Flint Water Investigation Leads to Felony Charges for Mich. State Employees

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A driving effort to save the state money was said to be the reasoning behind the Flint, Michigan water crisis, which has been tied to lead poisoning in children, among other issues. On Tuesday the state announced felony charges against former state emergency managers, Darnell Earley and Gerald Ambrose, accused of false pretenses and conspiracy to commit false pretenses. The two were said to have been focused on balance sheets rather than the welfare of citizens when they made the decision in 2014 to switch the city’s water supply from treated water in Lake Huron to water from the Flint River.

A state investigation, which began in January, had led to charges against eight state officials and an employee of the Flint water facility.

According to the New York Times:

Charges of false pretenses, conspiracy to commit false pretenses, misconduct in office and willful neglect of duty lodged against the former managers were lauded by Flint leaders, some of whom said they had feared that blame for the city’s contaminated water might ultimately be pinned only on low-level workers.

The claims also reopened a longstanding debate in Michigan over the state’s emergency management provision, reviving questions about whether the system removes power and control over local issues from those residents who come under state oversight.

For years, governors here have appointed emergency managers as a way to efficiently cut debts and restore financial stability in the most troubled cities. But residents of some majority-black Michigan cities, including Flint, argue that the intense state-assigned oversight disenfranchises voters, shifts control from mostly Democratic cities to the state’s Republican-held capital and risks favoring financial discipline over public health.

After the decision was made to use water from the Flint River, Flint residents had began to notice a peculiar odor, color and taste in the water that flowed from their taps. Some reported skin rashes, hair loss and other physical problems. But they did not know why. Water from the Flint River was used by Flint residents for 18 months, but because it was not treated to reduce corrosion, lead from old plumbing leached into the water. Testing revealed dangerous levels of lead.

Residents soon discovered they had been lied to. Public officials had known about the lead but kept quiet. As a result, between 6,000 and 12,000 children were exposed to the contaminated water, which will likely have serious consequences for their health.

Meanwhile, efforts to fix the problem are underway. State officials switched back to the original water source in October. Michigan Gov. Rick Snyder has estimated that replacing the more than 15,000 lead service lines in Flint would take $60 million and up to 15 years.

Cyberattacks a Growing Threat for Healthcare

Because of the high value of medical records and healthcare databases to criminals, they pose ever more attractive targets. In fact, a number of reports have shown that cyberattacks are costing the healthcare industry billions of dollars annually, with a median loss of $150,000 per incident. Cybersecurity risks in healthcare have also drawn attention to the vulnerability of hospitals, clinics and other healthcare providers.

The infographic below, which is part of a series by Advisen and Hiscox, looks at:

  • The frequency of Health Insurance Portability and Accountability Act (HIPAA) violations over the past five years
  • The median loss in healthcare cyberattacks
  • The percentage increase of protected health information (PHI) losses between 2006 and 2011 for printed records, servers, laptops, desktop, website, portable data storage devices, and other sources.

It also examines which revenue groups suffered more PHI losses and the size of breaches that occurred more frequently.
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The majority of losses involve printed records, which have increased to 45% since 2011 compared to 3% by email.
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While some may think that the majority of breaches are large, in the past five years, almost 50% of breaches have been small, with fewer than 100 records lost.
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OSHA Releases Updated Workplace Safety and Health Voluntary Practices

To help medium and smaller-size businesses initiate effective safety and health programs, the Occupational Safety and Health Administration today released Recommended Practices for Safety and Health Programs, an update of its 1989 guidelines, reflecting changes in the economy, workplaces, and evolving safety and health issues. The recommendations feature a new section on multi-employer workplaces and a greater emphasis on continuous improvement, OSHA said.

“Since OSHA’s original guidelines were published more than 25 years ago, employers and employees have gained a lot of experience in how to use safety and health programs to systematically prevent injuries and illnesses in the workplace,” Dr. David Michaels, assistant secretary of labor for occupational safety and health said in a statement. “We know that working together to implement these programs will help prevent injuries and illnesses, and also make businesses more sustainable.”
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The recommendations include seven core elements for a safety and health program:

• Management leadership
• Worker participation
• Hazard identification and assessment
• Hazard prevention and control
• Education and training
• Program evaluation and improvement
• Communication and coordination for host employers, contractors and staffing agencies

Implementing recommended practices brings benefits to businesses that include healthier employees, fewer injuries and, ultimately, lower workers compensation costs:

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  • Preventing workplace injuries and illnesses
  • Improving compliance with laws and regulations
  • Reducing costs, including reductions in workers compensation premiums
  • Engaging workers
  • Enhancing their social responsibility goals
  • Increasing productivity and enhancing overall business operations

Because management leadership is an important part of the equation, OSHA recommends that business owners, managers, and supervisors:

  • Make worker safety and health a core organizational value.
  • Be fully committed to eliminating hazards, protecting workers, and continuously improving workplace safety and health.
  • Provide sufficient resources to implement and maintain the safety and health program.
  • Visibly demonstrate and communicate their safety and health commitment to workers and others.
  • Set an example through their own actions.

To establish a program, OSHA said organizations need to create a written policy signed by top management that describes the organization’s commitment to safety and health. By creating specific goals and objectives, management sets expectations for the company’s managers, supervisors and workers. The goals and objectives should focus on specific actions that will improve workplace safety and health, OSHA said.

Positive Workforce Drug Tests Reach 10-Year High

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An analysis of 11 million workforce drug tests reveals a 10-year high in positive test results, with an increase of 4%, according to the Quest Diagnostics Drug Testing Index (DTI). Post-accident positivity increased 6.2% in 2015, compared to 2014, and has jumped 30% since 2011.

The report found that amphetamine positivity increased 44% and marijuana positivity increased 26% since 2011; and that nearly half (45%) of individuals in the general U.S. workforce with a positive drug test for any substance in 2015 showed evidence of marijuana use.

Heroin positivity in that period increased 146%. The oxycodone positivity rate has declined annually since 2011, confirming previous research showing that opioid prescriptions have declined in 49 states since 2012, Quest said.

“The DTI statistics for the last five years underscore the threat to employers—and employees—from drug abusers in our workplace. The numbers on hair testing—the methodology with the longest look-back and therefore a more telling measurement of regular use—show a 34% positive-rate increase for illegal drug use by the general workforce in the last five years,” Mark de Bernardo, executive director of the Institute for a Drug-Free Workplace, said in a statement. “However, all the numbers for various testing methodologies confirm this disturbing trend and should provide a wake-up call to employers to do more to combat workplace substance abuse and to do it more effectively.”

Barry Sample, senior director of science and technology at Quest Diagnostics, noted:

  • The percentage of employees in the combined U.S. workforce testing positive for drugs has steadily increased over the last three years to a 10-year high of 4.0%.
  • According to analysis of urine drug test results, the rate of amphetamine, marijuana, and heroin detection has increased annually for the past five years.
  • Positivity rates for post-accident urine drug testing are rising in both the general U.S. and federally-mandated, safety-sensitive workforces; rates have increased 30% and 22%, respectively, since 2011.
  • Almost half (45%) of individuals in the general U.S. workforce with a positive drug test for any substance in 2015 showed evidence of marijuana.
  • Heroin positivity, indicated by the presence of the 6-AM marker, increased 146 percent between 2011 and 2015 in the general U.S. workforce.
  • The overall positivity rate for oral fluid testing increased 47% over the last three years in the general U.S. workforce—equating to almost one in 11 job applicants who are unable to pass an oral fluid drug screen.
  • Overall positivity in the general U.S. workforce was highest in hair drug tests, at 10.3% in 2015, a 7% increase over the previous year.