Posts Tagged ‘immigrant workers’

Cavalcade of Risk, plumbers, illegal immigrants, cranes, contractors, and more

Wednesday, October 22nd, 2008

Cavalcade of Risk #63:The WABAC edition hosted by John Cogan at Regulating Health Insurance. John is the Executive Counsel-Executive Assistant for Policy and Program Review for the Rhode Island Office of the Health Insurance Commissioner. He’s a first time host of Cavalcade so you might kick the tires at his blog after catching up on the news.
One of this week’s posts we found noteworthy is from Louise at Colorado Health Insurance Insider entitled Business 101 For Joe the Plumber, in which she analyzes how Joe’s business would fare under the Obama and the McCain tax health care reform plans.
In other news:
Illegal immigrants and workers comp – Peter Rousmaniere posts about a new analysis of workers comp laws and illegal workers recently issued by the Independent Insurance Agents and Brokers. His post summarizes some of the key issues in the report but the bottom line is that 38 states offer at least some type of benefits to illegal aliens. The report is available in chart form (PDF) from WorkCompCentral.
High comp costs for defense-based contractors – The Pentagon is looking to curtail workers compensation costs for overseas defense-based contractors. Costs went from $7.6 million on 430 claims in 2002 to $170 million on 11,887 claims in 2007, according to the Congressional Research Service, with the Defense Department accounting for 90% of those costs. One of the ways that they are looking to cut costs is to consolidate to a single insurer.
Van pool risks – Nick Whitfield of Workforce looks at the risks involved with company-sponsored van pools. In response to skyrocketing gas prices, many employers adopted measures to help defray their employees’ costs of commuting, with van pools being one of the options. A van pool can have potential workers comp exposure depending on the way the pool is established. While injuries sustained during a commute would not normally be compensable under workers compensation laws, many state laws treat employer-sponsored transportation differently so injuries sustained in a commute might indeed be compensable. Many employers turn to third party contractors to run van pools and while this would generally mitigate the risk, experts suggest that employers who sponsor programs first consult with their broker, insurer and state workers’ comp authority.
OSHA and cranes safety – Celeste Monforton of The Pump Handle looks at the OSHA proposed rule on crane safety, which was published in the Federal Register on Oct 9 and will be in public comment phase until December 8. She notes that, curiously, the estimated 55 lives saved annually with the improved standard is not mentioned in the proposal.
Health & safety blogsThe Pump Handle referred to above does a great job covering health and safety issues in the workplace. We’d like to do a shout-out to a few other blogs that are on the health and safety case: long-time blogger rawblogXport; Tammy Miser at Weekly Toll; the vigilant folks at OSHA Underground; GotSafety Blog and The Safety Blog.

Health Wonk Review and news roundup

Thursday, January 10th, 2008

Bob Laszewski of Health Care Policy and Marketplace Review has posted the first Health Wonk Review of 2008, and it’s a good one because people had to save up their best posts over the last month since we had a short hiatus. Many entries focus on analysis of the presidential candidates’ positions on health care, which will be one of the hot-button issues for the coming election.
A deadly year for public servants – Celeste Monforton of The Pump Handle tells us that 2007 was a deadly year for law enforcement officers, with a 28 percent increase in on-the-job fatalities compared to 2006. Shooting deaths were up 33% and traffic fatalities up 10%. And Occupational Hazards reports that 115 on-duty firefighters died in 2007. Fire Administrator Greg Cade labels 2007 it “one of the most tragic years for firefighters in recent memory.”
High cost of chronic diseaseAn Unhealthy America – the economic burden of chronic disease – is a good reference site to bookmark. Find specific prevalence and costs by disease or by state.
From the courts – Peter Rousmaniere at Working Immigrants posts about a recent South Carolina Supreme Court ruling upholding the right for illegal immigrants to receive workers comp benefits. Courts continue to protect workers who are injured on the job, regardless of legal status. Justice James E. Moore stated that “…disallowing benefits would mean unscrupulous employers could hire undocumented workers without the burden of insuring them, a consequence that would encourage rather than discourage the hiring of illegal workers.” In making its decision, the court cited prior decisions by North Carolina, Florida, Georgia, Maryland, and Minnesota.
Laptop safety – By their very design, laptops force users into awkward positions so prolonged use can result in muscular fatigue in various body parts and may lead to repetitive stress injuries. Laptop Ergonomics discusses the particular safety hazards related to using laptops and offers recommendations to help help reduce the risk of developing injuries. Hat tip to Ergonomics in the News for the pointer.
Weighty mattersStudy links obesity to absenteeismOccupational Hazards reports on a recent study that links increased rates of absenteeism to morbid obesity, putting the cost at $4.3 billion per year in the United States.

News roundup: Health Wonk Review, survival story, manhole covers, I.C.E. followup, OSHA agenda

Thursday, December 13th, 2007

David Harlow hosts the holiday edition of Health Wonk Review at Health Blawg, our final edition of the year. As one of the few attorneys in our HWR lineup, David lends a unique and valuable perspective to our discussions. Today, he sheds light on a variety of health matters in what may well be the largest edition of the year. Grab some coffee and holiday cookies – there’s enough good reading to carry you into the New Year.
Survival story – Thanks to Jordan Barab for calling our attention to this follow-up story to the recent scaffolding tragedy in New York: After a Window Washer’s 47-Floor Plunge, the Big Question Is: How Did He Survive?
NYC to India and back again – A freelance photographer for the New York Times captures a work scene out of the Middle Ages in India, and it happens to be a foundry with a local link: New York Manhole Covers, Forged Barefoot in India. Here’s an excerpt:

When officials at Con Edison — which buys a quarter of its manhole covers, roughly 2,750 a year, from India — were shown the pictures by the photographer, they said they were surprised.
“We were disturbed by the photos,” said Michael S. Clendenin, director of media relations with Con Edison. “We take worker safety very seriously,” he said.
Now, the utility said, it is rewriting international contracts to include safety requirements. Contracts will now require overseas manufacturers to “take appropriate actions to provide a safe and healthy workplace,” and to follow local and federal guidelines in India, Mr. Clendenin said.

Immigration raids – one year later – Chris Ortman of Change to Win follows up on I.C.E. Raids – one year later in Greeley, Colorado; Worthington, Minnesota; and Grand Island, Nebraska. Peter Rousmaniere also features an item from Morning Edition revisitng a Cargill plant in Beardstown, Illinois one year later.
OSHA’s agendaThe Pump Handle reports on OSHA’s issuance of its semi-annual agenda, noting that several of the safety issues and standards that had been on the agenda in the past are curiously missing: “The Secretary’s last regulatory agenda (April 2007) listed 38 workplace health and safety hazards for possible regulatory action, 16 for MSHA and 22 for OSHA. The newly published regulatory agenda lists only 9 items …”. The post details what’s still on the list and what’s missing.

News roundup: popcorn lung, medical tourism, health care matters, and more

Tuesday, October 16th, 2007

Popcorn lung – We’ve previously taken OSHA to task for being slow off the mark in protecting workers who are at risk for severe respiratory illnesses related to exposure to microwave popcorn butter flavorings containing diacetyl. Now, while the agency continues to “seek evidence”, legislators have passed a diacetyl bill requiring the agency to issue an interim final standard to minimize worker exposure to diacetyl in popcorn and flavor manufacturing plants. In response, OSHA has scheduled public hearings and issued a Safety and Health Information Bulletin on Respiratory Disease Among Employees in Microwave Popcorn Processing Plants and Hazard Communication Guidance for diacetyl. But OSHA is still balking at issuing an emergency standard for diacetyl, falling back on its preferred voluntary compliance philosophy.
Medical tourism – David Williams of MedTripInfo.com has just released a white paper on medical tourism in conjunction with MedPharma Partners LLC, a health care and life sciences consulting firm: Medical Tourism: Implications for Participants in the US Health Care System (PDF). We’ve talked about the issue of medical tourism before – this is an issue to keep on your radar screen. David’s paper is worth a read. Among the predictions:

  • US health insurers will start to provide coverage for medical tourism in 2008. Mini-med plans and small employers -not big health plans and blue chip companies– will lead the way.
  • State governments will begin to embrace medical tourism by 2010.
  • Opposition to medical tourism by US physicians will be relatively modest.
  • Medical tourism won’t have a major, direct impact on US health care costs, but the secondary impact will be substantial.

40 years and counting – Congratulations to the folks at Business Insurance on their 40 Year Anniversary. We’ve long thought that the publication has some of the best reporters and editors in the industry – kudos to all. They’ve put together some interesting restropsective features from their 40-year history, some available online to nonsubscribers: 40 Years of Business Insurance.
Debunking viral health care spam – Joe Paduda of Managed Care Matters does a great job debunking a viral e-mail from an anonymous concerned Canadian warning the U.S. about universal health care coverage. Moral of the story: never believe unsolicited emails and know your source.
McCain on Health care – Bob Laszewski of Health Care Policy and Marketplace Review offers an analysis of Senator John McCain’s Health Care Reform Plan. This follows last week’s analysis of the Clinton health care plan.
Immigration crackdown effects on the slaughterhouse – Thanks to Workplace Prof Blog for pointing us to a New York Times article we’d missed on how the immigration crackdown is affecting the work force in the slaughterhouse industry. Work in meat-packing industries is right up there in terms of grueling and dangerous jobs, and many plants are finding it difficult to replace undocumented workers who were displaced during recent immigrant raids.
Foot powerErgonomics in the News discusses a foot mouse / slipper mouse as an alternative when repetitive strain injuries preclude the use of a traditional mouse.

News roundup: Cavalcade, immigrants, TRIA, NIOSH and more …

Tuesday, July 24th, 2007

Cavalcade – Catching up with news after being on vacation for a week, I find a good place to start is with last week’s Cavalcade of Risk, ably hosted by Richard Eskow of The Sentinel Effect.
Illegal immigrants and WC – Peter Rousmaniere of Working Immigrants posts about a review of workers compensation coverage of illegal workers that was compiled by the International Association of Industrial Accident Boards and Commissions (IAIABC). He notes that, “… 6 states have statutes that expressly authorize coverage for these workers – CA, FL, NV. NY,TX and UT, while two states’ laws expressly do not – ID and WY. Twelve states have had court decisions in favor of coverage – IL, MI, MN, ND, OH, AL, AZ, CO, MT, NC, SC and VA. Two of these states – MI and VA – also have court decisions going the other way. Two other states have had court decisions which go against coverage — KS and PA.”
NIOSH research programs saved – David Michaels of The Pump Handle reports that with the defeat of The Barton Amendment, National Institute for Occupational Safety and Health programs have been saved. The bill would have cut more than 20% of the NIOSH budget and would have effectively eliminated the National Occupational Research Agenda.
TRIA – Mark Hofmann of Business Insurance reports that the markup of the TRIA extension bill is expected this week. TRIA – a federal terrorism backstop due to expire Dec 31 – would extend for 10 years.
MN groups sue AIG – Roberto Ceniceros of Business Insurance reports that Minnesota workers comp groups are suing AIG seeking $100 million in damages. The Minnesota Workers’ Compensation Reinsurance Assn. and the Minnesota Workers’ Compensation Insurers Assn. state that the $1.2 million that was earmarked for Minnesota in the settlement AIG reached with Eliot Spitzer for AIG’s alleged underreporting of premiums over 22 years is insufficient. Ceniceros notes that they are not they only entity filing suit – the National Workers Compensation Reinsurance Pool, representing about 600 insurers, also filed suit in May.
Kudos – congratulations to Michael W. Fox of Jottings By An Employer’s Lawyer for his 5-year blogiversary – that’s a lot of blogging. Michael’s blog has long been one of our favorites – drop on by and see why.
Gasoline safety – over the summer there is an increased risk of gasoline-related injuries for workers because gas-powered equipment is prevalent in outdoor work sites. OSHA offers the following safety tips:

  • Wash any skin or clothing that comes in contact with gasoline thoroughly with soap.
  • Avoid inhaling gasoline fumes by keeping all gas in approved sealable safety containers.
  • Know initial symptoms of carbon monoxide poisoning, such as headache, fatigue, dizziness, drowsiness, nausea, and tightness across the chest.
  • Do not use gasoline for any purpose other than fueling a motor.

OSHA’s Gasoline Safety and Health Topics outlines standards for working safely with gasoline, including healthful exposure limits for employees. Also, to prevent carbon monoxide poisoning, see OSHA’s Carbon Monoxide Fact Sheet (PDF).

Cavalcade of Risk, Issue 5

Wednesday, August 2nd, 2006

We are pleased and honored to serve as host for Cavalcade of Risk #5. We could opine at length on the nature of risk – and we often do – but with 20 post submissions ready and rearing to go, we will commence with this week’s roster without further ado. However, we’d be remiss if we didn’t first offer a special thanks to HG Stern at InsureBlog, not only for being the visionary who launched this risk carnival, but also for his gracious and generous assistance in helping us to compile this issue.
The importance of trust – citing a Wharton Business School experiment on the effects of a breakdown in trust, Joe Paduda of Managed Care Matters discusses deception, trust and the healthcare industry, suggesting that complex policy restrictions and limitations may indeed save a buck now, but are likely to further erode trust and backfire over the long term.
Debt collection – Michael Herrin, aka Debt Collection Lawyer, offers sound advice on important steps you should take to ensure collection before the matter even becomes a debt. He also gives us a behind-the-scenes view of collection in his post about a collection attorney’s tools of the trade.
Electronic medical records – Michael Cannon of Cato at Liberty suggests that if we want electronic medical records, we first need to fix the incentives, and opines that ” … when House Republicans plan to vote this week on legislation that would spend your tax dollars to encourage the creation of electronic medical records, it seems like a classic case of one fouled-up government intervention begetting another.”
Corporate security – Wenchypoo discusses the rise of low-tech spying and the shocking ease of breaching corporate security in her eponymous blog, Frugal Wisdom From Wenchypoo’s Warehouse.
Immigrant workers – Peter Rousmaniere at Working Immigrants discusses the immense challenge of verifying employer compliance with immigration laws in a two-part post. Part two.
Personal finance – Kristin McAllister at Making Cents discusses important planning considerations in her post to buy (a home), or not to buy, that is the dilemma.
Emergency care – in a post on emergency care, Bob Vineyard of InsureBlog raises the issue of whether there is a lack of incentives for taking personal responsibility.
Economic systems – Brandon Peele at GT discusses the concept of Namaste Economics, suggesting that it is an evolution of the current Quid Pro Quo Economics.
Appraisals – Joe Klein of Roth CPA uses the recent decision by a tax court in the matter involving The Kohler Company to demonstrate why the choice of the right appraiser can really make a difference when it’s time to pay the IRS.
Hospitals and medications – David Williams of Health Business Blog has a piece of advice: Going to the hospital? BYOMD. He discusses why leaving medication choices to the hospital can be dangerous to your health.
Health incentives – We already knew (or suspected) that lifetsyle choices can help us increase or reduce the risk of disease, or even death. Marcus Newbury of Fixin’ Healthcare reports that a recent Wall Street Journal report demonstrates a financial benefit, as well.
Another take on incentives – Justin at Health Flux offers another take on the WSJ poll about lifestyle choices. He thinks that punishing folks who make unhealthy choices may not be such a good idea after all.
Pandemic Prep – with all the news centered on the Middle east, it’s easy to forget about other risks. Bob Sargent of Specialty Insurance Blog reminds us that there’s a potential bird-flu epidemic looming, and offers some helpful links.
Investing – blogger “frugal” at My First Million at 33 shares some some must-do money saving tips for potential investors, written from an amateur’s perspective. He covers everything from risk tolerance to how often one should review a portfolio.
Credit card fraud – You know all those little stops you make to get gas or a gallon of milk? Jeffrey Srain of Personal Finance Advice shows us that when and how often we make those little convenience stops can trigger bells and whistles at the credit card fraud center.
The politics of gambling – Jason Ruspini of Risk Markets and Politics explains how gambling could be the basis for “predictive markets.”
More lessons we can learn from gambling – Alex Tabarrok of Marginal Revolution explains what roulette wheels and prostate-specific antigen (PSA) tests have in common.
Budgeting tips – Prince of Thrift at Becoming and Staying Debt Free offers a refreshing formula for a personal budget in his post Understanding the Great Misunderstanding
Risky fun – here at our own Workers Comp Insider, Jon Coppelman offers the definitive word on goofing off when it comes to horseplay and humor on the job in analyzing a recent workers comp decision from the Colorado Court of Appeals.
Calling all medical bloggers: we want you
Envision Solutions and The Medical Blog Network (TMBN) have launched the first comprehensive survey of the global healthcare blogging community, a systematic attempt to gather comprehensive opinion and demographic data. from the global community of healthcare bloggers. Learn more about and participate at Taking the Pulse of the Healthcare Blogosphere survey.

A Note to Fellow Immigrants

Friday, March 3rd, 2006

Franklin Roosevelt may or may not have begun an address to the Daughters of the American Revolution with the memorable line, “Fellow Immigrants.” (A curmudgeonly blogger says a reporter made up the quote.) If Roosevelt didn’t say it, he should have. It’s a great line and perhaps more compelling than ever. The current debate over illegal immigrants – as fractious and divisive as the debate over abortion – has created a fault line that runs through every aspect of our culture.
In an excellent article in the New York Times (registration required) by Nina Bernstein, we read about the effect on access to health care that well publicized “throw them out” legislative initiatives have had on undocumented immigrants. Not surprisingly, these immigrants are sensitive to anti-immigration sentiments. For example, knowing that identity requirements are tightening, Chinese immigrant workers in New York City are shying away from the conventional health system (which in many cases is not exactly welcoming) and relying more on traditional herbal remedies. Bernstein writes of the sad demise of Ming Qiang Zhao, a 52 year old restaurant worker who could not afford to continue treatment for his nasal cancer. He relied on street remedies until he finally collapsed in a coma. The system which discouraged him from securing ongoing treatment readily admitted him on an emergency basis: a very expensive proposition ($5,400 day) involving several near-bankrupt hospitals. Unable to decipher the effect of the herbal remedies that he had been taking, the doctors treated him as best they could until Ming died.
Who cares?
Beyond the humanitarian issues, beyond the inflammatory rhetoric seeking to toss the illegals out, is the reality of having a two-tier health care system. In the system that most of us subscribe to, treatment is readily available, pharmacology is the best in the world, and minor ailments are treated with respect and concern. In the parallel universe of undocumented immigrants, there are bootleg remedies and unlicensed practitioners – until you collapse and are taken by ambulance to an emergency room.
The public health implications of this two-tiered system are alarming. Bernstein quotes James Tallon, president of the United Hospital Fund: “Anything that keeps anyone away from the health system makes no sense at all. It takes one epidemic to change everyone’s attitudes about this.” (We’ve already blogged the terrifying conjunction of avian flu and illegal workers in the poultry industry.)
The debate over what to do about illegal immigration impacts every one of us. I highly recommend that Insider readers track the current debate in Washington through Peter Rousmaniere’s working immigrants blog, which is devoted solely to immigration-related issues.
Public Policy Parameters
The immigration issue is complex. There are no easy solutions. The problem is going to test us in ways that we can hardly envision. It brings to mind something that Roosevelt definitely did say: “When you get to the end of your rope, tie a knot and hang on. “I would hope to see the debate over immigration guided by a few basic assumptions:
– It’s neither feasible nor desirable to deport 11+ million undocumented people and their families.
– Undocumented workers are an important part of our economy. If they disappeared tomorrow, we would all suffer the consequences.
– It’s counter-productive to cut off immigrant access to the health care system. You don’t want people treated by quacks. Somehow, we must open health care to everyone residing in our borders. It’s the right thing to do and it’s in our own selfish interests to do it.
– No matter what people think about illegal immigration, we must develop some kind of fundamental accommodation, some way of making every immigrant visible, so that these people are able to engage in the mainstream culture on a basic level.
– As we figure out ways to accommodate undocumented workers, the cost of doing business will definitely go up. When the protective umbrella of fair labor laws and fundamental benefits begins to cover workers who are currently “off the books,” the cost of labor will rise.
– You can build walls to keep people out, but walls tend to become prisons for people on both sides.
There are undoubtedly many more assumptions could be added to this list. Insider readers should jump in on the discussion. This problem is not going away. And how we address it as a nation has powerful implications for all of us.

News roundup: blogs, RTW, meth users, ethics, and more

Monday, February 6th, 2006

Insurance weblogs. We are featured in an article about weblogs by Therese Rutkowski that appeared in the December issue of Insurance Networking News: Online Soapboxes Get Down to Business. Several of our fellow bloggers are cited too.
Returning to Work: Overcoming Injury and Achieving Success – an article written by Kurt Schuhl and Michael McMahon the January issue of Risk Management magazine.
Meth abusers cost employers millions – A recent study determined that each meth-using employee costs his or her employer $47,500 a year in terms of lost productivity, absenteeism, higher health-care costs and higher workers’ compensation costs.
Off-the-job injuries – A Stockton California police officer was denied workers comp for an off-duty injury he suffered while playing basketball. According to the court: “When an employee is injured during voluntary, off-duty participation in a recreational, social, or athletic activity, Labor Code section 3600, subdivision (a)(9) provides that the injury is not covered by workers’ compensation, unless the activity was “a reasonable expectancy of” the employment or it was “expressly or impliedly required by” the employment.”
The Weekly Toll. – Tammy at Confined Space reminds us all of the real reasons why we should be doing the work that we do – a grim reminder to redouble our efforts to keep workers safe.
Immigrant worker injuries – Our colleague Peter Rousmaniere points to a recent Massachusetts study that offers a breakdown of hospitalizations by medical diagnosis, job and ethnic orientation. The study shows a relationship between the type of job and the type of injury.
Drug dispensing by docs – Joe Paduda notes that workers comp prescription drug costs are driven by utilization and price. But are some docs compromised by a profit motive via on-site dispensaries now in vogue?
Looking out for the workers – RawblogXport reminds points to an item that paints a dismal portrait of the economic status of the American worker, who is working harder and longer for less pay. “For the first time on record, U.S. household incomes failed to increase for five straight years – and that record includes the Great Depression. And the minimum wage, adjusted for inflation, is actually worth less today than it was before the last increase was passed 10 years ago”
Is the U.S. economy strong? – In terms of wages and jobs, the U.S. economy is not as strong as it might appear, according to some recent economic studies, and as reported recently in the New York Times.
Ethics – According to a survey by theAmerican Management Association (AMA), pressure from management to meet unrealistic business objectives and deadlines is the leading factor for most unethical corporate behavior. The desire to further one’s career and to protect one’s livelihood are ranked second and third, respectively, as leading factors.
Scandal watch. Speaking of ethics, Business Insurance reports that an AIG settlement with the SEC and the NY AG may be pending. Meanwhile, Judy Greenwald speculates that there may be bigger fish to fry in the wake of recent indictments of senior execs at General Re Corp. and American International Group Inc.

The Myth of the Molly Maguires

Thursday, March 17th, 2005

I thought it might be an interesting commemoration of my Irish heritage to do a post about work conditions that my forebears faced as they immigrated to U.S. shores after the potato famine. Many were involved in the hard labor of building out the impressive canals, dams, and public works projects of the era. But as can easily happen in web wanderings, my searches took me a bit further afield, yet turning up some documents of note, such as an article in the Irish Examiner entitled “They

More on immigrant workers

Friday, April 16th, 2004

Recently, we posted about the AP investigation on Mexican workers and their shocking on-the-job death rate. Jordan Barab at Confined Space has an in-depth, not-to-be-missed follow-up to this story that discusses what OSHA is doing about immigrant worker safety.

And one of our readers pointed us to an article from the Palm Beach Post about the Florida workers comp law being biased against Hispanics:

“If the families of eight migrant farm workers killed in a rollover west of Fort Pierce lived in Canada, they would get $150,000 in workers compensation death benefits. But because they live in Mexico, they’re entitled to only $75,000.”

This egregious injustice is the result of a 1920s law that has never been rescinded, and although the Florida Supreme Court deemed this unconstitutional, in state reforms last year, not only wasn’t this unfairness addressed, the legislature actually upped the benefit for Canadians from $1000,000 to $150,000.

Although the law has been challenged successfully, left unchallenged, insurers still use it as a basis for settlements. For an immigrant family to prevail, they would have to know about the entitlement in the first place, be aware of the discrepancy, be aware of successful challenges to the law, and be willing to forego compensation during a lengthy court challenge. The article points out that “Since 1990, nearly 30 percent of the cases settled, according to Florida Division of Workers Compensation. The average settlement: $32,000.”