AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Occupational Safety and Disease
See also: Ergonomics
A
firefighter successfully obtained an occupational disease disability pension under
an Illinois state statute by showing that he was a firefighter with five
or more years of service who was unable to perform his duties due to heart
disease resulting from his service as a firefighter. The city paid his health
insurance premiums through February 2008, as required by an ordinance, and the
plaintiff sought continuing health insurance benefits under Section 10 of the
Illinois Benefits Act, which provides premium-free health insurance benefits
for a public safety employee, his spouse, and dependent children, when the
employee is catastrophically injured or killed in the line of duty under
specified circumstances, 820 ILCS 320/10. The city argued that receipt of an
occupational disease disability pension did not establish that plaintiff suffered
a catastrophic injury. Agreeing, the Illinois Supreme Court held that a Section
10(a) “catastrophic injury” is synonymous with an injury resulting
in a Section 4-110 line-of-duty disability pension. In this case, the court
concluded that “catastrophic injury” is not synonymous with an
injury resulting in an occupational disease disability pension. Bremer v. City of Rockford,
#119889, 2016 IL 119889, 2016 Ill. Lexis 1518.
Does a doctor who
treats prisoners have a legal duty to warn corrections officers that an inmate
has a communicable disease? One female correctional officer assigned to strip
search female prisoners before and after they received visitors claimed that
she contracted a methicillin-resistant staphylococcus aureus (MRSA) infection
because approximately twelve of the prisoners were infected. She sued the
private company that provided medical services to the prisoners, claiming that
its staff members knew which prisoners were infected
and should have informed her so that she could take precautions. The
Pennsylvania Supreme Court found that the defendant was not liable to the
officer, finding that the trial court had properly declined to impose new
affirmative duties to a third party on medical personnel in their professional
relationship to prisoners. Seebold v. Prison Health Services, #9-MAP-2011,.2012 Pa. Lexis 3011.
California appellate
court rejects a statutory presumption, and finds that a deputy sheriff's
Burkitt's lymphoma was not related to any carcinogens to which he was exposed as
an officer. Sameyah v. L. A. Co. Empl. Ret. Assn.,
#B222290, 2010 Cal.App. Lexis 1971.
OSHA subjects a shooting range to more than $2
million in penalties for exposing workers to lead and other hazards. OSHA v. EN Range, OSHA Inspections #314259854 & 314260605.
Dangerous working conditions can give rise to an Eighth
Amendment claim, even if the worker is a prisoner that volunteered for work. A
prison official is not entitled to qualified immunity if he orders an inmate to
continue using work equipment that the official has reason to believe is
unnecessarily dangerous. Morgan v. Morgensen, #04-35608, 2006
U.S. App. Lexis 29399 (9th Cir. 2006). [N/R]
Federal appeals court rejects a damage suit filed
by a jail officer and his wife, claiming that his superiors were indifferent to
the control of inmate diseases, resulting in their infection. Kaucher v. Co. of Bucks, #05-1598, 2006 U.S. App. Lexis 19427 (3rd
Cir. 2006). [2006 FP Oct]
Federal Bureau of Prisons officials admit that
staff and inmate workers at its computer recycling enterprises at Atwater,
California, were exposed to heavy metals above OSHA allowable safety limits. Office of Special Counsel, File #DI-04-2815 (2005). {N/R}
OSHA publishes a final rule amending the
occupational injury and illness recording and reporting requirements for
federal agencies. Basic Program Elements for Federal Employee OS&H
Programs: Recordkeeping and Reporting Requirements, 29 CFR Part 1960, FR Doc.
04-25955, 69 Federal Register 68793-68805 (11-26-2004) effective 2005. {N/R}
OSHA cites the U.S. Forest Service for five
violations arising from the deaths of two firefighters in July 2003. Dept. of Labor v. U.S.D.A. Forest Service, #1177886150, 42 (2054)
G.E.R.R. (BNA) 345 (OSHA 2004). [2004 FP Jun]
California appeals court orders a law enforcement
firing range to undertake an environmental study to justify its decision to
close and remove a campus shooting range and to transfer certain classes to
another range off campus. Assn. for a Cleaner Environment v. Yosemite Comm.
College Dist., #F042272, 116 Cal. App. 4th 629, 10 Cal. Rptr.3d 560, 2004 Cal.
App. Lexis 276 (5th App. Dist. 2004). {N/R}
States lack sovereign immunity from federal OSHA
prosecutions. Conn. Dept. of Envir. Prot. v. Occ. Saf.
and Health Admin., #01-6217, 356 F.3d 226, 20 IER
Cases (BNA) 1457, 2004 U.S. App. Lexis 944 (2d Cir. 2004). {N/R}
H.R. 536, the "Fairness for State and Local
Workers Act," has been introduced by Rep. Robert E. Andrews (R-NJ); it
would amend the Occupational Safety and Health Act of 1970 to extend federal
job health and safety coverage for all state and local government employees.
Currently OSHA applies to public sector employees in only 25 of the 50 states.
{N/R]
California enacts a law imposing a minimum
penalty of $5,000 on employers who fail to report a serious injury or illness
of an employee to Cal/OSHA within eight hours of its occurrence. An employer,
officer, management official, or supervisor who knowingly fails to report a death
is guilty of a misdemeanor and faces a fine of up to $15,000 (corporations up
to $150,000). Health and Safety Code §102346.
{N/R}
N.Y. appellate court allows a
injured firefighter to sue New York City for providing protective clothing that
did not comply with federal OSHA regulations. 29 C.F.R. Section 1910.156(e)
requires fully extended boots or protective shoes or boots, worn in combination
with protective trousers. McGovern v. City of N.Y., #330, 742 N.Y.S.2d 218,
2002 N.Y. Slip Op. 03813 , 2002 N.Y. App. Div. Lexis 4780 (2002). {N/R}
London's Metropolitan Police Commissioner
Sir John Stevens and his predecessor Lord Condon will stand trial, charged at
Southwark Crown Court, for failing to ensure the "health, safety and
welfare" of officers after police constables fell through roofs as they
chased suspects. Evening Standard (London) June 19, 2002. {N/R}
The U.S. Centers for Disease Control and
Prevention have issued interim guidelines to minimize anthrax exposure at
worksites. The CDC Health Advisory, issued Oct. 31, 2001, is on the agency's
website. See also, Morbidity and Mortality Weekly Report (10-26-2001). {N/R}
Oregon Occupational Safety and Health Division
levied a $3,000 fine on the City of Portland for failures in its emergency
radio dispatch system. Police officers were unable to call for backup on
hand-held radios, to communicate with fellow officers or unable to contact a
dispatcher when stopping a suspect. Labor Rel. Info. Sys.
Bull. 8/23/00. {N/R}
NIOSH warns of lead poisoning at police firing
ranges. Health Hazard Evaluation Report 97-0255-2735.
[1999 FP 169]
NIOSH publishes firefighter staffing and
communications guidance: "Preventing injuries and deaths of firefighters
due to structural collapse," www.cdc.gov/niosh/99-146.html {N/R}
H.R. 315 (105th Cong. 2nd Sess., introduced on
2/5/1998) would have amended OSHA to require inclusion of state and local law
enforcement agencies. The Bill was supported by some police unions; no action
was taken before the legislative term expired. {N/R}
U.S. Dept. of Labor reaffirms 2-in, 2-out rule
for structural fires: OSHA requires a minimum of four individuals, consisting
of two working as a team in the hazard area and two outside the hazard area
(for assistance or rescue). Open letter of Asst. Secy. Jos.
Dear to IAFC (Mar. 1997) citing Respiratory Protection Standard, 29 C.F.R.
1910.134. {N/R}
Religious Freedom Act of 1993 prompts the Dept.
of Labor to exempt workers who have a religious objection from OSHA hard-hat
requirements. Law also applies to regulations adopted by state and local
government employers; see 1994 FEP Summary (BNA) 83. Religious Freedom
Restoration Act of 1993, 42 U.S. Code Sec. 2000bb, P.L. 103-141, 107 STAT.
1488-9. [1994 FP 154-5]
AFSCME report recommends OSHA coverage for all
public employees. Extending legislation passes a House Committee. Comprehensive Occup. Safety and Health
Reform Act, H.R. 1280 and S. 575 (Mar. 10, 1994); 32 (1556) G.E.R.R. (BNA) 360.
[1994 FP 92-3]
Arizona OSHA Commission has cited a county
sheriff's office for exposing jail officers to prolonged contact with
TB-infected inmates. State v. Maricopa Co. Sheriff's Dept.,
32 (1548) G.E.R.R. (BNA) 71 (Ariz. Ind. Cmsn. 1994). [1994 FP 58]
Benefits could not be denied to firefighter when
it was not shown that his lung cancer was unrelated to his employment. Johnson v. City of Roseburg, 739 P.2d 602 2d 602 (Or. App. 1987).
Legionnaire's Disease
is not an occupational illness under Pennsylvania law. May Dept. Stores v.
Workmen's Comp. App. Bd., 525 A.2d 33 (Pa.Cmwlth.
1987). {N/R}
Ø Editor's Note: State OSHA
programs exist in 23 states (AK, AR, CA, CT, HA, IN, IA, KY, MD, MI, MN, NV,
NM, NY, NC, OR, SC, TN, UT, VT, VA, WA, WY) and 2 territories (PR, VI) have
OSHA Title 18 state plans; the CT and NY plans apply to the public sector only
and 8 other states were involved, but withdrew. See www.osha.gov/oshprogs/stateprogs.html
{N/R}