American Association of State Compensation insurance Fund
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member fund.


CopperPoint Mutual Insurance Company
Phone: (602) 631-2000
Address: 3030 North Third Street
Phoenix, AZ   85012
Website: www.copperpoint.com

State Compensation Insurance Fund
Phone: 888-STATEFUNDCA
Address: 333 Bush Street
Suite 800
San Francisco, CA   94104
Website: www.statefundca.com

Pinnacol Assurance
Phone: (303) 361-4000
Address: 7501 East Lowry Boulevard
Suite 800
Denver, CO   80230-7006
Website: www.pinnacol.com

Hawaii Employers' Mutual Insurance Co. Inc.
Phone: (808) 524-3642
Address: 1100 Alakea Street
Suite 1400
Honolulu, HI   96813
Website: www.hemic.com

Idaho State Insurance Fund
Phone: (208) 332-2100
Address: 1215 West State Street
P.O. Box 83720
Boise, ID   83720-0044
Website: www.idahosif.org

Kentucky Employers Mutual Insurance
Phone: (859) 425-7800
Address: 250 West Main Street Suite 900
P.O. Box 83720
Lexington, KY   40507-1724
Website: www.kemi.com

Louisiana Workers' Compensation Corporation
Phone: (225) 924-7788
Address: 2237 South Acadian Thruway
P.O. Box 83720
Baton Rouge, LA   70808
Website: www.lwcc.com

Maine Employers Mutual Insurance Company (MEMIC)
Phone: (207) 791-3300
Address: 261 Commercial Street
P.O. Box 11409
Portland, ME   04104
Website: www.memic.com

Chesapeake Employers’ Insurance Company
Phone: (410) 494-2000
Address: 8722 Loch Raven Boulevard
P.O. Box 11409
Towson, MD   21286-2235
Website: www.ceiwc.com

SFM Mutual Insurance Company
Phone: (952) 838-4200
Address: 3500 American Boulevard West Suite 700
P.O. Box 11409
Bloomington, MN   55431-4434
Website: www.sfmic.com

Missouri Employers Mutual Insurance
Phone: (800) 442-0590
Address: 101 N Keene St
P.O. Box 11409
Columbia, MO   65201
Website: www.mem-ins.com

Montana State Fund
Phone: (406) 495-5015
Address: 855 Front Street
P.O. Box 4759
Helena, MT   59604-4759
Website: www.montanastatefund.com

New Mexico Mutual Group
Phone: (505) 345-7260
Address: 3900 Singer Boulevard NE
P.O. Box 4759
Albuquerque, NM   87109
Website: www.newmexicomutual.com

New York State Insurance Fund
Phone: (212) 312-7001
Address: 199 Church Street
P.O. Box 4759
New York, NY   10007
Website: www.nysif.com

Workforce Safety and Insurance
Phone: (701) 328-3800
Address: 1600 East Century Avenue Suite 1
P.O. Box 4759
Bismarck, ND   58506-5585
Website: www.WorkforceSafety.com

Ohio Bureau of Workers Compensation
Phone: (800) 644-6292
Address: 30 West Spring Street
P.O. Box 4759
Columbus, OH   43215-2256
Website: www.bwc.ohio.gov

CompSource Mutual Insurance Company
Phone: (405) 232-7663
Address: 1901 North Walnut Ave.
P.O. Box 53505
Oklahoma City, OK   73152-3505
Website: www.compsourcemutual.com

State Accident Insurance Fund (SAIF)
Phone: (503) 373-8000
Address: 400 High Street SE
P.O. Box 53505
Salem, OR   97312-1000
Website: www.saif.com

Pennsylvania State Workers Insurance Fund
Phone: (570) 963-4635
Address: 100 Lackawanna Avenue
P.O. Box 5100
Scranton, PA   18505-5100
Website: www.dli.state.pa.us/swif

Beacon Mutual Insurance Company
Phone: (401) 825-2667
Address: One Beacon Centre
P.O. Box 5100
Warwick, RI   02886-1378
Website: www.beaconmutual.com

South Carolina State Accident Fund
Phone: (803) 896-5800
Address: P.O. Box 102100
P.O. Box 5100
Columbia, SC   29221-5000
Website: www.saf.sc.gov

Texas Mutual Insurance Company
Phone: (800) 859-5995
Address: 6210 East Highway 290
P.O. Box 5100
Austin, TX   78723-1098
Website: www.texasmutual.com

Workers Compensation Fund
Phone: (800) 446-2667
Address: 100 West Towne Ridge Parkway
P.O. Box 2227
Sandy, UT   84070
Website: www.wcfgroup.com

Washington Department of Labor and Industries
Phone: (360) 902-5800
Address: P.O. Box 44001
P.O. Box 2227
Olympia, WA   98504-4001
Website: www.lni.wa.gov

Wyoming Division of Workers Safety & Compensation
Phone: (307) 777-7159
Address: Cheyenne Business Center
1510 East Pershing Boulevard
Cheyenne, WY   82002
Website: wydoe.state.wy.us

Workers Compensation Board - Alberta
Phone: (780) 498-3999
Address: 9925-107 Street
P.O. Box 2415
Edmonton, AB   T5J 2S5
Website: www.wcb.ab.ca

Workers Compensation Board of British Columbia (WORKSAFEBC)
Phone: (604) 273-2266
Address: P.O. Box 5350 Station Terminal
P.O. Box 2415
Vancouver, BC   V6B 5L5
Website: www.worksafebc.com

Manitoba Workers Compensation Board
Phone: (204) 954-4321
Address: 333 Broadway
P.O. Box 2415
Winnipeg, MB   R3C 4W3
Website: www.wcb.mb.ca

WorkSafeNB
Phone: (506) 632-2200
Address: 1 Portland Street
P.O. Box 160
Saint John, NB   E2L 3X9
Website: www.worksafenb.ca

Workers Compensation Board of Nova Scotia
Phone: (902) 491-8999
Address: 5668 South Street
P.O. Box 1150
Halifax, NS   B3J 2Y2
Website: www.wcb.ns.ca

Prince Edward Island Workers Compensation Board
Phone: (902) 368-5680
Address: 14 Weymouth Street
P.O. Box 1150
Charlottetown, PE   C1A 7L7
Website: www.wcb.pe.ca

Saskatchewan Workers Compensation Board
Phone: (306) 787-4370
Address: 200 - 1881 Scarth Street
P.O. Box 1150
Regina, SK   S4P 4L1
Website: www.wcbsask.com

Puerto Rico State Insurance Fund Corporation
Phone: (787) 793-5959
Address: G.P.O. Box 365028
P.O. Box 1150
San Juan, PR   00936-5028
Website: www.cfse.gov.pr
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Latest Newsletter

Worker Endangerment Initiative Intended to Increase Criminal Prosecutions

By Jodi Bjornson, National Issues Committee

As part of the federal government’s national  “Worker Endangerment Initiative”, the Department of Justice (DOJ) and the Department of Labor (DOL) recently entered a Memorandum of Understanding to more effectively investigate and prosecute workplace safety and health crimes. www.justice.gov/enrd/file/800526/download. In a corresponding Memorandum to all U.S. Attorneys dated December 17, 2015, Deputy Attorney General Sally Quillian Yates urged federal  prosecutors to actively participate in the initiative. www.justice.gov/enrd/file/800431/download.

The Memorandum of Understanding between the DOL and DOJ calls for “robust” data and information sharing between the departments, joint investigations, and an enhanced, coordinated criminal referral process. In addition, the authority to pursue workplace safety statutes was recently consolidated in the DOJ’s Environmental Crimes Section (ECS) of the Environment and Natural Resources Division (ENRD).

In addition to prosecuting more traditional environmental crimes, the ESC now has under its purview the prosecution of workers safety statutes, including criminal violations of the Occupational Safety and Health Act (OSH Act). This consolidation is reportedly to allow the ESC to provide federal prosecutors with its extensive resources and expertise in the prosecution of workplace safety crimes.

The OSH Act provides minimal criminal penalties. The most severe criminal sanctions are misdemeanors that carry a maximum six month jail sentence and a maximum $10,000 fine. As a result, Deputy Attorney General Yates suggests there are few OSH Act prosecutions. Department of Labor statistics indicate there were only 14 OSHA related referrals for prosecution in 2010; 10 in 2011; 13 in 2012; and three in 2013.[1] The initiative is intended to make OSH Act criminal enforcement meaningful.

At the heart of the initiative is the premise that employers that violate workers safety laws, such as those found in the OSH Act, also will violate environmental laws. Prosecutors can prosecute an employer who violates both worker safety laws and environmental laws in a single action to take advantage of the more serious felony crimes that accompany environmental law violations.

Deputy Yates also encouraged federal prosecutors to consider combining the prosecution of OSH Act violations with other violations that may occur in conjunction with workplace safety violations—such as those found in Title 18 of the United States Code. These include serious offenses such as making false statements, obstruction of justice, witness tampering, and conspiracy which also can bolster jail time and fines.

If the initiative works as intended, an employer could be charged with a crime under a worker safety statute (OSH Act), an environmental law violation (Clear Air Act), and a Title 18 violation (making false statements) in a single prosecution.

To what extent prosecutions will increase as a result of the initiative is difficult to predict. However, lawyers practicing in this area assert employers should assume OSHA investigations will be reviewed by federal prosecutors.[2] Others predict criminal prosecutions to occur only in the most egregious cases involving deaths, serious employer misconduct, or illegal tampering of evidence.[3]

Some lawyers believe companies that undergo a workplace safety investigation can expect that their environmental compliance activities also will be under review, and criminal and civil charges brought under the more stringent environmental statutes if applicable. They also expect safety and environmental investigations will attempt to hold individuals who participated in or authorized the wrongdoing criminally and civilly liable.[4]

As a result of the initiative, legal counsel recommends companies ensure health, safety, and environmental staff be aware of this initiative, and ensure policies and procedures regarding workplace safety and health, preparing for inspections, and responding to government inquiries are up-to-date. Involving legal counsel early in more serious injuries and deaths also is advised, especially before providing statements or producing documents. [5]

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[1] “Occupational Safety and Health Administration (OSHA) Enforcement.” Us Department of Labor, Occupational Safety and Health Administration. http://www.osha.gov/dep/2013_enforcement_summary.html.

[2] “DOJ and DOL Expand and Promote the Worker Endangerment Initiative.” http://www.kattenlaw.com/DOJ-and-DOL-Expand-and-Promote-the-Worker-Endangerment-Initiative. December 21, 2015.

[3]Smith, Miller, Newcom, and Morrison. “OSHA Update: New “Worker Endangerment Initiative” May Increase Criminal Prosecutions of Workplace Safety Violations.” http://shermanhoward.com/publications/new-worker-endangerment-initiative-may-increase-criminal-prosecutions-of -worker-safety-violations.

[4] “Workplace Safety Violations Could Lead to Felony Convictions and Stiffer Penalties Under new Initiative.” http://www.hollandhart.com/workplace-safety-violations-could-lead-to-felony-convictions-and-stiffer-penalties-under-new-initiative.  December 22, 2015.

[5] Miller, Sutton, Thies, Wolff. “Worker Endangerment Initiative May Increase Criminal Prosecutions of Worker and Health Safety Violations.”http:///www.jdsupra.com/legalnews/worker-endangerment-initiative-may-68337/. February 18, 2016.

 

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