Author Archives: Leonard Jernigan

Nurse Who Contracted Ebola in the U.S. Sues Her Hospital Employer

Today’s post comes from guest author Jon L Gelman, from Jon L Gelman LLC.

The nurse who was the first person to contract Ebola in the United States filed suit on Monday against the Dallas hospital where she worked, saying it knowingly left workers without the training or equipment needed to handle the disease.

The nurse, Nina Pham, 26, was one of two at Texas Health Presbyterian Hospital who were infected while treating Thomas Eric Duncan, who had the virus when he arrived from the West African country of Liberia.

Ms. Pham’s suit, filed in State District Court in Dallas, accuses the hospital’s parent company, Texas Health Resources, of negligence, fraud and invasion of privacy. Not only did the hospital expose her to a deadly disease, she contends, it also made false statements about her condition and released video of her without her permission.

A Texas Health spokesman, Wendell Watson, said Ms. Pham was “still a member of our team,” and declined to address the specific claims. He added, “We remain optimistic that we can resolve this matter.”

Ms. Pham has been free of Ebola for months, but she has lingering medical and emotional problems, and the long-term consequences remain unclear, said her lawyer, Charla Aldous.

“She still has fatigue and body aches,” and has not been able to return to work, Ms. Aldous said. “She’s been having some liver problems. Her hair started falling out.”

Mr. Duncan went to the hospital’s emergency room on Sept. 25 with fever, nausea and

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How to File a Safety and Health Complaint

Today’s post comes from the US Dept. of Labor.

The Occupational Safety and Health Act of 1970 gives employees and their representatives the right to file a complaint and request an OSHA inspection of their workplace if they believe there is a serious hazard or their employer is not following OSHA standards. Workers do not have to know whether a specific OSHA standard has been violated in order to file a complaint.

Complaints from workers or their representatives are taken seriously by OSHA. OSHA will keep your information confidential.

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Let OSHA Do Its Job

OSHA is being prevented from fulfilling its mission.

Today’s post comes from guest author Paul McAndrew, from the Paul McAndrew Law Firm.

In 1970, Congress passed the Occupational Safety & Health Act (the Act), which created the Occupational Safety & Health Administration (OSHA). Among other things, the Act requires every employer to provide a safe workplace. To help employers reach this goal, OSHA promulgated hundreds of rules in the decade after it was created. OSHA’s rulemaking process has, however, slowed to a trickle since then.  

While the National Institute for Occupational Safety & Health recently identified over 600 toxic chemicals to which workers are exposed, in the last 16 years OSHA has added only two toxic chemicals to its list of regulated chemicals. This is because Congress, Presidents and the courts have hamstrung OSHA. For example, in March 2001 the Bush Administration and a Republican Congress effectively abolished OSHA’s ergonomics rule, a rule the agency had worked on for many years. 

These delays and inactions have caused more than 100,000 avoidable workplace injuries and illnesses.

These delays and inactions have caused more than 100,000 avoidable workplace injuries and illnesses. Workers are being injured and killed by known hazardous circumstances and OSHA can’t act.

Congress and the President need to break this logjam – we need to free OSHA to do its job of safeguarding workers.

Steel company fined $115,400 by US Labor Department’s OSHA for failing to abate workplace hazards

Today’s post comes from guest author Jon Gelman, from Jon L Gelman LLC.

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Jersey Shore Steel for four violations, including three failure-to-abate citations, at its Jackson facility. Proposed penalties total $115,400 after OSHA’s follow-up inspection opened in April.

“By not abating past violations, Jersey Shore Steel keeps its employees vulnerable to hazards that can cause injuries and, possibly, death,” said Paula Dixon-Roderick, director of OSHA’s Marlton Area Office. “It’s vital to correct all hazards immediately to protect workers at the facility.”

The failure-to-abate notices, which carry $111,000 in penalties, relate to the company’s failure to develop and implement a written lockout/tagout program that prevents inadvertent machine start-up; require fork truck operators to have their performance evaluated at least once every three years; and train workers to use portable fire extinguishers. A failure-to-abate notice applies to a condition, hazard or practice, found upon reinspection, that the employer was originally cited for and failed to correct.

The company was also cited for one repeat violation, with a $4,400 penalty, due to the lack of machine guarding on a press brake. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. A similar violation was cited in November 2012.

The citations can be viewed at: http://www.osha.gov/ooc/citations/jersey_shore_steel_insp_900106_sept30.pdf*.

Jersey Shore Steel has requested an informal conference with the OSHA area director in Marlton.

North Carolina’s Bathroom Bill

Whether you are a Republican, a Democrat, or a supporter of some other party, don’t we all want fairness and a right to be heard? In North Carolina, those who control the legislature do not seem interested in due process rights.

House Bill 2 (the bathroom bill) was passed and signed by the Governor in 24 hours, without any debate or discussion. I didn’t know there was a problem. Is there a problem? What’s the rush? Where is due process? What happened to a fair hearing?

Fortunately, people are speaking up. People recognize discrimination. They are becoming aware of what’s going on, because it can happen to them. It reminded me of that famous statement in 1946 by a German Pastor, Martin Niemöller:

First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out—
Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

Wage Theft in the U.S. Senate

Last year, the Department of Labor (DOL) recovered nearly $247 million in back wages for more than 240,000 workers. Since 2009, the DOL has recovered nearly $1.6 billion in back wages for 1.7 million workers. These amounts are just a fraction of the amount owed to workers because of wage theft (employers not paying workers the amount they have legally and rightfully earned), according to Catherine Rampell, an opinion columnist at The Washington Post.

In July, the DOL ordered a private company that had been hired to run the U.S. Senate cafeteria to pay 674 cafeteria workers $1,008,302 in back wages after the DOL discovered that the company misclassified employees, underpaid employees for the time they worked, and failed to pay required health and welfare benefits since 2010.

Congress, as a whole, has taken little to no action to combat wage theft. In March 2016, Senators Patty Murray and Sherrod Brown and Representative Rosa DeLauro introduced the Wage Theft Prevention and Wage Recovery Act to Congress. The bill would require employers to pay full wages owed to an employee, and would also impose civil penalties on employers for violating the Fair Labor Standards Act. The bill does not have a good chance of being passed into law.

If you have questions or concerns about whether you are being paid properly and for all the hours you work, contact the U.S. Department of Labor’s Wage and Hour Division at 1-866-487-9243. If you work in North Carolina, you can also contact the North Carolina Department of Labor’s Wage and Hour Bureau at 1-800-625-2267.

Holdrege, Nebraska, BD Plant Cited by OSHA Again

Becton, Dickinson and was recently fined by OSHA for workplace hazards leading to partial amputations of workers’ fingers.

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

“Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.”

This paragraph from a recent news release gives an overview of OSHA’s role. In Nebraska, that role comes into focus when investigators look for safety violations, often after a workplace incident that causes injury, as was the case at Becton, Dickinson and Co. in Holdrege in 2015.

Earlier this month, the news release at the link describes how BD was cited for machine hazards in both April and September of 2015. However, in October, in two separate incidents, two different workers “suffered partial amputations of their index fingers” at the Holdrege manufacturing plant.

“The agency has proposed penalties of $112,700,” after finding one repeat and 12 serious safety violations when the amputations were investigated. Best wishes are being sent to the two workers whose lives were altered after their on-the-job injuries.

In this case, it is obvious that the workers’ injuries were related to these specific workplace incidents, because their amputations resulted in an OSHA investigation of the business. But sometimes there are questions when it comes to workers’ compensation in Nebraska. If a business or its insurance company questions or denies a workers’ compensation claim, then it’s time to get help from an experienced workers’ compensation lawyer. Our attorneys are licensed in both Nebraska and Iowa and have decades of experience helping injured workers in situations like the one above, so please contact us if you or a loved one have been hurt on the job.    

Menards Agrees to Work Law Changes After Violations

Today’s post comes from guest author Charlie Domer, from The Domer Law Firm.

Check out this article about the large Wisconsin home improvement retailer, Menards, and their previous disregard of workers’ rights: Menards Promises Changes After Violations of Federal Labor Laws.

As other stories have outlined,the company’s handbook allegedly threatened penalties for supervisors if they managed stores that unionized.  These tactics show the (sometimes extreme) lengths some employers may go at the expense of their workers.