The Changing Face Of
Workplace Safety and Worker’s Compensation

Safety has always been an issue for employees. In today’s world workers face new risks and new twists on old dangers. As the problems become more complex, so do the solutions. The government’s role, in establishing safety regulations as well as providing compensation, is growing. New and developing technology provides opportunities to improve safety, and just as quickly, employers are finding ways to exploit new technology in an effort to avoid worker’s compensation claims.

Terrorism

Worker’s compensation insurance was not designed to handle claims for the massive deaths and injuries caused by terrorist attacks like the events of 9/11, but worker’s compensation laws prohibit insurance companies from excluding acts of terrorism from their policies. In 2002 congress passed a federal terrorism backstop program that requires the federal government to pay 90% of the cost of an attack by foreign terrorists for losses greater than $10 billion, up to a total of $100 billion. The government will pay a smaller amount for losses less than $10 billion.

Smallpox vaccines and first responders
In the wake of 9/11 President Bush required military personnel, and urged emergency first responders to get vaccinated for smallpox in fear of bio-terrorism. Unfortunately several people have died from the vaccine and many more have suffered adverse health effects. Even those who did not get vaccinated, but simply came into contact with someone who has, can be harmed by the vaccine. The issue has become complex because workers compensation has refused to cover harm caused by the vaccine, considering it to be voluntary, but since the President has set a goal for getting first responders vaccinated, it is considered mandatory to others. Finally, in May 2006 the Department of Health and Human Services issued the final rules for the Smallpox Vaccine Injury Compensation Program, meant to help compensate those who have been harmed by the vaccine.

Domestic violence and stalking
In 2002, the U.S. Occupational Health and Safety Administration (OSHA) began requiring employers to report domestic violence incidents. Prior to that time, acts of domestic violence occurring at the workplace were exempt from reporting. Now, OSHA says that some acts of domestic violence can be prevented by employers who take basic measures to ensure worker safety. A study by the Workplace Violence Research Institute found that as many as 15% of workplace homicides were related to stalking. The National Violence Against Women Survey reports that 25 percent of all stalking victims report losing time from work due to stalking and 7 percent never return to work (NIJ 1998). Employers are just beginning to address the issue and take precautionary measures.

Mining
Since the Mine Health and Safety Act was passed in 1977, mining deaths and injuries have dropped significantly. However, in 2001 and 2002, 17 health and safety rules were removed. These rules, some of which applied to mine rescue teams and self-contained self-rescue devices, could have saved the miner who died in the Sago mine in 2006. The Mine Health and Safety Administration (MSHA) and the state of West Virginia have both implemented emergency rules and legislation to improve mining safety since the recent mine tragedies. The state of Kentucky has passed new permanent mining safety laws. At the federal level, on June 15, 2006, the Mine Improvement and New Emergency Response Act (MINER) was signed into law.

Energy Employees Occupational Illness Compensation Program Act
For decades the general public has known that working with nuclear weapons and uranium carries high risk and often results in long-term illness and death. The federal government has been reluctant to acknowledge and compensate for the injuries sustained by energy workers, but in 2000 finally passed the Energy Employees Occupational Illness Compensation Program Act, providing some relief for energy employees and their families. The program compensates and pays medical expenses for eligible persons who have sustained occupational diseases due to exposure to toxic substances, particularly radiation exposure, while on the job. Eligible persons include Department of Energy (DOE) employees, some DOE contractors and their employees, and uranium miners and millers who work in specific areas, and their survivors.

Genetic Testing
In March 2000, the Burlington Northern and Santa Fe Railroad (BNSF) began secret DNA testing on employees who filed worker’s compensation claims for carpal tunnel syndrome. A medical examination to determine injury is a normal part of the claims process, but the BNSF examination included testing for genetic predisposition to carpal tunnel syndrome. After The Equal Employment Opportunity Commission (EEOC) initiated a lawsuit in protest of the program, BNSF agreed to stop the testing and compensate the affected employees. Currently, the Genetic Information Nondiscrimination Act is being considered in Congress. This bill prohibits discrimination on the basis of genetic information with respect to health insurance and employment. It is unknown at this time how the final version, if passed, will affect worker’s compensation.

If you have questions about how workers compensation affects you in your particular employment situation, please contact an experienced workers compensation attorney today such as Marc Whitehead of Houston, Texas.