New Jersey Injury Lawyers Blog

The State Appellate Division recently confirmed that the high-tech Alcotest to determine a person’s blood alcohol level is not necessary to proving a drunk driving case. In fact, a person suspected of driving under the influence can be convicted solely on the results of field testing, according to the court. (1) If after reading the following, you need a Hunterdon County lawyer that can assist you with a similar situation regarding drunk driving laws in New Jersey, contact DWI attorneys The Rotolo Law Firm located in Lebanon, New Jersey, on Route 22 in the westbound lane.

The case dates back to October 2008 and involves a woman who was stopped in Manchester Township for driving erratically. The woman admitted to having two glasses of wine but said her swerving was caused by reaching down to retrieve something she had dropped. Roadside sobriety tests were administered and the woman failed. She was then brought to the police station where she agreed to take an Alcotest, which showed her blood alcohol level to be 0.15. (1) The legal limit in New Jersey is 0.08. (2)

The woman blamed her poor performance on the sobriety tests, which included walking a straight line heel-to-toe and maintaining balance with feet together and while standing on one foot as directed, on her Graves disease, an autoimmune disorder, and the fact she was wearing high heels at the time. Her lawyers questioned the validity of the Alcotest since the officer who administered it had not observed her for the required 20 minutes prior to testing. As a result, they said the test results should not be considered.(1) The 20-minute observation period is intended to ensure the suspect does nothing that could alter the results of the test. (3)

The Alcotest, which replaced the former Breathalyzer standard several years ago, is a fully-automated test that uses computer software to determine a person’s blood alcohol level. Initially there was much controversy surrounding the accuracy of the Alcotest. The State Supreme Court commissioned a study conducted by a retired Appellate Division judge who found the test to be much more accurate than the Breathalyzer standard. Based on those findings, the State Supreme Court has ruled that results from Alcotests are reliable. (4)

The above case initially was heard at the municipal level where the Alcotest results were deemed admissible, since it was determined that the officer administering the test did not have to be the same person who observed the suspect for the required time period. As the case progressed to the State Superior Court level, the prosecutor said that, due to the confusion over whether or not the observation period was monitored properly, he could not rely on the Alcotest. (1)

The Appellate Division concluded that the Alcotest is not necessary when there is sufficient evidence to convince the court that the defendant is guilty as charged. Such evidence includes the results of the field testing and the observations of the officer making the traffic stop. (1)

Driving under the influence (DUI) is a serious offense in New Jersey that carries fines ranging from $300 to $500 for a first offense, up to $1,000 for repeated offenses, plus additional fees and possible jail time. (2) Laws regarding DUI’s can be complicated and the penalties severe. If you or someone you know is involved in a DUI case in Hunterdon County, contact the lawyers at The Rotolo Law Firm.

(1) http://www.law.com/jsp/article.jsp?id=1202537242051&Woman_Convicted_of_DWI_Without_Alcotest_Loses_High_Heels_Defense&slreturn=1

(2) http://www.nj.gov/mvc/Violations/dui.htm

(3) http://www.nj.com/news/index.ssf/2009/12/state_court_rules_with_police.html

(4) http://www.totaldui.com/news/articles/breathalyzer/new-jersey-alcotest.aspx

A recent post on YouTube highlights what can happen when drivers try to run red lights; the post shows footage of crashes and near misses in New Jersey intersections. But do the red light cameras being installed at various locations throughout the State help or add to the dangers? If, after reading the following, you have issues with traffic violations in Hunterdon County, consider contacting the municipal court attorneys at The Rotolo Law Firm in Lebanon, NJ.

The YouTube video shows ten actual accidents that occurred on our roadways as drivers try to beat the light, including:

• A Hudson County driver being t-boned after running a red light;
• A Middlesex County driver slamming on brakes to narrowly miss a pedestrian in the roadway; and
• A Gloucester County driver getting hit at night after running a light. (1)

The accidents shown occurred in Deptford, Linden, Union Township, Monroe Township, Jersey City, East Brunswick and Pohatcong. All occurred during 2011. (1)

The video was put together by American Traffic Solutions, a major provider of red light camera systems in the nation. According to the video, over 100,000 people are injured every year, including hundreds fatally in accidents caused by running red lights.(1)

New Jersey began a five-year pilot program in 2008 to install red light cameras at various locations throughout the State. Since then, twenty-five municipalities have signed on to participate. (1)

Some drivers, however, suspect the program is more of a money-generator than a safety matter. They cite the possibility of even more accidents as drivers stop short at yellow lights to avoid getting caught on camera. (2)

There is no question that the cameras do generate ticket income for participating municipalities. In Pohatcong Township, for example, where cameras were installed in August, 2,500 tickets have been issued as of earlier this month at a fine of $85 each. (2)

One of the biggest areas of debate seems to be the right-on-red rule. Drivers who claim to have come to a full-stop before making a legal right-hand turn are still getting tickets as a result of the red light cameras. Drivers have become accustomed to stopping beyond the white stop line when preparing to turn right on red in order to get a better view of oncoming traffic. The cameras, however, are designed to snap photos of all cars that pass that white stop line when the light turns red. As a result, it is not definitely clear whether a driver did indeed come to a full-stop or rolled through the light. (3)

Public debate aside, New Jersey’s red light camera program is scheduled to expand next year. Nearby Phillipsburg is one of the areas on the list of possible candidates for cameras. (3)

If you or anyone you know has an issue with traffic violations in Hunterdon Count,y consider contacting the municipal court attorneys at The Rotolo Law Firm, located in Lebanon, NJ.

(1) http://www.nj.com/news/index.ssf/2011/12/nj_intersection_crashes_are_po.html

(2) http://www.lehighvalleylive.com/phillipsburg/index.ssf/2011/12/lopatcong_township_councilman.html

(3) http://www.lehighvalleylive.com/phillipsburg/index.ssf/2011/11/route_22_red-light_cameras_cau.html

Legislators have been presented with several recommendations, which are intended to make our roadways safer and, if adopted, would affect drivers of all ages. If you have been involved in a situation involving injuries because of allegedly unsafe driving, contact the personal injury lawyers at The Rotolo Law Firm, located in Hunterdon County, NJ.

The NTSB (National Transportation Safety Board) recently recommended prohibiting all use of cell phones, as well as other electronic devices, while driving. The NTSB is encouraging all states in the nation to adopt this ban, claiming that even the use of hands-free devices poses potentially dangerous distractions to drivers. (1) The NTSB wants the ban to apply to all non-emergency use of electronic devices. (2)

The American Automobile Association has stated that one-third of U.S. drivers use their cell phones regularly or fairly often while driving. The Department of Transportation claims that the simple fact of a phone conversation causes drivers to miss both audio and visual cues that could have helped them avoid an accident. (1)

Many states including New Jersey already have strong cell phone use laws on their books that prohibit texting and use of hand-held phones. Some even prohibit the use of hands-free devices for certain drivers, such as new drivers and school bus operators. No state, however, has banned the devices for all drivers and the NTSB has no authority to impose such changes.

Other changes pending legislative approval in New Jersey include stiffer rules for teen drivers.

Earlier this month, the State Assembly Transportation Committee approved the proposed changes which would include extending the driver’s permit period to one year from six months for drivers younger than 21, and would require drivers under 18 to participate in a driver’s orientation program with a parent or other adult before applying for a driver’s license. In addition, young drivers would be required to have 100 practice hours before getting their license. Accounting for these hours would be done on an “honor system” basis and attested to by the driver’s parents. (3)

New Jersey already has some of the toughest laws in the country regarding young drivers. However, supporters of the proposed changes believe that teaching safe driving habits to young drivers will prevent more accidents among our State's youth.

If you have been involved in a New Jersey accident, because the driver was on a cell phone or other electronic device, contact the attorneys at The Rotolo Law Firm with its offices at 502 Route 22 West in Lebanon, New Jersey.

(1) http://online.wsj.com/article/BT-CO-20111218-704971.html

(2) http://www.pbs.org/newshour/rundown/2011/12/cell-phone-ban-in-cars-what-do-you-think.html

(3) http://www.nj.com/news/index.ssf/2011/11/nj_teens_may_face_longer_road.html

New Jersey experienced an 18% increase in fatal car accidents during the first quarter of 2011. Officials attribute this rise, at least in part, to distracted driving.(1) High on the list of distractions for motorists is the use of cell phones and State officials are taking steps to change this behavior. If, after reading the following, you need a car accident lawyer in Hunterdon County or the surrounding areas to assist you in a similar situation regarding traffic violations, contact the The Rotolo Law Firm in Lebanon, N.J.

Since March of 2008, talking on a hand-held cell phone and/or texting has been a primary offense in New Jersey, meaning police may stop and ticket a driver solely for the reason of witnessing that driver using a hand-held device. Today such an offense carries a $100 fine and no points on the driver’s license.(2) But that may soon change. There are five bills before the Legislature which, if passed, would give New Jersey the distinction of having the toughest cell phone use laws on the books.(1)

Among the major consequences of the pending legislation would be a graduated increase in the amount of fines associated with distracted driving and the possible suspension of a driver’s license. According to reports, fines under the new law would start at $200 for the first offense and climb to $600 for the third and subsequent offenses. Drivers would also be subject to suspension of their driver’s license for 90 days for third and subsequent offenses.(1)

According to State law enforcement agencies, some 10,000 traffic tickets are written each month for violations of the State’s cell phone use laws.(1) The issuance of traffic tickets has long been a source of contention between police and the general public, with the latter sometimes looking at tickets as merely a fundraising gimmick. At least one neighboring community is taking steps to combat this notion.

During the month of December, law enforcement officials throughout Somerset County will not issue tickets for violating cell phone laws. Instead, drivers stopped for such offenses will be given warning citations and 15 days in which to view a video titled “The Last Text” and answer questions related to the video in lieu of a fine. This is part of the county’s “Put It Down” campaign designed to educate the public to the dangers of using a cell phone while behind the wheel.(3)

The Insurance Institute for Highway Safety says the risk of serious accidents is about four times higher for drivers engaged in hand-held cell phone use than for drivers who refrain. Efforts are underway to reduce this risk through education and changing laws.

When there has been a car accident, whether it is related to cell phone use or not, the individuals involved need legal representation; contact the car accident lawyers at The Rotolo Law Firm. With a location on Route 22 in Lebanon, NJ, The Rotolo Law Firm is conveniently located minutes off of Route 78.

(1) http://handsfreeinfo.com/new-jersey-cell-phone-laws-legislation

(2) http://njsaferoads.com/phone_down_overview.html

(3) http://www.mycentraljersey.com/article/20111130/NJNEWS/311300022/Put-Down-campaign-Drivers-using-cellphones-will-watch-video-pay-fine?odyssey=nav%7Chead

Driving under the influence (DUI) is a serious offense in New Jersey. While first-timers may be treated a little more leniently, repeat offenders face harsh penalties. Anyone tempted to drive under the influence should know that not all DUI convictions need to occur in this State in order to be considered a repeated offense. If, after reading this, you have questions regarding the DUI laws in New Jersey, in Hunterdon County or another county within New Jersey, contact the lawyers at The Rotolo Law Firm.

A New Jersey Appeals Court earlier this month ruled that a lower court in Bedminster was right when it treated Jeffrey Zeikel as a repeat offender after a December 2009 DUI arrest. Mr. Zeikel pleaded guilty to the charge – his fourth – in June 2010, but argued that he should be considered a first-time offender due to a provision in the State’s DUI law. That provision allows that if more than 10 years pass between a first and second offense, the second incident be treated as a first-time offense. Mr. Zeikel’s last offense before the Bedminster charge occurred in Chatham 16 years earlier. Before that, however, he was convicted twice in New York State, once in 1981 and again only 3 years later in 1984. (1)

At the original hearing in Bedminster Municipal Court, Mr. Zeikel was sentenced to 180 days in prison, received a fine of $1,006 and lost his license for 10 years. (1) Usually first-time offenders would receive jail time of up to 30 days, fines of between $300 and $500, and a license suspension of between 7 and 12 months under New Jersey law. (2)

Mr. Zeikel appealed, claiming that since 16 years passed between the two New Jersey offenses, he should be treated as a first-time offender. A Somerset County Superior Court judge upheld the earlier decision, citing Mr. Zeikel’s earlier convictions. Mr. Zeikel again appealed, stating that his New York State convictions were not “substantially similar” to his latest conviction. The State Appellate Division disagreed and, once again, Mr. Zeikel’s conviction was upheld. (1)

In 1997, New Jersey’s DUI statute was amended. Prior to that, a conviction in another jurisdiction had to be based on blood-alcohol content (BAC) of .10 percent or better in order to be considered in a New Jersey court. The amendment changed things so that prosecutors only had to show the defendant was convicted of violating a law “substantially similar in nature” to New Jersey law, taking the emphasis off of the BAC. The statute was further amended in 2003, lowering the BAC to .08 percent. (1)

The Appellate Division judges found that these amendments applied retroactively to Mr. Zeikel’s case and held that since New Jersey and New York have similar drunk driving laws, Mr. Zeikel’s prior New York convictions could be considered at sentencing in the Bedminster case. (1)

DUI laws vary from state to state and sometimes even within a state. In New Jersey the penalties can vary from offense to offense. (3) If you or someone you know is struggling with the complications of a DUI case, contact the DUI lawyers at The Rotolo Law Firm. The Rotolo Law Firm is located in Lebanon, NJ, close to Clinton and within 10 miles of Flemington, NJ.

(1) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202531231816
(2) http://www.nj.gov/mvc/Violations/dui.htm
(3) http://www.drivinglaws.org/legal-advice/dui-dwi/misdemeanor-dui/can-i-jail-time-misdemeanor-dui-conviction

Traffic accidents are on the rise across the state – a fact that a quick glance at the local news confirms.

• Mount Arlington, NJ Police Officer Killed in Car Crash (October 18, 2011)
• Highland Park. NJ Man Is Struck by Two Vehicles (October 21, 2011)
• Woman Fatally Struck Trying to Cross Route 37 in Toms River, NJ (October 21, 2011)
• Linden, NJ Business Owner Dies After Accident; Driver Was Using Cell Phone (October 26, 2011) (1)

Earlier last month, the New Jersey State Police released statistics showing that traffic fatalities are up this year, indicating an end to a four-year drop in the State. There were 445 motor vehicle related deaths in New Jersey as of October 4, 2011, compared with 418 fatalities for the same period in 2010. (2)

The causes of these accidents vary – overcrowded roadways; dangerous driver behavior, including distracted driving and driving under the influence; and poor road and weather conditions can all contribute to a motor vehicle accident. And, as if New Jersey drivers don’t have enough road hazards to face, now is the time to add yet another – deer.

Fall is mating season for the whitetail deer that populate the area. Studies by the New Jersey Department of Environmental Protection indicate this season peaks in the State’s northern counties during the first three weeks of November and in the southern counties during the last three weeks of the month and may last well into December.

The problem is these amorous herbivores pay little heed to cars as they dart across roadways in search of a mate. This is especially a problem in Hunterdon County where the deer population is extremely high and dark, rural roadways dominate the area.

Car versus animal collisions are not the only concern, although a deer hit at a high enough speed can come through a windshield causing serious injury or even death. Darting deer can cause drivers to veer out of control and hit objects, such as trees, utility poles and road barriers. They can also cause drivers to swerve into the path of other motorists, resulting in multiple vehicle collisions. The worse hours for deer-related accidents are the twilight hours which, ironically, coincide with rush hour – the time of day more cars are on the roads. (3)

This isn’t a small problem. The New Jersey Department of Transportation (DOT) has already picked up more than 4,000 dead deer from roadways as of October 20. A total of 6,020 deer carcasses were picked up from our roadways last year. Deer-related motor vehicle accidents have risen steadily in the five-year period between 2005 and 2010. The DOT reported 6,847 deer-related accidents in 2005 versus 8,365 in 2010. (3)

With all the hazards on our roadways today, even the most careful drivers can experience an accident. If you, or someone you know, find yourself involved in a motor vehicle accident in Hunterdon County, you may want to seek the advice of accident attorney. Contact the accident attorneys at The Rotolo Law Firm located in Lebanon, NJ, which is located in close proximity to Clinton and Flemington, NJ.

(1) http://www.NJ.com
(2) http://www.newjerseynewsroom.com/state/nj-traffic-deaths-on-pace-to-end-4-year-decline
(3) http://www.mycentraljersey.com/article/20111104/NJNEWS10/311040055/Deer-car-crashes-NJ-rising

It has been calculated that driving under the influence of drugs or alcohol can cost a driver up to $10,000 in fines, insurance surcharges and related expenses. (1) That cost can skyrocket depending on the severity of a resulting accident.

Last week, a New Jersey jury awarded $3,375,000 to Ernesto Sta Maria's estate; Mr. Sta Maria was killed in an automobile accident in Middletown, NJ, in 2007. Mr. Sta Maria died from injuries suffered after his car was struck by another car driven by Christopher M. Brozyna, an off-duty state trooper whose blood alcohol level registered more than two times the legal limit at the time. (2)

The lawsuit, heard by Superior Court Judge Joseph Rea in New Brunswick, was first filed in April, 2008, and included several bars that presumably served Mr. Brozyna. The jury found Mr. Brozyna responsible for 57% of the amount awarded and split the remaining judgment between two Red Bank businesses – the Dublin House, 33%, and Ashes Cigar Club, 10%. (2)

Fortunately not all accidents are as tragic as this one, but the cost to the driver charged with a DUI can still be significant. The aforementioned $10,000 price tag can apply even when no accident occurs.

National Highway Traffic Safety Administration statistics for 2009 (the last year available), show alcohol was involved in about 32% of fatal automobile accidents – or 10,839 deaths. More than 1.4 million people were arrested on DUI charges that year. (1)

Expenses incurred from a DUI include bail, which ranges from $150 to $2,500 and towing fees, which range from $100 to $1,200. Additionally, drivers face increased insurance premiums for at least three to five years. Insurance can cost customers considered “high risk” an estimated $1,500 more a year than “preferred” customers. (2)

In New Jersey DUI cases, fines for first-time offenders can range between $250 and $500, depending on blood alcohol concentration. In addition, drivers are required to pay fees in excess of $500 to various alcohol-related funds and resource centers. Repeat offenders face fines between $500 and $1,000. All offenders are also hit with a three-year surcharge amounting to $1,000 per year. (3)

DUI charges are serious offenses that shouldn’t be taken lightly. If you or someone you know is involved in or the victim of a DUI-related accident, contact the accident lawyers at The Rotolo Law Firm. The firm is located on Route 22 in Lebanon, NJ, in close proximity to Clinton and Flemington, NJ.

(1) http://money.msn.com/auto-insurance/dui-the-10000-dollar-ride-home.aspx
(2) http://www.mycentraljersey.com/article/20111021/NJNEWS/310210033/Crash-victim-s-estate-awarded-more-than-3M
(3) http://www.state.nj.us/mvc/Violations/dui.htm

Severe storms, fluctuating temperatures and flooding all wreak havoc on our roadways, creating minefields of potholes for motorists and cyclists to navigate. Damages from these road hazards can range from blown tires, pricey alignment adjustments, physical injuries and, in some cases, even death. How far does the responsibility of local governments to repair these damaged roadways go? That’s a question recently addressed by the New Jersey Supreme Court.

Just this past week, the Supreme Court was considering the extent of local governments’ liability to repair potholes as it reviewed the case of Polzo v. County of Essex. The family of Mathi Kahn-Polzo brought suit against Essex County after she died from head injuries suffered when she hit a pothole while cycling with friends on a county road. (1)

The question the Court is struggling with is whether local governments are responsible only for repairing damages they have “constructive notice” of, which meets the Tort Claims Act requirement, or if their responsibilities extend further to include establishment of an inspection program to detect road damage. (1)

While Ms. Kahn-Polzo’s estate is arguing that had Essex County properly maintained its roadways her death may have been avoided, attorneys for the county contend that the local government cannot be held responsible for repairing damages it didn’t know about. Forcing local governments to have an inspection process in place to detect all potential road hazards would put undue burden on agencies that have limited resources they claim. (1)

New Jersey is not the only state dealing with pothole problems. Wisconsin, for example, is currently battling over a proposed Assembly bill that would change a state law which allows motorists to sue local governments for damages caused by road hazards without having to prove negligence, but requires proof of negligence in similar suits against the State. Proponents of the bill say it would even the playing field between state and local governments, but opponents say it would limit the rights of motorists to recover damages. (2)

While the courts continue to grapple with the liability question, residents can do their part by reporting potholes and other road damages to the proper agencies. Local government websites can help here. Be sure to note the exact location of the damage and provide pictures if possible. Go a step further -- ask for an expected repair date and follow up. (3)

If you are someone you know has been injured in a car accident, contact the car accident attorneys at The Rotolo Law Firm to protect your legal rights.

(1) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202516933540&slreturn=1

(2) http://findarticles.com/p/articles/mi_qn5302/is_20110902/ai_n58123628/

(3) http://www.ehow.com/how_2126929_complain-potholes.html

For the dog lovers among us, our pets are family. We pamper them, we love them and, when they die, we grieve them. But with dog ownership comes responsibility and there are laws to assure those responsibilities are met.

Most states, including New Jersey, hold dog owners responsible for damages caused if their dogs bite a person. The N.J.S.A. 4:19-16 statute addresses no other injury except dog bites and holds true even if the dog is in the possession of someone other than its owner – a dog walker, for example – when the attack occurs. There are exceptions to this law including instances when the victim is on the dog owner’s property illegally. (1)

What happens, though, when one dog attacks and kills another? That’s a question the New Jersey Supreme Court has agreed to consider. (2)

The case involves Joyce McDougall who, in July 2007, witnessed a fatal attack on her dog, Angel, a Maltese and poodle mix, while visiting the state from her hometown in Virginia. Ms. McDougall was walking Angel when another larger dog came out of a nearby house and attacked her dog. Ms. McDougall watched as Angel was mauled, shaken and left dead on the sidewalk. (3)

A Morristown Superior Court Judge awarded Ms. McDougall $5,000 in economic damages, but ruled she was not entitled to recover any emotional damages even though she had witnessed the vicious attack. That decision was later upheld by a New Jersey Appellate Court. (3)

The law considers dogs, and other pets, property -- not family and, as such, owners are not entitled to recover emotional damages upon their loss. The law currently only allows for the recovery of emotional damages under certain circumstances when a person witnesses the tragic death of a human family member – not an animal. (2)

While a date for the Supreme Court’s hearing of this case has not yet been announced, the Court’s decision could bring changes to animal law as we now know it.

(1) http://www.animallaw.info/statutes/stusnjst4_19_16.htm
(2) http://www.nj.com/news/index.ssf/2011/08/nj_supreme_court_to_consider_l.html
(3) http://www.dailyrecord.com/article/20110816/NJNEWS/308160020/State-Supreme-Court-hear-Morris-Plains-case-decide-owner-killed-dog-can-claim-emotional-distress

New Jersey will soon have to design a new test for screening candidates for municipal and county police sergeant positions according to a settlement reached between the U.S. Justice Department and the State. (1)

In January 2010, the Justice Department filed suit in U.S. District Court in Newark alleging that the civil service test used by the State’s local and county police departments discriminated against African American and Hispanic applicants. The test, according to the Justice Department, did not help to find the best candidates for the position, but rather disqualified an unequal number of blacks and Hispanics. (2)

The current test has been used since 2000. (3) During the period from 2000 and 2008, the Justice Department claimed, 89% of Caucasian candidates passed the test, which was administered by about 120 county and municipal law enforcement departments, compared with 77% of Hispanic and 73% of African American candidates. (2)

Under terms of the settlement, New Jersey would cease using the current test, design a new one and put aside $1 million to be used as back pay for those candidates the Justice Department’s Civil Rights Division deems were negatively affected by the current test. In addition, those candidates would be given preferential consideration for future sergeant position openings. (1)

This settlement is subject to approval by a federal judge. (3)

(1) http://www.nj.com/news/index.ssf/2011/08/nj_must_create_new_sergeant_se.html
(2) http://www.newjerseynewsroom.com/state/new-jersey-police-sergeant-promotion-test-declared-discrimatory-against-blacks-hispanics
(3) http://www.newser.com/article/d9orj6g02/nj-justice-department-reach-settlement-in-case-alleging-discriminatory-police-promotion-tests.html

When the job market is as tight as it is now, few workers are willing to make waves and risk losing their employment. But should workers risk their health and safety or that of their co-workers or the public just to keep a job? There are a number of laws, both on the state and federal level, intended to keep New Jersey workers safe in the workplace and free from reprisal should they refuse to perform an unsafe job.

The Occupational Safety and Health Act (OSHA), the National Labor Relations Act (NLRA) and the Labor Management Relations Act (LMRA) are some of the laws that protect workers on the federal level. In New Jersey, workers also have the protection of the New Jersey’s Conscientious Employee Protection Act (CEPA) and the Public Employees’ Occupational Safety and Health Act. In additional, there are a number of industry-specific statutes that also aim to protect workers under certain circumstances. (1)

Perhaps the most recognized of these laws is OSHA. The Occupational Safety and Health Administration (also called OSHA) protects the employee’s right to a safe workplace by hearing complaints, performing inspections of workplaces and imposing fines on businesses found to be in violation of safety standards. (1) For example this past spring, OSHA found a West Trenton ball-bearings manufacturer guilty of 21 safety violations and fined the company $88,200. (2) Separately a New Jersey general contractor and five subcontractors were fined a total of $95,470 for 20 health and safety violations. OSHA does not, however, grant rights to employees to overtly refuse an unsafe work assignment. (3)

The Protecting America’s Workers Act of 2011 (PAWA), currently pending in Congress, would increase employee protections by broadening the protections of OSHA. If adopted, the new law would, in part, protect employees from punishment for refusing to perform an assignment if the employee had a reasonable concern that the assignment could result in harm to him/her or other employees. (1)

With these protections come various responsibilities for the employees. Simply refusing to perform the job is not an option. The employee must show that he or she refused to do the work in good faith. Also the employee must make the employer aware of potential hazards and request the hazards be resolved. Assuming there is time and danger is not imminent, the employee is responsible for following the proper channels for enforcing the statute. (1)

(1) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202503856313&slreturn=1&hbxlogin=1
(2) http://www.nj.com/news/times/regional/index.ssf?/base/news-22/1301636720142260.xml&coll=5
(3) http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=19875

As rising temperatures lure more people to the water, boaters are reminded to use caution and stay safe.

In under one month, three fatal boating accidents occurred in the waters surrounding New Jersey:

*A Lacey Township man was reported missing and presumed dead after being knocked from a speedboat, apparently by a wave created by another boat. His friend suffered a fractured arm in the incident. (1)

*A boating accident near the Statue of Liberty left one New Jersey man dead and another facing charges of vehicular homicide, endangering the welfare of a child and operating a vehicle under the influence. (2)

*An 18-year-old Bayville man was charged with reckless operation of a vessel and failure to report a fatal accident following a June 10 incident in which the canoe he and a friend were riding in took on water and overturned in the Barnegat Bay. (3)

Crashes are not the only cause of death or injury while boating. In fact, the Coast Guard Auxiliary reported that boat propellers were the leading cause of death or injury. People fall from boats for various reasons including collisions with another boat or a submerged object, unpredictable waves and changes in speed of the boat. Inexperience, negligence, incompetence and the influence of drugs and alcohol can all contribute to boating accidents. (4)

As the July 4 weekend kicked off summer activities, New Jersey officials reminded boaters and users of personal watercraft, such as Jet Skis to stay safe. Personal watercraft are subject to the same regulations as boats, according to Raymond Martinez, chairman of the New Jersey Motor Vehicle Commission. Like boaters, operators of personal watercraft must be 16 or older and have passed a course in boating safety. (5)

As of July 1, 17 boating accidents have been reported to the New Jersey State Police, including two fatalities. Last year, 116 boating accidents, including eight fatalities, were reported in the State. (5)

On a positive note, the Coast Guard last year reported a trend across the nation of decreasing numbers of boating deaths. Several factors were attributed to this lower rate, including a decrease in the number of registered boaters in the country. However, the Coast Guard also noted that inspections, boating safety classes and an increase in the number of adults wearing life jackets have also played a role in reducing the number of deaths by boating. (6)

(1) http://www.nj.com/news/index.ssf/2011/06/rescue_effort_for_missing_lace.html
(2) http://www.nj.com/news/index.ssf/2010/07/fatal_boat_crash_statue_libert.html
(3) http://www.nj.com/news/index.ssf/2011/07/bayville_man_is_charged_wih_re.html
(4) http://blog.nj.com/boating/2011/07/prop_danger.html
(5) http://www.nj.com/newsflash/index.ssf/story/nj-officials-urge-boaters-to-stay-sober/bd25e10133a340eca298bd2b036e7001
(6) http://www.nj.com/news/index.ssf/2011/06/boating_deaths_in_nj_rose_last.html