At a carwash in an industrial district of Queens, NY, immigrants and other workers are preparing to open the next front in New York City’s labor battles.

Carwash employees are often paid him less than the minimum wage, and are routinely cheated out of overtime pay. Moreover, workers are not given protective gear even though they use caustic cleaners that burn their eyes and sinuses. Community organizers report that these kinds of wage and overtime violations are widespread among carwashes.

So during the past few weeks, and under the guidance of immigrant advocates, New York carwash employee Adan Nicolas has been briefing his co-workers in basic labor law and in the fundamentals of organizing. Away from bosses, similar conversations have been taking place at carwashes around New York City.

“We’re all ready to fight for our rights and have a dignified place to work, and not to be abused like we are today,” Mr. Nicolas said.

In the coming days a partnership of community and labor organizations plans to introduce a citywide campaign to reform the carwash industry. Union advocates hope to seize this momentum by unionizing carwash workers throughout the city.

“This is a real partnership between community organizations and organized labor to try to tackle these problematic working conditions,” said Andrew Friedman, co-executive director of Make the Road New York, an advocacy group that is leading the coalition with New York Communities for Change, another advocacy group, and support from the Retail, Wholesale and Department Store Union.

A related campaign in Los Angeles succeeded in collective bargaining agreements between several carwash companies and their workers.

Yet the New York campaign will be an uphill battle. About 1,600 carwash workers are scattered across 200+ locations, and many of those are under individual ownership. This means that each company would need to undergo a separate organizing effort. In addition, many workers are undocumented immigrants who may be reluctant to speak out for fear of being fired (wrongful termination) or being identified by immigration authorities.

Carwash managers and owners claim that they pay and treat their employees fairly, and have pledged to fight the unionizing effort.  “We’re going by the law,” said the manager at Queensboro Car Wash in Long Island City, who declined to give his name.

This claim, however, is disputed by the organizing coalition (known as “Wash New York”), which interviewed 90 carwash workers from carwashes all around New York City, and learned that two-thirds reported to make less than the state-mandated minimum wage of $7.25 per hour.

A typical schedule for carwash workers is at least a 60-hour workweek; yet a majority receives no overtime pay as required by law when employees put in more than 40 hours. Those who did get overtime pay often earned far less than the required time-and-a-half rate. Moreover, rest breaks and lunches went unpaid or were extremely brief.

According to the labor organizers, not a single worker in the survey had received paid sick days, and only one reported that he had been offered a health plan.

Equally troubling is the lack of workplace safety. Most workers claimed that they are not given appropriate protective equipment or training for handling the caustic cleaning products used at carwashes. Some workers even use chemicals that burn holes through their clothing, the organizers said.

Mr. Nicolas admitted his misgivings about possible repercussions – including being fired – but he added that the effort was “worth it because we’re suffering so much injustice.”

Assessments of the industry by “Wash New York” strongly correspond to findings from a state investigation in 2008.  That year, 60 state inspectors visited 84 carwashes in New York and reported $6.5 million in underpayments to 1,380 workers.  The vast majority of New York City carwashes (up to 80%) had violated minimum wage and overtime laws.  State labor commissioner Patricia Smith called the industry “a disgrace.”

That investigation resulted in millions of dollars in fines, litigation and promises of compliance by owners.

Then in 2010, the department announced a settlement of $2 million with the owners of an Upper Manhattan carwash that had failed to pay minimum and overtime wages.

Facing the recent rumbling of organization among workers, owners themselves are now mobilizing to resist the unionization effort. “We would never sign with the union,” said the manager at Whitestone Car Wash in Queens. “I like things the way they are.”

If you are involved in a wage or overtime dispute, contact a Seattle Employment Attorney at Emery Reddy. We also represent clients who need a Labor & Industries Attorney or Workers’ Compensation Lawyer.

Starting in January of 2013, certain providers that practice medicine in Washington state will be required to participate in the network in order to treat injured workers beyond the initial emergency-room or office visit. This will include L&I doctors, chiropractors, naturopathic physicians, registered nurse practitioners, physician assistants, dentists, and optometrists.

Beth Dupre, Assistant Director for Insurance Services, explained that L&I “wants every great health-care provider in the state to be part of our network. Your patients are counting on your participation. I urge you to apply early, so we can have credentialing completed before the network launches.”

Standards and guidelines for joining the network are detailed in the new L&I rules, which became effective on February 3, 2012.

Providers have the option of applying at www.JoinTheNetwork.Lni.wa.gov. Over the coming year, L&I plans to reach out to current L&I providers and encourage them to apply. New providers can apply to the network at any time.

Providers currently treating patients with L&I claims must re-apply; this includes health professionals already participating in the Centers for Occupational Health and Education (COHE).

Different kinds of medical providers (including out-of-state providers) will be able to continue treating injured workers with an L&I Claim until they are contacted about joining the network at a later date.

After the network officially begins to operate, injured workers will have the option of seeing non-network providers, but only for their initial visit. After this, the injured worker must select a network provider for subsequent care. An L&I Attorney can help workers locate a network provider.

Workers having trouble collecting injury benefits from L&I are encouraged to contact a Seattle Workers Compensation Attorney.  We can also provide you with crucial advice if the Department of Labor and Industries has required you to complete an Independent Medical Examination.

OSHA’s Houston Area Office held a safety inspection this past September following worker complaints and reports from employment attorneys that numerous employees had nearly suffered amputation incidents while operating machinery. OSHA’s investigation determined that not only did the company fail to have an energy control program in place, but its machines were also left plugged into electrical power sources prior to maintenance and servicing. This poses a serious threat of workplace injury or death.

The willful violation citation was issued for failure to create, document and adopt an energy control program. A willful violation is one that is committed with deliberate, knowing or voluntary disregard for the established legal requirements, or with simple disregard for workplace safety and employee health.

The serious violations include failure to provide required machine guarding on sprockets and chains; failure to cover floor holes and openings; and neglecting to properly mark exit doors. A serious violation arises when there is significant probability that death or serious physical harm could result from a hazard of which the employer is aware.

The other violations that do not fall into the “serious” category involve poor recordkeeping of injuries and illnesses on the OSHA log. An “other-than-serious violation” is one that relates to job safety, but would not itself likely cause death or serious physical harm.

In a statement released by the director of OSHA’s Houston South Area Office, Mark Briggs said that “This company exposed its workers to injuries, including possible amputation hazards, by failing to develop, document and utilize an energy control program during the maintenance and servicing of machinery. Employer disregard for worker safety will not be tolerated.”

The company has two weeks from receipt of the citations to either comply, request an informal conference with OSHA, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742), the agency’s Houston South office at 281-286-0583 or its Houston North office at 281-591-2438.

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 workforce by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

The Department of Labor and Industries website also has useful information on workplace safety and L&I Claims.  If you are struggling to recover benefits from a workers compensation case, or want to appeal a rejected L&I claim, contact the L&I lawyers at Emery Reddy for help.

According to Beth Dupre, Assistant Director for Insurance Services, “After the network launches, injured workers can see a non-network provider only for an initial visit. After that they must transfer to a network provider. Since providers outside our network cannot receive payment after the first treatment, we’re eager to find a way to make the transition to network providers as smooth as possible for everyone.”

The proposed rules were developed in conjunction with a special advisory group that included one worker, one employer, and provider representatives from the Industrial Insurance Medical Committee and Chiropractic Advisory Committee.

To synthesize public comments and feedback on the proposed rules, one hearing will be held in Tumwater, on Feb. 23, 12 p.m., L&I Headquarters at 7273 Linderson Way SW.

Written comments on the draft rules will also be accepted until 5 p.m., Feb. 23. These can be submitted to Jami Lifka at:

Email: Jami.Lifka@Lni.wa.gov
Fax:    360-902-6315
Mail:   Department of Labor & Industries, PO Box 44321, Olympia, WA  98504-4321
Hand-delivery:  L&I, 7273 Linderson Way SW, Tumwater, WA 98501

In March 2012, L&I will start to enroll providers who wish to join the new network. Enrollment will be open to doctors, chiropractors, naturopathic physicians, podiatric doctors, advanced registered nurse practitioners, physician assistants, dentists, and optometrists who practice in Washington State. Out-of-state providers (and other provider types) can keep treating injured workers until they receive an invitation to join the network at a later date.

The medical provider network is a component of the part of L&I legislation passed in 2011, Substitute Senate Bill 5801, which seeks to improve workers’ outcomes after an injury. In addition to creating the network, the legislation extended access to Washington state’s Centers of Occupational Health and Education (COHEs) and requires L&I to offer incentives to network providers who adopt best practices for occupational health.

Complete information and a copy of the proposed rules are available at the Provider Network and COHE Expansion website.

If you have experienced an on-the-job injury and need help with your L&I claim, a Seattle Workers’ Compensation Attorney at Emery Reddy can help you through the process and maximize the amount of workers compensation benefits you receive. We also help clients appeal a rejected L&I claim. Please contact our firm today for help with your case.

The Arkansas-based retailer faces up to $365,500 in proposed fines after OSHA’s Buffalo Area Office conducted inspections in response to a complaint.

“The sizable fines proposed here reflect not only the seriousness of these conditions but the fact that several of them are substantially similar to hazards identified at nine other Wal-Mart locations in New York and eight other states,” said Arthur Dube, OSHA’s director in Buffalo. “This situation is unacceptable. A corporate employer must take effective and proactive steps to assess, correct and prevent the recurrence of hazards at all of its locations.”

OSHA inspectors who visited the Rochester Wal-Mart found fall hazards; obstructed exits; an absence of lockout procedures for energy sources that would enable workers to safely perform maintenance on a compactor; an unguarded grinder; a failure to train employees on proper uses of protective equipment; a lack of eye and face protection; and insufficient information and training on hazardous chemicals in the workplace. These conditions exposed employees to serious risk of workplace injury, amounting to citations for 10 repeat violations with $288,000 in fines.

A repeat violation is issued when a place of employment has previously been cited for the same violation of a standard, regulation, or rule. In Wal-Mart’s case, OSHA had cited the retail giant for similar hazards between 2008 and 2010 at workplaces in South Mobile, Alabama; Jonesboro, Arkansas; Plant City, Florida; Rincon, Georgia; Jerseyville, Illinois; Queensbury, N.Y; Fargo, North Dakota; and Tulsa, Oklahoma.  L&I Attorneys were disappointed but hardly surprised by the news, as Wal-Mart has long been a source of a numerous injuries and workers compensation claims in Washington State.

The citations against Wal-Mart can be viewed at http://www.osha.gov/ooc/citations/Walmart315502476-315502880-01-27-12.pdf.*

If you of someone you know has suffered a workplace injury and is filing an L&I claim, we encourage you to consult one of Emery Reddy’s Washington Workers’ Compensation Lawyers.

In the course of many L&I claims process, the Labor & Industries administrators may request that you complete an Independent Medical Examination; if you find yourself in this situation, we urge you to consult with an Seattle L&I lawyer immediately.

In response to these workplace injuries – along with other health and safety hazards common among workers in the primary metals industry –the Department of Labor & Industries (L&I) has joined in a national campaign headed by OSHA to reduce serious injuries and enhance workplace safety across the industry. L&I officials estimate that approximately seventy businesses in Washington are in the primary metals industry.

In a statement released by the head of L&I’s Division of Occupational Safety and Health (DOSH), L&I Assistant Director Michael Silverstein offered the following remarks:

“Men and women working in foundries and other jobs where metal is cast or refined face several significant hazards, including exposure to lead and dangerous chemicals, extreme noise and heat, as well as injuries from the machinery and materials being used. With this special emphasis, L&I hopes to reduce the risks these workers face.”

As part of this new worker safety initiative, L&I has created a web page specifically devoted to reducing workplace hazards in the metals industry; the page also provides training materials and other relevant resources. Washington workers and employers are encouraged to visit the site here: www.PrimaryMetals.Lni.wa.gov.

The new workplace safety campaign also includes a mailing of informational literature to nearly seventy businesses in Washington that fall within the primary metals category. For those interested in seeing images of two serious workplace injuries caused by to molten metal, L&I has also put together a slideshow (viewer discretion advised). Finally, Washington L&I plans to expand enforcement inspections throughout the state.

The federal Occupational Safety and Health Administration (OSHA) launched a nationwide program to protect metal workers last year. Officials stated that due to the hazards of this workplace, workers in the metal industry have an injury and fatality rate exceeding many other industrial jobs. This trend, unfortunately, holds true in Washington State as well.

Employers and managers who oversee worker safety are encouraged to request individualized help in addressing workplace hazards by contacting an L&I Safety and Health consultant, or by calling a local L&I office.

If you have suffered a workplace injury or have an occupational illness, contact a Seattle L&I Lawyer at Emery Reddy today for help with your L&I claim.

Broadcast version of L&I’s news release:

“The Department of Labor & Industries has joined a national effort to improve safety at smelters, foundries and other metal processing facilities that make up the state’s primary metals industry. The effort involves increased inspections, more safety and health outreach into the industry, including the development of a new L&I web page, with training materials and other information. Businesses in this industry should expect to receive a postcard in the mail announcing the effort.”

Lauren Eason, an Arkansas woman receiving workers compensation for a knee injury, requested a change of physicians in 2011, at which time she transferred to the care of Dr. Harold Chakales. Under Arkansas law, a worker can only change physicians once; so when Dr. Chakales passed away in December, the Workers’ Compensation Commission sent Eason a letter notifying her that they “cannot approve another change in this claim. We are constrained by the law.”

“We’re just kind of in workers’ comp limbo,” Eason said.

According to the Chief Executive Officer of the state’s Workers’ Compensation Commission,  Alan McClain, the case presents some sticky legal challenges and administrative impediments, but McClain remained hopeful that the case could be resolved before long. “There seems to be maybe at least some to getting that order entered,” McClain told a reported. “But practically speaking [Eason] should be able to see a doctor really soon and we can facilitate that communication … it could take six months. But that’s the long end of it. It would probably be closer to three months.”

Workers Compensation commentators were quick to weigh in on the situation: “Surely the state can do better for these people than a nightmarish 3 to 6 month administrative wait,” said Robert Wilson. “I certainly do understand that the law is the law, but I also recognize common sense is common sense.”

Eason’s attorney pointed out that the problem is not just isolated to his client noting that more than 100 injured workers are in a similar state of limbo due to rules restricting a change of physician request.

McClain did note the Arkansas State House has been looking into changing the existing law regarding injured workers’ ability to change their physicans: but ironically, rather than loosening restrictions, they have been considering a complete ban on claimants changing physicians at all.

Whether these rules go into effect remains to be seen.  In the meanwhile, Eason will have to endure her knee injury, as her old phsician will not be returning to the office before this case gets resolved.

Washington’s new Stay at Work program is open to employers who pay workers’ compensation premiums to L&I. The program partially reimburses those businesses for the cost of returning employees with a work injury to light-duty jobs before they have medical clearance to return to their primary positions.

While the program was just launched yesterday, the legislation that produced it went into effect in June of 2011.  L&I claim managers anticipate that thousands of reimbursement requests from businesses who’ve already been offering light-duty jobs to employees with work-related injury during the period since the legislation passed.

The new program is one of a number of historic workers’ compensation reforms to come out of the 2011 Washington legislative session. These reforms are intended to lower costs and improve the recovery rates for workers with on-the-job injuries.

“The Stay at Work program gives us a unique opportunity to give Washington businesses an active role in their injured workers’ recoveries and return to productive employment,” said L&I Assistant Director for Insurance Services, Beth Dupre. “Most important, we have a much better chance of helping injured workers stay on salary and in the game while they recover under their doctor’s care.”

Employers participating in the Stay at Work program help injured workers by creating light-duty or “transitional” jobs that adhere to physician’s recommendations and medical restrictions. Some workers will need to undergo an Independent Medical Examination as part of this process. During the prescribed recovery time, the injured worker earns wages from the employer rather than receiving time-loss compensation from L&I.  For example, a worker with a construction site injury might take an inventory job while recovering from a back injury. Then through the Stay at Work program, L&I reimburses the employer for half of the worker’s base wage, plus some additional expenses (not to exceed $10,000 per L&I claim).

The program has already proved effective in Oregon, showing a tendency to speed recovery time and reduce long-term disability for a given workers compensation injury.  Medical studies indicate that many workers recovering from an injury are less likely to suffer from long-term disability when they remain active and engaged.

“This is a win-win for our employers,” Dupre said.  “It’s a strategy that will help their businesses and workers, and it won’t negatively impact their premium costs.”

If you need help with your L&I injury claim, contact a Seattle L&I Attorney.

Governor Rick Snyder pressed ahead in late May with his effort to trim State costs.  Among the many moves to downsize State bureaucracies and streamline government services and efficiency was the creation of the Michigan Compensation Appellate Commission.

According to Compnewsnetwork, “Gov. Snyder issued Executive Order 2011-6, which transfers the authorities and responsibilities of the Workers’ Compensation Appellate Commission and the Employment Security Board of Review to the new Michigan Compensation Appellate Commission.”

“With this reorganization, Michigan becomes a model of efficiency for appellate decisions in these two case areas,” Snyder said. “It provides greater flexibility in addressing fluctuating caseload levels and variations.”

The Michigan Compensation Appellate Commission will now consider appeals of decisions issued by magistrates and administrative law examiners, specifically in the realm of unemployment and workers’ compensation claims.

The most important, and perhaps most troubling, part of the creation of this new Commission, is that it takes on the workload that was previously performed by two separate Commissions: The Workers’ Compensation Appellate Commission and the Employment Security Board of Review. Although our economy is slowly recovering, what is striking about this consolidation of Commissions is that it does not seem to acknowledge the massive increase in unemployment and workers’ compensation claims the recession has engendered.

Further, while the Executive Order issued by the Governor requires that the new appellate commissioners be evaluated under defined standards to ensure that appeals are handled in a timely, knowledgeable and appropriate manner, the Order also requires that the commissioners adhere to productivity and timeliness standards.  In short, the effort here is to move claims and reviews through the Commission quickly, and as such, the important scrutiny that each individual injured worker’s claim should receive might be compromised.

Every experienced Washington workers compensation attorney is watching these developments across the country to ensure that injured workers in this state will continue to receive all the protections afforded to them by constantly evolving Labor & Industries law. Injured workers should first seek medical attention, then seek out the advice of an experienced L & I attorney at Emery Reddy as they pursue their claim.

The recent forced closure of a North Carolina bus company with an extensive history of safety violations has brought greater scrutiny to how professional drivers are treated by the agencies that employ them.  Although the driver involved in the latest deadly accident was cited for reckless driving, there is some evidence that Sky Express, the company that employed the driver, had a history forcing possibly fatigued drivers to work multiple shifts with inadequate rest.

What this incident highlights is that bus, taxi, and limousine drivers as well as other “for-hire” vehicle drivers are not merely unskilled workers, but professionals who literally hold the lives of their passengers in their hands, and that their ability to do so is directly linked to the kinds of workplace protections they may receive.  As such, there have been recent pushes by Labor advocates and Labor & Industries experts to expand access to health care and workers’ compensation benefits for these workers.

In February, Seattlepi.com reported that a Senate Bill requiring drivers to be covered by workers’ compensation benefits stalled in the legislature.  Scott Gutierrez reports, “Senate Bill 5785, one of two bills on the topic, would define taxis, limousines and other for-hire vehicles as ‘urban transportation businesses’ and require their owners to pay industrial insurance premiums.  The goal is to ensure that drivers are covered for work-related injuries beyond what’s covered by auto insurance, which is mandatory in the taxi business.”

The Bill’s sponsor, Senator Adam Kline, D-Seattle, is quoted as arguing “They get robbed and beat up, and because they spend so much time on the road, they’re exposed to more collisions.  That’s an occupational hazard.”

There has also been confusion over who is liable when a taxi or town car driver is injured in the workplace.  Gutierrez notes, “In the past, health care providers mistakenly filed medical claims with L&I involving cab drivers who said they were injured on the job, even though no one was paying into the system for them.  Then, L&I had to sort out whether the driver was an employee and who was responsible for the premiums.”  In fact, there was even a “recent lawsuit in Tacoma between L&I and a taxi association over a $400,000 medical claim involving a driver who was shot during a robbery.”

The Tacoma driver is only one of many Washington State drivers who have been the victim of violence in recent years.  Drivers are put in very vulnerable positions in relation to their passengers and often have little recourse when they are attacked, robbed, or even killed.  These statistics reveal that creating access to benefits could increase safety for passengers and drivers alike

The Department of Labor and Industries is well aware of these dangers and now seems prepared to help the legislature close this important gap in coverage for this very vulnerable class of workers.  The Preproposal Statement of Inquiry filed by L&I this week will seek advice from both employers and individuals from the for-hire vehicle industry as they move this initiative forward.

Workers injured on the job should first seek medical help, but then consult with an expert Washington workers compensation lawyer about their claim.  The expert workers’ compensation attorneys at Emery Reddy are standing by to assist injured workers with their claims.