Cape & Islands News

Governor pushes to lower health care costs; AG applauds Supreme ruling Upholding validity of Safe Firearm Storage Law; OSHA proposes $178,800 fines for cave-in hazards

Attorney General Coakley applauds Supreme Judicial Court's ruling upholding validity of Massachusetts Safe Firearm Storage Law

The Massachusetts Attorney General issued the following news release:

Today, the Massachusetts Supreme Judicial Court (SJC) rejected a constitutional challenge to the Commonwealth's safe firearm storage law. The law requires stored firearms be secured in a locked container or equipped with a tamper-resistant safety device, except when "carried by or under the control of the owner or other lawfully authorized user." It is intended to ensure that irresponsible persons do not gain access to firearms and to minimize the risk of accidental discharge. Attorney General Martha Coakley's Office filed an amicus brief in this case urging the Court to uphold the law.
   "Every year, thousands of people are seriously injured or killed when unauthorized individuals gain access to unsecured firearms," Attorney General Coakley said. "Today's decision strikes an important balance to protect the public, especially our children, from the risks of unsafe firearm storage practices while also recognizing a gun owner's right to use a firearm for self-defense in his or her home."
   The underlying case arises from a Lowell District Court judge's dismissal in October 2008 of an unsafe firearm storage charge that the Middlesex District Attorney's Office filed against defendant Richard Runyan in April 2008. The trial judge held that the statute impermissibly interfered with Runyan's Second Amendment right to keep a weapon for self-defense in the home. The Attorney General's brief argued that this decision was wrong because the Second Amendment does not restrict states' ability to protect public safety by regulating firearms, and the Massachusetts safe firearm storage law does not prevent the use of a firearm for self-defense in the home. Today, the SJC accepted the Attorney General's arguments.
   The Attorney General's brief was prepared by Assistant Attorneys General James Arguin, Chief of Attorney General Coakley's Appeals Division, and Pamela Hunt, also of the Appeals Division. The brief was joined by several District Attorneys, the Massachusetts Executive Office of Public Safety and Security, the Massachusetts Executive Office of Health and Human Services, and the Massachusetts Department of Public Health.

US Labor Department's OSHA proposes $178,800 in fines for Massachusetts and RI contractors for Newton cave-in hazards

The U.S. Department of Labor's Occupational Safety & Health Administration issued the following news release:

Responding to a complaint of potentially unsafe conditions at a synagogue under construction at 349 Dedham St. in Newton, Mass., the U.S. Department of Labor's Occupational Safety and Health Administration found that employees of Telsi Builders, the project's Newton-based general contractor, and its concrete subcontractor, Ocean State Forms Inc. of Cumberland, R.I., were working in excavations up to 14 feet deep that lacked protection against a collapse of their sidewalls.

"Workers at this site were needlessly exposed to cave-in hazards on multiple occasions," said Paul Mangiafico, OSHA's area director for Middlesex and Essex counties. "In one instance, had the unprotected 14-foot high excavation wall collapsed, it would have engulfed workers pouring concrete formwork and crushed them beneath tons of concrete as well as soil and debris."

The cave-in hazards were exacerbated by the placement of excavated spoils at the edge of excavations and the lack of a safe means of exiting the excavations. Workers for both contractors also risked impalement on unguarded protruding steel rebar, falls into uncovered 7-foot deep holes and head injuries from a lack of protective helmets for workers in the excavations. In addition, Telsi employees were exposed to additional fall hazards from defective and uninspected ladders and while crossing over an excavation on a plank that lacked guardrails.

As a result of these conditions, Telsi Builders and Ocean State Forms both have been issued four willful citations, with $84,000 apiece in fines; Telsi has been issued four serious citations, with $7,200 in fines; Ocean has been issued two serious citations, with $3,600 in fines. Telsi faces a total of $91,200 in fines, while Ocean State faces a total of $87,600. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for worker safety and health, while serious citations are issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. Detailed information on trenching and excavation hazards and safety is available here.

"With the coming of warmer weather and thawing of the soil, I urge employers to review their work practices, equipment and training to ensure that none of their employees enters an excavation unless and until it is properly guarded," said Mangiafico. "Their workers' lives could depend on it."

Each contractor has 15 business days from receipt of its citations and proposed penalties to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Andover Area Office; telephone 978-837-4460.
_____

Governor pushes to lower health care costs for small businesses and families

The governor has issued the following news release:

Continuing his efforts to provide relief to Massachusetts small businesses and families from skyrocketing health care increases, Governor Deval Patrick today called on the Legislature to pass his proposal to lower premiums and help small businesses create jobs in the Commonwealth. In testimony before the Joint Committees on Health Care Financing, and Community Development and Small Business on the health care provisions of his Jobs Bill, the Governor outlined personal stories from small business owners about the burden of escalating costs and detailed how his plan will provide emergency relief so that small businesses - which make up 85% of the state's economy - can start hiring.

"On the main streets of the Commonwealth, we have an emergency on our hands. We can debate the whys and the hows of health care increases, but the strivers who are investing their energy, their time and their money to help the Massachusetts economy flourish can wait for answers no longer," said Governor Patrick. "We filed our proposals in a Jobs Bill for one reason: Without small business, there will be no economic recovery. If they don't start hiring, complete economic recovery will elude us. Next to access to capital, soaring health care costs are the consistent reason given for why they can't see their way to add more jobs."

The Governor's proposal includes the following measures:

• Recognizing that controlling health care costs is a shared responsibility, the bill provides oversight of health insurance company and provider rates by the Division of Insurance and the Division of Health Care Finance and Policy, respectively. Oversight of the reasonableness of rates charged by both insurers and providers, a temporary two-year measure, is meant to exert downward pressures on escalating health care costs as the Governor and the Legislature continue to move toward systemic changes to the state's health care payment system. For a period of two years, this oversight triggers a presumptive disapproval for those health insurer and provider rate increases that exceed benchmarks based on the prior year's consumer price index for medical services (2009 medical CPI is 3.2%). These rates would be disapproved, unless there is a compelling reason not to.
• Requires the Commissioner of Insurance to examine small business health insurance rating factors and prevent any duplicative or unjustified administrative charges that may drive up costs for small businesses.
• The legislation also empowers the Commissioner of Insurance to protect small businesses from rate shock caused by drastic increases in premiums driven by changes in the composition of their workforces (particularly the age of their workforces).
• A two year moratorium on the adoption of any new mandated benefits.
• Beginning in July, the bill gives smaller companies the choice of more affordable plans by requiring health insurance carriers in the small group market to offer at least one selective network plan with premiums that are at least 10 percent lower than the premiums for the full network product.
• Requires insurers to establish bi-annual open enrollment periods for individuals who purchase individual coverage to encourage people to maintain their health insurance.

In addition to measures aimed at reducing health care costs, the Governor's Jobs Bill, which he filed last month, provides tax credits for businesses that create new jobs, eases unemployment insurance costs for employers and creates a new organization dedicated to providing businesses with the financial capital and resources they need to grow.

The Governor has also directed Insurance Commissioner Joseph Murphy to conduct a series of hearings to review the double-digit premium increases burdening small businesses across Massachusetts. Throughout these hearings, countless small business owners have shared stories about how premium increases are crippling their ability to do business in Massachusetts.

"People are angry. During our six hearings across the Commonwealth, we heard from dozens of small-business owners who are faced with unpleasant decisions that affect the future and stability of their businesses," said Commissioner Murphy. "The Governor's proposed legislation will reduce these high increases in health insurance costs, and create the flexibility for small businesses to grow and thrive in our recovering economy."