Seattle the Biggest Cruise Port on the West Coast

The Port of Seattle recently kicked off the 2017 cruise season with the inaugural visit of Holland America’s Eurodam to Terminal 91. Over one million revenue passengers on 218 vessels this season will make Seattle the biggest cruise port on the West Coast. With eleven ships offering Alaska cruise itineraries, it is a thriving industry that fuels the region’s economy.

The cruise industry in Seattle is responsible for over $500 million in economic impact to the region, providing more than 4,000 jobs and $18.9 million in state and local taxes, with each homeported vessel generating $2.7 million to the local economy.

The Port also will introduce a free cruise luggage valet program that will allow passengers to get their airline boarding pass and check their bags on board so they can spend time in Seattle before flying home. This program is expected to launch in the next several weeks.

For the latest on Cruise Seattle and what it means to our region, click here.

 

 

Wage Theft Claim Results in Fines for Evasion of Workers’ Comp Insurance

Employer who tried to skip out on paying workers’ comp must repay L&I nearly $12K 

The co-owner of a Mill Creek, WA housecleaning business has been ordered to pay the state more than $11,700 for trying to evade workers’ comp insurance bills.

Blake Joseph Standley, of Bothell, pleaded guilty last Thursday to third-degree theft and attempted false reporting, both gross misdemeanor offenses.

Snohomish County Superior Court Judge Richard Okrent sentenced Standley to 364 days in jail, but suspended all but 15 days, which were converted to community service.  Standley will face additional penalties if he commits a new crime or fails to follow restitution requirements in the next two years.

The Washington Attorney General’s Office prosecuted the case based on an investigation by the Washington State Department of Labor & Industries (L&I).

Charges are still pending against Monica Ann Covey-Standley, who was married to Blake at the time of the incidents, and ran their company’s daily operations. 

Paper trail, worker interviews

Standley filed reports to L&I in 2013 and 2014, claiming he had no employees in his housecleaning business, known as Kogaty Interiors.

However, an L&I investigation uncovered bank records showing the company was paying employees to clean houses during that time. Employees told investigators they worked for the company, and provided wage and tax statements, along with time sheets as proof.

According to charging papers, the couple should have paid nearly $12,000 in workers’ comp premiums.

Theft of wages

The theft charge stems from Standley’s failure to pay an employee for about two weeks’ worth of work cleaning houses in 2014. The worker told investigators that the couple ignored her emails and messages, and hung up whenever she called.

She filed a wage complaint to L&I, which determined the Standleys owed her about $1,000. Last week, Blake Standley paid the worker half of the wages, $515. Prosecutors will seek the remainder from Covey-Standley, who is scheduled to be tried on June 9.

Workers’ comp fraud raises costs

L&I administers the state workers’ comp system that provides medical and other services to help workers who are injured on the job heal and return to work. Employers and employees fund the system, and if some don’t pay, that raises rates for everyone else.

Report workers’ comp fraud at www.Lni.wa.gov/Fraud or call 1-888-811-5974.

 

Photo credit: janwillemsen via Foter.com / CC BY-NC-SA 

 

Mukilteo, WA Company Fined $645,000+ for Exposing Roofers to Fall Hazards

The WA Department of Labor and Industries issued a press release noting that a Mukilteo, WA roofing company faces large fines for multiple safety violations that exposed workers to potential falls from more than 30 feet high and other hazards at job sites in Issaquah and Vancouver.

The Washington State Department of Labor & Industries (L&I) has cited America 1st Roofing & Builders Inc., for 21 safety violations in all, found during four separate inspections. In total, the company faces $645,540 in penalties.

During the inspections, L&I discovered eight violations of rules that require proper fall protection equipment and work plans to protect employees working 10 feet off the ground or more. L&I inspectors saw employees working 11 to 18 feet off the ground. Based on the company’s history and prior knowledge of the hazards and regulations, these violations were cited as “willful,” each with a penalty of $66,000.

A ninth violation was also cited as willful with the maximum legal penalty of $70,000, after one inspection found an employee working unprotected on a rooftop 32 feet off the ground.

The inspections began in August 2016, when an L&I investigator saw a worker on the roof of a three-story home under construction. America 1st has been cited for repeat-serious violations of fall protection rules at least six times in the last three years.

“Seven construction workers fell to their deaths last year in our state,” said Anne Soiza assistant director for L&I’s Division of Occupational Safety and Health. “Falls are the leading cause of construction worker deaths and hospitalizations, and yet they’re completely preventable by using proper fall protection and following safe work practices.”

Along with the fall protection violations, America 1st was cited for unsafe ladder use; not ensuring walk-around safety inspections at the beginning of each job and weekly; not requiring hard hats when working under overhead hazards; scaffold safety; not having an accident prevention program; and for not having someone with first-aid training at the worksite.

The company has appealed, and the appeals are pending.

A serious violation exists when there’s a substantial probability that worker death or serious physical harm could result from a hazardous condition. A willful violation can be issued when L&I has evidence of plain indifference, a substitution of judgment or intentional disregard of a hazard or rule.

For a copy of the citation, contact Public Affairs at 360-902-5413.

 

Photo credit: Sailing “Footprints: Real to Reel” (Ronn ashore) via Foter.com / CC BY-NC-ND

KING5: Inside WA State’s Crane Inspections

Ryan Takeo, KING; April 26, 2017 –

As Seattle remains the nation’s crane capital, Labor & Industries described how it oversees the machines.

About two weeks ago, a crane in Seattle’s Belltown neighborhood malfunctioned and almost injured workers and a passing bicyclist.

“I have seven inspectors that are statewide,” said Brian Haight, Region 8 compliance manager for The Department of Occupational Safety and Health, which is part of Washington’s Labor & Industries.

The state relies on 70 state-certified, private inspection companies.

“They have to pass a rigorous set of tests and applications to have a certain level of experience,” he said.

Those private inspectors must sign off on the cranes before assembly, after assembly on-site, and at least once a year, according to Joe Sadler of Exxel Pacific. One of the general contractor’s sites is a new Even Staybridge Hotel by IHG at the corner of Mercer Street and Fairview Avenue in Seattle’s South Lake Union neighborhood. 

Sadler is Exxel Pacific’s safety director.

“The reason we have so many rules and regulations really is typically because at some point in time someone got hurt or worse,” he said.

The turning point was a deadly 2006 crane incident. It killed a man while he was inside his Bellevue apartment next to the construction site.

“It got everyone’s attention to the fact that there weren’t a lot of regulations out there,” said Haight. He said it spurred the state legislature to add regulation to the industry.

Read the rest of the report and see video version here…

 

Photo credit: GregoryH via Foter.com / CC BY-NC-SA

Worker Memorial Day Honored WA Workers Who Died as a Result of Job-Related Injuries and Illnesses

The Washington State Department of Labor & Industries hosts a Worker Memorial Day ceremony each spring to honor those who have died in the previous year from job-related injuries or illnesses. This year, fallen workers from all walks of life were remembered on April 27th during a ceremony at the Washington State Department of Labor & Industries’ (L&I) building in Tumwater. 

The state ceremony is one of many held in communities across the nation in April to remember those who died from work-related causes.

Families of the fallen workers were invited to attend the service, which included comments from speakers, a reading of the names of the workers who have died, and an outdoor portion where relatives were invited to ring a bell hanging in L&I’s Worker Memorial Garden. The names of the workers were also entered into a Worker Memorial book, displayed in the agency’s lobby. 

Eight truck drivers, five loggers, two nurses, a police officer, a fire chief and a flagger are among the 79 people who died from work-related causes who were honored at this year’s Worker Memorial Day observance. The men and women range in age from 19 to 90 and did all types of work, including retail clerk, business owner, truck driver, farmworker, chiropractor and arborist.

“Work-related deaths are devastating for the families and friends left behind. We should all be able to count on our loved ones returning home from work safely each day,” said L&I Director Joel Sacks. “There’s no greater legacy that we could create than preventing tragedies like these from ever being repeated.”  

Falls happen in all types of jobs, and they remain a leading cause of worker deaths. Violent crime also impacts workplaces. Eight work-related deaths last year were homicides, the highest number since 2009. Overall, recent data shows construction, trucking and agriculture continue to be among the most hazardous jobs for Washington workers. 

Workplace deaths in Washington are declining. In the early 2000s job-related deaths often numbered more than 100 annually. Still, Director Sacks said even one work-related death is too many.

The 79 workers who were remembered during the ceremony included those who died of incidents that happened in 2016, and people who passed away last year as a result of previous work-related illnesses or injuries. The ceremony also honored 12 people who died before 2016 but whose deaths were not included in previous observances.

Governor Jay Inslee took part in the ceremony, along with representatives of the Association of Washington Business, the Washington State Labor Council and the Washington Self-Insurers Association. The observance was also open to the general public.

For a complete list of those being honored, with photos and family comments for many of those honored, read more here.

Photo Credit: KUOW/JOHN RYAN  JAN 2, 2015

WA Women in Trades – The 38th Annual Career Fair

The 38th Annual Washington Women in the Trades Career Fair will be held at Seattle Center’s Fisher Pavilion on May 12th.

This event for students and work-ready women (and men!) will be a venue to teach, recruit workers, submit applications and in some cases land a high-paying job.  There will more than 80 exhibitors including colleges, vocational schools, government agencies, businesses, trades representatives and organizations offering apprenticeships. Schools from all over the region attend. Middle & High School aged students are introduced to the high paying, spirit empowering positions in the skilled trades.

Exhibitors include apprenticeship programs, governmental agencies, colleges, vocational training and corporations. Among many others, past participants have included King County, Gary Merlino Construction Company, Inc., the Boeing Company, and the Seattle Fire Department. Training programs include apprenticeships with the Sprinkler Fitters, Carpenters, Laborers, Operating Engineers, Pipefitters, Electricians, Elevator Engineers and of course, the Ironworkers. The Port of Seattle will be an exhibitor as part of the Port’s effort to build a workforce to meet future needs in maritime industries.

Some of the exhibits are outdoors. Don’t miss Seattle City Light’s famous climbing pole next to the equally famous Seattle Center Fountain!

Photo credit: The Library of Congress via Foter.com / No known copyright restrictions

 

Amazon to hire 5,000 at-home workers in massive hiring binge

Today’s post was shared by Jon L Gelman and comes from www.wbir.com.

Editor’s Note: work-from-home, particularly on a large scale, can make for interesting workers’ compensation coverage questions. – kc

Amazon announced Thursday it plans to add 30,000 part-time positions in the U.S. over the next year, part of a massive hiring binge by the online retailing giant.

The part-time hiring includes 5,000 jobs in Virtual Customer Service, which would allow employees to work as a customer service agent from home. The remaining 25,000 would be at Amazon warehouses. Any part-time employees who work 20 hours or more a week are also eligible for benefits.

"There are lots of people who want or need a flexible job — whether they’re a military spouse, a college student, or a parent — and we’re happy to empower these talented people no matter where they happen to live,” said Tom Weiland, Amazon’s vice president for worldwide customer service, in a statement.

It’s not clear how many warehouse jobs will be coming to Tennessee, but the state has one of Amazon’s largest shipping footprints with multiple warehouses around both Nashville and Chattanooga.

The part-time plan is part of a larger hiring spree by Amazon. In January, the company said it would add 100,000 full-time jobs in the U.S. with full benefits over the next 18 months. Most positions will be filled at fulfillment centers and in new fields including cloud technology and machine learning.

Amazon has bolstered its workforce over the last several years. In 2011, Amazon had more than 56,000 full- and part-time employees. By the end of its 2016 fiscal year, that number swelled to more than…

[Click here to see the rest of this post]

Dirty Tricks Lead To Reduced Benefits In Cuomo’s New Budget

Today’s post is shared from Workers’ Law Watch, written by Catherine Stanton of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. 

An  additional comment: many of the pressures from the business community that produced this disaster in New York are alive and well in the State of Washington. Brian Wright and his team are actively involved, with others in our community, in legislative work to protect the rights of all injured workers in Washington. – Jay Causey

Governor Cuomo signed a new budget this week. While many extolled his progressive agenda that included free college tuition for the middle class, renewing the millionaire’s tax, and giving a tax break on dues for union members, he also quietly and without much fanfare in the news media, struck a huge blow to injured workers. 

Unfortunately for those members of our society who no longer are able to work as a result of an injury, or sustained a life altering injury while on the job, their benefits became part of a horse-trade in Albany much to their detriment. Governor Cuomo, anxious to get his big publicity items in the budget in case he seeks higher office, seems to have used Workers’ Compensation as a bargaining chip. 

The Business Council circulated fake facts blaming injured workers’ benefits for the high cost of doing business in the state, when in reality employer costs nationwide for Workers’ Compensation are at their lowest levels in 35 years.  Locally, Workers’ Compensation costs in New York have declined dramatically as well; compensation is only a small portion of employer costs and is extremely profitable for insurers. The Business Council seems to have a number of members with strong ties to the insurance industry, which makes their position even further suspect.

In 2007, the Council was successful in lobbying to obtain caps on indemnity benefits and has now continued its assault so that the prior limit on weekly benefits will be further reduced. When caps were first put into place, they did not go into effect until judges determined that injured workers had reached maximum medical improvement and that their conditions could be classified as permanent. This new provision automatically starts the cap after 2½ years, regardless of a person’s abilities or condition, or whether or not he will ever be able to work again or find work that meets medical restrictions. It is up to the injured worker to show that he has not reached maximum medical treatment that the carrier can refute.  

The Business Council has continued its attack by alleging that permanent loss-of-use awards were unfair to the employer. They argue that the prior guidelines were outdated and did not take into consideration new advances in medicine. Again, fake facts! The guidelines are based on range of motion and loss of function after all modalities are exhausted, including new advances in medicine available. As a result, the new law directs the Board to “consult” with a group stacked with pro business and insurance interests, but no representatives of injured workers to “review” the current guidelines with the ultimate goal of reducing benefits. The fact that workers who have permanent life-altering injuries to their arms, legs, hands, feet, fingers, and toes have absolutely no say is extremely distressing.

When does this eroding away of Workers’ Compensation benefits end? Two years ago, ProPublica published a series of articles entitled “The Demolition of Workers’ Comp”.  They documented the cutbacks made in many states with disastrous consequences. Their report noted that since 2003, 33 states passed Workers’ Compensation laws that reduce benefits or make it more difficult to obtain benefits. New York is part of that list, having enacted laws not once, but twice, since then.

Many believe that reducing benefits to injured workers will force them back to work. Studies have shown that this is another myth perpetuated by the falsehood that injured workers are frauds. What happens in reality is that many injured workers are unable to work and are forced into poverty or have to collect alternate benefits. Social Security Disability benefits, which are paid by the American taxpayers, are generally offset by Workers’ Compensation benefits. Without Workers’ Compensation payable by the insurance carrier, the burden on the taxpayer is larger. Rather than the Workers’ Compensation insurance carrier paying for medical treatment, it is put through Medicare. This is known as cost shifting and it affects all of us, as we are the ones who end up paying – and paying dearly.

 

Proposed changes to Iowa workers compensation cruelly target elderly employees

Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore.

Anti-worker changes could be coming to Iowa workers compensation. To me the cruelest reform would be the proposal to end permanent total disability benefits at age 67 and limit workers who are over 67 who become permanently and totally disabled to 150 weeks of benefits. One memorable client of mine demonstrates the callousness of the proposed Iowa reforms.

My client Doris Newkirk was 83 years old when she was injured working as a hostess at Lone Star Steakhouse in west Omaha in June 2006. She was near a bathroom door when a large male co-worker came barreling into the bathroom and caused Doris to fall back and injure multiple parts of her body. Like many retirees, Doris worked because she needed the money. After her injury she was unable to work. Fortunately Doris was able to receive permanent total disability benefits to make up for the income she lost because she wasn’t able to work. Those permanent benefits started in September 2007 and continued for five years and 10 ½ months until her death on July 21, 2013.

If Nebraska law limited those injured over the age of 67 to 150 weeks of permanent total disability benefits, Doris wouldn’t have been paid anything for the last three years of her life. To her credit, Doris travelled from Omaha to Lincoln in her late 80s to testify against similar legislation when it was proposed in Nebraska. According the Business and Labor committee clerk at the time, the state Senator who introduced the bill at the behest of insurance interests made a motion to kill the bill after listening to her testimony.

Workers compensation is a cost of business. But according to CNBC, Iowa has the second lowest cost of doing business in the country. Iowa, like Nebraska, generally ranks well in national surveys of business climate. Iowa’s weakest area when it comes to business climate,  according to CNBC, is quality of workforce. Unlike Nebraska, Iowa lacks vocational rehabilitation for injured workers. If Iowa is looking to reform its workers compensation system, they should consider investing in vocational rehabilitation so injured workers can fully regain their ability to contribute to the economy in Iowa.

Opioid Task Force, Recent Studies, and CDC Opioid Recommendations

Today’s post comes from guest author Kristina Brown Thompson, from The Jernigan Law Firm.

The North Carolina Industrial Commission recently joined many other states (i.e. Massachusetts) in tackling the issue of opioids in the workers’ compensation cases by creating a Workers’ Compensation Opioid Task Force. The goal of the task force is to “study and recommend solutions for the problems arising from the intersection of the opioid epidemic and related issues in workers’ compensation claims.” According to the Chair, “[o]pioid misuse and addiction are a major public health crisis in this state.” 

As of last June, a study by the Workers’ Compensation Research Institute (WCRI) noted “noticeable decreases in the amount of opioids prescribed per workers’ compensation claim.” From 2012 – 2014, “the amount of opioids received by injured workers decreased.” In particular, there were “significant reductions in the range of 20 to 31 percent” in Maryland, Massachusetts, Michigan, Oklahoma, North Carolina, and Texas. 

Additionally last March, the Centers for Disease Control and Prevention (CDC) issued new recommendations for prescribing opioid medications for chronic pain “in response to an epidemic of prescription opioid overdose, which CDC says has been fueled by a quadrupling of sales of opioids since 1999.” 

Currently, the CDC’s recommendations for prescribing opioids for chronic pain outside of active cancer, palliative, and end-of-life care will likely follow these steps:

1.  Non-medication therapy / non-opioid will be preferred for chronic pain.

2.  Before starting opioid therapy for chronic pain, clinicians should establish treatment goals and consider how therapy will be discontinued if benefits do not outweigh risks.

3.  Before starting and periodically during opioid therapy, clinicians should discuss with patients known risks and realistic benefits of opioid therapy. 

Published by Causey Wright