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
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 Health and Safety Executive (HSE) recently released the report on the Inspection Project conducted in 2010 looking at compliance with, and the effectiveness of, the offshore Safety Representative regulations, "Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989", commonly referred to as SI971.
According to a report from HSE, the findings of the report show that significant numbers of 'duty holders' (Installation owners and or operators) are falling short of the mark and in a few cases are well below the standard expected. In particular, duty holders are found to be failing to properly consult workers on issues affecting health and safety, a cornerstone to engaging and involving workers in health and safety matters. (WCxKit)
RMT Regional Organizer Jake Molloy noted, "We've had these regulations for 22 years now and for each and every one of those 22 years industry stakeholders have been speaking about ways of improving 'workforce involvement' in health and safety. What this report shows is the industry is fundamentally failing to involve workers in health and safety matters, as the most basic element in that process – consultation - is not occurring. It's clear the duty holders are either reluctant or unwilling to properly consult; after all they've had 22 years to get in the way of it! It's therefore time the Safety Reps were adequately equipped to fully engage with duty holders and compel them to consult with the workforce. To do this the scope of training for safety reps must be improved." (WCxKit)
In the "Conclusions" of the HSE report it states; "An area where DHs (Duty Holders) often failed to involve SRs (Safety reps) was in consultation. DHs should review their own practice on consultation to make sure they maximize the opportunities for SR involvement in decisions that affect health and safety."
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
For the second time in five years, public health advocates are seeking to have the Food and Drug Administration prohibit a fat-blocking drug sold over-the-counter and by prescription, noting new reports of kidney stones and pancreatic damage. Since
obesity is an epidemic in the U.S., and co-morbid conditions such as obesity can aggravate a workers comp injury, we note significant developments in related products.
According to an Associated Press report, Public Citizen filed a petition with the FDA recently to have the agency remove GlaxoSmithKline's Alli and Roche's Xenical from the market. Alli is sold over-the-counter while Xenical, a greater dose of the drug, is only available through a doctor's prescription. (WCxKit)
According to Public Citizen, it identified 47 instances of acute pancreatitis and 73 kidney stones among patients using the drugs. The reports were gathered from the FDA's public database of negative drug reactions.
Known chemically as orlistat, the drug works by prohibiting the absorption of approximately one-quarter of any fat consumed.
The drug has had its challenges, in part as a result of its unpleasant side effects, including oily, loose stools. Marketing materials for Alli clearly note the importance of maintaining meals under 15 grams of fat to avoid oily stools. Educational pamphlets even advise people begin the program when they have a few days off work, or to bring an extra pair of pants to the office.
Annual sales of Alli have dropped 42% to $84 million in 2010 since its initial unveiling in 2007. Prescriptions of Xenical have fallen to 110,000 last year from 2.6 million in fiscal year 2000, according to data from the FDA and IMS Health.
Last year the FDA added warnings to Xenical and Alli about a few notations of liver damage. (WCxKit)
Public Citizen filed a similar petition to ban the drug five years ago, due to scientific studies tying it to precancerous lesions in rats. That petition only applied to the prescription version Xenical, which has been available in the U.S. dating back to 1999.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
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 Louisiana woman has filed a cold therapy lawsuit against DeRoyal Industries, Inc., alleging that using one of the company’s devices led her to suffering permanent tissue damage injury.
The product liability lawsuit was filed by Toleda Rotolo in the U.S. District Court for the Eastern District of Louisiana earlier this month. (WCxKit)
Rotolo, who used a DeRoyal T505 cold therapy unit for her left knee from November 2009 to January 2010 claims the machine led her to suffer an injury that will necessitate extensive and ongoing medical care.
According to the lawsuit, the DeRoyal T505 Cold Therapy Unit (CTU) is a defective medical device, which can lead to tissue and nerve damage. Rotolo alleges that company released an unreasonably dangerous product and failed to provide adequate warnings for patients or health care professionals about the risk of cold therapy problems. She is seeking damages for pain, suffering, emotional distress, medical expenses, disfigurement and physical impairment.
The claim is one of an increasing number of lawsuits regarding cold therapy, or cryotherapy, that have been filed in courts throughout the United States, particularly involving issues with consumer-operated machines designed for home use.
The charges are much like a cold therapy lawsuit filed in April by another woman in Texas, who dealt with damage to her foot after using the DeRoyal T600. Cold therapy units are made to treat pain and swelling by exposing the injured areas to hours of heat and cold. The machines are designed to work in a variety of ways.
Cold therapy restricts blood flow to the injured area, slows down nerve impulses that tell you that you are in pain and also works as distraction pain, pulling the mind’s focus away from the injury to the sensation of cold.
However, there have been a number of reports of cold therapy problems associated with the devices, including frostbite, skin damage, nerve damage, and a risk of limb amputation. (WCxKit)
In addition to DeRoyal Cold Therapy Units, several similar products are available from different manufacturers, including DonJoy Iceman, BREG PolarCare, EBIce, Aircase Cryo Cuff, and Game Ready
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
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 Virginia jury has awarded $212 million to a man who alleged that side effects of Botox led to him to suffering brain damage.
According to Bloomberg News, the lawsuit was filed by 67 year-old Douglas Ray, who alleged that he was disabled by permanent brain damage after receiving Botox injections to treat writer’s cramp in his right hand. The complaint accused Allergan Inc., the manufacturer, of failing to warn about the risk of brain damage from Botox triggering an autoimmune reaction. (WCxKit)
In late April, a jury in the U.S. District Court for the Eastern District of Virginia in Richmond awarded Ray $12 million in compensatory damages and $200 million in punitive damages. However, Virginia tort reform laws will reportedly cap the punitive damages award at $350,000.
Botox, which includes limited quantities of the bacteria associated with the development of botulism poisoning, is approved for both cosmetic use to reduce the appearance of wrinkles in the skin and to treat medical conditions such as strabismus (crossed eyes), hyperhidrosis (excess sweating), cervical dystonia (involuntary contractions of the neck muscles) and blepharospasms (involuntary blinking of the eye). However, it also commonly used off-label at high doses to treat stiff and jerky movements associated with cerebral palsy in children.
A number of Botox problems have been reported among users, where the medication can spread from the area of the injection to other parts of the body. This can result in symptoms of botulism poisoning, such as paralysis, difficulty swallowing, respiratory distress and other issues. These Botox side effects have most commonly been seen among children with cerebral palsy, where the typical Botox dose is substantially larger.
In October 2010, Allergan pled guilty to charges of illegally marketing Botox and agreed to pay $600 million to settle the charges. (open-ended)
According to allegations raised in the lawsuit over Botox marketing, the company went as far as training doctors how to bill for unapproved uses and created a Botox Reimbursement Hotline to help doctors get reimbursed for using Botox in ways that have not been sanctioned by the FDA.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
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.
Israeli officials have said no to any further use of asbestos when it comes to construction in the country.
According to the Jerusalem Post, the Knesset Internal Affairs and Environment Committee recently approved the Asbestos Bill. The bill is expected to pass through the rest of the legislative process without trouble and go into effect come August. (WCxKit)
The bill would make it illegal to use asbestos in any form in Israel and would mandate the removal of present asbestos over the next decade, given asbestos fibers are a known carcinogenic.
A part of the bill deals specifically with the western Galilee, where the Eitanit factory produced asbestos for decades until its closing in 1997, and where fibers were used as part of construction in everything from homes to playgrounds. The company will pay half of the 300 million Israeli New Shekel expense for cleaning up the area.
Once the law becomes effective, violators can face fines up to 800,000 Israeli New Shekel, according to the criminal code.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
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 9th Circuit recently revived a lawsuit (Francisca Palomino Gutierrez, et al. v. Advanced Medical Optics, Inc., No. 09-55860, 9th Cir.) brought by several elderly Mexicans who allege they lost their eyes or were blinded by a California companys tainted surgical materials.
According to Courthouse News Service, while determining that a federal judge in Santa Ana, Calif., had properly dismissed the complaint and sent it to Mexico, the subsequent refusal of the Mexican courts to accept the case would "leave their horrific injuries wholly underdressed," the federal appeals panel in San Francisco ruled. (WCxKit)
Eight elderly residents of Monterrey, Nuevo Leon, Mexico claim they lost one of their eyes or were blinded in one eye after obtaining cataract surgery from a well-qualified Mexican surgeon. They allege that they contracted bacterial endophthalmitis from a defective product manufactured by defendant Advanced Medical Optics.
The suit claims surgeons use of Healon Viscoelastic product caused the plaintiffs eyes to run with puss and led them to fevers, nausea and vomiting. Three of the plaintiffs had to have an infected eye removed, while five others became blind in the infected eye.
"After the plaintiffs surgical complications occurred, unopened batches of defendants Healon product were tested and found to be infected with a virulent strain of bacteria that causes endophthalmitis," the ruling stated.
The plaintiffs sued Advanced Medical Optics in California, where the business is based. The company successfully petitioned to have the case thrown out after arguing that the Mexican courts were a more convenient forum.
While appealing the District Courts dismissal, the plaintiffs also filed their complaint in Mexico. The Mexican courts refused to take on jurisdiction.
In ruling on the plaintiffs appeal of the dismissal recently, the three-judge appeals panel stated that the District Court had every right to move the case to Mexico. The panel refused to leave the case there, however, stating that doing so would leave the plaintiffs without a court to make their plea. (WCxKit)
The panel claimed it was "persuaded by the reasoning of [its] sister circuits, and join[ed] them in holding that when intervening developments in a foreign jurisdiction, subsequent to a District Courts initial [forum] ruling, could leave plaintiffs without an available forum in which to bring their claims, it is appropriate to remand the matter back to the District Court so it can reconsider its decision based upon updated information," the ruling notes.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
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 New Jersey man who claims he suffered permanent heart damage after drinking the alcohol- and caffeine-laced Four Loko beverage has in turn sued the manufacturer.
According to the Associated Press, tire salesman Michael Mustica of Knowlton Township filed the lawsuit recently against Phusion Projects. (WCxKit)
The lawsuit, first noted by The Press of Atlantic City, states that during a visit to Atlantic City in October, Mustica consumed 2 1/2 cans of Four Loko, leading to heart arrhythmia.
Each can of Four Loko has 12 percent alcohol – the equivalent of three cans of beer.
A Phusion spokesman reports the company still maintains mixing alcohol and caffeine is safe.
Phusion agreed to remove caffeine from the drink in November following complaints from the Food and Drug Administration.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
Australia's federal work health and safety regulator, Comcare, recently launched Federal Court proceedings against the Australian Postal Corporation (Australia Post) in response to an incident at a Queensland mail delivery centre.
Comcare alleges that Australia Post contravened federal work health and safety laws by failing to take all reasonably practicable steps to protect the health and safety of its employees and contractors in relation to matters over which it has control. The maximum penalty for this type of legislative breach by a body corporate is $242,000. (WCxKit)
The proceedings arise from an alleged incident in July 2008 at Queensland mail delivery centre where a contractor involved in loading mail was run over by a forklift. As a result of being run over the contractor received severe crush injuries to the right leg, which was later amputated at the knee.
A spokesperson for Comcare, Neil Quarmby, Work Health and Safety Group General Manager, said, “We are focused on working with employers and employees to prevent such safety incidents. However, where warranted, Comcare will take court action to enforce the need for appropriate safety systems to be put in place for the protection of workers.”
This is not the first court action commenced by Comcare against Australia Post for an alleged contravention of federal work health and safety laws. (WCxKit)
In June 2010, Comcare commenced separate proceedings against Australia Post in relation to unsafe postie bikes. That matter is still before the Federal Court.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2010 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 Quebec Employers Council (QEC) and the Fédération des chambres de commerce du Québec (FCCQ) recently presented the committee examining Quebecs occupational health and safety system with several recommendations to make the provinces system more efficient and less expensive.
The working group, chaired by Viateur Camiré, was established on behalf of the province's oh&s board, the Commission de la santé et de la sécurité du travail (CSST), in 2008. Its mandate is to hear submissions from stakeholders, with the goal of improving Quebecs oh&s system. (WCxKit)
The groups' proposal includes some 25 recommendations surrounding prevention, overpayment, return-to-work, medical assistance, preventive withdrawal and system management, according to a joint release.
Among their recommendations, they suggest that any employer with a work force greater than 50 should be obligated to create a joint health and safety committee, and that any employer with a work force greater than 20 be required to implement an oh&s action plan.
They also recommend that the CSST tighten its policies with regards to what they perceive as overpayment of injured workers.
The two groups suggest that for a disability greater than two weeks and as long as 180 days, a worker's income replacement indemnity should be based on an annual income loss history. Also, measures should be put in place to limit how much indemnity is paid when a worker goes into retirement, and for how long this should remain in place.
Surrounding return-to-work, both organizations argue that legislation should be amended to enable physicians to offer opinions on temporary or permanent limitations at each visit to better help the employer find suitable work for the worker.
In addition, a release from the CSN contends that the decreased claim rates are actually the result of underreporting by workers, which lowers the statistics considerably. (WCxKit)
Unsatisfied with the employers' recommendations, the CSN has made a number of its own demands, including 300 more CSST inspectors, more prudent financial management, better service for injured workers and "an insurance system more responsive to prevention and less on non-reporting of accidents and disputes."
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
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