OSHA issues final rule updating walking-working surfaces standards and establishing personal fall protection systems requirements

OSHA issues final rule updating walking-working surfaces standards and establishing personal fall protection systems requirements


WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration today issued a final rule updating its general industry Walking-Working Surfaces standards specific to slip, trip, and fall hazards. The rule also includes a new section under the general industry Personal Protective Equipment standards that establishes employer requirements for using personal fall protection systems.

“The final rule will increase workplace protection from those hazards, especially fall hazards, which are a leading cause of worker deaths and injuries,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “OSHA believes advances in technology and greater flexibility will reduce worker deaths and injuries from falls.” The final rule also increases consistency between general and construction industries, which will help employers and workers that work in both industries.

OSHA estimates the final standard will prevent 29 fatalities and more than 5,842 injuries annually. The rule becomes effective on Jan. 17, 2017, and will affect approximately 112 million workers at seven million worksites.

The final rule’s most significant update is allowing employers to select the fall protection system that works best for them, choosing from a range of accepted options including personal fall protection systems. OSHA has permitted the use of personal fall protection systems in construction since 1994 and the final rule adopts similar requirements for general industry. Other changes include allowing employers to use rope descent systems up to 300 feet above a lower level; prohibiting the use of body belts as part of a personal fall arrest system; and requiring worker training on personal fall protection systems and fall equipment.

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. For more information, visit www.osha.gov.
OSHA News Release:
11/17/2016

USDOL obtained a permanent injunction against Sullivan Granite Co. LLC and its owner, Conrad J. Smith, ordering him to correct all safety hazards at Brown’s Meadow Quarry in Sullivan, Maine

US Labor Department obtains permanent injunction against Maine’s Sullivan Granite to ensure safety inspections of quarry
Brown’s Meadow Quarry operator blocked MSHA inspections repeatedly


ARLINGTON, Va. – The U.S. Department of Labor’s Mine Safety and Health Administration has successfully obtained a permanent injunction against Sullivan Granite Co. LLC and its owner, Conrad J. Smith, ordering him to correct all safety hazards at Brown’s Meadow Quarry in Sullivan, Maine, and prohibiting him from refusing agency inspectors entry to conduct safety inspections.

The department obtained a temporary restraining order on Nov. 18, 2015, after the company’s representatives hindered inspections in August and September 2015, and also refused or failed to provide documents and information related to the inspections. MSHA inspectors attempted a re-inspection on Dec. 16, 2015, but the defendants defied the restraining order and interfered with the inspection. The department then moved for a contempt hearing.

Judge John A. Woodcock, Jr. of the U.S. District Court for the District of Maine signed the injunction on Oct. 24, 2016. It bars Smith and his company from refusing entry to MSHA inspectors and otherwise hindering or delaying the department in carrying out its duties under the Federal Mine Safety and Health Act of 1977. The order also prevents the defendants from violating orders issued by the Secretary of Labor under the act.

“MSHA conducts inspections to determine if hazards exist in mining operations and to require their correction if they do. It is essential that these inspections take place to prevent injuries and deaths of our nation’s miners,” said Joseph A. Main, assistant secretary of labor for mine safety and health.

“MSHA takes its obligation to inspect every mine, including every quarry, covered under the Mine Safety and Health Act very seriously,” said Michael Felsen, the department’s New England regional solicitor. “This lawsuit demonstrates the department’s commitment to the protection of every mine worker, and its determination that mine operators cooperate in ensuring their workers’ safety and health.”

Smith signed the settlement Oct. 24, 2016, agreeing to correct all cited safety violations from Aug. 17, 2015 through Aug. 18, 2015, and Sept. 1, 2015 through Dec. 16, 2016, as well as from any other MSHA inspections. The settlement contains provisions that subject Smith to sanctions the court deems appropriate if he fails to comply with its terms. MSHA re-inspected the mine on Oct. 5, 2016.

Read the department’s motion for a permanent injunction and the judge’s order granting the motion.

Attorneys James L. Polianites and Ralph Minichiello of the department’s regional solicitor’s office litigated the case for MSHA.

Section 108 of the Mine Act provides for injunctive relief against noncompliant mine operators who interfere with, hinder or delay inspections of mines. Additional information is available at http://www.msha.gov.
MSHA & SOL News Release:
11/17/2016

Cal/OSHA Cites Solar Panel Installers Elite Electric Inc. for Willful Failure to Protect Employee from 29-Foot Fall

Newsline No.: 2016-107 Date: November 17, 2016


Cal/OSHA Cites Solar Panel Installers Elite Electric Inc. for Willful Failure to Protect Employee from 29-Foot Fall


Fontana—Cal/OSHA has cited Elite Electric Inc. for serious and willful safety violations after a worker installing solar panels in Fontana fell 29 feet through a skylight. Elite did not provide their employees with required fall protection, even though the Riverside company charged the building owner for it. As a result, the 29-year-old employee suffered severe head trauma, cognitive impairment, multiple pelvis fractures, fractured ribs and a collapsed lung.

Cal/OSHA investigators learned that when the accident occurred on June 13, there was no evidence of fall protection at the site, despite the hazards presented by more than 140 skylights in the roof of the building, a rooftop access hatch, and the unguarded edges of the roof. The employee who fell did not receive any personal protective equipment from his employer.

“Falling is the leading cause of death in the construction industry,” said Cal/OSHA Chief Juliann Sum. “It is critical for employers to prevent workers—especially those working from great heights—from being injured or killed from falls. This employer was aware of their responsibility and completely failed to fulfill it.”

Cal/OSHA issued five workplace safety citations to Elite Electric this week, with proposed penalties of $130,125. One of the citations is general, three are serious, and one is willful-serious. A serious violation is cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition. A willful violation is cited when the employer is aware of the law and violates it nevertheless, or when the employer is aware of the hazardous condition and takes no reasonable steps to address it.

In this case, the willful-serious violation stems from Elite Electric’s failure to protect employees approaching within 6 feet of any skylight during the installation of solar panels from falling through them. It is a requirement that employers use such measures as guardrails, personal fall protection systems, covers, screens or nets. Elite obtained payment for these protections, which is evidence that company management was aware of the need for them.

Cal/OSHA helps protect workers from health and safety hazards on the job in almost every workplace in California. Cal/OSHA’s Consultation Services Branch provides free and voluntary assistance to employers to improve their health and safety programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services. Cal/OSHA has also published a wealth of helpful guides for employers, including ones on mitigating health and safety hazards at construction sites.

Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734). The California Workers’ Information line at 866-924-9757 provides recorded information in English and Spanish on a variety of work-related topics. Complaints can also be filed confidentially with Cal/OSHA district offices.

Members of the press may contact Erika Monterroza or Peter Melton at (510) 286-1161, and are encouraged to subscribe to get email alerts on DIR’s press releases or other departmental updates.

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The California Department of Industrial Relations, established in 1927, protects and improves the health, safety, and economic well-being of over 18 million wage earners, and helps their employers comply with state labor laws. DIR is housed within the Labor & Workforce Development Agency. For general inquiries, contact DIR’s Communications

Call Center at 1-844-LABOR-DIR (1-844-522-6734) for help in locating the appropriate division or program in our department.

Linda Gibb and Donna Geraci aided the U.S. government and the State of New York in recovering more than $10 million over allegations of systemic Medicare and Medicaid fraud by Zwanger-Pesiri Radiology, a large practice with more than 20 locations on New York's Long Island.

Long Island's Zwanger-Pesiri Radiology to Pay Over $10 Million Over Allegations of Medicare and Medicaid Fraud

Long Island Natives Reported Systemic and Abusive Billing Practices, Including:

- performing unnecessary and excessive testing;

- purposely scheduling tests based on financial gain, not patient need;

- falsifying the identity of rendering radiologists while using the services of uncredentialed physicians; and

- charging for services not performed.

WASHINGTON, Nov. 17, 2016 /PRNewswire/ -- Linda Gibb and Donna Geraci aided the U.S. government and the State of New York in recovering more than $10 million over allegations of systemic Medicare and Medicaid fraud by Zwanger-Pesiri Radiology, a large practice with more than 20 locations on New York's Long Island.

The settlement with Zwanger resolves a case initially brought by qui tam relators Ms. Gibb and Ms. Geraci and later joined by the federal government and the State of New York that accused Zwanger of overbilling Medicare and Medicaid. In addition, Zwanger pleaded guilty to two criminal charges of healthcare fraud.

Soon after joining Zwanger in 2010, Ms. Geraci discovered that the company regularly falsified Medicare and Medicaid claims for services rendered by uncredentialed physicians or at unenrolled practice locations. Senior executives directed her to do whatever was necessary "to get the claims paid." Despite her warnings that this constituted fraud, Zwanger continued to engage in its schemes.

Similarly, Zwanger executives ordered its schedulers to "split up" certain tests, i.e. schedule them on different days, no matter how inconvenient and contrary to patients' needs, because Zwanger was paid more when the tests were split.

Ms. Gibb complained repeatedly about these and other improper practices, such as automatically performing pelvic and transvaginal ultrasounds — an extremely invasive physical exam — on female patients when their treating physicians had ordered only one of these tests.

Under Dr. Mendelsohn's direction, Zwanger created multiple systems to automatically implement its fraudulent schemes. For example, when patient tests were ordered, Zwanger's computer systems automatically scheduled additional tests that the patient's treating doctor had not requested. In addition, when an unenrolled physician performed services, the computers, through a mechanism known as "the switch," automatically sent out bills under Dr. Mendelsohn's name.

In 2014, as a result of the investigation prompted by Ms. Gibb and Ms. Geraci's allegations, the Federal Bureau of Investigation and U.S. Department of Health & Human Services' Office of Inspector General raided Zwanger's Lindenhurst offices.

Zwanger has agreed to settle claims related to: (1) the automatic performance of unnecessary tests, specifically DXA and vertebral-fracture assessment tests and pelvic and transvaginal ultrasounds (performing both when only one was necessary) and (2) billing for services performed by uncredentialed physicians or at unenrolled locations by billing under Dr. Mendelsohn's name or by improperly using the provisions allowing for a temporary fill-in doctor. For reasons unrelated to the veracity of Ms. Gibb and Ms. Geraci's allegations, additional schemes alleged in their complaint and perpetrated by the Zwanger defendants were not pursued by the government.

In total, the U.S. and New York will recover $8,122,898 in civil damages from the allegations of Medicare and Medicaid fraud, and Zwanger will pay an additional $2.4 million in criminal restitution as part of the guilty plea to a criminal charge of healthcare fraud. The civil case was brought under the federal False Claims Act and the New York False Claims Act. Ms. Geraci and Ms. Gibb will receive a portion of the government's civil recovery for reporting the fraud and for the assistance they provided with the subsequent investigation.

"Unfortunately, because of what can only be deemed a technicality, and despite clear evidence of inappropriate 'splitting' behavior — forcing patients to schedule appointments over the course of several days to increase reimbursement — the government was unable to intervene in our clients' claims related to Zwanger's splitting," McCormack said. "Our clients' hope is that CMS sees the damage that this practice can do to patients and closes the door on this abusive behavior. Patients deserve better from their physicians."

"Ms. Geraci and Ms. Gibb are courageous, spirited women who refused to stand by and watch their neighbors and friends be exploited and abused," said Knobler, an associate in Constantine Cannon's Washington, D.C., office. "They believe — as do most of us — that our physicians and healthcare professionals owe us a sacred duty of good faith. The profession and trust we place in them demands it. Dr. Mendelsohn and the Zwanger entities betrayed this trust and broke this duty. Ms. Gibb and Ms. Geraci put relationships and employment opportunity in potential jeopardy to pursue justice for this betrayal."

Ronald Durand, 44, Marleen Ayen, 64, and Anthony Hull arrested on felony charges of Workers’ Compensation fraud.

3 Jefferson County Residents Charged With Workers' Comp Fraud

 Story Updated: Nov 15, 2016 at 3:37 PM EST


Three people from Jefferson County have been arrested on felony charges of Workers’ Compensation fraud.

The announcement was made Tuesday by New York State Inspector General Catherine Leahy Scott.

A Jefferson County grand jury indicted:

- Ronald Durand, 44, of State Route 411, Lafargeville, was charged with third-degree grand larceny, third-degree criminal possession of stolen property, third-degree insurance fraud and first-degree offering a false instrument for filing.

- Marleen Ayen, 64, of Main Street, Antwerp, was charged with third-degree grand larceny, third-degree criminal possession of stolen property, first-degree falsifying business records and the Workers’ Compensation crime of fraudulent practices

- Anthony Hull, who Ayen described as her fiancé and who lives at the same address, was charged with first-degree offering a false instrument for filing and the Workers’ Compensation crimes of fraudulent practices and failure to secure the payment of compensation.

Durand allegedly began receiving Workers’ Compensation benefits in March 2013 after claiming a back injury while working delivering jugs of drinking water.

According to the Inspector General, since that injury, Durand repeatedly claimed to medical providers, his employers’ insurance carrier and the State Workers’ Compensation Board that his disability made him unable to work or do most anything except rest and heal.

Repeated surveillance allegedly found Durand at the Watertown YMCA within months of his reported injury bench pressing as much as 335 pounds, performing military press ups with 180 pounds of weight and doing lateral pull downs, shoulder shrugs, curls and triceps pushdowns with significant amounts of weight.

The investigation determined he received nearly $3,200 in Workers’ Compensation benefits to which he was not entitled, Leahy said.

In a separate investigation as part of a countywide Workers’ Compensation fraud initiative, it was found that Ayen had been receiving Workers’ Compensation benefits since claiming a work-related injury in 2004.

In 2015, she attested to her insurance company that she had not been working in any capacity.

However, the Inspector General says an investigation found Ayen was indeed working at Anthony Hull’s hardware store, Robbins Hardware, located in Antwerp, and received nearly $3,200 in benefits to which she was not entitled.

Additionally, Hull allegedly had no Workers’ Compensation coverage for his employees and claimed he had no employees when he did.

Durand, Ayen and Hull were each arraigned on the indicted charges Tuesday in Jefferson County Court.

All three are due to reappear in court in December and January.


Under State law, employers are required to maintain Workers’ Compensation coverage for their employees, and employees are expected to provide truthful information regarding their work activity to insurance carriers and the Workers’ Compensation Board during the time they are receiving benefits.

Workers’ Compensation fraud impacts all New Yorkers, from increased insurance premiums to increased workloads for coworkers and an overall reduction in workforce productivity.

Inspector General Leahy Scott thanked the State Department of Financial Services and State Insurance Fund for their assistance with the investigations, the State Police for their assistance with the arrests, and Jefferson County District Attorney Kristyna S. Mills and her office for prosecuting this matter.

The defendants are all presumed innocent until and unless proven guilty in a court of law.