Friday, December 26, 2014

How Santa Can Improve Safety And Prevent Injuries

When we talk to employers about safety, the most common question asked is “What can we do to create a culture of safety?”
This is quite a question, and there really is no direct answer that will work for each employer.  Every employer brings their own set of circumstances, their own environments, their own staff issues, and so on. But the most common start can be with watching what their employees are doing each and every day.  If you want safety, you cannot just talk about it.  Sure it is great to talk the talk, but you have to walk the walk.
“He See’s You When You’re Sleeping, He Knows When You’re Awake, He Knows If You’ve Been Bad Or Good, So Be Good for Goodness Sake”
Santa would be a heck of a supervisor, he always has eyes on you.  His approach on keeping kids in line would be a helpful training for all the supervisors out there looking to improve safety.
Just like Santa, the first step starts with the supervisors watching their staff.  When an incorrect action or unsafe act is observed, it should be seen as an opportunity to prevent and correct that behavior from happening again before an injury happens.  Supervisors cannot be everywhere at once, but their constant involvement is what will lay the path of correction.
 A useful tool is the Employee Safety Observation sheet.  Each supervisor should be spending time throughout the week watching their staff, and if a safety infraction occurs they should be immediately pulled aside and the employee safety observation form should be completed, signed off on, and corrective action implemented.  Whether or not you discipline is up to you, but disciplinary measures are always helpful to reinforce the fact that the old way of doing things is long gone.  The sooner you implement corrective action, the closer you are to creating an atmosphere and culture of safety at your plant. 
Document & Report The Naughty or Nice List
I have attached a sample form below, and this can be modified or changed to fit any department, any job, and any measure.  Be creative, and stick to your guns on these issues.  Remember it has to be drilled home that the old way of cutting corners is a thing of the past.  The sooner your workers realize this, the safer your plant can become.
Capture

WHERE UNSAFE BEHAVIOR WAS OBSERVED ADDRESS THE FOLLOWING:

Reason employee gave for unsafe behavior:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________

Constructive corrections:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________

Follow-up (if necessary):
__________________________________________________________________________________________________________________________________________________________________________________________________________________________

Where no unsafe behavior was observed provide the following positive reinforcement/recommendations:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________
Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Thursday, December 25, 2014

Merry Christmas & happy Holidays from The Law Office of O'Toole & Sbarbaro, P.C.


Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, December 22, 2014

Obesity Could Be a Disability, EU Court Says Obesity Could Be a Disability, EU Court Says

Billund, DK (WorkersCompensation.com) - Karsten Kaltoft of Billund, Denmark, spent 15 years working as a daycare provider for the city. But in 2010, the city yanked his employment contract and fired him.

The city of Billund claimed to base his dismissal on a dwindling number of children needing care, but did not specify why it chose Kaltoft for the chopping block. What was discussed during his exit interview, however, was the fact that Kaltoft is - and had been throughout his 15-year employment with the city - obese.

Although the city denied Kaltoft's obesity was a motivating factor in his dismissal, the man's union sued for employment discrimination. The Danish court hearing the case asked the European Court of Justice whether EU law prohibits obesity discrimination at all, and whether obesity can be considered a disability for employment-law purposes.

In an opinion issued Tuesday, the EU high court held that obese persons are not - in and of themselves - a protected class of people under either Europe's employment laws or in its constitution. But the condition may be a disability that must be accommodated like any other limitation, the court said.

"That concept of 'disability' must be understood as referring not only to the impossibility of exercising a professional activity, but also to a hindrance to the exercise of such an activity," the Luxembourg-based court wrote. "Any other interpretation would be incompatible with the objective of EU law, which aims in particular to enable a person with a disability to have access to or participate in employment."

The court added: "The concept of 'disability' does not depend on the extent to which the person may or may not have contributed to the onset of his disability."
Like any disabled worker, employers must make accommodations so that employees can work - and advance - like anyone else. The fact that the city of Billund may not have accommodated Kaltoft does not mean he can't be considered disabled under the law, the court said.

The Danish court must decided whether Kaltoft meets the EU's legal definition of disabled, which "must be understood as referring to a limitation which results in particular from long-term physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers," the court concluded.

Interestingly, the city of Billund gave Kaltoft - as part of its health initiative - financial incentives to lose weight in 2008. He lost weight but gained it back by the following year, according to the opinion.
Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, December 8, 2014

The Law Office of O’Toole & Sbarbaro, P.C. remembers Dave Conner.

The Law Office of O’Toole & Sbarbaro, P.C. is saddened by the passing of Dave Conner.  Dave Conner was a supervisor, mentor and good friend to John Sbarbaro during his tenure at the United States Attorney’s Office.  His full obituary appeared in the Friday, December 5, 2014, Denver Post and can be found here:  Longtime prosecutor, Denverite Dave Conner dies of cancer - The Denver Post


Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Wednesday, December 3, 2014

What percentage of earnings should be replaced by temporary disability benefits?

Workers’ compensation levels for temporary disability are of critical importance to workers and their families.  Any discussions I’ve read recently are around “benefit adequacy” of temporary disability benefits.  This is, of course, critically important but misses some important points.

Workers’ suffer from work-related injuries.  No one can share the physical and psychological pain.  Workers’ compensation is intended to offset the financial impact in terms of lost wages.  In addition to the pain and suffering of the work-related injury, workers must also bear the earnings lost that are not compensated by workers’ compensation temporary disability payments.  As with uncompensated waiting periods and earnings above the maximum insurable, workers are self-insured for the difference between what they lose in wages and what they get in compensation.

The obvious benefit adequacy argument characterizes the loss as a worker deductible.  It also shifts the cost of work-related injury from employer to worker.  The lower the cost to the employer, the less the incentive to invest in worker safety and return-to-work initiatives.  Workers’ compensation costs are part of the prevention feedback mechanism.  The historic trade-off that made workers’ compensation the exclusive remedy envisioned that costs of workplace injury would not unduly shift costs as well as the burden of injury upon the worker.

How much of the worker’s loss should be compensated?  The National Commission on State Workmen’s Compensation Laws (July 1972) said the following:
We recommend that cash benefits for temporary total disability be at least two-thirds of the worker's gross weekly wage. The two-thirds formulation should be used only on a transitional basis until the State adopts a provision making payments at least 80 percent of the worker's spendable weekly earnings. (See R3.6 and R3.7)  [Emphasis added]

Here we are more than four decades after Professor Burton’s authoritative and comprehensive report and the fact is only 10 US state have made progress toward meeting this recommendation.  By contrast, all Canadian jurisdictions could be assessed as having met the recommendation with the majority exceeding the “at least 80% of net” standard set out in the report’s recommendation. [see accompanying table]



Beyond the benefit-adequacy argument, the financial costs of work-related injury being borne by workers are real and measurable cost.  Workers and their families bear other costs and there can be debates about what estimates of those ought to include.  Temporary Disability losses are easily quantifiable into the portion covered by workers’ compensation insurance and the portion self-insured by the workers themselves.

If the work at least 80% of that loss.  Clearly a handful of US states and most Canadian jurisdictions have found ways to meet this standard.  Doing so may be fundamental to preserving workers’ compensation as the essential social insurance program it has become in the world today.
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Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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