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Hardesty, Tyde, Green & Ashton, P.A. blog
Tuesday, October 31, 2006
Occupational Safety and Health Administration (OSHA) General Rights
Regardless of where you work or what your occupation is there are general rights and protections under OSHA. These rights listed below are set forth by Federal law.
You have the right to notify your employer or OSHA about workplace hazards. You may ask OSHA to keep your name confidential.
You have the right to request an OSHA inspection if you believe that there are unsafe and unhealthful conditions in your workplace. You or your representative may participate in the inspection.
You can file a complaint with OSHA within 30 days of discrimination by your employer for making safety and health complaints or for exercising your rights under the OSH Act.
You have a right to see OSHA citations issued to your employer. Your employer must post the citations at or near the place of the alleged violation.
Your employer must correct workplace hazards by the date indicated on the citation and must certify that these hazards have been reduced or eliminated.
You have the right to copies of your medical records or records of your exposure to toxic and harmful substances or conditions.
You have the right to notify your employer or OSHA about workplace hazards. You may ask OSHA to keep your name confidential.
You have the right to request an OSHA inspection if you believe that there are unsafe and unhealthful conditions in your workplace. You or your representative may participate in the inspection.
You can file a complaint with OSHA within 30 days of discrimination by your employer for making safety and health complaints or for exercising your rights under the OSH Act.
You have a right to see OSHA citations issued to your employer. Your employer must post the citations at or near the place of the alleged violation.
Your employer must correct workplace hazards by the date indicated on the citation and must certify that these hazards have been reduced or eliminated.
You have the right to copies of your medical records or records of your exposure to toxic and harmful substances or conditions.
posted by Attorney W. Marc Hardesty at 10:45 PM
Sunday, October 22, 2006
Truck Speed Kills
Common sense tells most everyone that has been on an interstate highway that many semi tractor trailer rig drivers speed excessively. Everyone has seen or heard about the tragic loss of life or hideous injuries related to a wreck or experienced the lengthy traffic jams as the tractor / trailer is pulled off the road. Large trucks as mentioned have much less potential to stop quickly due to the sheer weight and dimensions of the vehicle. Likewise, the trailers are often overloaded (too much weight for the braking system) and / or the load is not secured properly. A load that is not properly secured is a disaster waiting to happen and can range from the load falling off the trailer and into traffic or the load shifting and causing the entire tractor / trailer to overturn onto the surrounding traffic. Interestingly, virtually every wrongful death or personal injury case I have handled involving these large trucks have had at least one of these factors present and more often than not all three factors were present as the cause of the accident and injury.
Finally , The American Truckers Association has endorsed the use of tamper proof speed governors that limit the speed of a truck to 68mph. This has been endorsed the American Automobile Association (AAA) and the Teamsters Union are in agreement but have requested a slower speed of 62mph. Sadly, these safety devices will not be required for at least two years. How many more lives will be forever changed or cut short as these newest safety features are delayed?
Finally , The American Truckers Association has endorsed the use of tamper proof speed governors that limit the speed of a truck to 68mph. This has been endorsed the American Automobile Association (AAA) and the Teamsters Union are in agreement but have requested a slower speed of 62mph. Sadly, these safety devices will not be required for at least two years. How many more lives will be forever changed or cut short as these newest safety features are delayed?
posted by Attorney W. Marc Hardesty at 5:39 PM
Saturday, October 21, 2006
Insurance Companies Overreaching Again!
The Nationwide Insurance Company is the latest in a long list of homeowner insurance companies to attempt a rip off of the Floridians they insure. Nationwide applied for a 71.4% rate increase that "didn't provide documentation or evidence to support the rate increase it was seeking" according to spokesman Bob Lotane with the Office of Insurance Regulation. Interestingly, State Farm Insurance applied for a 71.5% rate increase in August which was denied. Unfortunately, State Farm spun around and applied for and was granted a massive increase of 52.7%. It appears that Nationwide is using the same tactics. Floridians should be aware of the predatory practices the insurance industry is using. The ploy of applying for outlandish rate increases without justification is dishonest. Sadly, it is business as usual for Big Insurance.
Marc Hardesty, Esq.
Hardesty, Tyde, Green & Ashton, P.A.
Marc Hardesty, Esq.
Hardesty, Tyde, Green & Ashton, P.A.
posted by Attorney W. Marc Hardesty at 6:45 AM
Thursday, October 05, 2006
Basic Medical Errors Cause Most Medical Malpractice Claims
A study published in the Annals of Internal Medicine in October 2006 confirms what most of us who handle malpractice claims have long known. Basic medical errors, such as failure to order proper tests and failure to do adequate follow-up, are the most frequent causes of medical malpractice in this country. Many of the cases in the study involved errors in diagnosis and treatment of cancer which had catastrophic consequences for the patients and their families. As the lead author noted, use of electronic records or better decision-trees for evaluation and treatment would help eliminate many of these errors. We couldn't agree more. Every medical office and hospital should review and implement these recommendations.
posted by Attorney Frank Ashton at 7:27 AM
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