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December 2007 U.S. LABOR DEPARTMENT'S OSHA CITES QUEENS, N.Y., CONTRACTOR FOR CAVE-IN HAZARD AT BRONX, N.Y., JOBSITE TARRYTOWN, N.Y. -- A Queens-based contractor faces $30,850 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for a cave-in hazard at a Bronx jobsite. The construction company has been cited for alleged willful and serious violations of safety standards at a parking garage and commercial building under construction at 1250 Waters Place in the Bronx. An OSHA inspection found employees performing rebar and concrete formwork in a seven-foot, six-inch deep excavation that lacked any protection against collapse. The 110-foot-long excavation also lacked a safe means of egress for employees, and a pile of excavated spoils was located at its edge. Elsewhere on the jobsite, uncompleted stairs were used to access upper building levels and employees were not trained to recognize and avoid unsafe conditions. "This employer knew cave-in protection is required for all excavations five feet or deeper yet did not provide this vital and necessary safeguard," said Diana Cortez, OSHA's area director in Tarrytown, N.Y. "While it is fortunate that no cave-in occurred, the hazard was real and present. The walls of an unprotected excavation can collapse without warning, burying employees beneath tons of soil and debris before they can react or escape." OSHA consequently issued the firm one willful citation, with a proposed fine of $28,000, for the lack of cave-in protection, and four serious citations, with $2,850 in proposed fines, for the other conditions. The inspection was conducted by OSHA's Tarrytown Area Office (telephone 914-524-7510) under an emphasis program that identifies and targets for inspections construction projects in specific areas in Bronx, Westchester and Rockland counties. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. FXR has 15 business days from receipt of its citations to request and participate in an informal conference with OSHA or to contest them before the independent Occupational Safety and Health Review Commission. OSHA has posted a trenching "Quick Card," an interactive eTool and other detailed information on excavation safety on its Web site at www.osha.gov/SLTC/constructiontrenching/index.html to help employers understand how to comply with regulations and protect employees. Source:
www.osha.gov
INSURANCE COMMISSIONER STEVE POIZNER ANNOUNCES A 70% DECREASE IN INSURERS' WORKERS' COMP COSTS Due to a Historically Robust Workers’ Comp Market, Poizner Announces No Change to Pure Premium Rates SACRAMENTO - Insurance Commissioner Steve Poizner announced today that the workers' compensation insurance market is enjoying historically high profitability. The workers' compensation reforms of 2003 have resulted in dramatic decreases in costs and increases in profitability for insurers. Commissioner Poizner also determined that based upon his department's extensive review and analysis, there should be no change to the workers' compensation Pure Premium Rates. "It's great news that California's workers' compensation insurers are enjoying a robust market and extraordinary profitability," said Commissioner Poizner. "Costs to insurers have plummeted 70% since 2003. This represents a tremendous savings that should allow insurers to give businesses additional relief in the form of lower rates. It is clear that the runaway cost of claims to insurers has stabilized. This stability, coupled with a competitive marketplace, should allow insurers to lower premiums that I believe are still too high. Businesses must also benefit from the decrease in costs to the system. Based on my assessment of the current market, I have determined that there should be no change to the Pure Premium Rates." Twice each year the Commissioner assesses the state of the workers' compensation system and issues a pure premium advisory rate. While many insurers use this as a benchmark, they are not required to follow the recommendation. The actual rates charged to employers by insurers, as filed with the Department of Insurance, decreased by 55% since January 2003. Source
www.insurane.ca.gov
INSURANCE COMMISSIONER POIZNER ANNOUNCES TWO FORMER INSURANCE AGENTS BROUGHT TO JUSTICE FOR INSURANCE FRAUD SCHEMES SACRAMENTO ― Insurance Commissioner Steve Poizner announced today that thanks to the hard work of his California Department of Insurance (CDI) Investigation Division, two former insurance agents have been brought to justice. The first insurance agent was sentenced to twelve months in county jail, ordered to pay $225,000 in restitution and serve five years probation. She pled no contest to twenty-seven felony counts, including grand theft, grand theft by embezzlement, insurance fraud, forgery and transacting insurance without a valid certificate. The Santa Cruz County District Attorney's Office prosecuted this case. CDI launched an investigation that revealed the woman had issued fraudulent automobile insurance identification cards, homeowners certificates of insurance, and evidences of liability insurance to several customers. She also collected more than $700,000 in insurance premium payments from her victims and premium financing companies for which there was no existing insurance policies; and failed to remit the premium payments collected. A former employee of an insurance agency in Watsonville, she sold insurance policies to the agency's unsuspecting clients, collected their premium payments and issued them fraudulent certificates of insurance. She never placed coverage or forwarded the premiums she collected to the insurance companies. She used the insurance agency’s clients' personal and business information to apply for premium financing and then collected premiums from the finance companies and diverted the monies for her personal use. Insurance Commissioner Steve Poizner also announced today that another former insurance company employee has been brought to justice after repeatedly breaking the law. In July, the woman was arrested at her home in Fremont. She allegedly committed eight felony counts of grand theft and forgery. On October 22, 2007, the woman pleaded no contest to one felony count of grand theft, and was sentenced to serve seven days in Los Angeles County Jail, placed on 36 months of formal probation, ordered to perform 250 hours of community service, pay $220 in court fees and fines. During her August arraignment, she paid full restitution of $9,000 to the company, as well as $4,000 to the California Department of Insurance to cover investigative costs. The Los Angeles County District Attorney's Office prosecuted this case. In March 2004, CDI's launched an investigation after receiving a complaint that she allegedly altered claims records and claims checks, and issued settlement checks to herself. The investigation revealed that during a five month period, she defrauded the company of nearly $9,000. "I simply will not tolerate insurance agents who swindle California consumers out of their hard-earned money," said Commissioner Poizner. "Fraud perpetrators strain the overall rapport between agents and their clients, and hurt consumers and businesses alike. My Department continues to actively pursue these bad actors and will bring them to justice." Source
www.insurane.ca.gov
WHAT YOU NEED TO KNOW ABOUT INSURANCE BEFORE REACHING THE CAR RENTAL COUNTER Survey Reveals Confusion Among Consumers Regarding Rental Car Insurance A large percentage of U.S. consumers are confused about whether to buy insurance when renting a car, according to new research by the National Association of Insurance Commissioners (NAIC) and the New York State Insurance Department. In fact, many people purchase insurance at the rental counter without knowing whether their existing auto policies or credit card benefits already cover their needs. “When renting a car, many consumers purchase unnecessary insurance and end up wasting money. Meanwhile, other drivers inadvertently underinsure their rental car, placing themselves at risk,” said New York State Insurance Superintendent Eric Dinallo. “As travel increases around the holiday season, the New York State Insurance Department encourages consumers to investigate whether their existing auto insurance provides sufficient protection for car rental.” The New York State Insurance Department and the NAIC’s national survey of 632 consumers, conducted from Sept. 19-30, 2007, revealed these findings:
“Drivers should educate themselves before they reach the auto rental counter,” Dinallo said. “Carefully review your auto insurance policy and check with your credit card issuer about auto insurance benefits. Protect yourself and save money by taking a few precautions and asking the right questions.” Prior to renting a car, Dinallo recommends that renters ask the following questions:
The New York State Insurance Department’s Consumer Guide to Auto Insurance offers comprehensive information on auto insurance. This free booklet is available by calling the Department at 1-800-342-3736 or visiting the Department’s website at www.ins.state.ny.us. Car Rental Insurance Tips from the New York State Insurance Department and the NAIC’s Insure U Web Site
Get more information about the types of insurance products car rental companies tend to provide, as well as additional auto insurance information by visiting www.InsureUonline.org and the New York State Insurance Department’s website at www.ins.state.ny.us. You can also get extensive information, tips and considerations regarding life, health and home insurance by life stage. The entire site is available in Spanish at www.insureuonline.org/espanol. Source:
www.ins.state.ny.us
WEST SENECA, N.Y., CONTRACTOR FACES MORE THAN $51,000 IN U.S. LABOR DEPARTMENT OSHA FINES FOR CAVE-IN HAZARD AT CLARENCE, N.Y., JOBSITE BUFFALO, N.Y. -- A West Seneca, N.Y.–based contractor, faces $51,700 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) following the discovery of an unguarded trench at a Clarence, N.Y., worksite. On July 31, an OSHA inspector, passing by a water line excavation and observing an apparently unprotected trench, opened an immediate inspection. OSHA found an employee working in a six-foot six-inch deep trench with near vertical walls that lacked adequate protection against a collapse of those walls onto the employees. OSHA standards require that employees working in excavations five feet or deeper be protected against cave-ins. Protection can include shoring walls, using a trench box or sloping walls at a shallow angle. "This employee was lucky that no cave-in occurred because unguarded trench walls can collapse instantly before anyone has a chance to react or escape," said Arthur Dube, OSHA's area director in Buffalo. "However, safety must never be a matter of luck. Required safeguards must be in place and in use at all times." As a result of OSHA's inspection, the company was issued one willful citation, with a proposed fine of $49,000, for lack of cave-in protection, and two serious citations, carrying $2,700 in proposed fines, for exposing employees to the hazard of rocks and stones falling from the trench's face and for providing an exit ladder of inadequate length. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. Excavation safety is an OSHA priority. Agency inspectors who observe excavation hazards can and will stop work and open inspections on the spot. To help employers understand how to comply with regulations and protect employees, OSHA has posted a trenching "Quick Card," an interactive eTool and other detailed information on excavation safety on its Web site at www.osha.gov/SLTC/constructiontrenching/index.html. The firm. has 15 business days from receipt of its citations to request and participate in an informal conference with OSHA or to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Buffalo Area Office (telephone 716-551-3053). Source:
www.osha.gov
ESCORT SERVICE OPERATOR TO BE SENTENCED FOR FRAUD An escort service operator who used female associates to stage auto accidents and collect on insurance claims faces 5 to 10 years in prison following his guilty plea Oct. 29 on two counts of felony insurance fraud. The escort service operator from Rochester, is scheduled to be sentenced by the judge on Nov. 27 in Monroe County Court. Indicted earlier this year, he is being held without bail in Monroe County Jail. He was arrested after an investigation revealed that he fraudulently collected more than $50,000 in insurance payments following 13 staged traffic accidents. Investigators charged that he staged some of the accidents by having associates intentionally crash rental trucks into his vehicles. They said other accidents occurred when he suddenly slammed on his brakes, causing unsuspecting drivers following him to crash into the rear of his car. He admitted that in one case he was driving his 1985 Cadillac when a vehicle driven by an escort hit it, as he had instructed her. “She rear-ended me and drove me into a tree,” he said. The investigation resulted from an insurance company’s discovery of a link between the individual and a woman who drove a U-Haul rental truck into his car in Henrietta, Monroe County. She was later identified as his girlfriend. The disposition of charges against her and two others is still pending. The investigation was supervised by Frauds Bureau Senior Investigator Gary Sullivan and included members of the Monroe County Auto Crimes Task Force. The Task Force is composed of investigators from the Monroe County District Attorney’s office, the Monroe County Sheriff’s Office, the New York State Police Auto Theft Unit, Rochester Police and the New York State Department of Motor Vehicles Criminal Investigation Unit. Source: www.ins.state.ny.us Older News...
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