By Keryl Burgess Douglas
The Houston Sun
Legal Journalist

Employees not only deserve, but are owed by their employers, a duty of safety in the workplace.  Strong and effective legislation has granted every employee the right to standards of occupational safety and health in their place of employment.  The tragic, yet preventable recent deaths of 29 miners is shockingly sobering reminder of our right and duty to report workplace safety and health hazards. 

OSHA, the Occupational Safety and Health Act of 1970, provides employees protection and avenue to file complaints and concerns regarding safety and health hazards in the workplace.  Even where the names or identities of reporting employees are kept secret or shielded from the employers, the complaints and resulting investigations are taken very seriously.  Any attempts by an employer to retaliate against a reporting employee are also taken very seriously and the law grants employees remedy in this case as well.

A person does not have to be certain that an OSHA violation has occurred in order to file a complaint.  If the person has a reasonable belief that lives, health or safety are at risk, or workplace safety and health standards are being violated, a complaint can be made to OSHA requesting an investigation.  Complaints may be made to OSHA online, by phone, fax, or written communication, with the latter most often resulting in onsite investigations.

Some individuals feel comfortable enough to first take concerns to the employers, permitting internal resolution of the concerns.  The recent mining catastrophe further eroded confidence that matters will be effectively resolved internally by the employer given the number of warnings and citations for violations received by the owners of the mine in recent years and months leading up to the deadly blast.  Thus, I have not discouraged individuals who preferred to first consult me or other attorneys of their choice prior to filing of complaints in an attempt to make sure they are protected from retaliation or discrimination based on their reporting of perceived violations. 

If violations or work conditions might result in immediate or emergency threat to life, health or safety, the Regional OSHA office should be called directly and immediately at 972-850-4145.  The Region 6 Office for Texas, Arkansas, Oklahoma, Louisiana, and New Mexico, is located in Dallas at 425 Griffin Street, Suite 602, 75202.  The fax number is 972-850-4149.  Emergency calls may be also be made to 1-800-321-OSHA.

When reporting to either OSHA or consulting an attorney, accurate information with as much detail as possible should be readily available to share regarding the possible OSHA violations or unsafe working conditions.  It should be particularly reported where employers have been informed of unsafe conditions and failed to resolve the matter internally.  Types and numbers of workers, chemicals, equipment, tasks, safety gear, exposure, protocol, trainings, workshifts, processes, incidents, illnesses, accidents, injuries, medical treatments, prior violation citations, noxious odors, leaks, neighboring work or projects, lengths of employments and times of exposure, etc. are all points of information that should be shared wherever possible with OSHA or attorneys in initial reporting. 

It is a legally protected right to work in a safe environment.  Don’t allow fear, intimidation, or the compiling of the relevant facts discourage you from making reports that may save and protect the life and health of hardworking citizens.  Incidents at BP, the recent mine explosion and other workplace catastrophes have proven the importance of vigilant oversight, corrective measures and OSHA conformance.

We welcome your comments and questions.  Please e-mail or write us at info@houstonsun.com. This information is provided for general purposes only and should not be relied on as legal advice nor considered a solicitation to provide legal advice.  For legal advice, see the lawyer of your choice.

Keryl Burgess Douglas is a proud Thurgood Marshall School of Law Graduate, finishing Summa cum laude as #5 out of her class of 202.  She has one son, James Matthew II, and practices law in Houston, Texas.  

Nashville, Tenn. –– Wayne J. Riley, M.D., MPH, MBA, MACP, President & Chief Executive Officer of Meharry Medical College has been elected to the prestigious Society of Medical Administrators (SOMA).

SOMA started in 1909 as the Medical Superintendents Club, a small group who met annually in New York City to discuss hospital administration. Originally, membership was limited to 25 people, all of whom had to be physician CEOs of hospitals. Charter members included the directors of Massachusetts General Hospital, Mt. Sinai Hospital in New York, Bellevue Hospital, Cincinnati General Hospital, Brigham Hospital, Barnes Hospital and New Haven Hospital. Membership was by election and had to be unanimous. These criteria remain in place today.

By 1949 the organization expanded to 50 active members — where it stands today — and was composed of physicians with major leadership responsibilities in healthcare organizations and health facilities not limited to acute care hospitals. Notable members include Harry R. Jacobson, M.D., vice chancellor for Health Affairs, emeritus at Vanderbilt University Medical Center. Jacobson and Riley are the only two Nashvillians of three Tennesseans in the group.  Prominent current members include: Dr. Darrell Kirch, President & CEO of the Association of American Medical Colleges, Dr. Marc Chasin, President of The Joint Commission, Dr. Peter Slavin, President, Massachusetts General Hospital and Dr. Christine Cassell, President of the American Board of Internal Medicine.  Riley is the third Meharrian, and the first Meharry Medical College leader to be elected to SOMA. Meharry Trustee Dr. Neal Vanselow, Chancellor Emeritus of the Tulane University Medical Center, is also a member of the group as well as distinguished Meharry alumnus Retired Major General Dr. Leonard Randolph, Senior Vice President & CMO, Mercy Health Partners.

“It is a tremendous honor for Meharry and Nashville for Dr. Riley to have been elected into such an elite group,” Jacobson said. “Dr. Riley’s appointment demonstrates that the nation’s top health care administrators recognize his superb leadership and management skills. ”

Riley is the 10th President of Meharry Medical College. Previously, he served as Vice-president and Vice Dean for Health Affairs and Governmental Relations and Associate Professor of Internal Medicine at Baylor College of Medicine (BCM) in Houston, Texas.

“Dr. Riley’s election is well-deserved; he is a tremendously gifted administrator and leader who joins a prestigious group of other physicians who are leaders in medicine,” said Dr. Vanselow, adding that “he will contribute a great deal to the organization and he will gain a great deal.”

About Meharry Medical College
Meharry Medical College is the nation’s largest private, independent, historically black academic health center dedicated solely to educating minority and other health professionals. True to its heritage, it is a United Methodist Church affiliated institution. The College is particularly well known for its uniquely nurturing, highly effective educational programs; emerging preeminence in health disparities research; culturally sensitive, evidence-based health services; and significant contribution to the diversity of the nation’s health professions workforce. Diverse Issues in Higher Education’s ranking of institutions annually lists Meharry as a leading national educator of African Americans with M.D. and D.D.S. degrees, and Ph.D. degrees.

INVITATION FOR BIDS
MANHATTAN CONSTRUCTION COMPANY is soliciting subcontractor/supplier bids from qualified Historically Underutilized Businesses (HUBs) for the John Sealy Hospital Modernization, Stage 6 N.I.C.U. on Level 3 of the John Sealy Annex located at the University of Texas Medical Branch in Galveston, Texas. The proposal due date is April 6, 2010 by 3:00 p.m.

The work includes renovation of the 3rd Floor John Sealy Annex to upgrade the HVAC system. The scope includes duct-work modification for new air terminal units, associated electrical work, removal and re-installation of acoustical ceilings, infection control, repair to interior wall finishes, and new drywall and acoustical ceilings. The bid packages are Mechanical; Electrical; Fire Alarm; Drywall, Ceilings and Paint; Wall Protection and Toilet Accessories; and Infection Control.

Bidders are required to attend one of the mandatory pre-proposal conferences. The conferences are to be held Thursday, March 25th 2010 and Tuesday, March 30th 2010 at 10:00 a.m. Conference location is Level One of the John Sealy Hospital Tower, Building M90, Wing D. Enter at the Manhattan Construction site office located at the South Entrance of the Tower Wing, facing Market Street.

The criteria for evaluation and selection of successful proposals will include the following:

Competitive pricing, demonstrated capability on work of similar size and complexity, financial resources to satisfactorily perform the work within the time schedule projected, favorable references from past customers, verifiable safety record, the ability to furnish the required insurance, and if required the ability to provide acceptable bonding.

PROPOSAL DUE DATE is April 6, 2010 by 3:00 p.m. Submit proposals to:

Manhattan Construction Company
Mr. Bruce Bruning
University of Texas Medical Branch at Galveston – Materials Management Building
1302 Mechanic – 2nd Floor OFPC Office
Galveston, Texas 77555-1116
REF: UTMB John Sealy Hospital Modernization – Stage 6
Contact Bruce Bruning at:
Phone Number: (713) 529-0000

COMMUNITY EVENT
Please keep this Sunnyside March on Crime Event in mind.  Make it a part of your to-do-list plans.  You're in charge of what goes on in your community.  If you live, commute, attend church or work around the Reed Road area in Sunnyside THIS CONCERNS YOU!!!!!!!

HPD, Blueridge UMC, and the Mayor of Sunnyside presents "Sunnyside March on Crime"
Friday March 26, 2010, Blueridge UMC, Wanda Bess, Pastor

HELP WANTED
Recruitment Department is in need of an employee in this category.

BOOKKEEPER, PAYROLL / PAY RECEIVER.  Our salary is attractive plus benefits and takes only little of your time.
Requirements -- Should be computer literate, NO age discrimination, must be efficient and dedicated.  For more info,Contact or KAPSALIS LLOYD at kapsalis00@gmail.com

Classified Advertising
Call 713-524-0786 (0SUN) to place your classified advertisement in the Sun or email your ad to advertising@houstonsun.com.  We accept all major credit cards.  Fax to 713-524-6786.

By KELLEY SHANNON
AP Political Writer

AUSTIN, Texas (AP) — Attorney General Greg Abbott, who joined a multistate lawsuit challenging the new federal health care law this week, is taking heat from Democrats who say he backed a plan that required non-custodial parents to provide medical coverage for their children.

The health-care overhaul enacted this week requires most people to buy insurance or pay a fine. Texas and a dozen other states are challenging the new law in part on that requirement, which they argue is unconstitutional.

Abbott contends there's no hypocrisy on his part in trying to boost compliance with child support health insurance laws. His office says the program he supported is quite different than the health care overhaul bill that President Barack Obama signed this week.

But Abbott's election opponent, Barbara Ann Radnofsky, the Democratic National Committee and other Democrats disagree.

“It's really a beautiful example of hypocrisy,”' Radnofsky said.  “The attorney general was happily acceding to the federal requirements of mandating the noncustodial parent, usually the dad, to pay for health insurance or making a medical payment. ... The ironic thing is he was promoting very broad health care mandates.''

At the center of the dispute is a new state law that created ChildLink, an alternative insurance program for parents of the 1.3 million children in the state's child support collection system, which is managed by the attorney general's office.

Federal and state laws since 1995 have required those parents to provide “medical support'' for their children, Abbott spokesman Jerry Strickland said, and Abbott is simply carrying out existing law.  Parents could provide insurance through their employer, through private coverage or through cash payments.  ChildLink takes the place of those cash payments with a low cost health insurance policy, Abbott has said.

“ChildLink does not establish a new mandate,'' Strickland said.

Asked whether Abbott was endorsing or facilitating an existing law that required certain parents to buy health coverage, Strickland said: “That's the law.  It's no new mandate.  And it's constitutional to do so.''

But Abbott appeared before a conservative group in January 2008 and proposed making private sector health insurance available to uninsured children in Texas' child support system.

In a newspaper opinion piece he wrote in June 2009, as the Texas Legislature finished its session, he urged Republican Gov. Rick Perry to sign the ChildLink law.  Abbott said it ``does not impose new financial obligations on parents.  Rather, it simply shifts their duty from an obligation to pay cash medical support to an obligation to pay health insurance premiums.''

Perry signed the measure.

In the lawsuit filed by Texas and 12 others states in Florida on Tuesday challenging the new federal health care law, Abbott claims among other things that the federal law violates the Constitution by requiring citizens to buy health insurance and violates the 10th Amendment protection of states' rights.

Strickland said those legal claims don't apply to the child support health insurance law.  For instance, he said, Texas can require drivers to purchase car insurance, but the federal government cannot.

HuffPost Politics reports that the lawsuit alleges that the new law is unconstitutional because it imposes a mandate requiring citizens to buy insurance.

Turns out, the HP reports however, that Abbott strongly supported a law in Texas last year that requires divorced parents to purchase insurance for their kids, even if they prefer to pay for their medical expenses out of pocket.

Sun Photo: Lonal Robinson

Attorney Ben Hall (left) opened his office in Montrose to Congressman Al Green to host a dinner for civic leaders, business owners and the clergy to discuss ways to aide Haiti after the January 12th 7.0 earthquake. Seated (left to right) are: Ben Hall, Ambassador Raymond Joseph, Haitian and Martin Luther King III. Standing are Congresswoman Sheila Jackson Lee and Congressman Al Green.  About 50 guests attended the dinner meeting with all making verbal pledges to support the rebuild of Haiti beyond the turning off of the television cameras. (Additional photos coming soon).

Keryl Burgess Douglas
The Houston Sun

The recent drop in the unemployment rate, while small, is tremendously encouraging to many.  However, these critical times still call for critical measures to decrease, or ideally eradicate, unemployment.  As usual, the financial dearth is hardest felt in the Black community; which is why Black leaders and civil rights organizations around the nation have increased the urgency of their appeal that President Obama take specific and immediate steps to reverse the skyrocketing unemployment among Blacks.   

Many ideas worthy of serious consideration have been presented to Obama.  One of the most exciting is that of providing the necessary avenues for increased creation of new Black-owned businesses, access to capital for existing businesses, and removal of systemic, discriminatory barriers to economic success of black-owned businesses.

Entreprenuership can not only remove the new business owner from the unemployment rolls, but also create an exponentially positive impact on unemployment by the hiring of many others by this new business.  Many individuals forced into unemployment by massive layoffs and hiring freezes have already found their economic niche in business-ownership.  Many new businesses are run from home, minimizing overhead costs.

For those who will also soon embark on their own entrepreneurial journey, there are some legal aspects to creating, organizing and running your own business.  Many individuals successfully run their business without legal counsel.  However, in many instances, it is best that legal aspects of business ownership be researched and incorporated into the business development plan to achieve sustaining success.  

My belief is that a fee paid to an attorney will more than pay for itself through the returns of a properly established business, as well as through the avoidance of legal or tax pitfalls, penalties, etc. If you cannot afford to pay an attorney, a wealth of information is available on the internet or can be attained through attending various business seminars.

A major consideration is the proper structure for your business; whether to form as sole-proprietorship, partnership (general, limited, etc.), corporation, (S- or C-) or joint venture.  If incorporating, consider which state provides the greatest advantages to suit your business needs.  While Delaware is the most popular state of choice, your business model may require differently.  

The tax treatments, legal liability or exposure, licensing requirements, etc., differ based on the answers to such initial basic questions.  Many individuals may not really know all of the important questions to ask or consider.  This is why I recommend consulting a business attorney to establish a new business or to properly formalize an existing one.  Either way, “the new business” may be the best and most immediate “new job” for many seeking economic stability in these trying times.  If this is you, we certainly wish you the greatest of success in your endeavors.

We welcome your comments and questions.  Please e-mail or write us at info@houstonsun.com. This information is provided for general purposes only and should not be relied on as legal advice nor considered a solicitation to provide legal advice.  For legal advice, see the lawyer of your choice.


Keryl Burgess Douglas is a proud Thurgood Marshall School of Law Graduate, finishing Summa cum laude as #5 out of her class of 202.  She has one son, James Matthew II, and practices law in Houston , Texas .

Tyson Jett joined B&C Associates in 2007


Robert J. Brown, Chair & CEO of B&C Associates, Inc. last week announced the promotion of Annie Tyson Jett to the role of President & COO for the organization effective January 1, 2010. Tyson Jett replaces Dr. Frankie T. Jones, who resigns effective December 31, 2009 to pursue a second Ph.D. at Oxford University, beginning in January.

Tyson Jett joined B&C Associates in 2007 as Senior Vice President and Chief Human Resources Officer and provided account leadership and served as interim COO, in Jones’ absence.  “Tyson Jett’s 30-year career as an internal practitioner and external consultant positions her well to lead the organization,” said Brown.

Tyson Jett started her corporate career with Burlington Industries, Inc. in manufacturing management and personnel management (human resources).  She further honed her HR skills in various generalist roles for operating units of Sara Lee Corporation, as well as leadership assignments in benefits management, diversity and inclusion, and organizational development and design.  Mr. Brown highlighted that Tyson Jett owned and led a profitable consulting business for 15 years.  Brown stated that “Annie’s background, business acumen and leadership abilities make her uniquely qualified for the position of President & COO.”

Mr. Brown expressed his regret that Dr. Jones plans to leave his full-time capacity at B&C, having been with the company for 15 years.  Brown shared that he is “grateful for Frankie’s fine work, representing B&C both in the US and abroad. In addition to his operational leadership, he traveled extensively, developing B&C’s International BookSmart Foundation.  Frankie is a true professional.”

B&C Associates is a public relations and strategic consulting firm based in High Point, NC.  Incorporated in 1960, the company is the oldest African American owned and operated public relations firm in the nation.