New Jersey-based Supply Plus was recently cited with one willful, 25 serious and two other-than-serious safety violations in response to a complaint alleging imminent danger for failing to guard machines and exposing workers to fall and electrical hazards at the company's Paterson facility, according to an OSHA report. Proposed penalties total $126, 000.
An inspection revealed one willful violation, with a $42,000 penalty, for failing to provide machine guarding. 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. (WCxKit)
The serious violations, with $84,000 in penalties, include failing to keep work areas and passageways free of litter; provide guardrail protection, guard machines and electrical boxes; provide an eyewash station; provide personal protective equipment for workers handling chemicals; provide industrial truck and hazardous communication training; ensure exit routes were unobstructed and visibly marked; make sure exit doors could open properly; cover electrical panel boards supplying power for equipment and lighting; properly use flexible cords; implement a lockout/tagout program for energy sources to prevent machines from accidentally starting up during servicing and maintenance; perform workplace hazards assessment and develop a written hazardous communication program.
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 other-than-serious violations, carrying no penalty, are due to record-keeping violations. 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. (WCxKit)
"Each of these violations left workers vulnerable to hazards that could cause serious injuries or quite possibly death," said Lisa Levy, OSHA's area director in Hasbrouck Heights. "It's vital that Supply Plus correct these hazards to protect its workers."
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 Saskatchewan WCB recently announced its plan for a modest reduction in the average employer premium for 2012.
The 2012 average premium will be $1.60 per hundred dollars of payroll, down one cent from 2011. According to the Board, stable claim costs and injury frequencies contributed to the WCB’s decision. The proposed 2012 premium is the lowest average premium rate in a decade, and nearly 22 per cent lower than the 10-year high of $2.05 in 2004. (WCxKit)
Premiums for 28,071 employers stay the same or are lower. The average decrease is 5.3 per cent; the range is 1.0 to 21 percent. According to the WCB, 14,115 employers pay higher premium rates next year, as a result of their claims experience. The average increase is 5.1 percent; the range is 1.0 to 17.8 percent.
It is expected Saskatchewan will have the fourth lowest average employer premium in Canada for 2012.
Peter Federko, the WCB’s chief executive officer, said that recent investment market volatility did not impact the decision on rates. A new funding policy directs that only realized gains and losses – that is, gains and losses from the sale of investments – are used to determine the WCB’s funded position.
According to Federko, “As required, the WCB has adopted the new international financial reporting standards. The new policy recognizes this financial statement reporting requirement and brings more stability to our calculations, and that includes calculating our employer premium rates.”
The province has seen an almost 40 percent drop in the workplace injury rate since 2002. (WCxKit)
Officials credit business owners and Saskatchewan’s working men and women for the huge shift towards safer workplaces, adding that, “workplace safety is the surest way for an employer to bring down WCB costs. It’s a management practice with paybacks for everyone: employers, workers, families and neighborhoods all benefit when we go home safely from work.”
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 global manufacturer has been fined £180,000 ($280,000) after a worker was killed at an Andrex factory in Barrow-in-Furness, Great Britain, according to a report from The Health and Safety Executive (HSE). Christopher Massey died after being struck by a piece of machinery.
Massey, a former Barrow Raiders rugby player, was struck by a piece of machinery while working on a night shift at the Kimberly-Clark plant Nov. 8 2007.(WCxKit)
The company was prosecuted by HSE after an investigation found a dangerous part of a machine, used to produce rolls of Andrex toilet paper, had been left unguarded.
Preston Crown Court heard the 28-year-old had been looking through a gap in the machine to make sure the tissue was being fed through correctly.
As he checked inside the machine it began to move a large, 2-meter wide reel of tissue into place, striking him on the head. His body was discovered 20 minutes later by colleagues shortly before the end of their shift.
The HSE investigation found the machine had been modified four months earlier so that reels of two-ply as well as single-ply toilet paper could be fed through it.
The part of the machine used to hold the large reels of tissue had been moved back so that another piece of machinery could be added to handle the two-ply toilet paper. This created a potentially dangerous gap which Massey and other workers had used to check the tissue was being fed through correctly.
The court was told the factory had been short-staffed on the night of Massey’s death, with two of the four workers in the team off sick. He was moved to work on the part of the machine that fed through the giant reels, despite not having had training on how to operate it since its modification.
The gap in the machine gave him the best vantage point to check the tissue, and none of the workers had been told it was not safe to stand in that position. Following his death the company fitted two sheets of clear plastic over the gap which allowed employees to check the machine without being put at risk.
Kimberly-Clark, Ltd., pleaded guilty to a breach of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of its employees. The company, of Tower View, Kings Hill, West Malling, Kent, was ordered to pay £20,000 ($31,000) in prosecution costs in addition to the fine of £180,000 ($280,000). (WCxKit)
Massey was one of 29 workers to be killed while working in the manufacturing industry in Great Britain in 2007-8. More than 5,000 workers also suffered major injuries.
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, contactInfo@ReduceYourWorkersComp.com.
Ohio Bureau of Workers Compensation (BWC) Administrator/CEO Stephen Buehrer recently announced the addition of a workplace wellness program to help employers meet the challenges related to rising incidences of obesity and chronic disease.
Over the next four years, the program will make $4 million available to employers to create programs to control escalating costs of workers’ compensation claims associated with these health risk factors.(WCxKit)
“Health factors like obesity and chronic disease can contribute to workplace injuries and slow the recovery of an injured worker,” said Buehrer. “By promoting wellness programs in the workplace, we are helping improve the quality of life for working Ohioans and their families, as well as helping reduce costs for Ohio’s employers.”
Participating employers will be awarded up to $15,000 over four years to implement wellness programs in their workplaces. BWC expects more than 600 employers will benefit from these grants, which will be awarded on a “first come, first serve” basis based on availability of funds.
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, contactInfo@ReduceYourWorkersComp.com.
The Ohio Bureau of Workers Compensation (BWC) reported recently awarding 10 businesses safety intervention grants totaling more than $207,000 to make Ohio workplaces safer.
BWC designed the Safety Intervention Grant Program to assist Ohio employers in reducing illness and injuries, and create a partnership with them to establish best practices for accident and injury prevention. (WCxKit)
Ohio private and public employers are eligible for the grants, which provide a 2-to-1 matching amount up to a maximum of $40,000 for a total of $60,000 and $20,000 from the employer and $40,000 from BWC. Quarterly data reports and follow-up case studies help BWC to determine the effectiveness of employers' safety interventions and establish best practices.
The businesses that received a grant are
Aluminum Line Products Co. (Cuyahoga County)
Aluminum Line is in the manufacturing industry and provides a line of aluminum and stainless custom coils, first stage blanks, punched blanks and components for the transportation industry. BWC awarded $11,668 to purchase a vacuum lift system to reduce or eliminate the risk of injury related to manual material handling, such as sprains/strains, in addition to slips/trips and falls.
Bral Land Corp (Trumbull County)
Bral Land Corp is a small machine shop, warehouse and inspection facility that sorts and reships machined products. BWC awarded $23,658 to purchase a pallet wrapper and air balancer to reduce the risk of injury related to manual material handling, such as sprains/strains and slips/trips and falls.
Gibbs Equipment, Inc. (Huron County)
This commercial industry employer sells and services lawn and farm equipment. BWC awarded $10,997 to purchase equipment lifts to reduce the risk of injury related to awkward postures, twisting and bending for extended periods due to the nature of tractor/mower repair work.
Harry & David Operations, Inc. (Licking County)
Harry & David is a leading gourmet gift company providing wholesale and distribution services. BWC awarded $18,789 to purchase 30 portable conveyors to reduce the risk of injury related to manual material handling, such as sprains/strains, in addition to cuts/lacerations.
Horizons Inc. (Cuyahoga County)
Horizons is in the manufacturing industry and assembles membrane switches for products such as CNC machines. BWC awarded $40,000 to purchase an automated dome placement system to reduce the risk of musculoskeletal disorders related to the manual assembly process of electrical switches.
Kelstin, Inc. (Richland County)
Kelstin is in the construction industry and provides various excavation and demolition services. BWC awarded $4,981 to purchase a skid steer mounted hydraulic breaker to reduce the risk of injury related to manual material handling, excessive force, vibration and cumulative trauma disorders associated to excavation and demolition work.
The Nolan Company (Stark County)
Nolan Co. is a manufacturer of a variety of railroad safety handling products. BWC awarded $40,000 to purchase a vertical machining center to reduce the risk of injury related to manual material handling, such as sprains/strains, cuts/lacerations, burns and eye injuries from flying debris.
The Village of Spencerville (Allen County)
This small public employer provides a wide range of maintenance and utility work for the village of Spencerville. BWC awarded $9,128 to purchase a hydraulic chain saw, hydraulic post driver and puller, manhole cover lift, lift magnet, manhole cover dolly, valve box lifter and wheel chock to reduce the risk of injury related to manual material handling while conducting maintenance and repairs for the village.
Village of West Liberty (Logan County)
This public employer provides water-meter-reading services for the village of West Liberty. BWC awarded $40,000 to purchase a wireless water-meter-reading system to reduce the risk of injury related to poor environmental conditions associated to reading water meters manually, such as sprains/strains, dog bites, slips/trips and falls, potential traffics risks and extreme weather conditions. (WCxKit)
Volunteer Firemen of Magnolia, Inc. (Stark County)
This organization is an incorporated fire department that provides fire protection and emergency response to surrounding communities. BWC awarded $8,347 to purchase a thermal imaging camera (TIC) to reduce the risk of injury related to fighting fires by detecting potential hot spots and/or locating a fire source allowing crews to extinguish the fire more rapidly.
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.
Two Australian companies and two of their directors have been fined a total of $512,500 and ordered to pay WorkCover New South Wales’ legal costs after a man fell from the roof of a large shopping center redevelopment in Merrylands, sustaining severe and permanent injuries.
H Hassarati and Co Pty Ltd (Hassarati) was a demolition and excavation company and BU Hazardous Material and Demolition Pty Ltd (BU Hazardous) was an asbestos and general demolition company, both based in Sydney. The companies were part of the major redevelopment of the Stockland Shopping Centre in Merrylands. (WCxKit)
The construction company engaged for the redevelopment subcontracted the demolition works to Hassarati, who then subcontracted BU Hazardous to help it with some of the work, including the removal of roof sheeting and insulation.
The accident occurred when a 56-year-old worker was manually removing roof sheeting and insulation from a building without a harness when he slipped and fell almost eight meters, hitting an air-conditioning duct before landing on the concrete floor below. The man sustained serious and permanent injuries.
The investigation found:
1. The defendant did not have enough safety harnesses and inertia reels harnesses for all of the employees required to work on the roof. As a result BU Hazardous did not provide the injured person or other employees working on the inner section of the roof with harnesses.
2. There were no adequate safety instructions or training provided for working from heights to employees.
3. There was no system in place to make sure all workers were provided with a harness at all times while on the roof.
4. Both companies had failed to properly supervise and instruct their staff. (WCxKit)
Both companies were charged with breaches to the Occupational Health and Safety Act 2000.
BU Hazardous was convicted and fined $300,000 and its director Bo Ung was convicted and fined $30,000. Hassarati was convicted and fined $175,000 and its director Paul John Hassarati was convicted and fined $7,500.
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.
Even though there is an increasing number of aging U.S. workers, older employees have shown to exhibit a smaller-than-expected effect on workers compensation loss costs, according to a new report from NCCI Holdings Inc.
NCCI reported on similar average loss costs for all groups of workers ages 35 to 64. Additionally, claim frequency has fallen across the board for all age groups in the last several years as workplaces have in general become safer, according to the rating and research agency.
"These are reassuring findings, in that an aging workforce may have a less negative impact on loss costs per worker than originally thought," NCCI commented.
However, medical and indemnity claim severity for workers ages 45 to 64 was more than 50 percent greater than claim severity for the study’s youngest workers, ages 20 to 34. A large degree of that was due to additional severe injuries among older workers, including sprained rotator cuffs, torn knee cartilage and lumbar displacement.
According to NCCI, claim severity did not vary as widely among workers ages 35 and older. "There is a common belief among many that because of poorer health and longer healing times, medical severity among the oldest workers is likely much greater than among younger workers," the report goes on to say. "However, although there are some wide swings from year to year, medical severity for workers 65 and older does not seem much different from (workers over age 35)." (WCxKit)
Lastly, NCCI reported that higher wages added to higher indemnity costs among older employees in the study, who obtained 26% more in average temporary benefits per day than workers ages 20 to 34.
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.
As U.S. companies continue to ask workers to shoulder a greater burden of the cost of health care, a recent survey from Aon Hewitt, The Futures Company and the National Business Group on Health, reveals that consumers want their employers to do more to help them improve their health and get the most from their employer-provided health and wellness plans.
Together with the National Business Group on Health and The Futures Company, Aon Hewitt surveyed more than 3,000 consumers (employees and their dependents) covered by employer health plans to determine their perspectives, behaviors and attitudes towards health and wellness.(WCxKit)
Under continued pressure to mitigate costs and adjust to new regulations, employers are continuing to carefully consider the future of their employer-provided health plans. However, as they adjust their plan design and wellness strategies, the survey finds that many employers are not aligning these strategies with the goals, needs and concerns of their employees.
While a majority of consumers (74 percent) are worried about being able to afford health care now and in the future, they understand that health improvement programs, along with well-designed employer-provided health benefit plans, can help them get healthier while also holding down costs. But, the survey reveals that workers really want four simple things -programs and communication that are easy to use, motivating and meaningful to them, but that also provide personalized information and ideas.
"Employers continue to face countless challenges when it comes to offering health plans that effectively meet the needs of workers and their families, while also managing rising costs," said Helen Darling, president and CEO of the National Business Group on Health. "We hear over and over that the key to ensuring real health improvement is employee engagement, so knowing what employees want and what will motivate them is essential to success. Consumers are telling us that the one-size-fits-all approach to health and wellness is not working for them. In order to help with their challenges and reduce costs, they want health programs that speak to their individual and families' health care needs."
Faced with rising health care costs and new regulations, more employers are introducing health care plans that require workers to take more responsibility for managing their health and the related costs. In fact, a recent Aon Hewitt report shows that 51 percent of employers now offer a Consumer Driven Health Plan (CDHP), up from just 9 percent in 2005.
The good news for employers is that consumers are willing to try CDHPs if the immediate cost savings are apparent. Among those with a choice, most employees (63 percent) select a CDHP because of the lower premium costs.
Additionally, 39 percent choose this plan option because their employer contributes to an associated account-Health Savings Account (HSA) or a Health Reimbursement Account (HRA). In fact, among those enrolled in a CDHP who have a choice, over 90 percent will definitely or probably re-enroll. While CDHPs are, in part, intended to encourage workers to take a more active role in their health, the survey findings indicate that they are having a mixed effect on behaviors.
Encouragingly, 42 percent are getting more preventive care and 40 percent are looking for lower cost health services options since choosing this plan. More troubling, a sizeable number of workers (35 percent) are sacrificing or postponing care (28 percent) to avoid out-of-pocket costs.
"While an eye towards cost is certainly a valid and reasonable reason for consumers to select a certain health care plan, choosing a plan that fits a worker's lifestyle and needs also ensures that people are getting the most appropriate coverage for their needs," said Cathy Tripp, managing principal Health & Benefits at Aon Hewitt and project leader for this study. "However, employers need to make sure workers aren't sacrificing health and the future costs of poor health for lower costs today. Giving employees the tools and advice to decide what is the most appropriate plan for them is critical."
When it comes to tools to help them make health decisions, consumers want information that is tailored to their specific situation. Half of participants (50 percent) want a personalized plan that recommends specific actions they can take to improve their health based on their health status, up 9 percentage points from 2010. Workers are also looking for convenient, one-stop access to information with 40 percent expressing a preference for a wellness website and more than a third (35 percent) want personalized health tips and reminders. Cost is still not far from the minds of consumers though. Fully 44 percent would like cost savings tips and a third (33 percent) want cost estimating tools.
"If companies truly want to move the needle in terms of overall health and cost, they have to stop looking at employees as one group, and start looking at the individual," stressed Joann Hall Swenson, principal and health engagement best practice leader at Aon Hewitt. "Employers can customize health information and related programs to address the specific health conditions and risks of their workers as well as offer specific tips and actionable steps they can take to improve their condition. In addition, offering tools that allow individuals to see and understand the cost of their health care services goes a long way in helping workers make the most of their health care dollars."
In addition to shifting a greater share of the cost to employees, companies are also looking at ways to get employees and their dependents healthier. According to consumers, the best way to motivate them to participate in employer-sponsored health plans is by using rewards. More than half of consumers would prefer either non-cash or cash incentives to encourage them to take part in wellness (60 percent), condition management programs (50 percent) or respond to a health risk questionnaire (58 percent).
For employers, getting workers engaged in their health is critical to health improvement and cost containment. However, the survey finds that there is a disconnect between how healthy people think they are and how healthy they actually are.
The Centers for Disease Control and Prevention reports that approximately one-third (33.8 percent) of U.S. adults are obese, though only 24 percent of survey participants say they are obese. Similarly, the survey found that more than three-quarters (76 percent) of consumers rated their health as "very good" or "good,” while just 15 percent considered their health "fair" or "poor." While employees may think they are healthier than they likely are, they do acknowledge that their health is not perfect. Approximately 60 percent of consumers report having at least one health condition with obesity, high blood pressure and back pain most often mentioned.
"This lack of awareness between real and perceived health is a huge problem since we know that concerns about risk factors can help overcome our natural tendency to put-off making the tough life changes needed to significantly reduce health risks," stressed Darling.
Despite the potential disconnect between real and perceived health status, consumers do understand what it takes to get and stay healthy. When ranking what matters most to their health, many (85 percent) say that good health is a result of making smart health choices each day, over two-thirds (68 percent) say that getting regular preventive care ranks in the top three, while 40 percent rank living and working in a healthy environment in the top three. While people know what it takes to be healthy, there are still often barriers to reaching health goals. Most people cite lack of time (42 percent), cost (40 percent) and unwillingness to sacrifice (35 percent) as the leading obstacles to getting and staying healthy.
Consumers do acknowledge that there are people and things in their lives that may help move the needle when it comes to improving their health. Nearly three-quarters (72 percent) are influenced by advice from a doctor, almost half (47 percent) from friends or family, and 41 percent from general health websites. Just 13 percent consider health information from their employer a trusted source.
To improve health and productivity, employers are increasingly offering programs to both workers and their dependents such as biometric screenings, health risk assessments, onsite clinics/pharmacies and Employee Assistance Programs. However, many employees and their dependents do not seem to be aware of many of these programs. In 2011, more than one-third (36 percent) of consumers did not participate in any health program or service offered by their employer. Among the programs that workers did participate in, blood tests or biometric screenings were the most popular (61 percent participation), followed by health risk assessments (57 percent participation).
Despite low participation, when workers do take part in these programs, satisfaction is extremely high. Almost all (97 percent) of consumers who took part in blood work/biometric screening were satisfied, 97 percent were happy with their on-site clinic or pharmacy, and 92 percent were satisfied with the health risk assessment.
In addition to lack of awareness, and despite the availability of health improvement programs, many consumers do not feel their employers are fully supportive in helping them get and stay healthy. A majority of workers (60 percent) think their company is only moderately-to-not supportive when it comes to their efforts to be healthy.(WCxKit)
"Employers may be missing the mark when it comes to health improvement programs being offered to workers," said Tripp. "Workers need to see that their efforts to become healthy are supported by the company. Developing a culture where leaders care and support healthful living communicates to workers that this matters to the company."
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, contactInfo@ReduceYourWorkersComp.com.
A Watertown, Massachusetts roofing company and its owners have been arraigned on charges they allegedly failed to disclose millions of dollars in misclassified subcontractor payroll and failed to pay the prevailing wage, Attorney General Martha Coakley’s Office announced.
Shaun Bryan and Antoinette Capurso-Bryan, of Newton, and their company, Newton Contracting Company, Inc., of Watertown, were arraigned on the following charges:(WCxKit)
Shaun Bryan, 47, of Newton
Workers Compensation Premium Evasion (4 counts)
Unemployment Contribution Evasion (12 counts)
Misclassification of Employees as Independent Contractors (4 counts)
Failure to Pay the Prevailing Wage
Newton Contracting Company Inc., of Watertown
Workers Compensation Premium Evasion (4 counts)
Unemployment Contribution Evasion (12 counts)
Misclassification of Employees as Independent Contractors (4 counts)
Failure to Pay the Prevailing Wage
Antoinette Capurso-Bryan, 47, of Newton
Misclassification of Employees as Independent Contractors (4 counts)
Failure to Pay the Prevailing Wage
Authorities began an investigation into the Bryans and their company in late 2008, after the JTF received complaints that Newton Contracting was misclassifying part of its workforce. The Attorney General’s Office also received a complaint that Newton Contracting had misclassified its roofing employees as laborers at the Suffolk County Jail Project and consequently failed to pay their employees the prevailing wage rate.
The EOLWD’s Division of Unemployment Assistance (EOLWD\DUA) conducted a compliance audit of Newton Contracting’s payroll records in early 2009. The EOLWD\DUA determined that Newton Contracting misclassified multiple employees as independent contractors and consequently failed to disclose to the EOLWD\DUA more than $2.4 million in misclassified subcontractor payroll for each quarter during 2006 through 2008. The EOLWD\DUA assessed more than $52,000 in additional unemployment contributions, including interest, against Newton Contracting.
During this time the IFB began an investigation of four of Newton Contracting’s worker’s compensation policies covering July 1, 2005, through July 1, 2009. The IFB discovered that the company allegedly misclassified half of its workforce as subcontractors. The IFB’s investigation further revealed that during its annual workers comp audits, Shaun Bryan allegedly failed to disclose to the auditor more than $3.4 million of Newton Contracting’s misclassified subcontractor payroll over the course of four policy periods.
The AG’s Fair Labor Division received a complaint that in 2009 Newton Contracting’s employees performing roofing work at the Suffolk County Jail Project were misclassified as laborers. The prevailing wage rate for roofing work was $53.86. Newton Contracting paid the workers $44.10 hour. In 2010, Newton Contracting paid two employees more than $5,000 in restitution for the misclassification and consequent failure to pay the prevailing wage violation.
A Suffolk County Grand Jury returned indictments against all three defendants on Dec. 19. The defendants were arraigned in Suffolk Superior Court where each pleaded not guilty and were released on personal recognizance.(WCxKit)
The defendants were to be in court Jan. 6, 2012 for further proceedings.
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.
A rare prosecution involving a small Ontario (Canada) town's volunteer fire department has ignited concern among firefighters that legal hazards may now be among the dangers they must deal with in responding to emergencies, according to a report from The Canadian Press.
The case is the result of an early morning restaurant fire when volunteer firefighters arrived to the frantic screams of a woman claiming her boyfriend was trapped in the apartment upstairs. (WCxKit)
A pair of firefighters from Meaford entered the building. One finished his shift at another job the evening before and went inside. As the building burned, one of them ''lost air,'' although it has not been determined why.
In the ensuing mayhem, they were unable to get out and, with one near death, had to be rescued by colleagues.
The department is now on trial on a trio of charges the provincial Ministry of Labour laid under the Occupational Health and Safety Act.
In essence, the ministry asserts that Meaford did not take reasonable measures to ensure the safety of the duo.
Now that the prosecution has made its case in Ontario court in Owen Sound, Ont., the defense was set to call for the judge to throw the case out for lack of evidence. A decision was under review.
The defense argues the safety guidelines Meaford allegedly failed to follow are not legally binding, and says the ministry gave a no-prosecution promise at the start of the investigation.
More than 3,000 communities across Canada rely on volunteers to drop what they are doing and rush to a fire or rescue scene. In most cases, they get an honorarium that ranges from around $14 to $35 an hour when dealing with what can be high-risk scenes. (WCxKit)
Without the resources and full-time professional firefighters of larger centers – there are fewer than 100 of those in the country, smaller departments may have difficulty accessing training, equipment and manpower.
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.
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