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May 2004

Area of Interest: OSHA Announces Targeted Inspection Plan for 2004 -

Agency targets nearly 4,000 high-hazard worksites

The Occupational Safety and Health Administration announced today that its sitespecific targeting (SST) plan for 2004 will focus on approximately 4,000 highhazard worksites for unannounced comprehensive safety and health inspections over the coming year.

Over the past six years, OSHA has used a site-specific targeting inspection program based on injury and illness data. This year's program (SST-04) stems from the agency's Data Initiative for 2003, which surveyed approximately 80,000 employers to attain their injury and illness numbers for 2002.

This year's program is effective April 19 and will initially cover about 4,000 individual worksites on the primary list that reported 15 or more injuries or illnesses resulting in days away from work, restricted work activity, or job transfer for every 100 full-time workers (known as the DART rate). The primary list will also include sites based on a "Days Away from Work Injury and Illness" (DAFWII) rate of ten or higher (ten or more cases that involve days away from work per 100 full-time employees). Employers not on the primary list who reported DART rates of between 8.0 and 15.0, or DAFWII rates of between 4.0 and 10.0, will be placed on a secondary list for possible inspection. The average national DART rate in 2002 for private industry was 2.8, while the national average DAFWII rate was 1.6. OSHA will also inspect nursing homes or personal care facilities under this years' program. For the past two years, those workplaces were covered under a separate National Emphasis Program that addressed specific industry hazards. Those hazards, including ergonomic stressors relating to resident handling, bloodborne pathogens/ tuberculosis, and slips, trips and falls, will continue to be the primary focus of inspections in nursing and personal care facilities under SST-04.

The agency will again randomly select and inspect about 200 workplaces (with 200 or more employees) across the nation that reported low injury and illness rates for the purpose of reviewing the actual degree of compliance with OSHA requirements. These establishments are selected from those industries with above average DART and DAFWII rates. Finally, the agency will include on the primary list some establishments that did not respond to collection of both the 2001 and 2002 data.

Source: Occupational Safety and Health Administration

State: New York

Area of Interest: Former Commissioner of Syosset Fire District Arrested For Workers' Compensation Fraud

Superintendent of Insurance Gregory V. Serio and Nassau County District Attorney Denis Dillon today announced the arrest of Richard Meinhardt, 60, Commissioner of the Syosset Fire District, for submitting falsified documents in an attempt to obtain Firefighters Workers' Compensation benefits. Mr. Meinhardt was one of three volunteer fire department officials charged today with using his position to engage in fraud or theft. Superintendent Serio said, "The arrest today of Richard Meinhardt proves that any individual who seeks to obtain workers' compensation benefits fraudulently will be investigated, arrested and prosecuted to the fullest extent of the law. The Department remains committed to the strong collaborative fraud fighting efforts with the Nassau District Attorney's Office, the Nassau County Police Department and the New York State Workers'Compensation Board to ensure a fair market for honest insurance consumers.

In 1995, Meinhardt became injured while attending a Volunteer Firefighters Convention at Disney World on behalf of the Syosset Fire District. His injuries necessitated an operation, and because he was considered to be on duty at the time, was able to file a Volunteer Firefighter's Workers Compensation claim. However, Mr. Meinhardt was captured on film in March and September of 2003 loading furniture onto his pickup truck and at another time installing a window. It is alleged that Mr. Meinhardt returned two disability questionnaires to the Workers Compensation insurance carrier, denying any work activity.

Mr. Meinhardt is charged with Workers Compensation Fraud and Falsifying Business Records in the First Degree, both Class E Felonies punishable by up to 4 years in prison. He is to be arraigned today in First District Court, Hempstead. To see the District Attorney's statement visit

http://www.nassauda.org/dawebpage/pressreleases
/fire%20dept%20arrests%20alert.htm

Source: State of New York

State: New York

Area of Interest: OSHA Cites Schenectady Contractor Following Fatal Cave-In

A fatal cave-in at a Colonie, N.Y., jobsite has resulted in citations and $17,100 in fines against the deceased worker's employer from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA). JRP Enterprises, Inc., of 1540 Van Antwerp Rd. in Schenectady, was cited for three serious violations of the Occupational Safety and Health Act following an OSHA inspection initiated after a Nov. 25, 2003, cave-in. On that day, a JRP employee was killed when he was caught and buried in the collapse of an 11-foot-deep excavation on Harmony Court in Colonie.

OSHA's inspection found that the excavation lacked protective systems designed to prevent its collapse. In addition,JRP did not have a competent person on site with the knowledge and authority to identify and correct trenching hazards and the company also failed to properly train employees to recognize trenching hazards. JRP Enterprises, Inc., accepted the citations, agreed to correct all hazards and will pay a fine of $17,100.

Source: Occupational Safety and Health Administration

State: Texas

Area of Interest: Insurance Agency Accepts Fine, Reaches Settlement in Unlicensed Workers' Comp Case

The Texas Department of Insurance (TDI) recently imposed a $250,000 fine against a Houston insurance agency that marketed and sold workers' compensation insurance policies in violation of state insurance rules. The disciplinary action was filed against Brown & Brown Insurance Services of Texas, Inc., which signed a consent order and agreed to a settlement.

In violation of insurance rules, Brown & Brown communicated quotes, issued certificates, and collected premium for unlicensed entities and individuals. In addition, Brown & Brown acted as an agent for an authorized insurance company before being appointed by the company to serve as an agent. Brown & Brown has agreed to

cease these practices, compensate any injured workers for valid unpaid claims for benefits covered under the insurance policies in question, and pay the administrative fine. In addition and as part of the agreement, Brown & Brown will file regular reports documenting any written or verbal complaints and the amounts paid on each valid workplace injury claim.

Brown & Brown cooperated with TDI during the investigation. In addition, Brown & Brown directly incurred payments, costs and expenses well in excess of any fees or commissions earned as a result of the alleged conduct. Neither Brown & Brown nor TDI is aware of any injured worker with a valid workers' compensation claim (who will accept workers' compensation benefits) who has not been compensated.

Source: State of Texas

State: New Jersey

Area of Interest: New Partnership Will Enhance Safety of Highway Construction Workers in New Jersey

Protecting the safety and health of employees building an extension and making improvements to Route 18 in Piscataway, N.J. is the goal of a partnership between the Occupational Safety and Health Administration's Avenel,N.J. area office and Slattery Skanska, Inc., the general contractor.

OSHA safety and health partnerships are part of U.S. Labor Secretary Elaine L. Chao's ongoing efforts to improve the health and safety of workers through cooperative partnerships with trade associations, labor organizations and employers.

Other partners include the New Jersey Department of Transportation, and the New Jersey On-Site Safety Consultation Service, the Middlesex County Building and Construction Trades Council, and the New Jersey Regional Council of Carpenters. The partnership officially begins at a signing ceremony on April 1 at the New Jersey Work Zone Safety Conference in Trenton, New Jersey.

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