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The Past is an Indication of Our Future

Thank you for reviewing company and industry highlights. If you would like additional information on the topics discussed, please feel free to contact us.

Company and Industry Highlights

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:

  1. Time and date of accident.

  2. Employer’s name, address and telephone number.

  3. Name and job title, or badge number of person reporting the accident.

  4. Address of site of accident or event.

  5. Name of person to contact at site of accident.

  6. Name and address of injured employee(s).

  7. Nature of injury.

  8. Location where injured employee(s) was (were) moved to.

  9. List and identity of other law enforcement agencies present at the site of accident.

  10. 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.

  1. Company Defrauded Investors of More Than $105 Million In Viatical Fraud.

  2. Investigation Leads to Sentencing of Fake World Trade Death Claimant

  3. Dayton-Area Billing Scam Uncovered

  4. Over-Billing Scheme Thousands for Chiropractor

  5. Licking County Arson for Hire Ring Untangled

  6. License Revocations of Indicted Securities Dealer and Associate Pending

  7. Theft Leads to Felony Conviction

  8. Agent Rips Off Consumers in Annuity Scam

  9. Dishonest Agent Swindles 23 Trusting Clients

  10. 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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