We’re Having A Worldwide Heat Wave: How You Can Stay Safe

Today’s post comes from guest author Catherine Stanton, from Pasternack Tilker Ziegler Walsh Stanton & Romano.

A few weeks ago, I read about a crisis occurring in Pakistan and India. In Pakistan, a week-long heatwave killed more than 1,200 people and in India, the heat killed close to 2,200. Tens of thousands more were treated at area hospitals for heatstroke. It appears that the combination of prolonged temperatures above 100 degrees combined with power outages had a devastating impact on people.

As I read the news while sitting in the comfort of my air conditioned home, I thought briefly about the fact that we are all so lucky that events such as this rarely happen in this country. We have the resources and the alternatives available if we lose power or if we don’t have air conditioning during a heat wave. The City regularly opens up cooling centers or keeps City pools open longer so that residents are able to combat some of the more severe heat of the day.  However, not all of us are lucky enough to work inside where it is cool or engage in work activity that is not strenuous. What about those who work outside, or do heavy labor without the benefit of air conditioning? How do they protect themselves from the extreme heat that may be a part of their everyday work?

I was surprised to find out that each year, hundreds of people die due to heat-related illnesses and thousands more become ill. Outdoor workers are particularly vulnerable to heat stress.  According to the U.S. Department of Labor Blog, thousands of employees become sick each year and many die from working in the heat. In 2012, there were 31 heat-related worker deaths and 4,120 heat-related worker illnesses. Labor-intensive activities in hot weather can raise body temperatures beyond the level that normally can be cooled by sweating. Heat illness initially may manifest as heat rash or heat cramps, but can quickly escalate to heat stroke if precautions aren’t taken.

I am always surprised when I see firefighters on days with extreme heat fighting fires or see construction workers, road workers, or landscapers outside in the day-time heat engaged in strenuous physical. I often wonder how they are able to work without collapsing. The answer is that many of these workers become used to the extreme heat and are acclimated to it. Heat illness disproportionately affects those who have are not used to working in such extreme temperatures, such as new or temporary workers.

The Occupational Safety and Health Administration has a campaign to prevent heat illness in outdoor workers. It recommends providing workers with water, rest, and shade, and for them to wear light colored clothing and a hat if possible. OSHA advises that new workers or workers returning from vacation should be exposed to the heat gradually so their bodies have a chance to adapt. However, even the best precautions sometimes cannot prevent heat-related illness.   According to WebMD, signs of heat exhaustion include fatigue, headaches, excessive sweating, extreme thirst, and hot skin. If you have signs of heat exhaustion, get out of the heat, rest, and drink plenty of water. Severe heat illness can result in heat stroke. Symptoms of heat stroke include convulsions, confusion, shortness of breath, decreased sweating, and rapid heart rate, and can be fatal, so please be aware and seek immediate medical attention if you have any of these symptoms.      

For those who work outside in the boiling heat, heat illness can be prevented. However it can also kill so please be careful and remember – water, rest, and shade. 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.   

A Toxic Work World

Today’s post was shared by Jon L Gelman and comes from www.nytimes.com

Credit Lilli Carré

FOR many Americans, life has become all competition all the time. Workers across the socioeconomic spectrum, from hotel housekeepers to surgeons, have stories about toiling 12- to 16-hour days (often without overtime pay) and experiencing anxiety attacks and exhaustion. Public health experts have begun talking about stress as an epidemic.

The people who can compete and succeed in this culture are an ever-narrower slice of American society: largely young people who are healthy, and wealthy enough not to have to care for family members. An individual company can of course favor these individuals, as health insurers once did, and then pass them off to other businesses when they become parents or need to tend to their own parents. But this model of winning at all costs reinforces a distinctive American pathology of not making room for caregiving. The result: We hemorrhage talent and hollow out our society.

To begin with, we are losing women. America has unlocked the talent of its women in a way that few nations can match; girls are outpacing boys in high schools, universities and graduate schools and are now entering the work force at higher salaries. But the ranks of those women still thin significantly as they rise toward the top, from more than 50 percent at entry level to 10 to 20 percent in senior management. Far too many discover that what was once a manageable and enjoyable work-family balance can no longer be sustained —…

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Older Workers Need Updated Job Training

Recent data from the U. S. Bureau of Labor Statistics indicate inadequate training for older workers likely contributed to an almost 20% increase in fatalities among older workers

According to the data, there were 4,679 fatal work-related injuries recorded in 2014 – an increase from 4,585 in 2013.  Older workers from age 45 to 54 decreased in fatalities from 1,169 to 1,127.  Deaths due to work injuries for workers age 55 to 64 increased from 948 in 2010 to 965 in 2014.  The greatest increase from 2010 to 2014 was from workers 65 and older: 582 in 2010 up to 656 in 2014.  Experts noted employers need to continually train their entire workforce, not just new hires, about hazards, processes and procedures. 

According to the Bureau of Labor Statistics, more than 260 fatalities involving workers 65 and older resulted from transportation incidents.  Fatal work injuries among women also increased, rising 12.5% to 359.  Of the fatalities among women, 137 resulted from transportation incidents and another 111 from violence in the workplace.  Authorities noted a disturbing trend of more violence coming from personal relationship problems that spill over into work. 

The work-relatedness of these personal relationships resulting in violence at work is a contested issue.

What can we do about shift work?

Today’s post was shared by Jon L Gelman and comes from strongerunions.org


There has been a lot of research published in the past few years around the effect of shift work and our health since the World Health Organisation classified night shift work as a probable carcinogen back in 2007. In 2012 research for the HSE estimated that the additional breast cancer risk associated with night shift working would have translated into about 2,000 extra cases of breast cancer (out of a total of about 43,200 in Britain) in 2004. That would mean around 550 additional deaths and makes it the biggest occupational killer after asbestos. A study in 2013, based on 2,300 women in Vancouver found that women who worked night shifts for 30 years or more were twice as likely to develop breast cancer.

More research was published this week on the link between shift work and cancer. The new one comes from researchers in the Netherlands and Germany and appears to support previous research suggesting a link between night-shift work and breast cancer. Although this research is in mice it is important because it provides the first experimental proof that shift work increases breast cancer development.

However it is not just breast cancer that is more likely to be caused by shift working. Shift work has been shown to lead to heart problems, type2 diabetes and obesity. It is also linked to stomach problems and ulcers, depression, and an increased risk of accidents or injury. We have known about these problems for many years and researchers continue to find links between shift…

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Statement from Secretary of Labor on Fatal Occupational Injuries in 2014

Today’s post was shared by WC CompNewsNetwork and comes from www.workerscompensation.com

Washington, DC (WorkersCompensation.com) – Preliminary results from the Bureau of Labor Statistics’ Census of Fatal Occupational Injuries released show the rate of fatal work injuries in 2014 was 3.3 per 100,000 full-time workers, the same as the final rate for 2013. While the preliminary total of 4,679 fatal work injuries was an increase of 2 percent over the revised count of 4,585 in 2013, there was also an increase in hours worked in 2014. U.S. Secretary of Labor Thomas E. Perez issued the following statement:

"Far too many people are still killed on the job — 13 workers every day taken from their families tragically and unnecessarily. These numbers underscore the urgent need for employers to provide a safe workplace for their employees as the law requires.

"Preliminary results tell us 789 Hispanic workers died on the job in 2014, compared with 817 in 2013. While we were gratified by that drop, the number is still unacceptably high, and it is clear that there is still much more hard work to do.

"BLS data shows fatalities rising in the construction sector (along with an overall increase in construction employment). Dangerous workplaces also are taking the lives of a growing number of people in oil and gas extraction. That is why OSHA continues extensive outreach and strong enforcement campaigns in these industries. The U.S. Department of Labor will continue to work with employers, workers, community organizations, unions and others to make sure that all…

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Wage Theft Is Illegal And Immoral

Kim Bobo

Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.

Kim Bobo, the Executive Director of Interfaith Worker Justice and the author of “Wage Theft in America,” recently spoke at Duke Divinity School and then at N.C. Central University School of Law in Durham, N.C. Ms. Bobo, who was awarded the Pacem in Terris Peace Award in 2012 (other recipients are John F. Kennedy, Mother Teresa, and Martin Luther King, Jr.), has a simple reason for the work she does: as a person of faith, she recognizes injustice and seeks to correct it. Wage theft, which is defined as stealing from workers what they have rightfully earned, is not only illegal it is immoral. She is simply trying to get people to do something about it.

In September a $4 million settlement was announced by the Harvard Club of Boston for not paying tips to its staff.

At N.C Central law school, Bobo spoke to students about waiters not getting tips, even though the restaurant collected those tips when the bill was paid, and asked if anyone in the room had experienced that type of theft. Indeed, one student shared a story about working at an exclusive club in South Carolina where that practice was routine. After reporting the problem and getting nowhere, he finally gave up and quit. He is still bitter about it. In September, a $4 million settlement was announced by the Harvard Club of Boston for not paying tips to its staff. Small amounts can add up for the employer.

Bobo gave some action items to the audience that I wanted to share with you.  She said we need to:

  • start recognizing the seriousness of the problem;
  • start getting attention about the problem in order to fix it;
  • stay focused; and
  • if necessary, cross of the lines of our comfort zone.

For more information about Interfaith Worker Justice, go to: www.iwj.org/


Are You Misclassifying Your Workers and Committing A Fraud?

Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.

To avoid misclassifying your workers follow these tips:

  • Don’t make assumptions. If you are a business owner you should consult a tax professional and an attorney to ensure you are complying with IRS and labor laws when hiring staff or contractors.
  • If contracting with staffing companies or labor brokers, make sure those agencies are properly classifying its workers as employees. Companies can be held responsible for labor violations of their contractors.
  • Consider filing a SS-8 Form (Determination of Worker Status) with the IRS and ask that agency to determine whether the worker is an employee or independent contractor.
  • Be aware that contractors set their own schedules and pricing, and perform the work as they see fit. If you want control over these areas, make sure you hire an employee.
  • Check the workers’ compensation policies of any subcontractor you hire. (Look out for “ghost policies,” which aren’t designed to cover known employees.)
  • Don’t rely on excuses such as “He only works a few days a week.” “She agreed to be an independent contractor.” “They use their own tools.” “He’s done this for so long he doesn’t need my supervision.”

Thanks to McClatchy DC!


Employers Who Cheat on Workers’ Compensation Coverage

Employers who fail to cover their workers for workers’ compensation, or who mischaracterize their employees as “Independent Contractors” cheat the entire workers’ compensation system. They cheat both the workers who remain uncovered and other employers who appropriately cover their workers. 

An effective tool for combating this employer fraud has been used in North Carolina. The North Carolina Industrial Commission used computer data to collect nearly a million dollars in penalties from employers with no workers’ compensation. The penalty revenue is used in North Carolina to maintain public schools.

The Commission’s Compliance and Fraud Investigative Division staff used a new tool, the Non-Compliant Employer Targeting System (NETS) to identify employers who are required by law to maintain a valid workers’ compensation insurance policy but have failed to do so. North Carolina Industrial Commission Chairman Andrew Heath noted “Unlawful employers that fail to provide workers’ compensation insurance coverage are a drain on North Carolina’s legitimate businesses, health care providers, and taxpayers.” He noted “unethical and illegitimate business owners will find no safe harbor here in North Carolina.”

States should focus on employer fraud, rather than spinning their wheels on virtually non-existent employee fraud. Much fanfare (primarily fueled by insurance carrier advertisements) accompanied the enactment 20 years ago of a fraudulent claims reporting provision in Wisconsin’s Workers’ Compensation Act. Since 1994 the Act requires insurers to report suspected employee fraud to the Department of Workforce Development on their own initiative. After reviewing the results of the insurer’s investigation, the Department refers cases to local District Attorneys for prosecution if there is a reasonable basis to believe the case involves insurance fraud. The Department’s published multi-year study of such claims concludes that the public perception of workers’ compensation employee fraud is extremely exaggerated – less one in ten thousand injuries.

Efforts at uncovering and penalizing employer fraud should be undertaken in all states.