Workers' Compensation

Nursing Home Abuse: Drugging of Patients

2012-01-28T10:45:00.002-05:00

Many seriously injured workers end up living in nursing homes for convenience and care. Workers compensation act usual pay for nursing home care, but do they really know what they are funding? Just published is a report indicting nursing homes for pharmaceutical abuse.

Click here to read: CANHR releases a new report on the sad state of nursing home drugging in California

"Today, CANHR is releasing "In a Stupor: What California’s Antipsychotic Drug Collaborative Reveals About Illegal Nursing Home Drugging." The report analyzes the findings of the Department of Public Health's Antipsychotic Drug Collaborative with which the Department has investigated 24 nursing homes and found 147 violations of state rules regarding the use of antipsychotics on residents. The Department's investigations confirm that misuse of antipsychotics is rampant in California nursing homes and deserves immediate remedial action...."

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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

OSHA fine metal finishing plant $51,680 after employee burned

2012-01-28T10:24:00.001-05:00

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US Labor Department's OSHA cites Syracuse, NY, metal finishing plant

for repeat and serious safety violations after employee burned

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Anthony River Inc. for nine serious and three repeat violations of workplace safety standards after an employee was burned at the metal finisher's Syracuse plant.

"While it is fortunate that no life was lost here, this is a graphic example of the harm that workers and businesses can suffer when basic, common-sense and legally required safeguards are neglected," said Christopher Adams, OSHA's area director in Syracuse.

On Sept. 20, flammable vapors ignited in a storage room holding more than 800 gallons of flammable liquids, and a plant employee who tried to extinguish the fire sustained burns that were not life-threatening. OSHA's inspection identified several safety deficiencies involving the storage and dispensing of flammable liquids, including a lack of ventilation in the storage room. Additionally, the room was not constructed to meet the National Fire Protection Association's required fire-resistance rating, numerous containers of flammable liquids were open and uncovered, flammable liquids were dispensed without the nozzle and container being electrically bonded, and a lighter was allowed to be ignited in the storage room.

Other serious hazards include a lack of fire extinguisher training, blocked fire extinguisher access, ungrounded electrical equipment, unlabeled containers of hazardous chemicals, and uninspected and unrated overhead hoists and lifting devices. The serious violations carry a total of $33,000 in fines. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The repeat violations, carrying $18,680 in fines, involve hazards similar to those cited against the company by OSHA in 2010 and 2011, including the lack of an operating sprinkler system for a paint spray booth where flammable paint was used, the accumulation of combustible residue on paint spray booths and the use of an extension cord in place of fixed wiring. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

"Hazards can be eliminated by an effective illness and injury prevention program in which management and employees work together to identify and prevent hazardous conditions," said Robert Kulick, OSHA's New York regional administrator.

Proposed penalties total $51,680. Anthony River Inc. has 15 business days from receipt of the citations and proposed penalties to comply, meet with OSHA or contest the findings before the independent Occupational Safety and Health Review Commission. To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Syracuse Area Office at 315-451-0808.

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Workplace Violence: Workers Compensation Judge Removed For Taking a Gun To Work

2012-01-28T07:39:00.002-05:00

I once walked into a workers' compensation court and the Judge was using a 3 foot sledge hammer as a gavel. How far a field one can go before crossing the line of what is appropriate conduct for a judge was the subject of a recent court decision.

A Court in Pennsylvania has ruled that it is unlawful for a workers' compensation judge to bring a gun to work. The judge was removed from office and terminated.

Click here to read: Peter E. Perry v. State Civil Service Commission, No. 2751 C.D. 2010 (PA 2011)

"....the Commission credited L&I‟s evidence regarding the existence of its policies concerning weapons in the workplace and Perry‟s 14 violations of those policies. The Commission‟s supported findings reveal the following. L&I issued its employees a Weapons Policy Statement, which specifically prohibited the possession of weapons, including, among other things, all forms of firearms, “while in or on property owned or leased by [L&I].” F.F. No. 9; R.R. at 134a. The policy specifies that violations “may lead to disciplinary action up to and including termination from employment.” R.R. at 134a. Perry received this policy. F.F. No. 10; R.R. at 136a-37a. Perry also received a copy of Management Directive 205.33 relating to workplace violence, issued by the Governor‟s Office, Secretary of Administration, which applied to all agencies under the Governor's jurisdiction. R.R. at 125a-32a, R.R. at 136a-37a."

Carolina Asbestos Textile Industry Risk High Mortality

2012-01-26T10:00:00.001-05:00

Image via WikipediaStudies of workers in two US cohorts of asbestos textile workers exposed to chrysotile (North Carolina (NC) and South Carolina (SC)) found increasing risk of lung cancer mortality with cumulative fibre exposure. However, the risk appeared to increase more steeply in SC, possibly due to differences in study methods. The authors conducted pooled analyses of the cohorts and investigated the exposure-disease relationship using uniform cohort inclusion criteria and statistical methods.

Increased rates of lung cancer were significantly associated with cumulative fibre exposure overall and in both the Carolina asbestos-textile cohorts. Previously reported differences in exposure-response between the cohorts do not appear to be related to inclusion criteria or analytical methods.

EPA Issues Annual Report on Chemicals Released Into Land, Air and Water in New Jersey

2012-01-26T09:00:00.000-05:00

The U.S. Environmental Protection Agency issued its 25th annual report on the amount of toxic chemicals released in 2010 to the land, air and water by industrial facilities in New Jersey. The Toxics Release Inventory (TRI) report covers 411 New Jersey facilities that are required to report their releases to the EPA. Total releases of chemicals in New Jersey were higher in 2010 than in 2009. A significant portion of the 2009-2010 increase was due to increases in wastewater being discharged from the DuPont Chambers Works, Conoco Phillips and Paulsboro Refining Co. LLC.

“Transparency is a powerful tool,” said EPA Regional Administrator Judith A. Enck. “The Toxics Release Inventory allows the public and policymakers to better understand the pollutants released to our air, water and land each year and gives them the information they need to take action in their communities. The data that was released is a reminder of how important TRI has been in helping us create a healthier environment, and the work still needed to be done to reduce industrial pollution.”

Last year marked the 25th Anniversary of the Toxic Release Inventory. In 1986, New Jersey Senator Frank R. Lautenberg authored the legislation that established TRI, which was signed into law as part of the Emergency Planning and Community Right-to-Know Act. Since that time, TRI data has been provided to the public annually to inform the public about the chemicals present in their local environment and gauge environmental trends over time. The inventory contains the most comprehensive information about chemicals released into the environment reported annually by certain industries and federal facilities. Many of these facilities are required to install and maintain pollution controls to meet the limits on pollution set forth in their permit.

Facilities must report their toxic chemical releases by July 1 of each year. EPA made a preliminary set of data for 2010 available in July 2011, the month the reported data was collected. Nationally, over 20,000 facilities reported on approximately 650 chemicals for calendar year 2010.

EPA has improved this year’s TRI national analysis report by adding new information on risks, facility efforts to reduce pollution and details about how possible economic impacts could affect TRI data. With this report and EPA’s Web-based TRI tools, the public can access information about the disposals and releases of toxic chemicals into the air, water, and land that occur in their communities.

To view an area fact sheet, visit: http://www.epa.gov/triexplorer/statefactsheet.htm

US Asbestos Imports Increases in 2011

2012-01-26T08:00:00.001-05:00

The United States has yet to ban asbestos, a known carcinogen, and in 2011 the amount of asbestos that the US imports increased according to US government statistics. It is axiomatic, that the legacy from the this increase of asbestos imports will cause an increase in asbestos related illness in the US 30 years down the road as asbestosis and malignancies such as lung cancer and mesothelioma rise.

The following statement was issued today by Linda Reinstein, Co-Founder, President & CEO of the Asbestos Disease Awareness Organization, regarding the 2012 United States Geological Survey report about the dramatic increase in asbestos importation to the United States:

"As a Mesothelioma widow and asbestos awareness advocate, I was appalled and shocked to discover today that the 2012 United States Geological Survey (USGS) Mineral Commodity Summaries reported asbestos consumption from January through July of 2011 to be 1,100 metric tons; however, when comparing a previous report from January through July of 2010, asbestos consumption was reported to be 820 metric tons. This difference of 280 metric tons represents a 25% increase in consumption. For more than three decades, asbestos has been a known human carcinogen, yet occupational and environmental exposure continues throughout the United States.

There is no safe limit for asbestos exposure. Asbestos should be banned in the US. The introduction and use of asbestos fiber into the US environment will only perpetuate a legacy of fatal disease for future Americans.

Click here to read: USGS Mineral Commodity Summaries 2012
"Domestic Production and Use: Asbestos has not been mined in the United States since 2002. The United States is dependent on imports to meet manufacturing needs. Asbestos consumption in the United States was estimated to be 1,100 tons, based on asbestos imports through July 2011. Roofing products were estimated to account for about 60% of U.S. consumption; the chloralkali industry about 35%; and unknown applications, 5%."

Privacy Limits for Social Networking: The Right To Be Forgotten

2012-01-24T11:50:00.001-05:00

The explosive use of social media information as a discovery and an investigatory tool in workers' compensation matters may soon be reaching its limits as the European Union is proposing privacy data regulations. The proposed regulations would allow users to shut down and literally expunge their social media records. It would be enforceable with heavy economic sanctions against social media providers.

Click here to read : Europe Weighs Tough Law on Online Privacy (NYTimes.com)
"The proposed law strikes at the heart of some of the knottiest questions governing digital life and commerce: who owns personal data, what happens to it once it is posted online, and what the proper balance is between guarding privacy and leveraging that data to aim commercial or political advertising at ordinary people."

Workers Compensation Fails to Cover Most Occupational Disease Claims

2012-01-24T10:00:00.015-05:00

A just published study reports that only 25% of occupational disease claims are covered by US workers' compensation programs.

Click here to read the entire report: Economic Burden of Occupational Injury and Illness in the United States Get PDF (611K)
"The medical and indirect costs of occupational injuries and illnesses are sizable, at least as large as the cost of cancer. Workers’ compensation covers less than 25 percent of these costs, so all members of society share the burden. The contributions of job-related injuries and illnesses to the overall cost of medical care and ill health are greater than generally assumed."

IAIABC Partnering with Self-Insurance Guaranty Funds

2012-01-20T14:00:00.000-05:00

The International Association of Industrial Accident Boards and Commissions (IAIABC) and Self-Insurance Guaranty Funds of America (SIGFA) announced their partnership in 2012. Working together, the two groups hope they will foster greater discussion among members of U.S. guaranty funds and workers’ compensation regulators. This collaboration will enable the sharing of collective knowledge and expertise on common interests, particularly self insurance regulation.

Beginning in 2012, SIGFA will host its annual meeting in conjunction with the IAIABC 98th Annual Convention. “We are excited about this agreement as there is a natural alignment between the two groups,” commented Alan McClain, IAIABC Past President. “We look forward to welcoming fund administrators from across the nation to our annual meeting.” Guaranty funds play an important role in the U.S. workers’ compensation system and their participation will enrich conference discussions.

Charles Hough, SIGFA Chairperson remarked, “While our meeting will be run independently of the IAIABC conference, we can benefit from the perspectives offered by the regulatory community. At the same time, our members can take advantage of IAIABC programming that may interest them.” Having access to administrators and self insurance directors speaks directly to SIGFA’s guiding principles to educate, internally and externally, and share critical information. Additionally, when topics of common interest are identified, SIGFA and the IAIABC look forward to sharing resources to address them.

SIGFA will first meet with the IAIABC at the 98th Annual Convention on October 1-4, 2012 in Newport, Rhode Island. A schedule of events and program details will be released in January 2012 and can be found at www.iaiabc.org/convention2012

$1 Million Ordered in Wages and Damages for Retailiation

2012-01-20T11:24:00.000-05:00

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US Department of Labor's OSHA orders AirTran Airways to reinstate

pilot, pay more than $1 million in back wages and damages

OSHA found airline violated whistleblower protection provision of AIR21

The U.S. Department of Labor's Occupational Safety and Health Administration has ordered AirTran Airways, a subsidiary of Dallas, Texas-based Southwest Airlines Co., to reinstate a former pilot who was fired after reporting numerous mechanical concerns. The agency also has ordered that the pilot be paid more than $1 million in back wages plus interest and compensatory damages. An investigation by OSHA's Whistleblower Protection Program found reasonable cause to believe that the termination was an act of retaliation in violation of the whistleblower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR21.

"Airline workers must be free to raise safety and security concerns, and companies that diminish those rights through intimidation or retaliation must be held accountable," said OSHA Assistant Secretary Dr. David Michaels. "Airline safety is of vital importance, not only to the workers, but to the millions of Americans who use our airways."

The pilot's complaint alleged that the airline removed him from flight status on Aug. 23, 2007, pending an investigative hearing regarding a sudden spike in the pilot's mechanical malfunction reports, or PIREPS. The airline held an internal investigative hearing on Sept. 6, 2007, that lasted 17 minutes. Seven days later, the airline terminated the pilot's employment, claiming that he did not satisfactorily answer a question regarding the spike in reports. OSHA found that the pilot did not refuse to answer any questions during the hearing, answers to questions were appropriate, and the action taken by the airline was retaliatory.

"Retaliating against a pilot for reporting mechanical malfunctions is not consistent with a company that values the safety of its workers and customers," added Michaels. "Whistleblower laws are designed to protect workers' rights to speak out when they have safety concerns, and the Labor Department will vigilantly protect and defend those fundamental rights."

Either party to the case can file an appeal with the Labor Department's Office of Administrative Law Judges, but such an appeal does not stay the preliminary reinstatement order.

AirTran Airways is a subsidiary of AirTran Holdings Inc. with headquarters in Orlando. On May 2, 2011, Southwest Airlines completed the acquisition of AirTran Holdings Inc. and now operates AirTran Airways as a wholly-owned subsidiary.

OSHA enforces the whistleblower provision of AIR21, as well as 20 other statutes protecting employees who report violations of various securities, trucking, workplace health and safety, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program.

Detailed information on employee whistleblower rights is available online at http://www.whistleblowers.gov.

Federal Cell Phone Rules Compliance Guide Published

2012-01-19T14:11:00.000-05:00

Distracted Driving remains a serious problem in the workplace and now the Federal government is taking enforcement actions to a new level. The Federal Motor Carrier Safety Administration (FMCSA) recently announced Rules that it is prohibiting the use of hand-held cell phones by interstate truck and bus drivers.

As the Rules take effect is is anticipated that many states will adapt these changes. For those who use prohibited devices in the course of their employment and are involved in accidents may ultimately be denied workers' compensation benefits and employer liability will result. ZoomSafer has now published a compliance guide.

See: FMCSA Cell Phone Rules: A Compliance Guide for Truck and Bus Fleets

NJ Supreme Court Rules That Only a Physician Can Perform An EMG

2012-01-19T09:03:00.001-05:00

Only a licensed physician, and not a physicians assistant, can perform an EMG, ruled the NJ Supreme Court.

Click here to read the complete decision: Selective Insurance Company of American v Arthur C Rothman MD
".... the Legislature intended that only certain licensed physicians, specifically those persons "licensed to practice medicine and surgery pursuant to chapter 9 of Title 45[,]" would be permitted to perform needle EMG tests. As we have explained, physician assistants are not "licensed to practice medicine and surgery" because they do not have the qualifications for such a license."

Hey Siri, Where Are the Words, Workers Compensation?

2012-01-18T21:48:00.001-05:00

The recently released annual Apple Supplier Report discusses production safety and health issues of Apple's global international suppliers. Admitting many problems including health and safety violations, including an explosion at Foxconn's Chengdu factor because of aluminum dust, the report lacks a mention of a workers' compensation program.

Click here to read: Apple Supplier Responsibility report 2012

"We were deeply saddened by events at two of our suppliers in 2011. An explosion at Foxconn’s Chengdu factory tragically took the lives of four employees and injured 18 others. An explosion at the Ri-Teng (a subsidiary of Pegatron) factory in Shanghai injured 59.Immediately after each of these incidents, Apple reached out to the foremost experts in process safety and assembled teams to investigate the circumstances of each explosion. These teams made recommendations about how to prevent future accidents. While the causes of these two incidents—as well as many of the corrective actions taken afterward—were different, both explosions involved combustible dust. Many materials, including ones normally considered noncombustible, can burn rapidly when small particles are suspended in air in the right concentration and ignited. In both of the 2011 incidents, aluminum particles provided fuel for a blast."

Stop Internet Censorship From Happening

2012-01-18T01:41:00.000-05:00

Imagine a world without free knowledge....Stop the US Congress and Senate from censoring the Internet.

SOPA and PIPA - Learn more

From Wikipedia, the free encyclopedia

< Wikipedia:SOPA initiative

Blog post from Wikimedia Foundation Executive Director, Sue Gardner

More information

Official Wikimedia Foundation press release
Statement from the community affirming blackout
Electronic Frontier Foundation blog post on the problems with SOPA/PIPA
Wikipedia's articles on SOPA and PIPA

OSHA Urges An Injury & Illness Prevention Programs

2012-01-17T10:14:00.000-05:00

The US Occupational Safety and Health Administration has published a white paper urging that States implement injury and illness prevention programs. Citing statistics of the consequences of industrial accidents and injuries, as well as the benefits of the implementation of a program, OSHA recommends the implementation of a programs.

Click here to read the OSHA White Paper on Injury & Illness Prevention Programs

Conclusions

Despite the combined efforts of employers, workers, unions, safety professionals and regulators, more than 4,500 workers lose their lives and more than four million are seriously injured each year. Tens of thousands more die or are incapacitated because of occupational illnesses including many types of cancer and lung disease. The human toll from this loss is incalculable and the economic toll is enormous.
Many employers in the U.S. have been slow to adopt a workplace "safety culture" that emphasizes planning and carrying out work in the safest way possible.
Injury and illness prevention programs are based on proven managerial concepts that have been widely used in industry to bring about improvements in quality, environment and safety, and health performance. Effective injury and illness prevention programs emphasize top-level ownership of the program, participation by employees, and a "find and fix" approach to workplace hazards.
Injury and illness prevention programs need not be resource-intensive and can be adapted to meet the needs of any size organization.

OSHA believes that adoption of injury and illness prevention programs based on simple, sound, proven principles will help millions of U.S. businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including significant reductions in workers' compensation premiums) and enhance their overall business operations.

Workers Injury Rights Blog Launched

2012-01-16T21:16:00.000-05:00

The Workers' Injury Rights blog has been launched by the Law Office of Deborah G. Kohl of Fall RIver, Massachusetts. Attorney Deborah G. Kohl has focused her professional energies on workers’ compensation and disability law through her nearly 30 years in practice.

Attorney Kohl stated, "We started this blog because we are passionate about workers' compensation and workers' rights. It is a way to share some of what we've learned in our decades of legal experience with anyone concerned about workplace safety."

She is an active lecturer and author in the field, and has held several prestigious leadership positions, including serving as president of the Workers Injury and Law Advocacy Group. She is perennial listed in the publication Best Lawyers In America.

The lead article of the blog is entitled, "Workers' Compensation is all about Relationships," by Ryan Benharris. Mr. Benharrus stated, "Prevention of accidents should be the first step in establishing a successful workers’ compensation system."

Click here to visit: Workers' Injury Rights

ADAO To Brief US Senate on Asbestos Jan 19, 2012

2012-01-16T20:58:00.001-05:00

As part of ADOA's education, advocacy, and community efforts, The Asbestos Disease Awareness Organization ADAO has announced that it plans to hold an educational Senate Briefing, “Asbestos: The Impact on Public Health, the Environment, and the Economy” and meet with government officials in Washington, DC this week. A group of ADAO representatives including Dr. Arthur Frank, Dr. Barry Castleman, Brent Kynoch, Marilyn Amento, and Linda Reinstein will present the most up-to-date facts to members and staffers in the Senate so that they can make informed legislative and policy decisions. Their hope is to offer critical asbestos information and encourage bipartisan interagency collaboration to address a threat that affects all Americans. As always, ADAO will leverage social media to share its experiences. Follow ADAO in Twitter @Linda_ADAO as their intern, Spencer, tweets straight from the Senate Briefing!

Summary and Briefing Facts to Be Released Thursday, January 19, 2012 at 4:00pm

Insurance Group Changed With Fraudulently Syphoning Millions of Taxpayers Dollars

2012-01-16T10:00:00.009-05:00

A New Hampshire insurance group has been charged by the State with improperly appropriating millions of dollars of taxpayers' funds to a workers' compensation insurance plan. The improper allocation is described in a petition filed by the State.

To read more click here:

Local Government Center denies it improperly used millions for workers' comp program
"The umbrella organization's activities have been under investigation for seeding a workers' compensation program through a surcharge that municipalities and their employees were paying through their involvement with the LGC's HealthTrust and Property-Liability programs.

"An investigation was conducted by the Secretary of State Bureau of Securities Regulation, which claimed the LGC misused the surcharge money and therefore owes the cities and towns which funded the seed money upward of $100 million.

NJ Secretary of State Hearings including audio recordings

Martin Luther King, Jr. (January 15, 1929 – April 4, 1968)

2012-01-15T11:17:00.000-05:00

Workers RIghts Protected Under Federal Law

2012-01-15T09:03:00.000-05:00

NLRB finds that certain mandatory arbitration agreements violate federal labor law

The National Labor Relations Board has ruled that it is a violation of federal labor law to require employees to sign arbitration agreements that prevent them from joining together to pursue employment-related legal claims in any forum, whether in arbitration or in court.

The decision examined one such agreement used by nationwide homebuilder D.R. Horton, under which employees waived their right to a judicial forum and agreed to bring all claims to an arbitrator on an individual basis. The agreement prohibited the arbitrator from consolidating claims, fashioning a class or collective action, or awarding relief to a group or class of employees

The Board found that the agreement unlawfully barred employees from engaging in “concerted activity” protected by the National Labor Relations Act. The Board emphasized that the ruling does not require class arbitration as long as the agreement leaves open a judicial forum for group claims.

Chairman Mark Gaston Pearce and Member Craig Becker joined in finding the agreement unlawful. Member Brian Hayes was recused from the case. The decision was finalized on Jan. 3, but was issued publicly by the agency today.

The Board sought briefs on the issue from interested parties last summer. More than a dozen amicus briefs were filed, and can be read on this case page.

The decision requires Horton to rescind the agreement or revise it to make clear to employees that they are not waiving their right to pursue a class or collective action in all forums.

Read the Editorial of the NY Times: Rights in the Workplace

OSHA cites Newton, NJ, manufacturer for workplace safety and health violations- proposes nearly $49,000 in fines

2012-01-13T12:00:00.000-05:00

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The U.S. Department of Labor's Occupational Safety and Health Administration has cited retaining ring manufacturer Schneider & Marquard Inc. for 21 workplace safety and health violations. OSHA initiated an inspection in response to a complaint alleging several workplace hazards at the company's Newton facility. Proposed fines total $48,840.

Three repeat safety violations with $23,760 in penalties involve obstructed exit routes, lack of proper machine guarding and deficient record keeping for power press inspections. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for similar violations in 2009.

Twelve serious safety and health violations with $21,120 in penalties involve failing to implement a hearing conservation program that includes noise monitoring, audiometric testing and training; properly mount and identify portable fire extinguishers; provide powered industrial truck training; implement a hazard communication program that includes training; ensure proper use and listing of electrical equipment; ensure compressed air was reduced to 30 pounds per square inch; and ensure proper functioning and maintenance of mechanical power presses. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Six other-than-serious safety violations with $3,960 in penalties involve failing to record workplace injuries and illnesses on the OSHA 300 log. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

"These hazards should be immediately addressed to ensure a safe and healthful workplace for employees," said Kris Hoffman, director of OSHA's Parsippany Area Office. "OSHA will continue to hold employers responsible when they violate federal laws."

Schneider & Marquard Inc., which employs about 24 workers at its Newton site, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Occupational Health: An International Effort Launched by WHO

2012-01-13T10:00:00.000-05:00

The World Health Organization (WHO) has launched a global effort to promote the improvement of working conditions. WHO has developed a Global workplan in collaboration with the WHO Network of Collaborating Centres based on the objectives of the GPA for 2009-2012. The workplan organizes the activities of the Collaborating Centres into 14 priority areas.

Click here to read The Final Edition of the 2009-2012 Workplan (just released)

The main objectives of the WHO Global Plan of Action on Workers' Health (GPA) (2008-2017) are to:

Strengthen the governance and leadership function of national health systems to respond to the specific health needs of working populations
Establish basic levels of health protection at all workplaces to decrease inequalities in workers health between and within countries and strengthen the promotion of health at work.
Ensure access of all workers to preventive health services and link occupational health to primary health care.
Improve the knowledge base for action on protecting and promoting the health of workers and establish linkages between health and work.
Stimulate incorporation of actions on workers health into other policies, such as sustainable development, poverty reduction, trade liberalization, environmental protection and employment.

Cold War Compensation Act - EEOICPA: US DOL Notifies Workers of 17 Facilities of Eligibility

2012-01-13T08:00:00.001-05:00

US Department of Labor notifies workers of 17 facilities associated with Uranium Mill Tailings Radiation Control Act about potential eligibility under EEOICPA

The U.S. Department of Labor is notifying former workers of 17 facilities associated with the Uranium Mill Tailings Radiation Control Act about compensation and medical benefits potentially available to them under the Energy Employees Occupational Illness Compensation Program Act, which is administered by the department's Division of Energy Employees Occupational Illness Compensation. Survivors of qualified workers also may be entitled to benefits.

Former employees may be eligible if they worked at any of the facilities during a period of covered U.S. Department of Energy-funded environmental remediation efforts. Additionally, three facilities already covered under the EEOICPA now have expanded periods of eligibility.

On Dec. 15, 2010, DEEOIC determined that the Uranium Mill at Shiprock, N.M., was a covered DOE facility for the purposes of the EEOICPA. Given that Uranium Mill at Shiprock was only one of the facilities associated with the Uranium Mill Tailings Radiation Control Act, DEEOIC conducted a review considering whether additional facilities met the statutory definition of a covered DOE facility under the EEOICPA. Based on that review, DEEOIC determined that the above-mentioned facilities meet the definition.

On July 31, 2001, the Labor Department began administering Part B of the EEOICPA. Part B covers current and former workers who have been diagnosed with cancer, beryllium disease or silicosis, and whose illness was caused by exposure to radiation, beryllium or silica while working directly for DOE, that department's contractors or subcontractors, a designated Atomic Weapons Employer or a beryllium vendor. Part E, created by an amendment to the EEOICPA on Oct. 28, 2004, provides federal compensation and medical benefits to DOE contractors and subcontractors who worked at covered facilities and sustained an illness as a result of exposure to toxic substances.

The EEOICPA also provides additional compensation for uranium workers who worked at facilities covered by the Radiation Exposure Compensation Act, which is administered by the U.S. Department of Justice. To assist individuals regardless of where they live, the department has 11 stationary resource centers located throughout the country. These resource centers provide an initial point-of-contact for individuals interested in filing a claim under EEOICPA, and staff provide both in-person and telephone-based assistance. For additional information about how to file a claim under EEOICPA, call toll-free at 866-888-3322 or visit the DEEOIC's website at http://www.dol.gov/owcp/energy/.

Editor's note: A list of the 17 facilities and the periods of covered DOE-funded environmental remediation efforts follows this release. Facilities with an expanded eligibility period are indicated by an asterisk.

Facilities associated with the Uranium Mill Tailings Radiation Control Act

Uranium Mill in Monument Valley, Ariz., from May 1989 through February 1990 and September 1992 through May 1994
Uranium Mill in Tuba City, Ariz., from January 1985 through February 1986 and January 1988 through April 1990
Climax Uranium Mill in Grand Junction, Colo., from December 1988 through August 1994
Uranium Mill in Gunnison, Colo., September 1991 through December 1995
Uranium Mill in Maybell, Colo., from May 1995 through September 1998
Uranium Mill in Naturita, Colo., May 1994 through November 1994 and June 1996 through September 1998
New Uranium Mill in Rifle, Colo., September 1988 through September 1989 and April 1992 through October 1996
Old Uranium Mill in Rifle, Colo., September 1988 through September 1989 and April 1992 through October 1996
Uranium Mill No. 1 in Slick Rock (East), Colo., in 1995 and 1996
Uranium Mill No. 2 in Slick Rock (West), Colo., in 1995 and 1996
Uranium Mill in Lowman, Idaho, in 1992 and from 1994 to the present
Uranium Mill in Ambrosia Lake, N.M., from July 1987 through April 1989 and October 1992 through July 1995
Uranium Mill and Disposal Cell in Lakeview, Ore., from 1986 through 1989
Uranium Mill in Falls City, Texas, from January 1992 through June 1994
Uranium Mill in Mexican Hat, Utah, from July 1987 through October 1987 and September 1992 through February 1995
Uranium Mill in Riverton, Wyo., from May 1988 through September 1990
Uranium Mill in Converse County (Spook Site), Wyo., from April 1989 through September 1989
*Uranium Mill in Durango, Colo., already covered for 1948 through 1953, now also is covered for October 1986 through May 1991
*Vitro Manufacturing in Canonsburg, Pa., already covered as a beryllium vendor facility for 1948, and as an Atomic Weapons Employer facility for 1942 through 1959 (with residual radiation coverage for 1958 through 1985), now also is covered for 1983 through 1985 and for 1996
*Uranium Mill in Monticello, Utah, already covered for 1948 through 1960, now also is covered for remediation performed by DOE and DOE contractors under the Comprehensive Environmental Response, Compensation and Liability Act for 1983 through 2000

*Additional years of qualifying employment have been added to these three facilities currently covered under the EEOICPA.

Defense Base Act Bars Convoy Drivers Lawsuit Against KBR

2012-01-13T06:00:00.000-05:00

The U.S. Court of Appeals on Thursday ruled the convoy drivers employed by a defense contractor, KBR, in Iraq were bared by the Defense Base Act (DBA) which is US law that shields military employers from civil actions. The drivers were injured while performing their jobs for the military contractor in providing logistical support to the military.

Read the Bloomberg news dispatch: KBR Won't Face Trial in Convoy Driver Deaths, Court Rules
"Coverage of an injury under the DBA precludes an employee from recovering from his employer,” even if the worker claims the company was “substantially certain” the injuries would occur, U.S. Circuit Judge Priscilla R. Owen said in a 30-page ruling by the panel."

The Court's Opinion: Fisher v. Halliburton, 10-20202, U.S. Fifth Circuit Court of Appeals

Nanomaterial Requires More Regulation by the EPA Inspector General Reports

2012-01-12T10:00:00.001-05:00

EPA Report Recommends More Regulation

A recent report by the Inspector General of the US Environmental Protection Agency found that EPA does not currently have sufficient information or processes to effectively manage the human health and environmental risks of nanomaterials. EPA has the statutory authority to regulate nanomaterials but currently lacks the environmental and human health exposure and toxicological data to do so effectively. The Agency proposed a policy under the Federal Insecticide, Fungicide, and Rodenticide Act to identify new pesticides being registered with nanoscale materials. After minimal industry participation in a voluntary data collection program, the Agency has proposed mandatory reporting rules for nanomaterials under the Federal Insecticide, Fungicide, and Rodenticide Act, and is also developing proposed rules under the Toxic Substances Control Act.

Nanomaterials are currently being used in many applications including: consumer products, health care, transportation, energy, and agriculture.

Read the EPA Report: EPA Needs to Manage Nanomaterial Risks More Effectively

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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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