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April – May 2008
MAINE AND NEW
HAMPSHIRE CONTRACTORS CITED BY U.S. LABOR DEPARTMENT'S OSHA FOLLOWING
ELECTROCUTION DEATH AT HERMON, MAINE JOBSITE
BANGOR, Maine -- The
U.S. Department of Labor's Occupational Safety and Health
Administration (OSHA) has cited two contractors – a carpentry
contractor and an equipment contractor - for 15 alleged violations of
safety standards following the electrocution death of an employee at
a Hermon, Maine, residential construction site.
On Sept. 12, 2007, a
crane contacted an energized 7,200 volt overhead power line as two
carpentry employees were attempting to attach the crane's rigging
equipment to a section of a modular home that was being constructed.
One of the employees was killed and the other seriously injured by
the electric current.
OSHA's inspection found
that the crane was being operated within 10 feet of the power line,
which had not been de-energized beforehand, as required. The two
contractors face a combined total of $121,500 in proposed fines.
"The basic
safeguards designed to prevent just this sort of accident were
ignored here, with fatal results," said William Coffin, OSHA's
area director for Maine. "De-energizing the power line and
maintaining a safe working distance from it would have prevented this
death and injury."
The carpentry
contractor, for whom the employees worked, was issued two willful
citations for allowing employees to work in close proximity to the
energized power line and for not protecting employees against fall
hazards. OSHA also issued the company four serious citations for a
lack of onsite medical attention; absence of hardhats and electrical
warning signs; and ladder hazards. The company faces a total of
$32,000 in proposed fines for these conditions.
The equipment
contractor, which owned and operated the crane, has been issued three
repeat citations for operating the crane in high winds, inadequate
support for the crane's outriggers, and not inspecting the jobsite to
identify and correct these and other hazards. OSHA had cited the
company in May 2005 for similar hazards at a Freeport, Maine,
jobsite.
They were also issued
six serious citations for operating the crane within 10 feet of the
power line; not operating the crane in accordance with the
manufacturer's specifications and industry standards; and lack of
fall protection, hardhats, onsite medical attention and an electrical
warning sign. They face a total of $89,500 in proposed fines for
these conditions.
Source:
www.osha.gov
INTERVIEWS AFTER
CRANE COLLAPSE FIND FEW RENTERS BUY TENANTS INSURANCE
Only two of 32 renters
interviewed by the New York State Insurance Department following last
month’s crane collapse on New York City’s East Side were
protected by tenants insurance.
That low number is
hardly surprising. Nationally, a 2006 survey by the Insurance
Research Council found that only 43 percent of all renters were
insured. In New York City, that percentage is believed to be
significantly lower because of the high cost of living.
“Renters insurance is
typically inexpensive and provides valuable protection when the
contents of a renter’s apartment are damaged or stolen. This type
of insurance may even protect a renter from liability when another
person is injured while in the renter’s home,” said Insurance
Superintendent Eric Dinallo.
Tenants insurance
protects against losses caused by such events as fires, lightning
strikes, windstorms or incidents of vandalism or theft. Even water
damage from a building’s plumbing is usually covered. In some
cases, the insurance will reimburse an insured individual for some of
the added expenses incurred when a person is forced out of a rental
property damaged by an event such as a fire.
Some renters may
believe – mistakenly – that their personal property is covered by
a building owner’s insurance. Others, like recent college
graduates, may be unaware of tenants insurance and some simply decide
not to buy it.
College students
residing in off-campus housing are encouraged to purchase tenants
insurance. College students residing on-campus and still considered a
dependent are generally covered under their parent’s homeowners’
insurance policy. Parents should, however, review their homeowner’s
policy to confirm that coverage exists for students living on-campus.
Depending upon the location of the parents’ home, coverage may be
limited and/or off-premises theft exclusions may need to be added
back onto a parent’s homeowners policy.
Tenants insurance is
relatively inexpensive, but premium rates can vary significantly
based on the insurer, coverage limits, deductibles and the property’s
location. Most policies place a cap on coverage for stolen or damaged
property, so people considering tenants insurance should verify the
limits of individual policies and buy higher limits, if needed. In
some cases, such as insuring fine jewelry or valuable artwork,
policyholders will often need either a rider or floater added to the
insurance policy.
Source:
www.ins.state.ny.us
ALBANY COUNTY WOMAN
CHARGED WITH INSURANCE FRAUD
An Albany County woman
was arrested March 25 for filing a false insurance claim in
connection with the reported theft of a $3,500 fur coat from her car,
the New York State Insurance Department reported.
The woman was arrested
by Investigator Thomas McNaughton of the Department’s Frauds
Bureau, assisted by the Albany Police Department. She was charged
with insurance fraud and falsely reporting an incident.
According to
McNaughton, an investigation was begun in December after she filed
the claim with her insurance company, New York Central Mutual.
McNaughton said the insurer was suspicious because the claim was one
of a series of insurance claims she had filed over the course of a
year.
The woman was never
paid for the claim involving the fur coat and investigators later
found it in her home. McNaughton said she gave investigators a
written statement in which she confessed to fabricating the insurance
claim. She was employed as a project manager by the New York State
Office of the Comptroller at the time she reported the coat stolen.
The case is being
prosecuted by the office of Albany County District Attorney P. David
Soares. If convicted, she could be sentenced to up to seven years in
prison. She was released on her own recognizance pending an April 11
hearing in Albany County Court.
Source:
www.ins.state.ny.us
FREIGHT COMPANY
CITED FOR SAFETY VIOLATIONS BY U.S. LABOR DEPARTMENT'S OSHA FOLLOWING
DEATH OF FORKLIFT OPERATOR AT MANCHESTER, N.H., DEPOT Michigan-based
delivery company also cited after similar 2003 accident in Texas
CONCORD, N.H. The U.S.
Department of Labor's Occupational Safety and Health Administration
(OSHA) has proposed a total of $119,500 in fines against an Ann
Arbor, Mich.-based delivery carrier, for alleged willful, repeat and
serious safety violations following an inspection at the company's
N.H., service center.
The inspection was
prompted by an Oct. 3, 2007, accident in which an employee died when
he was crushed beneath the forklift he was operating after it went
off the edge of a loading dock. OSHA's inspection found that the
employee had not been using the forklift's seatbelt, and the company
had not trained him and other forklift operators to follow the
manufacturer's guideline that seatbelts be used during operation.
"Manufacturer
guidelines require the use of seatbelts, and OSHA's powered
industrial truck standard mandates that employers train their
forklift operators to follow those guidelines," said Francis
Pagliuca, OSHA's acting area director for New Hampshire. "The
company repeatedly has refused to require forklift operators to use
seatbelts even though another employee died in a similar accident in
Dallas in 2003. This practice must change, or employees nationwide
continually will remain exposed to the dangers of fatal or disabling
injuries." For the lack of training, OSHA issued the firm one
willful citation, with the maximum proposed fine of $70,000. OSHA
defines a willful violation as one committed with plain indifference
to or intentional disregard for employee safety and health. The
company also was issued one repeat citation, with a $35,000 fine, for
allowing the forklift to be operated in a defective condition. OSHA
cited the company's Ill., facility for a similar hazard in May 2007.
In addition, OSHA
issued three serious citations, with $14,500 in fines, for the lack
of seatbelt use, not having the forklift maintain a safe distance
from the edges of the loading dock, and not marking aisles and
passageways for forklift use. OSHA defines a serious violation as a
condition that exists where there is a substantial possibility that
death or serious physical harm can result.
Source:
www.osha.gov
INSURANCE
COMMISSIONER POIZNER ANNOUNCES BAY AREA FRAUD SWEEP, NEARLY ONE DOZEN
FRAUD PERPETRATORS ARRESTED
CDI Investigation
Discovers $2 Million in Cell Phones Scammed from Fraudulent Insurance
Claims
SAN JOSE ― Insurance
Commissioner Steve Poizner today announced the arrests of nearly one
dozen alleged Bay Area fraud perpetrators. Eleven subjects were
arrested over the last week on numerous felony counts including
insurance fraud, identity theft, possession of stolen property, and
filing a false tax return. Wireless phone dealers, employees and
customers were arrested for their purported involvement in a $2
million insurance scam.
"When scam artists
cheat the system, everyone suffers," said Commissioner Poizner.
"Businesses that defraud insurance companies to earn an extra
dollar are not playing fairly and are undermining the integrity of a
free marketplace."
The California
Department of Insurance (CDI) Fraud Division, with assistance from
the California Highway Patrol and the Santa Clara County District
Attorney's Office, launched investigations into several Bay Area
cellular telephone stores in 2005 after insurance administrator
Asurion Corporation (previously lock/line) reported suspected
fraudulent claims. Asurion Corporation administers wireless
insurance protection plans which provide coverage for lost, stolen or
damaged wireless phones. The administrator provides a replacement
phone when an insurance claim is filed and approved.
Dealer fraud occurs
when a customer purchases a policy on a wireless phone to cover
against loss, theft or damage. After selling a wireless phone to a
customer, a store employee, associate, or owner will file a claim
with the insurance company for a lost or stolen phone. After the
insurance company sends a replacement cellular phone, the dealer
sells or gives away the replacement phone free to a new customer.
This scheme is often repeated on new wireless phone accounts, without
the original customer's knowledge that an insurance claim was made on
his or her account. CDI's investigation uncovered approximately two
million dollars worth of replacement wireless phones that were
shipped out by Asurion as a result of this fraud scheme. This
investigation continues and CDI expects to make more arrests.
Source
www.insurane.ca.gov
TROY RESTAURANT
OWNER CHARGED WITH GRAND LARCENY
The owner of a
restaurant and bar in Troy, NY was charged with grand larceny after
he was arrested Thursday for filing an allegedly false insurance
claim over the loss of $7,000 worth of food in a power outage.
The individual was
arrested by New York State Insurance Department Frauds Bureau
Investigator David J. Towne, assisted by State Police at Loudonville.
His arrest followed the
investigation of an insurance claim in which he said he lost food
products because of a power outage that affected his restaurant. He
was paid $5,000 after filing the claim with Selective Insurance and
National Grid Power Company. The investigation determined that he did
not lose any food because of the July 2007 power outage.
If convicted, he could
be sentenced to up to seven years in prison.
Source:
www.ins.state.ny.us
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