGEMENT GUIDEBOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php
WC GROUP:  www.linkedin.com/groups?homeNewMember=&gid=1922050/
SUBSCRIBE:  Workers Comp Resource Center Newsletter
 
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.
 
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
Posted in Legal Doctrines, Safety and Loss Control |


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Texas Man and Maryland Woman Sentenced on Workers Comp Fraud Charges


Texas Mutual Insurance Company reported recently that a Travis County district court sentenced Thomas Mikulenka of League City, Texas on workers compensation fraud-related charges.
 
 
The court sentenced Mikulenka to three years deferred adjudication and 100 hours of community service. Mikulenka was also ordered to pay $7,221 in restitution to Texas Mutual. (WCxKit)
 
 
Mikulenka reported a job-related injury while working as an electrician for IGC Construction, Inc. in Houston. He claimed he was unable to work as a result of the injury, and Texas Mutual began paying income benefits to him.
 
 
Meanwhile, Texas Mutual uncovered evidence that Mikulenka was working as a laborer while receiving income benefits.
 
 
Investigators call this type of scam double-dipping because claimants collect benefits for being too injured to work when, in fact, they are gainfully employed. Texas law requires claimants to contact their workers comp carrier when they return to work. (WCxKit)
 
 
Left unchecked, double-dipping and other workers comp fraud can lead to higher premiums for all Texas employers.
 

 

Maryland Woman Sentenced in Nevada Workers Comp Fraud Case 

A Maryland woman has been sentenced to 2 ½ years in a Nevada state prison for attempting to defraud her employer’s workers compensation insurer of $20,000 while at a professional conference at the Las Vegas Hilton, according to Nevada Attorney General Catherine Cortez Masto’s office.

 
 
Tamara Thompson-Johnson, 45, was ordered to pay $20,000 in restitution, $4,000 in extradition costs and serve 2 ½ years in a Nevada prison after pleading guilty to making false statements to obtain workers comp benefits from her employer, officials say. (WCxKit)
 
 
According to officials, Thompson-Johnson claimed she was injured at the Las Vegas Hilton when a vase, dislodged by an intoxicated person, fell from its pedestal. Although she refused medical treatment at the scene, she reported to security that she had been struck by the vase and checked herself into a hospital.
 
 
The Nevada General Attorney’s office says Thompson-Johnson hired a lawyer and requested a claim for compensation from the Las Vegas Hilton. Her claim was turned down when surveillance footage of the incident surfaced showing that the vase narrowly missed Thompson-Johnson.
 
 
Although her lawyer ceased representing her Thompson-Johnson filed another claim through her employer’s workers comp carrier Travelers Insurance, claiming the vase hit her on the back of her head, neck and back, leaving her disabled. As a result she was paid $20,000 on her fraudulent claim.
 
 
According to the Nevada Attorney General’s office, Thompson-Johnson was extradited from Maryland when she did not appear for court hearings in Las Vegas.
 
 
She pleaded guilty to one felony count of making false statements or representations to garner benefits and was sentenced in November. (WCxKit)
 
 
Along with a 2 ½ year jail sentence, she was ordered to pay $20,435 in full restitution to Travelers Insurance, $4,005 in extradition costs and to reimburse the state $1,000 for costs in connection to the case and was ordered to disclose her conviction to present and future employers and insurers.
 
 
 
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.

NEW 2012 WORKERS COMP BOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
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
Posted in Claim Management, Fraud and Abuse, Medical Issues |


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Why Are Half of British Workers Treated Poorly


According to new research conducted by a team from Cardiff University (Wales), half of those British workers surveyed have been ill-treated in the last two years.

 
 
The survey reports 4.9 percent of workers were victims of violence while 22.3 percent said they were treated in a disrespectful or rude way. Twenty-seven percent said they felt ignored. The study used data from face-to-face interviews with 3,979 workers, and the data, provided for the Economic and Social Research Council (ESRC), was to be presented at a London conference.(WCxKit)


The report
, "Insight into ill-treatment in the workplace: patterns, causes and solutions," was written by academics from Cardiff University's School of Social Sciences and Prof Duncan Lewis at the University of Plymouth Business School. It is based on data from the British Workplace Behaviour Survey, obtained in 2008 from interviews by the market research company TNS Global.
 

The team also looked in-depth at four large employers, using them as case studies. Workers in the public sector were reported to be "particularly at risk" of rudeness, disrespect, violence and injury. (WCxKit)

 
 
The majority of attackers involved in violent incidents were said to be from outside the workplace, with 72% of assailants being customers, clients or members of the public. Workers in health, social work, education, public administration and defense faced the highest risk.
 

Meantime, staff in the private sector was more likely to suffer assaults by colleagues, while disabled employees, those with long-term health problems and younger staff are all more likely to experience ill treatment at work, as were lesbian, gay and bisexual workers.

The survey found that permanent staff with managerial responsibilities is more likely to experience what was described as "unreasonable treatment" and violence in the workplace.(WCxKit)

The report notes some 7,000,000 to 8,000,000 British workers suffer from "impossible workloads" and "not being listened to". Managers and supervisors were blamed for two-thirds of incidents of unreasonable behavior but could also be victims of the same treatment.


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.
 

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