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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

September 2003

State: New York

Area of Interest: Department and Suffolk District Attorney’s Office Announce 85 indictments in No-Fault Insurance Fraud Scheme Initial Arrests May Lead to Largest No-Fault Insurance Fraud Scheme in New York State

Superintendent of Insurance Gregory V. Serio, along with Suffolk County District Attorney Thomas Spota and National Insurance Crime Bureau CEO Robert Bryant today at a press conference in Suffolk, announced the indictments of 85 physicians, psychologist, chiropractors, attorneys, medical clinic owners and others in the first stage of what may be the largest no-fault insurance fraud scheme ever prosecuted in New York State.

It is estimated that fraudulent no-fault insurance claims resulting from staged accidents amount to tens of millions of dollars a year in New York State, and hundreds of millions of dollars nationwide. Based on the evidence reviewed to date, the loss in this case is in the millions of dollars.

The alleged scheme is described as follows: owners and managers of medical clinics pay "runners," or recruiters, arrange automobile accidents and send individuals supposedly injured in the accidents to clinics for treatment. The runners recruit drivers to cause the accident and passengers to ride in the cars. Usually, multiple passengers are recruited to maximize the profit per accident. After the drivers pick up the passengers, potentially vulnerable drivers are targetted. The caused accidents involve cars occupied by innocent victims that are hit by defendants participating in the scheme, in addition to accidents involving cars owned or insured by members of the ring hitting each other.

Source: State of New York

State: Florida

Area of Interest: Police Officer Charged with Worker’s Compensation Fraud

An eleven-year veteran with the Sebastian Police Department was arrested today for allegedly lying about accepting additional employment while collecting workers’ compensation benefits due to on-the-job injuries.

While on continued no-work status, Dillon allegedly sought employment as a basketball coordinator for the Palm Bay Police Athletic League. Surveillance was conducted by fraud investigators showing Dillon at a middle school gym during one of the Athletic League games walking up and down bleachers, carrying boxes and mopping floors during time-outs.

Dillon later lied to investigators during a sworn deposition, saying he had not been employed while on no-work status.

Source: State of Florida

Area of Interest: OSHA Issues E-Tools for Young Workers

America's working teens have two new resources to help keep them safe on the job -- Teen Worker Safety in Restaurants and Youth in Agriculture -- the latest interactive web-based training tools unveiled today by OSHA. The new eTools located on OSHA's Teen Workers web site are part of the agency's contribution to the Department of Labor's initiative on young workers.

Eighty percent of U.S. teenagers work during their high school years. Of those, 52% will find jobs in the retail sector, which includes restaurants and fast food establishments. The Teen Worker Safety in Restaurants eTool highlights the most common hazards in these workplaces and offers safety and health suggestions, safety posters, and electronic links to educate young workers about safety on the job. Areas of focus include, serving, clean-up, drive-thru, cooking, food preparation, delivery, and worker rights and child labor laws.

The Youth in Agriculture eTool presents case studies that describe common hazards and offers potential teen safety solutions in such areas as farm equipment operations, confined spaces, and prevention of common injuries resulting from falls, electrocutions, and chemical exposures.

Source: Occupational Safety and Health Administration

State: Washington

Area of Interest: Change in Pesticide Regulations

The Department of Labor and Industries has begun this rule-making effort at the direction of the Washington State Supreme Court following a successful lawsuit by farm workers who were exposed to the hazard posed by organophosphate and N-methyl-carbamate cholinesterase-inhibiting pesticides. See Rios et.al. v. Department of Labor and Industries, 145 Wn.2d 483, 39 P3.d 961 (2002). The proposed rule would apply to all agriculture employers and workers covered by Chapter 296-307 WAC, which includes the pesticide Worker Protection Standard, WAC 296-307-107.
The new portion of the rule requires the employer to perform the following

  1. Maintain handling records for covered pesticides
  2. Implement a medical monitoring program
  3. Identify a physician or licensed health care professional
  4. Make cholinesterase testing available
  5. Respond to depressed cholinesterase levels
  6. Provide medical removal protection benefits
  7. Maintain records
  8. Provide training
  9. Implementation plan

Source: State of Washington

State: California

Area of Interest: CAL-OSHA Proposes/Makes Changes to Elevator, Respiratory Protection and Illumination of Highway Construction Projects

Elevator Safety

Changes were made to the elevator standard that specify construction and design requirements for pits, hoistways, hoistway enclosures, and related construction.

Date when rule become effective: 8/27/03

Respiratory Protection

Employees are now required to undergo a medical evaluation to determine if the employee is physical capable of wearing a respirator prior to completing fit testing or performing a task that requires the use of respiratory protection.

Date when rule become effective: 8/30/03

Night Time Illumination – Proposed Change

Changes to this standard increase the amount of illumination required during night time construction projects from 5 footcandles to 10 footcandles. The purpose of this standard is to increase the visibility of construction workers during night time hours.

Source: California Register

State: Washington

Area of Interest: L&I Responds to Building Industry Association of Washington Petition to Repeal Ergonomics Rule

In a letter written by Paul Trause Director of Labor and Industries to the Building Industry Association of Washington, L&I addresses each of the assertions made by BIAW about the State of Washington’s Ergonomics rule that is currently being implemented in the state of Washington.

These assertions include:

  1. The rule is a “one size fits all” approach that will not do what it was intended to do.
  2. The rule imposes unreasonable costs. The rule is too costly.
  3. The rule is not clear.
  4. The rule is no longer needed.
  5. The rule is not authorized. The agency has no authority to make this rule. The rule has never been clearly promulgated.
  6. The Department has applied the rule unequally. Large multinational corporations such as Wal-Mart have received “safe harbor” exemptions from the rule.
  7. The body of science related to musculoskeletal disorders does not support an ergonomics rule as written by the Department.

The complete document that outlines WISHA’s response to the BIAW assertions can be found at: http://www.lni.wa.gov/wisha/ergo/default.htm

Source: State of Washington

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