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Issue 21

December 2007

 

 GOVERNMENT WATCHDOG  
 

Fatality Data

 

There were 5,073 fatal work-related injuries reported in the U.S. in 2006, a rate of 3.9 fatalities per 100,000 workers, according to the Bureau of Labor Statistics. The rate is lower than any year since 1992, when work fatality data were first collected. Highway accidents remain the leading cause of work fatalities. Visit www.osha.gov/pls/oshaweb.

 

Immigration Rules

 

Under a final federal rule announced in August, employers are liable for hiring undocumented workers if they receive a no-match letter from the Social Security Administration (SSA) and fail to respond within 90 days. A no-match letter is sent when the SSA discovers that a Social Security record does not match the information provided by the employer. The final regulation specifies “safe harbor” procedures for employers who receive such letters. By taking specific steps in a timely fashion, an employer may avoid a Department of Homeland Security finding of knowingly employing an illegal alien, attorneys said.

 

Military Family Leave

 

Six states have passed legislation that allows the family members of active duty soldiers to take unpaid time off work during periods of military leave, prior to and just after deployment. Other states are expected to follow suit. Employers are advised to adjust their leave procedures accordingly, reports Jackson Lewis, a national employment law firm.

 

Trucker Hours of Service

 

In appellate court has rescinded an hours-of-service rule issued in 2005 that allowed truckers to drive 11 hours straight without a break. The previous limit was 10 hours. The court said the Federal Motor Carrier and Safety Administration did not adequately explain its reasoning for adding the extra hour. The court also threw out a rule that would have increased weekly time limits on drivers’ hours by at least 25 percent. Federal labor statistics show that truckers suffer the most fatalities of all occupations as a result of accidents and serious medical conditions, many of which are linked to lifestyle choices.

 

Worker Protection

 

The proposed Protecting America’s Workers Act (SB-1244) would extend protections under the Occupational Safety and Health Act of 1970 to federal, state and local government employees. It also would enhance protections for whistleblowers and increase penalties for employers who commit violations. Similar legislation has been introduced in the House.

 

Workers’ Comp Costs Decline

 

California leads the nation in reducing workers’ compensation payments for medical care and cash benefits for workers disabled by workplace injuries and diseases nationwide, according to Workers' Compensation: Benefits, Coverage and Costs, 2005, a report by the National Academy of Social Insurance.

 

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