Tag: 2024 News

Despite increased efforts to reduce serious incidents and fatalities, or SIFs, in the workplace over the last few decades, the percentage of worker deaths has only fallen by about 15%, according to the Bureau of Labor Statistics. Recognizing the severity of this issue, the National Safety Council launched the Work to Zero initiative in 2019, with funding from the McElhattan Foundation, to help reverse this devastating trend through the use of technology.

This month, the National Safety Council Work to Zero initiative released a new white paper, Advancing Workplace Safety with Location Geofencing, to shed light on the transformative potential of this technology and how it can significantly reduce the risk of SIFs in various industries.

“Workers on active jobsites are often exposed to situations that pose a high risk for SIFs, including construction, vehicle-pedestrian interactions and heavy equipment operation,” said John Dony, vice president of workplace strategy at NSC. “Acknowledging how this is a major concern for workers across many industries, this report provides invaluable insights into leveraging location geofencing technology to mitigate risks and help ensure employee wellbeing, which is the ultimate goal of the Work to Zero initiative.”

Often integrated into existing safety technologies like proximity sensors, wearables and vehicle monitoring systems, location geofencing allows users to create virtual barriers around defined areas, such as construction sites or machine operating zones. This enables real-time monitoring and alerts when workers enter or leave designated zones, enhancing their safety. For example, when an object, like a worker or equipment, enters or exits the area, predetermined actions are triggered, such as logging the event, alerting workers of potential hazards, or disabling machinery.

Developed through a comprehensive literature review and collaboration with industry professionals, the white paper presents an in-depth exploration of location geofencing and its various use cases in safety-sensitive industries, such as construction, logging and forestry, manufacturing and utilities. Some key benefits identified were:

– – Risk mitigation: The technology serves as an effective risk mitigation tool by alerting workers and supervisors of potential hazards, improving situational awareness and enabling two-way communication for workers
– – Enhanced worksite visibility: Geofencing increases worksite visibility, enabling data-informed decisions for site planning and safety measures
– – Improved efficiency: Automation of safety processes reduces the need for continuous human supervision, optimizing resource allocation and safety management

While the report examines the benefits of location geofencing, additional research is needed to fully understand its effectiveness across many situations in the workplace. Some barriers to widespread adoption for employers include:

– – Privacy concerns: Worker concerns regarding data privacy and security must be addressed through transparent communication and strong data privacy policies
– – Resource investments: High initial capital and resource investments may hinder adoption, necessitating careful evaluation of the technology’s utility and integration capabilities
– – Technological limitations: Accuracy and reliability issues, as well as compatibility with existing systems, should be considered during the procurement process

This white paper builds on the NSC Work to Zero Safety Innovation Journey to help organizations assess risks, identify technology solutions and ready workplaces for implementation. Funded by the McElhattan Foundation, the Work to Zero initiative aims to eliminate workplace fatalities through the use of technology.

To learn more about creating a safer workplace,  register here to attend the Addressing Workplace Safety with Location Geofencing webinar on Wednesday, May 29.

This month, at Uber’s annual product event, GO-GET, Uber Health announced Uber Caregiver, a new solution designed specifically for caregivers and their loved ones. For the first time, beginning this summer, care-receivers will have the ability to add a caregiver to their Uber profile, empowering them to request and monitor rides and deliveries, as well as apply the care-receiver’s eligible health benefits to pay. The solution is designed to help patients maximize their ancillary healthcare benefits and to improve the care experience for caregivers and care-receivers alike.

More than one in five Americans – 53 million people – are caregivers. A growing subset of these caregivers are adults who care for their aging parents while raising their own children, holding a job, and balancing other household and family duties. Caregiving is demanding work, with responsibilities ranging from medication management, to assistance with daily activities, to administrative tasks like scheduling appointments, grocery shopping, and meal planning. About half of caregivers say the role has increased their emotional stress, and 39% say that they’re rarely or never relaxed. The logistical responsibilities of calling a health plan to determine benefit eligibility, deciding how to pay for an appointment or delivery, and submitting expenses for reimbursement add another layer of stress and complexity to the role. This can also contribute to financial strain; the average caregiver spends about $7,000 annually out of pocket.

Uber Caregiver is designed to relieve this logistical burden and provide peace of mind. It aims to transform the historically fragmented, complicated, and time-consuming process of navigating ancillary benefits with a one-stop shop for caregivers to understand and act on benefit information on behalf of their loved one. Soon, care-receivers can invite caregivers directly in the Uber app. Where eligible, caregivers will be able to view a loved one’s ancillary healthcare benefits, coordinate services like transportation to a medical appointment or grocery delivery, and help the care-receiver pay in-app using their health benefit cards. By leveraging Uber’s mobility and merchant networks, Uber Health can help meet caregivers and patients where they are.

Benefits include:

– – Care at the tap of a button: Beginning this summer, caregivers will be able to quickly and easily coordinate benefits like rides and grocery delivery on behalf of family members in an app they already know and love, receiving real-time updates along the way.
– – Enhanced visibility into ancillary healthcare benefits: As plans come on board to Uber Caregiver, caregivers will have information about their loved one’s benefit eligibility – for example, how many more rides will be covered or how much of a monthly grocery benefit remains – available in the Uber and Uber Eats apps. This will empower caregivers to coordinate services and deliveries without worrying about what will or won’t be covered.
– – Reduced financial burden: Almost 80% of caregivers pay for some care-receiver expenses out of pocket. The new offering will allow care-receivers to give caregivers permission to pay for services with their loved one’s eligible health benefits to reduce financial strain.

This is the beginning of Uber Health’s efforts to address caregivers’ pain points. In the coming months, the organization will begin working with Medicare Advantage, Medicaid, and commercial plans to provide enhanced support to caregivers in the United States.

Caregivers will have the ability to coordinate transportation on behalf of a loved one on the Uber app beginning this summer. Additional capabilities will roll out later this year.

On April 10, 2024, the WCAB issued an En Banc Order of Consolidation and Notice of Intent to Impose Sanctions of up to $2,500.00 against Susan Garrett in eight (8) instances where it appeared that she filed petitions for reconsideration with willful intent to disrupt or delay the proceedings of the Workers’ Compensation Appeals Board or with an improper motive, or where it appeared that such actions were indisputably without merit (up to $20,000.00 total).

It also issued a notice of intent to impose sanctions of up to $2,500.00 against Lance Garrett in eight (8) instances where it appeared that he filed petitions for reconsideration with willful intent to disrupt or delay the proceedings of the Workers’ Compensation Appeals Board or with an improper motive, or where it appeared that such actions were indisputably without merit (up to $20,000.00 total).

Lastly, it issued a notice of intent to award reasonable expenses, including attorney’s fees and costs, associated with the petitions for reconsideration filed in each of these matters. It deferred the amount of such costs to the trial level.

Following the Notice of Intent Susan Garrett filed a verified response arguing that her decision to file petitions for reconsideration in lieu of petitions for removal was based upon non-frivolous arguments. She argued, without citation, that pleading for reconsideration in the alternative “has long been general pleading practice in various workers’ compensation community practice reference materials.”

Susan Garrett further argued that the maximum sanction was not proportional to the conduct committed. She describes the effect of her conduct as creating “inconvenient situations.” She argued that it was not her intent to delay proceedings of the Appeals Board, but instead it was unavoidable due to chronic health conditions experienced by her and by Lance Garrett. Alternatively, she argued that her non-appearances were due to trials being set on notice, which caused calendar conflicts.

The response of Lance Garrett essentially restated the arguments contained in the Response of Susan Garrett, often verbatim. Neither response addresses the issue of costs and/or attorney’s fees.

After a review of the record and the Responses, the En Banc WCAB panel made its final ruling in the consolidated cases of Alfredo Ledezma, et al. vs. Kareem Cart Commissary and Mfg.;State Compensation Insurance Fund, et al. (May 2024)

The WCAB sitting En Banc wrote: “Generally, there are two responses when faced with the possibility of imposition of sanctions: 1) a person can admit that the conduct was wrong, acknowledge the harm done, evidence an understanding of why the conduct was wrong, and assure the court that it will not happen again; or 2) a person can argue that the conduct was not in bad faith and/or frivolous.”

“The responses of both Susan Garrett and Lance Garrett argue that their conduct was not frivolous or in bad faith.”

“Instead, Susan Garrett and Lance Garrett’s responses trivialize the act of filing multiple frivolous petitions for reconsideration as an ‘inconvenience.’ However, their conduct here goes far beyond inconvenience. The filing of frivolous petitions for reconsideration significantly hampers the work of the Appeals Board. Each petition costs significant time and resources and delays the issuance of other decisions pending at the Appeals Board. More significantly, it delays a determination of applicant’s benefits in each of the cases at bar.”

After issuing a notice of intent on April 10, 2024, and having received and reviewed the responses of Susan Garrett and Lance Garrett, on May 16, 2024, the Appeals Board issued an En Banc Order imposing sanctions and costs in eight cases collectively of $20,000.00 against attorney Susan Garrett (CA BAR #195580) in eight (8) instances where she filed petitions for reconsideration with willful intent to disrupt or delay the proceedings of the Workers’ Compensation Appeals Board or with an improper motive, or where it appeared that such actions were indisputably without merit.

The Appeals Board issued a second order imposing costs and sanctions collectively of $20,000.00 against hearing representative Lance Garrett in eight (8) instances where he filed petitions for reconsideration with willful intent to disrupt or delay the proceedings of the Workers’ Compensation Appeals Board or with an improper motive, or where it appeared that such actions were indisputably without merit.

In the En Banc order imposing sanctions and costs, the Appeals Board found that filing a petition for reconsideration to halt trial level proceedings in order to obtain a de facto continuance is bad faith and/or frivolous conduct, which is sanctionable. The Appeals Board found that the responses of Susan Garrett and Lance Garrett did not warrant a reduction in sanctions as they failed to take responsibility for their conduct, acknowledge the seriousness of their conduct, and demonstrate genuine remorse.

The Appeals Board deferred the amount of reasonable expenses, including attorneys’ fees and costs, and returned the matter to Presiding Judge Robert Rassp to conduct a hearing on that issue.

Silicosis is a form of occupational lung disease caused by inhalation of crystalline silica dust. It is marked by inflammation and scarring in the form of nodular lesions in the upper lobes of the lungs. It is a type of pneumoconiosis. Silicosis, particularly the acute form, is characterized by shortness of breath, cough, fever, and cyanosis (bluish skin). It may often be misdiagnosed as pulmonary edema (fluid in the lungs), pneumonia, or tuberculosis.

Silicosis resulted in at least 43,000 deaths globally in 2013, down from at least 50,000 deaths in 1990. Since 2019, over 100 workers in California have developed the deadly disease silicosis from cutting artificial, man-made stone. Artificial stone is commonly used for countertops in new construction projects.

Early recognition of the potential for industrially related came from the granite cutters of Vermont in the early 1900s. Dr. Alice Hamilton, a pioneer in occupational medicine, documented their plight, and by the 1930s, granite workers had secured safety measures like ventilation. However, this progress wasn’t universal.

The Hawk’s Nest Tunnel disaster near Gauley Bridge West Virginia, also in the 1930s, stands as a grim reminder. Workers, primarily immigrants, drilled through a mountain rich in silica with minimal protection. The horrific outcome: over 700 deaths from silicosis.

Following such tragedies, regulations emerged. However, enforcement remained lax, and silicosis re-emerged in the 1970s among sandblasters and oil field workers. More recently, engineered stone countertops have become a new source of concern. Workers fabricating these materials develop silicosis at alarming rates, often young and unaware of the risks.

California’s Division of Occupational Safety and Health (Cal/OSHA) is increasing awareness of the dangers of being exposed to silica dust while working with man-made and natural stone.

Sacramento California’s Division of Occupational Safety and Health (Cal/OSHA) is increasing efforts to address the growing number of silicosis cases among stone workers in California. Man-made stone that is frequently used contains higher concentrations of crystalline silica that can severely scar lung tissue when inhaled.

With cases of silicosis increasing in California, Cal/OSHA has further intensified its enforcement and education efforts. On December 14, 2023, an emergency temporary standard was adopted to enhance existing guidelines for respirable crystalline silica hazards. Since then, Cal/OSHA has closed several stone cutting shops in the state that were not providing proper safety protections for their employees. A public meeting is scheduled on May 16 to consider a revised proposal for readoption of the emergency temporary standard for an additional 90 days in to protect workers from the hazards of silica dust.

DIR and Cal/OSHA recently launched a bilingual public awareness and education campaign that offers employers and workers resources and information about the proper use of safety equipment and safe worksite practices. The campaign website, worksafewithsilica.org also provides vital information for workers on workplace safety rights and how to report safety violations.

Cal/OSHA’s workplace safety laws and emergency temporary standard are key components to ensure that workers are safe. Increasing awareness to employers and employees of the dangerous effects of inhaling respirable crystalline silica dust from tasks like grinding, drilling and cutting, can help save lives and avoid incurable health conditions like silicosis, lung cancer and kidney diseases.

According to DIR Director Katie Hagen “the startling uptick in deadly silicosis cases in our state underscores the necessity to protect workers from this fatal disease. Man-made stone products with high silica content, like countertops, can only be fabricated safely with proper safety equipment and practices, such as water systems, safe cleaning of dust and debris and the use of the best respiratory protection available. Failure to follow these life-saving practices can have grave consequences for some of California’s most vulnerable workers. Our department, through Cal/OSHA, is proactively working to educate employers on safe worksite practices, enforcing regulatory standards, and warning workers of its hazards.”

The Division of Workers’ Compensation (DWC) has announced its plans to address e-filing practices that result in repeated system errors in EAMS, DWC’s electronic case management system. These errors cause significant delays in document processing.

DWC’s planned corrective actions will include, but are not limited to, suspension or removal of e-filing privileges and/or sanctions aimed at users who disregard regulations, e-filing instructions, and document discrepancy notifications.

These corrective actions have become necessary because many users continue to e-file defective batches despite receiving error notifications and receiving ongoing problem-solving training in the system’s unprocessed document queue (UDQ).

The most frequently encountered e-filing errors include:

– – Using incorrect document titles for filing or submitting documents with incorrectly titled attachments.
– – Making duplicate submissions of documents already in FileNet.
– – Repeatedly submitting failed batches to the UDQ.
– – Filing duplicate documents both electronically and by hard-copy (including emailing documents directly to a judge).

DWC will evaluate users who continually violate the EAMS rules and guidelines over the next few months. Users who receive notification of impending suspension or removal of their e-filing privileges will be given an opportunity to first take corrective action.

Information on how to properly file documents may be found on the DWC website.