Tag: Workers Comp

The U.S. Occupational Safety and Health Administration said Tuesday it cited a poultry processing plant following the death of a 16-year-old sanitation worker at a Mississippi plant in July.

OSHA cited Gainesville, Georgia-based Mar-Jac Poultry MS LLC after the teen worker, on contract with Onin Staffing LLC, was pulled into a machine while sanitizing the still-energized equipment at a plant in Hattiesburg.

The business was cited for 14 serious violations and three other-than-serious violations and issued proposed penalties of $212,646.

OSHA said the company failed to ensure an energy control procedure included specific steps for blocking and securing portions of the machinery while workers conducted cleaning operations.

Mar-Jac Poultry was cited in May 2021 for a similar fatality.

The Department of Labor’s Wage and Hour Division opened a child labor investigation following the OSHA citation.

Mar-Jac Poultry, which operates facilities in Alabama, Georgia and Mississippi, has 15 business days to contest the citation and proposed penalties. 

 

 

The National Council on Compensation Insurance on Tuesday announced the release of NCCI Atlas, an online tool designed to give workers compensation stakeholders an easier way by which to view state and national industry information.

Users of the platform will be able to view state workers comp manual information by a single state, multiple states or all available states, and a Popular Topics page will offer quick access to frequently searched items.

NCCI Atlas enables users to access workers comp rates and loss costs, view content updates, and learn about current rules and future updates by state regulators.

The tool also has training modules and industry news.

 

 

A New York health center has agreed to pay $195,000 to an employee who was fired at the start of the COVID-19 pandemic after refusing to attend an in-person meeting over fears of contracting the virus.

The Occupational Safety and Health Administration said Friday that Staten Island-based Community Health Center of Richmond Inc. and its CEO, Henry Thompson, agreed to pay back wages and compensatory damages to the worker, who was suspended and subsequently terminated in April 2020 for “insubordination” for refusing to attend the in-person meeting.

The employee initially unilaterally changed the meeting to teleconference, but the CEO ordered it be held in a windowless conference room, OSHA said.

The employee filed a federal whistleblower complaint for being fired for reporting a hazardous work condition.

The company and CEO agreed to pay the former worker following litigation and mediation, OSHA said.

The company also agreed to expunge adverse employment records referencing the former employee, provide a neutral job reference for the fired worker, and inform current employees that they will not be discriminated against for engaging in protected activities. 

 

 

 

A New York health center has agreed to pay $195,000 to an employee who was fired at the start of the COVID-19 pandemic after refusing to attend an in-person meeting over fears of contracting the virus.

The Occupational Safety and Health Administration said Friday that Staten Island-based Community Health Center of Richmond Inc. and its CEO, Henry Thompson, agreed to pay back wages and compensatory damages to the worker, who was suspended and subsequently terminated in April 2020 for “insubordination” for refusing to attend the in-person meeting.

The employee initially unilaterally changed the meeting to teleconference, but the CEO ordered it be held in a windowless conference room, OSHA said.

The employee filed a federal whistleblower complaint for being fired for reporting a hazardous work condition.

The company and CEO agreed to pay the former worker following litigation and mediation, OSHA said.

The company also agreed to expunge adverse employment records referencing the former employee, provide a neutral job reference for the fired worker, and inform current employees that they will not be discriminated against for engaging in protected activities. 

 

 

 

 

 

Rhode Island lawmakers are considering amendments to the state’s existing post-traumatic stress disorder presumption for first responders to include those performing work off-duty.

S.B. 2059, introduced Friday and sent to the Finance Committee, states that events that occur “involving the protection or the rescue of human life while off-duty” would qualify as work when applying the state’s PTSD presumption.

The bill also states that benefits would not be extended to a police officer or firefighter if their “post-traumatic stress injury diagnosis arises out of any disciplinary action, work evaluation, job transfer, layoff, demotion, termination or similar adverse job actions.”

West Virginia lawmakers are considering a bill that would expand which professionals can diagnose a first responder with post-traumatic stress disorder.

H.B. 4698, introduced Monday and sent to the Committee on Fire Departments and Emergency Medical Services, then Health and Human Resources, then Finance, would eliminate language in the state’s statute on PTSD presumptions that states only a psychiatrist can diagnose the condition and adds “mental health provider” as among those who can diagnose.

The bill also stipulates that such a professional would need to be licensed and have at least a master’s degree. 

 

West Virginia lawmakers want to repeal state law that makes “prime contractors” liable for the failure of subcontractors to carry workers compensation coverage.

H.B. 4787, introduced Friday and sent to the Committee on Workforce Development, states that lead contractors would not be responsible for a subcontractor’s failure to “properly” make payments for workers comp coverage.

The state makes general contractors liable in amendments made in 1931. 

 

 

Virginia lawmakers are considering a bill that would provide employers a definition of occupational illness for workers who may be eligible for workers compensation.

S.B. 520, introduced Tuesday and referred to the Committee on Commerce and Labor, would further define occupational disease in the state’s workers compensation law to include “injuries or diseases from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations or noises.”

The bill also states that “repetitive and sustained physical stress is not required to have occurred over a particular period of time, so long as the period of time over which such physical stress occurred can be reasonably identified.”

Arizona lawmakers have pre-filed a bill that would expand the state’s post-traumatic stress disorder presumption to include dispatchers among those who would qualify.

H.B. 2492 would revise the state’s PTSD presumption bill to clarify who qualifies for benefits. It would replace the term “policemen” with “peace officers” and clarify that emergency medical technicians, paramedics, firefighters and “public safety telecommunicators” qualify.

The bill also would expand the list of PTSD-qualifying events to include using deadly force, witnessing death of another public safety employee, and being exposed to “a psychologically traumatic event or series of psychologically traumatic events.”  

 

Lawmakers in Rhode Island introduced legislation Thursday that would bar employers from discriminating against workers who assert their right to collect workers compensation benefits.

House Bill 7173 would amend the state’s workers compensation law to prohibit employers from firing, refusing to hire or otherwise discriminating against those who file workers comp claims after suffering a work-related injury.

Employers who violate the law would be liable to pay the injured worker’s lost wages and attorneys fees if the worker retains legal counsel.

Collective bargaining agreements would be unaffected by the change in law.

The measure was referred to the House Labor Committee.