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January 2010

US Department of Labor's OSHA cites Walt Disney World following monorail collision and issues recommendation letter following actor's death

ORLANDO, Fla. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Walt Disney World for safety violations following the fatality of a monorail driver in July and issued a recommendation letter concerning the death of an actor during a stage production at the theme park in August.

In early July, one worker was killed when two monorail trains collided while switching tracks. One was holding while another was being removed from the loop and transferred to the express loop where it would travel to the maintenance shop. The command was given for the switching operation to move one train to the express loop, but switch beams eight and nine were not locked into position or energized. When one train traveled in reverse it remained on the loop and struck the other train, fatally injuring the operator.

Walt Disney World is being cited with a serious violation for not providing a place of employment free from recognized hazards that could cause death or serious harm by exposing employees to struck-by collision hazards.

During the monorail investigation, inspectors observed three violations unrelated to the fatality. Two repeat violations are being cited for exposing employees to fall hazards without fall protection and not providing educational training for monorail employees in the use of a portable fire extinguisher. A serious violation was found as well in which a drill press did not have a guard installed.

Additionally, on Aug. 8, an actor was fatally injured from injuries sustained during the Pirates of the Caribbean tutorial stage show when he hit a concrete wall on a new stage, which had opened in July. While no OSHA violations are being proposed for the incident, the agency is recommending that employees rehearse on new stages before their first live performance.

"With the monorail, Disney should have put procedures in place that would have prevented the fatal crash from occurring," said OSHA Assistant Secretary Dr. David Michaels. "Employers need to take effective and ongoing corrective action to protect the health and safety of their workers. In the case of the actor's death, OSHA feels that greater familiarity with the new stage might have changed the outcome."

OSHA has proposed a total of $44,000 in penalties against the company for the monorail incident, including a penalty of $7,000 for the serious violation related to the fatality, the maximum amount allowed for a serious citation.

Source: www.osha.gov

FISHING VIDEO USED IN ULSTER COUNTY MAN’S ARREST

Videotape showing an Ulster County man fishing waist deep in a running stream will be used as evidence against him when he is prosecuted for fraud in connection with collecting $35,000 in disability benefits.

Matthew W. Robbins, 48, of Church Street, Kerhonkson, is scheduled to appear in Kingston City Court on Tuesday. He was arrested Nov. 13 as the result of an investigation by the New York State Insurance Department’s Frauds Bureau and the New York State Insurance Fund.

Robbins claimed to have strained his back when picking up a water pump while working at a day camp. He collected disability benefits from the Insurance Fund for nearly 10 years and testified at two workers’ compensation hearings that the injury left him totally disabled and unable to work.

However, Joseph W. Kochetta Jr., of the Insurance Department’s Frauds Bureau, said investigators subsequently recorded videotape of Robbins while he was driving, power washing and repairing vehicles and fishing.

Robbins was charged with insurance fraud, committing fraudulent practices and workers’ compensation fraud. He could be sentenced to up to seven years in prison if convicted. He was released in his own recognizance pending his hearing.

Source: www.ins.state.ny.us

Cave-in hazard in downtown Boston trench leads to $33,700 in US Labor Department OSHA fines for Hyde Park, Mass., contractor

BRAINTREE, Mass. - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited P. Gioioso & Sons Inc. for alleged repeat and serious violations of excavation safety standards after an OSHA inspector observed three company employees working in an unprotected trench on Friend Street in Boston. The Hyde Park, Mass., contractor faces a total of $33,700 in proposed fines.

"An unprotected trench is a potential grave, since its sidewalls can collapse in an instant, crushing and burying workers before they have a chance to react or escape," said Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts. "Workers should never enter a trench until it is protected against cave-ins."

The OSHA inspector found that the nearly six-foot deep trench was not sloped at a shallow angle or otherwise protected against a potential collapse of its sidewalls onto the employees working within. OSHA previously had cited this employer in December 2006 for an unprotected excavation at a Worcester, Mass., jobsite.

Due to the previous violation, OSHA has now issued P. Gioioso & Sons Inc. one repeat citation, with a $28,000 fine, for this latest hazard. OSHA issues repeat citations when an employer has been previously cited for a substantially similar hazard and that citation has become final.

The contractor also has been issued two serious citations, with $5,700 in fines, for the absence of a ladder or other safe means to exit the trench and for not having the trench inspected by a competent person, one with the knowledge and authority to identify and correct hazards such as these. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

OSHA standards require that all trenches and excavations five feet or deeper must be protected against collapse. Detailed information about excavation hazards and safeguards is available online at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

Source: www.osha.gov

Commissioner Poizner Announces Canoga Park Man Sentenced to 8 Months in Jail for Stealing Tens of Thousands in Insurance Premiums

California Insurance Commissioner Steve Poizner today announced that Randy Jay Barrett, 41, of Canoga Park was sentenced to 240 days in jail and five years probation after pleading guilty to one count of felony grand theft. Barrett was also ordered to make restitution to his victim and a hearing will be held Jan. 11, 2010 to determine that amount.

"Insurance agents who play games with their customers' money and trust will ultimately lose," said Commissioner Poizner. "If you decide to break the law, CDI investigative teams will find you and help prosecute you. Crime never pays but you will pay if you do the crime."

A California Department of Insurance (CDI) investigation determined that between April 2002 and May 2006 Barrett collected insurance premiums totaling $160,491 for workers' compensation, liability and property coverage from his client, the manager of a card club located in Ventura. Barrett placed a portion of the coverage and refunded some of the monies, but left his client without workers' compensation insurance for the entire period. Barrett failed to refund $36,401.

The client, who had a friendship with Barrett, was unaware of the lack of coverage because Barrett reassured him that everything was in order. When the client went to another agency to purchase workers' compensation insurance, he learned he had not been covered and filed a complaint directly with CDI.

The case was referred to the Ventura County District Attorney in May of 2008, and after further investigation by the District Attorney's office and CDI, the criminal case was filed against Barrett on April 15, 2009, charging him with one count of grand theft by embezzlement. On May 6, 2009, due to the seriousness of the charges against him, CDI ordered Barrett from participating in the insurance business and his license has been revoked.

Source www.insurance.ca.gov

SARATOGA COUNTY COUPLE ARRESTED FOR CASHING DEAD FATHER'S CHECKS

A Saratoga County man and his wife were arrested Monday for cashing workers' compensation checks sent to the man's deceased father.

Police arrested Geoffrey Gabel, 40, and his wife, Kelly Gabel, 38, of North Second Street, Mechanicville, following an investigation by the New York State Insurance Department's Frauds Bureau.

The Gabels are accused of cashing checks totaling more than $13,000 that had been sent to Geoffrey Gabel's father following the father's death in September 2008. An investigation was begun after a routine check by Crum & Forster Indemnity Company, a workers' compensation insurer, revealed that the elder Gabel had died.

The Gables were charged with third degree grand larceny. They could be sentenced to up to seven years in prison if they are convicted. A hearing will be scheduled in Albany County Court.

Source: www.ins.state.ny.us

QUEENS WOMAN ARRESTED FOR FILING PHONY INSURANCE CLAIMS

A Queens woman faces up to seven years in prison if she is convicted on charges that she forged more than 50 insurance claims that she submitted to her health insurance company.

Regine Leconte, 33, of 48th Street, Long Island City, was arrested by the Special Prosecutions Division of the office of Queens District Attorney Richard A. Brown following an investigation by the New York State Insurance Department’s Frauds Bureau.

Investigators said Cigna Insurance Company paid Leconte $3,800 after she submitted the phony claims for health care treatments she never received. Leconte is accused of making up invoices that appeared similar to invoices for genuine treatments she received earlier and then faxing them to Cigna for payment.

Leconte was charged with grand larceny, forgery and insurance fraud.

Source: www.ins.state.ny.us

US Department of Labor's OSHA fines Newark, NJ, company more than $212,000 for workplace safety and health hazards

NEWARK, N.J. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Solid Waste Transfer & Recycling Inc. for alleged safety and health violations. Proposed penalties total $212,400.

OSHA initiated an inspection on June 3 as part of its proactive program targeting companies in industries with high injury and illness rates. As a result, the company has been issued citations for four willful violations with a penalty of $198,000 and six serious violations with a penalty of $14,400.

The willful violations address the company's failure to have an adequate lockout procedure and a lack of machine guards. OSHA defines a willful violation as one committed with plain indifference to, or intentional disregard for, employee safety and health.

The serious violations include blocked exits, inadequate energy control procedures, lack of training, failure to properly mark compressed gas cylinders and effectively close electrical box openings. A serious citation is issued when there is a substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

"Lockout procedures are designed to safeguard workers from the unexpected startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities," said Phil Peist, area director of OSHA's office in Parsippany, N.J. "It is imperative that the company correct the identified hazards to protect the safety and health of its workers."

"One means of helping ensure worker safety is for employers is to establish an effective safety and health management system through which they and their employees work together to proactively evaluate, identify and eliminate hazards before they result in injury or illness," said Robert Kulick, OSHA's regional administrator in New York.

Source: www.osha.gov

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