Connecticut Law May Reduce Number of Explosions in Power Plants

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May 13, 2012 /24-7PressRelease/ -- In February of 2010, six workers were killed when a "gas blow" went horribly wrong at Kleen Energy. The site was constructing a natural gas power plant when it conducted the gas blow, which is an inherently dangerous cleaning procedure using high pressured explosive gas to clean an electric company's gas piping. The natural gas pushes out dirt, metal shards and other debris that can build up within the pipes.

In this instance, the gas blow was completed with almost 400,000 cubic feet of natural gas mixed with air. This explosive combination was released into the small tubes and led to an explosion of such enormous proportions it could fill an entire basketball arena.

A single, small error or a spark from a metal shard being pushed out of the piping during a gas blow can be devastating. This makes determining the actual cause of an accident very difficult. Investigators have yet to find the catalyst for Kleen Energy explosion, but noted it occurred when the gas accumulated after being released from the piping. Although the gas was released in an outdoor area, congestion of equipment and various structures caused it to build up. The ignition source has yet to be determined, but the U.S. Occupational Safety and Health Administration, or OSHA, states welders and running heaters near the area may have been contributing factors.

Approximately 50 people were injured in addition to the six fatalities by the explosion which leveled most of the complex and was felt miles beyond the blast site. Unfortunately, this incident is one of a long history of similar explosions, including a gas blow explosion in 2003 in California and another in Ohio in 2001.

Even with a history of explosions clearly connected to the practice of gas blows, many natural gas power stations continue to use this form of pipe cleaning. Even more concerning is the fact that industry workers often conduct the cleaning without technical guidelines.

In addition to a lack of defined procedure, a growing number of natural gas fueled power plants are being built throughout the United States. Natural gas provides a cleaner alternative to coal and is generally more plentiful. These factors could lead to an increase in serious injuries for industry workers.

Details of State Law

In response to these horrific accidents, the National Fire Protection Association, or NFPA, a national safety group that prohibits the use of natural gas to clean pipes, implemented a new standard banning gas blows. Unfortunately, the standard was not legally binding and industrial plants and other facilities were not required to follow it. Instead, the standard was intended to provide state legislatures and OSHA with encouragement to issue official regulations against the dangerous practice.

NFPA took the need for regulating gas blows very seriously and completed the standard within 24 weeks. Generally, the standard process takes a minimum of 104 weeks and often as much as 141 weeks to develop and amend.

Officials in Connecticut agreed with the standard, and the State of Connecticut passed Bill No. 5802 shortly after issuance of NFPSA's regulation. The state law bans the use of flammable gases to conduct gas blows. Congressional members are heralding the piece of legislation as a "worker protection standard."

The ban of gas blowing is predicted to spread. In fact, a director for OSHA states a similar, federal provision is "under consideration."

Liability in Employee Pipeline Injuries

It is now illegal in Connecticut to conduct a gas blow to clean piping in a natural gas fueled power plant. If a company violates this law, it may be found in violation of its duty to provide a safe working environment for all employees. As a result, a violating company will likely be held liable for any injuries that result from a gas blow.

All involved in the ban note that cleaning the piping is necessary, since the piping leads directly to a turbine which could easily be damaged by debris that may build up within the piping. However, liability may be further supported by the fact that there are many safe alternatives to gas blows. One option involves the same process but uses air or nitrogen, two gases which are not explosive. Another alternative uses forcing a cleaning object through the gas piping under air pressure. Either alternative would clean the pipes without the high risk of explosion.

Those that are injured as the result of a gas blow may be able to receive compensation to cover medical and rehabilitative expenses as well as pain and suffering. If your or a loved one experiences such an injury, it is important to seek the counsel of an experienced Connecticut catastrophic injury lawyer to ensure all your legal rights and remedies are protected.

Article provided by Cousins, Desrosiers, and Morizio, PC
Visit us at www.cdm-lawfirm.com

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New York Bill Could Reduce Sentences for Domestic Violence Victims

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    May 12, 2012 /24-7PressRelease/ -- New York Bill Could Reduce Sentences for Domestic Violence Victims

With support from the Correctional Association of New York, the Junior League and advocates for victims of domestic violence, two New York legislators are promoting legislation that would allow judges to issue reduced sentences to domestic abuse victims who commit violent crimes in self-defense.

If passed, the Domestic Violence Survivors Justice Act would allow victims of domestic violence to receive shorter prison terms or alternative sentencing when convicted of crimes directly related to their abuse. Also, because the proposed law would apply retroactively, domestic violence victims currently serving time for convictions related to their abuse would be eligible to petition the court for re-sentencing.

For a victim of domestic violence to be eligible for reduced sentencing under the proposed law, he or she must demonstrate that each of the following three criteria are met:
-At the time of the crime, the defendant was the victim of substantial physical, sexual or psychological abuse by a relative, spouse or intimate partner
-The abuse was a significant factor in the crime
-Applying standard sentencing provisions would be unduly harsh

If the law is passed, over 200 women per year may be eligible for alternate sentencing when convicted of violent crimes directly related to their domestic abuse, the director of the Women in Prison Project at CANY told the Buffalo Law Journal. Of the approximately 2,000 women currently in state prisons, according to CANY, fewer than 175 could have their sentences reduced under the proposed law.

Opponents of the legislation argue that domestic violence victims already receive consideration when convicted of crimes related to their abuse, for instance by being charged with manslaughter instead of murder. Some people also argue that the proposed law may offer a "free pass" for criminal defendants in situations that were not truly a matter of self-defense.

However, as pointed out by the bill's co-sponsor, Senator Ruth Hassell-Thompson, D-Mount Vernon, the law would give judges discretion to decide whether or not to grant a petition for reduced sentencing. Without sufficient evidence that a reduced sentence is warranted, Hassell-Thompson said, frivolous petitions would be thrown out while legitimate arguments would be given consideration.

Domestic violence victims charged with violent crimes committed in self-defense should seek help from an experienced criminal defense lawyer to help defend their rights and fight to minimize the negative consequences of the charges.

Article provided by Adler & Karliner
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Additional Bus Inspections Aim to Reduce New York Accidents

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May 03, 2012 /24-7PressRelease/ -- Over the past year, there were many tragic bus accidents in New York. These accidents are often very serious and cause numerous fatalities. In one recent tour accident, 15 people died after the bus driver swerved to avoid a tractor-trailer and ran into a pole which cut through the bus. No one left the bus unharmed.

This and other bus-related motor vehicle accidents have led officials to implement a more stringent inspection policy. Governor Cuomo and the Legislature have dedicated $1 million in funding to increase enforcement of safety policies which will include roadside inspections.

Changes to the Inspection Program

Currently, the New York Bus Inspection Program requires an inspection of each bus every six months. The New York State Department of Transportation conducts these inspections and all school buses, charter buses and tour buses must be inspected as part of program. Due to a lack of funds, the inspections are not conducted as frequently as the DOT believes is necessary to maintain safety on New York roads.

The additional funds will provide up to 7,000 additional roadside inspections each year. Inspectors will also have the ability to more closely monitor those companies who have had safety violations. For bus companies with poor safety track records, extra unannounced inspections will take place in addition to the mandatory inspections

Enforcement Is Key to Safety Improvements

During the spring of 2011, 197 tickets were issued during surprise roadside inspections, and nearly 200 bus drivers and more than 140 buses were taken off the New York and Hudson Valley roadways. As more unsafe drivers and buses are removed from New York roads, more motor vehicle drivers and passengers who depend on school buses, tour buses or public transit will ultimately be safer.

Even with increased safety inspections, accidents can still happen. If you or a loved one is injured due to the negligence of a bus driver or bus company, it is important to seek the counsel of an experienced New York auto accident lawyer to protect your legal rights and pursue all available remedies.

Article provided by Jacobowitz & Gubits, LLP
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Study Confirms e-Prescribing Systems Reduce Medication Errors

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April 28, 2012 /24-7PressRelease/ -- A recent study in Australia confirmed what many U.S. health organizations and officials promote: e-prescribing systems help to reduce a variety of medication errors. While many healthcare hospitals and clinics in the U.S. have already implemented e-prescribing and other online medical systems and processes, the government and organizations like the American Medical Association (AMA) continue to encourage their adoption. Widespread use of e-prescribing systems helps protect patients and avoid painful and costly medication errors.

e-Prescribing Method

Electronic prescribing, or e-prescribing, systems help to automate the process of ordering, dispensing and paying for prescription drugs. Typically a physician enters a script in a patient's record on the e-prescribing system, which is then forwarded to a pharmacy of the patient's choice. The prescription history, insurance coverage and any possible medication interactions or side effects for a patient are also tracked within the e-prescribing system. In addition, refills and other authorizations are managed through the e-prescribing interface.

Australian Study Findings

Researchers in Australia studied the impact of two e-prescribing systems, Cerner Millennium and iSoft MedChart, in two Australian hospitals. The study assessed whether the e-prescribing systems reduced procedural and clinical medication errors, like unclear prescriptions or incorrect doses, without introducing new system errors. Overall findings indicated that these systems "significantly reduced prescribing errors, including serious errors." The major decline was to serious errors, mainly due to less procedural issues.

U.S. Implementation Initiatives

According to the AMA, two immediate benefits to physicians and their practices after implementing an e-prescribing system are time savings and Medicare incentive payments. Through the Medicare service, the government offers incentives for healthcare clinics and hospitals to purchase and install e-prescribing systems. Once implemented, providers can earn one percent of total Medicare Part B payments for 2011 and 2012. If prescribers do not use an e-prescribing system, they may be penalized by receiving lower Medicare payments.

Avoiding Medication Errors

Clinics and hospitals should take care to make process improvements, in addition to implementing an e-prescribing system, to avoid medication errors and ensure proper quality control. While it is difficult to entirely remove the possibility of human error from the prescription process, e-prescribing systems greatly improve the care patients receive by reducing medication errors like script illegibility, incorrect medications and wrong doses. However, some patients may find themselves the victims of painful medication errors.

If you recently experienced a medication error, whether as the result of prescription or dispensing errors, contact a local medical malpractice attorney for advice. If the physician was not using an e-prescribing system, there may be a chance there were procedural or clinical errors at issue for which you deserve compensation.

Article provided by Lancione & Lancione, PLL
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