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Do you have to assume workers don’t have common sense?


October 29, 2009 by Fred Hosier
Posted in: In this week's e-newsletter, Injuries, Latest News & Views, Safety training, Workers' comp, new court decision

Imagine this. A machine in your workplace has a sharp blade that chops things. Do you really have to tell employees not to stick their hands near the blade when the machine is running?

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Can she really just sit at home and collect comp?


October 16, 2009 by Fred Hosier
Posted in: Injuries, Special Report, Workers' comp, cost of safety, new court decision

comp-costs

In some states, when workers are placed on permanent partial disability, it’s expected that injured employees will make a “good-faith effort” to find alternate employment they can perform. However, one state court just found a reason to overturn that 15-year precedent and allow a worker to keep collecting.

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Employee injured at gym: Why was it covered by workers’ comp?


October 2, 2009 by Fred Hosier
Posted in: Bizarre Accident of the Week, Injuries, Special Report, Workers' comp, new court decision

Aerobics

If one of your employees was injured in an exercise class, you wouldn’t expect that to be covered by workers’ comp. But that’s not how one court saw it.

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Was this employee’s death work-related?


October 2, 2009 by Fred Hosier
Posted in: Compliance, Fatality, In this week's e-newsletter, Latest News & Views, OSHA news, Who Got Fined and Why?, new court decision

Imagine this: Someone finds one of your employees on the ground, conscious but incoherent, in your company’s parking lot. He dies two days later in the hospital. Cause: blunt trauma to his head. Is this death reportable to OSHA?

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Jury awards millions to family of man killed on the job


September 29, 2009 by Fred Hosier
Posted in: Fatality, In this week's e-newsletter, Latest News & Views, Workers' comp, construction safety, contractor safety, cost of safety, new court decision

A jury in Illinois has awarded the family of a worker $6.74 million after he died at an Archer Daniels Midland plant in 2007.

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Is violent worker protected from firing by disability law?


September 18, 2009 by Fred Hosier
Posted in: Special Report, Worker health, disabilities and safety, new court decision

handicap

A diabetic employee can’t control his hypoglycemic episodes. In recent episodes, he’s become disoriented around dangerous equipment and threatened violence against co-workers. Can you fire him for safety reasons, or is he protected under disability law?

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Worker ruptures tendon climbing into truck and applies for comp


September 11, 2009 by Fred Hosier
Posted in: Bizarre Accident of the Week, Injuries, Special Report, Transportation safety, What do you think?, Workers' comp, new court decision

truck

Workers’ comp boards and courts draw a fine line between what is and what isn’t a work-related injury that qualifies for benefits. See if you can guess how the court ruled in this case:

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Doc orders weight-loss surgery: Will workers’ comp cover it?


September 4, 2009 by Fred Hosier
Posted in: Injuries, Special Report, What do you think?, Worker health, new court decision

comp-costs

Imagine this: An employee, who happens to be morbidly obese, is injured at work. Doctors say, before he has surgery to correct the workplace injury, he needs weight-loss surgery.

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Fired for safety violation or racial discrimination?


August 14, 2009 by Fred Hosier
Posted in: Electrical safety, In this week's e-newsletter, Latest News & Views, lockout/tagout, new court decision

Have you ever fired someone for violating a company safety rule? In this case, a company did just that and then found itself in court on a charge of racial discrimination.

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Was he fired for safety violation or racial discrimination?


August 14, 2009 by Fred Hosier
Posted in: Electrical safety, Lawsuits, Special Report, lockout/tagout, new court decision

lockout-tagout2

Have you ever fired someone for violating a company safety rule? In this case, a company did just that and then found itself in court on a charge of racial discrimination.

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Now more employees have to be watched while urinating for drug tests


August 7, 2009 by Fred Hosier
Posted in: Alcohol/drugs, Compliance, In this week's e-newsletter, Latest News & Views, New rules and regulations, Transportation safety, new court decision

The Transportation Department will require direct observation collections for all return-to-duty and follow-up drug tests for transportation workers in safety-sensitive jobs.

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Employer surveillance ‘harmed’ employee, says court


August 2, 2009 by Jim Burger
Posted in: In this week's e-newsletter, Latest News & Views, Workers' comp, new court decision

Have you ever been suspicious of a workers’ comp claim? Be careful. A recent ruling appears to draw an important — and, in this case, expensive — distinction between “reasonable” and what you might call “reflexive” suspicion.

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Employer surveillance ‘harmed’ employee, court awards 1 million


July 31, 2009 by Jim Burger
Posted in: Lawsuits, Special Report, Workers' comp, new court decision

jury-box2

Have you ever been suspicious of a workers’ comp claim? Be careful. A recent ruling appears to draw an important — and, in this case, extremely expensive — distinction between “reasonable” and what you might call “reflexive” suspicion.

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Worker hurt in off-duty exercise class — why company had to pay


July 24, 2009 by Jim Burger
Posted in: Injuries, Lawsuits, Special Report, Workers' comp, new court decision

exercise

You hear it all the time: Sedentary, overweight and out-of-shape employees can be a huge drain when it comes to health insurance, workers’ comp and other costs. Whip ‘em into shape and you’ll save, save, save!

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Three huge settlements for workplace injuries to illegal immigrants


July 21, 2009 by Fred Hosier
Posted in: In this week's e-newsletter, Injuries, Latest News & Views, construction safety, cost of safety, new court decision

In the last two weeks, three undocumented workers have reached settlements totaling $3.85 million for workplace accidents in New York.

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Court: Providing materials to build scaffold not good enough


July 13, 2009 by Fred Hosier
Posted in: Falls, In this week's e-newsletter, Injuries, Latest News & Views, construction safety, cost of safety, new court decision

Expecting an employee to construct a proper scaffold from materials and tools available at a worksite violates state labor law, according to a New York state court.

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Court complicates payment for donning and doffing safety gear


July 10, 2009 by Fred Hosier
Posted in: In this week's e-newsletter, Latest News & Views, PPE (protective equipment), new court decision

A new federal court ruling further complicates whether you have to pay employees for the time they spend putting on and taking off safety gear. This recent ruling is a split decision for employers.

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Court complicates payment for donning and doffing safety gear


July 10, 2009 by Fred Hosier
Posted in: PPE (protective equipment), Special Report, new court decision

hard-hats-not-worn

A new federal court ruling further complicates whether you have to pay employees for the time they spend putting on and taking off safety gear. This recent ruling is a split decision for employers.

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Court: Fire escape is same as scaffold


June 26, 2009 by Fred Hosier
Posted in: Falls, In this week's e-newsletter, Injuries, Latest News & Views, construction safety, new court decision

When is a fire escape not a fire escape? When it’s a scaffold, according to a New York Court.

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When workers’ comp doesn’t apply: Company hit with huge jury award


April 23, 2009 by Fred Hosier
Posted in: Chemical safety, In this week's e-newsletter, Injuries, Latest News & Views, Workers' comp, new court decision

When employees get injured at work, they can’t sue because workers’ comp is their “exclusive remedy,” right? That’s not the case if a company is found to have intentionally allowed employees to be harmed, as this case shows.

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Plant manager sentenced to prison for safety and environmental violations


April 22, 2009 by Fred Hosier
Posted in: Fatality, In this week's e-newsletter, Injuries, Latest News & Views, OSHA news, criminal charges, new court decision

Although the Occupational Safety and Health Act doesn’t include provisions for criminal penalties, prosecutors will use environmental law to send managers to jail for violations.

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Was skin condition caused by work exposure?


March 31, 2009 by Fred Hosier
Posted in: In this week's e-newsletter, Injuries, Latest News & Views, Workers' comp, new court decision

Was an employee’s skin condition caused or simply aggravated by contact with chemicals at work? The distinction played an important part in this workers’ comp case.

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Did injured worker deserve lifetime income benefits?


March 27, 2009 by Fred Hosier
Posted in: Bizarre Accident of the Week, Special Report, Workers' comp, new court decision

who-got-fined2

What constitutes loss of use of feet and hands to qualify for permanent disability? A state court says it’s not necessary for employees to actually injure their feet or hands for that to be the case.

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Court upholds OSHA’s multi-employer fines policy


March 12, 2009 by Fred Hosier
Posted in: Falls, In this week's e-newsletter, Latest News & Views, OSHA news, new court decision

Now more than ever, it’s important for companies to clearly establish who is responsible for safety at multi-employer worksites.

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Hexavalent chromium PEL upheld, with one exception


February 27, 2009 by Fred Hosier
Posted in: Chemical safety, In this week's e-newsletter, Latest News & Views, OSHA news, new court decision

Companies won’t be facing a new, stricter permissible exposure limit (PEL) for hexavalent chromium.

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