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March 2003
State: Florida
Area of Interest: Southwest Florida Drywall Company Fined
$361,000
The state’s Division of Workers’ Compensation has fined
a Naples drywall contractor more than $361,000 for failing to provide
workers’ compensation coverage for new employees, Chief Financial
Officer Tom Gallagher announced.
A workers’ compensation investigator found that David Casman
and Joan Veltre, owners of Gulf Coast Drywall & Stucco, Inc.,
located at 17252 Alico Center Road, Ft. Myers, failed to add six
workers to their payroll before allowing them to work on a job site
in Naples.
Casman and Veltre used an employee leasing company to run payroll
for Gulf Coast Drywall & Stucco, Inc. and to provide workers’
compensation insurance coverage to their leased employees. The investigator
discovered Casman and Veltre failed to report the new workers to
the leasing company, thus denying all six men any workers’
compensation insurance coverage. Casman and Veltre told the investigator
they did not know they had to add the men on the payroll prior to
putting them to work on the job site.
Source: State of Florida
State: Washington
Area of Interest: Kreidler Decries Employee Deaths as Corporate
Investment Strategy
Corporate-owned life insurance policies – commonly known as
“dead peasants insurance” or “janitors insurance”
– face tough new consumer protections under a bill moving
through the Legislature at the request of Insurance Commissioner
Mike Kreidler.
Washington law currently limits an employer's ability to take out
insurance on only key employees that are vital to the company where
they have a clear insurable interest. House Bill 1230 and its companion
Senate Bill 5393 would require the company to notify all currently
insured employees and to get written consent for future policies.
Source: State of Washington
State: California
Area of Interest: Increase in Minimum Civil Penalty for
Failing to Report Fatality or Serious Injury or Serious Illness.
Effective January 1, 2003 the minimum civil penalty has been increased
to $5,000.00 for failure to report a fatality or serious injury
or illness to the Division as required by section 342 of Title 8
of the California Code of Regulations. Only the amount of the penalty
has been changed, not the reporting requirements. For your information
the following is a summary of the reporting requirements:
Employers Reporting Responsibilities
to CAL/OSHA Pertaining to On-The-Job
Injuries and Illnesses
Incidents requiring reporting to the Division within 8 hours:
- Fatal injury to an employee
- Serious injury or illness to employee
A serious injury or illness is defined as:
- Loss of a member of the body (e.g., amputation); or
- Serious degree of permanent disfigurement (e.g., crushing
or severe burn type injuries); or
- In-patient hospitalization in excess of 24 hours for other
than observation,
Employers are not required to report any injury or illness or death
caused by an accident on a public street or highway, or by the commission
of a Penal Code violation, except a violation of section 385 of
the Penal Code.
If a fatal or serious injury or illness to an employee occurs the
employer must report by telephone or fax to the nearest district
office of the Division (refer to Cal/OSHA poster) not longer than
8 hours after the employer knows or with diligent inquiry would
have known of the incident. If the employer can demonstrate that
exigent circumstances exist the time frame for the report may be
made no longer than 24 hours after the incident.
Information required to be reported to the Division:
- Time and date of accident.
- Employer’s name, address and telephone number.
- Name and job title, or badge number of person reporting the accident.
- Address of site of accident or event.
- Name of person to contact at site of accident.
- Name and address of injured employee(s).
- Nature of injury.
- Location where injured employee(s) was (were) moved to.
- List and identity of other law enforcement agencies present at
the site of accident.
- Description of accident and whether the accident scene or instrumentality
has been altered.
Source: State of California
State: Washington
Area of Interest: Governor Offers Cash to Stop Ergonomics
Rule Repeal
In an attempt to stop a vote in the state Senate, Governor Gary
Locke issued a directive that would provide grants up to $5,000
to small businesses to assist them in compliance with the new ergonomics
standard. The directive also created a small ergonomics task force
and an ergonomics enforcement review board. These groups will aide
small businesses in complying with the ergonomics rule and also
decide if small businesses can afford to comply with the state’s
ergonomics regulations.
Source: Ergoweb.com/Seattle Times
State: New York
Area of Interest: Albany Area Attorney Arrested for Insurance
Fraud
Superintendent of Insurance Gregory V. Serio and Albany County
District Attorney Paul Clyne announced the arrest of Leonard Krouner
Esq., 55, of Loudonville, New York, for fraudulently obtaining disability
benefits. He surrendered himself on Tuesday, February 11, 2003 to
Albany City Court and was charged with Insurance Fraud in the Second
degree, two counts of Grand Larceny in the fourth degree, two Counts
of Insurance Fraud in the fourth Degree, three Counts Falsifying
Business Records in the First Degree and three Counts of Workers
Compensation Fraud.
It is alleged that Mr. Krouner claimed to be too disabled to work
due to a bad back and fraudulently obtained $92,666.74 from UNUM
Provident Corporation, $3,000 from CNA Insurance and $1,575 from
Combined Life Insurance Company of New York. The investigation revealed
that Mr. Krouner was actually outside counsel for a Connecticut
Company called PHIBRO in Westport, Connecticut, doing appellate
work for various law firms across the state and employed as a lawyer
by numerous private citizens. In addition, he was an Impartial Hearing
Officer for 26 different School Districts.
Source: State of New York
Area of Interest: OSHA Identifies Workplaces With Highest
Injury And Illness Rates
The Occupational Safety and Health Administration is alerting 14,200
employers across the country that their injury and illness rates
are higher than average and encouraged them to take steps to reduce
hazards and protect their workers. This year marks the first time
the construction industry was included in the notification.
OSHA identified establishments with the nation's highest lost workday
injury and illness rates based on data reported by 93,000 employers
surveyed by the agency last year (that survey collected injury and
illness data from calendar year 2001). This was the first year the
data collection initiative included the construction industry (13,000
construction employers were surveyed). Workplaces receiving the
alert letters had six or more injuries or illnesses resulting in
lost workdays or restricted activity for every 100 full-time workers.
Nationwide, the average U.S. workplace had just under three lost-time
instances for every 100 workers. OSHA identified establishments
with the nation's highest lost workday injury and illness rates
based on data reported by 93,000 employers surveyed by the agency
last year (that survey collected injury and illness data from calendar
year 2001). This was the first year the data collection initiative
included the construction industry (13,000 construction employers
were surveyed). Workplaces receiving the alert letters had six or
more injuries or illnesses resulting in lost workdays or restricted
activity for every 100 full-time workers. Nationwide, the average
U.S. workplace had just under three lost-time instances for every
100 workers.
Source: Occupational Safety and Health Administration
State: Georgia
Area of Interest: Oxendine Urges Georgia Fire Chiefs to
Check Night Club Safety
Prompted by recent tragedies in clubs in Chicago, Illinois and
West Warwick,
Rhode Island, Insurance and Safety Fire Commissioner John W. Oxendine
has issued a letter to all Georgia fire protection personnel reminding
them of critical safety points to be considered when inspecting
places of public assembly.
In his letter, Oxendine pointed out vital safety concerns in five
areas including
public access, extinguishing systems, exits, electrical systems,
and interior construction standards.
Source: State of Georgia
Area of Interest: American Apparel and Footwear Association
Forms Alliance with OSHA
A new Alliance was signed between the Occupational Safety and Health
Administration and the American Apparel and Footwear Association
to help reduce workplace injuries and illnesses in the industry,
with a particular focus on ergonomics.
Safe and healthful working conditions for the apparel and footwear
industry is the goal of the Alliance and one means to achieve that
end is to provide the association's members with training on ergonomics
techniques, program structure and specific applications as they
apply to the industry. OSHA and AAFA will reach out to members who
may benefit from mentoring or guidance in developing, implementing
or improving already-existing ergonomic programs.
Source: Occupational Safety and Health Administration
State: Ohio
Area of Interest: Director Womer Benjamin Releases
"Top 10 Insurance Fraud" List
Ohio Insurance Director Ann Womer Benjamin released the Department’s
annual “Top 10 Insurance Fraud” list, noting that the
agency had posted a dramatic increase in the number of completed
cases, criminal indictments, and convictions.
- Company Defrauded Investors of More Than $105 Million In Viatical
Fraud.
- Investigation Leads to Sentencing of Fake World Trade Death Claimant
- Dayton-Area Billing Scam Uncovered
- Over-Billing Scheme Thousands for Chiropractor
- Licking County Arson for Hire Ring Untangled
- License Revocations of Indicted Securities Dealer and Associate
Pending
- Theft Leads to Felony Conviction
- Agent Rips Off Consumers in Annuity Scam
- Dishonest Agent Swindles 23 Trusting Clients
- Forged Checks Cost Agent His License
Details of these cases can be found at http://www.ohioinsurance.gov/Newsroom/scripts/Release.asp?ReleaseID=1343
Source: State of Ohio
Area of Interest: Federal Transit Administration Launches
Emergency Preparedness Forum in San Diego, CA
SAN DIEGO, CA—Jennifer L. Dorn, Administrator
of the Federal Transit Administration (FTA), will open its "Connecting
Communities: Emergency Preparedness and Security Forum" in
San Diego on Feb. 26 - 27. The forums were created to help communities
become better prepared to respond to emergency situations.
Using the successful evacuation of the transit stations below the
World Trade Center as a benchmark, the goal of the forums is to
demonstrate the important role that transit plays in crisis situations
and the importance of delivering a coordinated regional response
to any emergency. Participating transit agencies will work with
regional emergency responders to determine the effectiveness of
interagency response plans for the San Diego region.
Source: Department of Transportation
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