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- Employer must face lawsuit after rescinding job offer over positive drug test
A federal judge on Tuesday ruled that a woman who uses marijuana for medicinal purposes in compliance with Connecticut’s marijuana law can sue an employer who rescinded a job offer after a positive pre-employment drug test. Click here to read more:
- Fall hazards net roofing contractor over $1.5 million in OSHA fines
A Florida roofing contractor faces penalties of more than $1.5 million for 14 workplace safety violations and has been placed in the U.S. Occupational Safety and Health Administration’s Severe Violator Enforcement Program due to high-gravity, willful, egregious violations related to fall hazards, the agency said Wednesday. Click here to read more:
- Mixed decision in Berkshire Hathaway workers comp policy case
A federal appeals court affirmed in part and reversed in part a district court decision involving a daycare that challenged a Berkshire Hathaway Inc. subsidiary’s insurance business practices related to a workers comp policy in the Commonwealth of Virginia. Minnieland Private Day School Inc., a private daycare based in Woodbridge, Virginia, entered a reinsurance participation agreement in 2013 with Berkshire Hathaway subsidiary Applied Underwriters Captive Risk Assurance Company Inc. According to the three-year agreement, one or more insurers, all of which were Berkshire Hathaway subsidiaries, would issue workers comp policies to the daycare. The agreement also established a “segregated protected cell” through which Minnieland would share the issuing insurers’ profits and losses related to Minnieland’s policies, according to court documents in Minnieland Private Day School Inc. vs. Applied Underwriters Captive Risk Assurance Company Inc. Click here to read more:
- EEOC sues company over shunning applicants based on age, comp claims
The U.S. Equal Employment Opportunity Commission has sued an Oklahoma-based oil and gas drilling company for declining to hire potential employees based on age or previous history of filing workers comp claims. Purcell, Oklahoma-based Horizontal Well Drillers violated the Age Discrimination in Employment Act and the Americans with Disabilities Act when it “engaged in a pattern or practice of failing to hire qualified job applicants for drilling rig positions because of their disabilities, perceived disabilities and/or record of disabilities as indicated by their workers compensation claim or disability pension history,” according to the lawsuit filed by the EEOC on Wednesday in the U.S. District Court for the Western District of Oklahoma. Click here to read more:
- Florida to Review Law That Puts Injured Undocumented Workers at Risk of Deportation
A Florida law targeting injured undocumented workers is set to undergo legislative review. Employers and insurance companies have been criticized for using the law to get such workers arrested, and even deported, in order to avoid paying workers’ compensation benefits. The law came into the spotlight following an investigation by ProPublica and NPR to evaluate its impact on undocumented workers. After examining 14 years of Florida insurance fraud statistics and court records, they found around 800 cases of undocumented workers being charged with fraud for using fake Social Security numbers to procure jobs, pursue workers’ compensation claims or both. Click here to read more:
- Florida Woman Convicted Of Federal Workers’ Compensation Fraud
This week, it was announced that a federal jury in Orlando, Florida had found a woman guilty of one count of theft of government funds and two counts of concealing a material fact in connection with the receipt of workers compensation benefits. 54-year-old Susan J. Gissy of Crystal River now faces a maximum penalty of ten years on the theft charge and up to five years on each of the concealment charges. The defendant is scheduled to be sentenced on March 5, 2017. Click here to read more:
- Tired workers increase safety risks
How much sleep are employees getting at night? Workplace safety experts are calling this one of the most frequently overlooked but critical questions to answer in employer safety programs due to rising fatigue risks. The Park Ridge, Illinois-based American Society of Safety Engineers is funding an ongoing study on fatigue through the University at Buffalo in Buffalo, New York. The study, which began in August 2015, is surveying what workers think about fatigue and whether they can recognize the signs in their everyday work life, according to researcher Lora Cavuoto, an assistant professor in the university’s Department of Industrial and System Engineering. Click here to read more:
- Hurricanes strain construction industry resources
Existing labor shortages could be exacerbated by the impact of hurricanes Harvey, Irma and Maria, while managing materials will be key as rebuilding efforts get underway, according to industry sources. Robust construction activity in Texas and Florida had already strained the regions’ labor supply, even before rebuilding efforts and even more demand loomed after the three hurricanes, sources said. Click here to read more:
- Harvey recovery likely to cause workplace safety risks
Recovering from Tropical Storm Harvey will be a dangerous process and can present multiple safety hazards to workers, according to experts. One of the biggest workplace safety risks will be employees completing unfamiliar tasks in the process of recovering from the storm, which made landfall on the Texas Gulf coast as a Category 4 hurricane. “You have all kinds of different hazards that recovery and response workers face,” said Jordan Barab, Washington D.C.-based former deputy assistant secretary at the U.S. Occupational Safety and Health Administration. “You have people working on the roof of houses, you have people working in the contaminated water, you’ve got confined spaces, you have people trying to deal with electrical outages, you have people trying to deal with fallen trees, heavy machinery. There is an uncountable number of hazard that can affect workers.” Click here to read more:
- Contract worker safety conundrum
The rise in the use of contract and temporary workers raises questions about who is responsible for their safety in the workplace. But employers who use these workers at their work sites would be unwise to assume that they can offload their responsibility to protect them from injury and illness simply because they are not directly employed by their companies, experts say. “I think that it’s attractive for a lot of companies to have outsourced labor, mainly because it creates a lot of savings for the company,” said Brian A. Richardson, Richmond, Virginia-based director of the litigation practice group at McCandlish Holton Click here to read more:
- Doctors keep dispensing despite reforms
States that enacted reforms to rein in the high cost of drugs dispensed by physicians to injured workers face an uphill battle as some doctors find loopholes in the regulations. These loopholes mean that workers compensation prescription costs remain stagnant or are rising in some states, leading to calls for additional restrictions on physician dispensing, experts say. Click here to read more:
- Workers comp renewal rates flat, slightly lower
Employers buying workers compensation coverage in early 2018 are typically seeing slight rate decreases or flat renewals as the competitive market place of the past several years continues, according to brokers. Improved underwriting results, abundant capacity and reforms in various states have kept a lid on increases for most accounts, they say. Click to read more:
