March 16, 2015

OSHA News Release: New York City Transit Authority retaliates against employee for participating in safety inspection and filing complaint, OSHA finds [03/16/2015]

NEW YORK — It began as a routine safety inspection in August 2012 at the New York City Transit Authority's Linden Shop maintenance facility in Brooklyn. It ended with the U.S. Department of Labor's Occupational Safety and Health Administration finding that the transit authority and one of its supervisors discriminated against an employee for exercising his safety rights under the National Transit Systems Security Act. As a result, OSHA has ordered the NYCTA and supervisor Mark Ruggerio to pay the employee $52,500 in damages and take other corrective action.

March 16, 2015

OSHA News Brief: Health Care Products Inc. exposes production workers to amputation hazards [03/16/2015]

Employer name: Health Care Products Inc.

Investigation site: 410 Nisco Street, Coldwater, Ohio

Date investigation initiated and what prompted inspection: On Nov. 25, 2014, the U.S. Department of Labor's Occupational Safety and Health Administration's Toledo Area Office initiated an inspection of the feminine hygiene product manufacturer after receiving a complaint alleging unsafe working conductions.

March 16, 2015

OSHA News Brief: USPS cited for using defective forklift at main post office in Des Moines [03/16/2015]

Employer name: United States Postal Service

Investigation site: Main Post Office, 1165 2nd Ave., Des Moines, Iowa

Date investigation initiated and what prompted inspection: On Oct. 2, 2014, the U.S. Department of Labor's Occupational Safety and Health Administration initiated an inspection of the main post office in Des Moines after receiving an employee complaint alleging that unsafe forklifts were being used at the facility.

March 16, 2015

EBSA News Brief: US Labor Department sues fiduciaries of Northampton, Mass., health plan for unremitted contributions, unpaid healthcare claims [03/16/2015]

Date of Action: January 23, 2015

Type of Action: Complaint

Names of Defendants: Northampton Motor Classics LLC and Andrew Feuerstein

March 16, 2015

MSHA News Release: Mine Safety's Main reviews five years of progress at National Stone, Sand and Gravel Association meeting [03/16/2015]

ARLINGTON, Va. — Assistant Secretary of Labor for Mine Safety and Health Joseph A. Main told members at the annual convention of the National Stone, Sand and Gravel Association in Baltimore today that mining industry improvements in the past five years have laid the foundation for better protections for miners. "We are seeing significant reductions in chronic violators, improved industry compliance, and successful implementation of standards in metal and nonmetal mining," he said.

March 16, 2015

EBSA News Release: Obama administration publishes final rule on excepted benefits [03/16/2015]

WASHINGTON — The U.S. Departments of Labor, Health and Human Services, and Treasury have published final rules to amend the definition of excepted benefits to include certain limited coverage that wraps around individual health insurance. Such coverage would have to be specifically designed to provide meaningful benefits such as coverage for expanded in-network medical clinics or providers, reimbursement for the full cost of primary care, or coverage of the cost of prescription drugs not on the formulary of the primary plan.

March 13, 2015

Laser and Skin Surgery of New York ESOP overpays in $24M stock sale, US Labor Department charges in lawsuit

NEW YORK – Accurate company valuations are critical when it comes to establishing an Employee Stock Ownership Plan. Too often, company owners seek to inflate the price to benefit themselves at the expense of workers. The U.S. Department of Labor alleges that this is what Dr. Roy Geronemus, owner of the Manhattan-based Laser and Skin Surgery Center of New York, and plan trustee Samuel Ginsberg did when they created the Laser Skin and Surgery Center Employee Stock Ownership Plan in 2009.

March 13, 2015

OSHA News Brief: OSHA issues hazard alert letter to Hope Elephants following death [03/13/2015]

Employer name: Hope Elephants

Inspection site: 49 Hatchet Rd., Hope, Maine 04847

Date of incident: James Laurita, co-founder, curator and elephant manager of the Hope Elephant Refuge was found dead in the refuge's compound on Sept. 9, 2014, with a crushed chest.

March 13, 2015

EBSA News Release: Laser and Skin Surgery of New York ESOP overpays in $24M stock sale, US Labor Department charges in lawsuit [03/13/2015]

NEW YORK — Accurate company valuations are critical when it comes to establishing an Employee Stock Ownership Plan. Too often, company owners seek to inflate the price to benefit themselves at the expense of workers. The U.S. Department of Labor alleges that this is what Dr. Roy Geronemus, owner of the Manhattan-based Laser and Skin Surgery Center of New York, and plan trustee Samuel Ginsberg did when they created the Laser Skin and Surgery Center Employee Stock Ownership Plan in 2009.

March 12, 2015

US Labor Department secures appointment of independent fiduciary to administer abandoned North Billerica, Massachusetts, retirement plan

Date of Action: March 9, 2015

Type of Action: Consent Judgment and Order

Name of Defendant: Electronic Business Solutions Inc.

March 12, 2015

OSHA News Release: OSHA cites Affordable Exteriors for 7th time in 10 years for failing to provide fall protection to roofers [03/12/2015]

Niece Products of Kansas faces more than $60K in fines for endangering workers

March 12, 2015

EBSA News Brief: US Labor Department files lawsuit against Longmont, Colorado, administrator for receiving illegal commission payments [03/12/2015]

Date of Action: March 9, 2015

Type of Action: Judgment to permanently enjoin from serving as a fiduciary to any retirement benefit plan subject to the Employee Retirement Security Income Act of 1974 and from violating the act.

Name(s) of Defendant: Alvin Martin Mavis

March 12, 2015

OWCP News Release: Direct Final Rule and Notice of Proposed Rulemaking seeks to modernize document and info transmission of Longshore claims [03/12/2015]

WASHINGTON — The U.S. Department of Labor's Office of Workers' Compensation Programs is expanding the means by which documents and information can be transmitted between OWCP and its stakeholders. A direct final rule and a proposed rule published in the March 12 issue of the Federal Register apply to claims handled by OWCP's longshore program.

March 12, 2015

OPA News Brief: Edward M. Kennedy inducted into Labor Hall of Honor [03/12/2015]

Who: U.S. Secretary of Labor Thomas E. Perez; former Labor Secretaries William E. Brock, Elaine Chao and Alexis M. Herman; Victoria Reggie Kennedy; Patrick Kennedy; Edward Kennedy Jr., William Kennedy Smith; U.S. Sens. Richard Durbin and Elizabeth Warren; and former congressman John Tierney.

March 11, 2015

OWCP News Release: Town hall meetings in Colorado will assist nuclear weapons workers [03/11/2015]

WASHINGTON — The U.S. Department of Labor will host three town hall meetings on March 18 in Westminster, Colorado, to provide nuclear weapons workers, including those who worked at the Rocky Flats Plant, with information about the Energy Employees Occupational Illness Compensation Program Act and the medical benefits provided to approved claimants under the program.

March 11, 2015

OSHA News Release: Serial violator Stephen Lessard faces contempt charges for ignoring OSHA safety hazards, failing to pay $400K in fines [03/11/2015]

Roofing contractor flouts prior court order; continues to put workers at risk of falls

BOSTON — A Maine roofing contractor's continued refusal to obey a federal court order to correct safety hazards and pay more than $400,000 in fines could send him to jail.

March 10, 2015

OSHA News Brief: Yonkers roofing contractor cited for seven repeat and four serious violations after exposing employees to potentially fatal falls [03/10/2015]

Employer name: Franco Roofing, Inc., roof construction contractor, Yonkers, N.Y.

Inspection site: 58 Edgemont Road, Katonah, N.Y. 10536

Date inspection initiated: OSHA's Tarrytown Area Office began an inspection on Oct. 20, 2014, when OSHA inspectors who were driving by the worksite observed employees working without fall protection.

March 10, 2015

OSHA News Brief: OSHA fines Martinsburg, W. Va., contractor more than $109,000 for fall hazards at Morgantown, W. Va., work site [03/10/2015]

Employer name and location: Framing, siding, and roofing contractor K&F Construction Inc., P.O. Box 6013, Martinsburg, W. Va. 25402

Inspection site: Suncrest Village, 1000 Suncrest Village, Morgantown, W. Va. 26505, where K&F Construction employees performed roofing operations as part of the construction of three-story townhomes.

March 10, 2015

OSHA News Release: 58-year-old worker dies because Bridgeton, Missouri, manufacturer ignores safety hazards [03/10/2015]

BRIDGETON, Mo. — A 58-year-old maintenance worker was killed after he was pinned between a scrap metal table and a railing at Hussmann Corp.'s Bridgeton facility, an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration found. OSHA said the company failed to prevent the table from lowering unintentionally. As a result, Hussmann received three willful and 12 serious safety violations after the Sept. 6, 2014, incident.

March 10, 2015

OSHA News Release: Advance Auto Parts exposes workers to asbestos, mold hazards [03/10/2015]

KANSAS CITY, Mo. — A worker alleging the existence of asbestos, mold and hygiene hazards led to an inspection of an Advance Auto Parts store in Kansas City, where the U.S. Department of Labor's Occupational Safety and Health Administration found one repeated and 10 serious safety and health violations with fines of $60,000.