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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Thursday, August 30, 2012

OSHA cites Brick, NJ-based contractor for continuing to expose workers to falls and other hazards at Secaucus work site

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Brick-based La Conti Concrete & Masonry Inc. for nine safety and health, including two repeat, violations at a Secaucus work site. OSHA's March investigation was initiated in response to an imminent danger complaint alleging employees were working on the fifth level of a supported scaffold without fall protection. Proposed penalties total $74,830.

The repeat safety violations, with a $53,900 penalty, involve failing to provide safe access to a scaffold and ensure workers were not exposed to a 35-foot fall while working on an unguarded scaffold. A repeat violation occurs 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 2006, 2007 and 2011.

Six serious safety and health violations, with a $20,930 penalty, include failing to properly store propane tanks; ensure a competent person inspected a scaffold before employees worked on it; establish and implement a written respiratory protection program for workers required to wear respirators, including medical evaluations and respiratory protection training; develop and implement an effective written hazard communication program for workers exposed to hazardous chemicals, including crystalline silica; provide chemical hazard training to employees working with hazardous chemicals; and maintain material safety data sheets. A serious violation occurs when there is a substantial probability that death or serious physical harm could result from dangerous tasks without proper safety measures.

"This employer continues to jeopardize the safety and health of its workers by failing to correct these hazards, which is unacceptable," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Employers are responsible for providing a safe and healthful workplace, and will be held legally accountable when they fail to do so."

The company also has received one other-than-serious violation, with no penalty, for failure to provide respirator fit testing and evaluate employees for safe use of powered industrial truck. 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.

La Conti Concrete & Masonry Inc. employed 34 workers at the Secaucus work site and 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.

In April, Secretary of Labor Hilda L. Solis announced a campaign to provide employers and workers with life-saving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. In 2010, more than 10,000 construction workers were injured as a result of falling while working from heights, and more than 250 workers were killed. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More detailed information is available in English and Spanish on fall protection standards at http://www.osha.gov/stopfalls.

Read more about scaffolding
Jun 11, 2012
The willful violations carry a $92,400 penalty and are due to a lack of fall protection for employees working on a scaffold that was not fully planked. A willful violation is one committed with intentional knowing or voluntary ...
Feb 19, 2011
OSHA found employees exposed to fall hazards ranging from 27 to 41 feet while working without fall protection on a scaffold that was not fully guarded, climbing atop the scaffold's guardrails and standing on an empty plastic ...
Feb 07, 2012
The serious violations, with $36,960 in penalties, include failing to protect workers from fall and impalement hazards, ensure scaffold platforms were laid correctly, provide proper ladder rung construction, make sure guardrails...
May 23, 2012
"Whether working on a roof, a scaffold or in an aerial lift, all workers must have and correctly use the proper equipment to prevent falls," Kulick adds. In April, Secretary of Labor Hilda L. Solis announced a new campaign to ...
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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.

The threshold length for fibre-induced acute pleural inflammation: shedding light on the early events in asbestos-induced mesothelioma

Recent research implicates nanoparticles or nanofibres as a potential health hazard:

"Suspicion has been raised that high aspect ratio nanoparticles or nanofibres might possess asbestos-like pathogenicity. The pleural space is a specific target for disease in individuals exposed to asbestos and, by implication nanofibres. Pleural effects of fibres depends on fibre length, but the key threshold length beyond which adverse effects occur has never been identified up to now since all asbestos and vitreous fibre samples are heterogeneously distributed in their length. Nanotechnology advantageously allows for highly defined length distribution of synthetically engineered fibres which enable for in depth investigation of this threshold length. We utilised the ability to prepare silver-nanofibres of five defined length classes to demonstrate a threshold fibre length for acute pleural inflammation. Nickel-nanofibres and carbon nanotubes were then used to strengthen the relationship between fibre length and pleural inflammation. A method of intrapleural injection of nanofibres in female C57Bl/6 strain mice was used to deliver the fibre dose and we then assessed the acute pleural inflammatory response. Chestwall sections were examined by light and by scanning electron microscopy to identify areas of lesion; furthermore cell-nanowires interaction on the mesothelial surface of the parietal pleura in vivo, were investigated. Our results showed a clear threshold effect demonstrating that fibres beyond 4 µm in length are pathogenic to the pleura. The identification of the threshold length for nanofibre induced pathogenicity in the pleura has important implications for understanding the structure-toxicity relationship for asbestos-induced mesothelioma and consequent risk assessment with the aim to contribute to the engineering of synthetic nanofibres by the adoption of a benign-by-design approach."

Toxicol. Sci. (2012)doi: 10.1093/toxsci/kfs171First published online: May 12, 2012
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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.

Read more about nanotechnology
Sep 20, 2011
U.S. National Nanotechnology Initiative. Nano.gov: size of the nanoscale [http://www.nano.gov/nanotech-101/what/nano-size External Web Site Icon ]. U.S. National Nanotechnology Initiative. Nano.gov: Nanotechnology and ...
Aug 25, 2009
... following the publication of the September issue of the “European Respiratory Journal, the first medical case series of workers with serious disease that the study authors associate with exposure to nano-sized particles has ...

Wednesday, August 22, 2012

Aerial spraying pesticides to fight mosquitoes raises concerns over compensability for exposures

Based on reports from the  United States Centers for Disease Control (CDC) arial spraying of pesticides has been mandated in Texas because of the number of reported cases of West Nile Flu. Questions are now being raised as to the availability of workers' compensation benefits for workers who suffer illnesses flowing from the consequences of pesticide exposures.

The arial spraying of Dallas County commenced last night  with two planes being utilized, and will be continuing over the next few evenings in order to battle the mosquito population that is spreading the disease. The population is being requested to remain indoors to avoid exposure.

The state of Texas is not the only area in the United States where West Nile Flu is now spreading and preventive measures are being taken to stem the potential of an epidemic of illness. Throughout United States during 2012 there has been an increase in the amount of cases it being reported. See the CDC map above.

In most jurisdictions, workers' compensation benefits are available as a result of occupational exposures. There is the potential for a surge of claims as the network of benefits programs remains unprepared, especially in its beleaguered state. More preparation needs to be undertaken to handle such potential consequences such as a West Nile epidemic.

Read other blog posts about flu

Sep 15, 2009
The 2009 influenza pandemic (flu) has created a new framework of acts and regulations to respond the World Health Organization's (WHO) phase 6 pandemic alert. Governmentally imposed employment disruptions resulting...
Oct 24, 2009
As the US flu vaccination program rolls out, the numbers are also growing for those who have reported adverse consequences from the H1N1 vaccine. The victims and their families are also lining up for benefits available in ...
Apr 24, 2009
The CDC has reported that Swine flu has impacted the US in the past: "Like seasonal flu, swine flu in humans can vary in severity from mild to severe. Between 2005 until January 2009, 12 human cases of swine flu were ...
Nov 27, 2009
The OSGA directive closely follows the prevention guidance issue by The Centers for Disease Control (CDC) to prevent the spread of H1N1 flu. The purpose of the compliance directive is "to 

Monday, August 20, 2012

Flavoring 2,3-pentanedione Reported to Cause Respiratory Harm

Photo Credit: Fir0002/Flagstaffotos
Popcorn flavoring has been reported hazardous to your health and a new report indicates that
2,3-pentanedione should be added to that list.

"Flavorings-related lung disease is a potentially disabling disease of food industry workers associated with exposure to the α-diketone butter flavoring, diacetyl (2,3-butanedione). To investigate the hypothesis that another α-diketone flavoring, 2,3-pentanedione, would cause airway damage, rats that inhaled air, 2,3-pentanedione (112, 241, 318, or 354 ppm), or diacetyl (240 ppm) for 6 hours were sacrificed the following day. Rats inhaling 2,3-pentanedione developed necrotizing rhinitis, tracheitis, and bronchitis comparable to diacetyl-induced injury. To investigate delayed toxicity, additional rats inhaled 318 (range, 317.9—318.9) ppm 2,3-pentanedione for 6 hours and were sacrificed 0 to 2, 12 to 14, or 18 to 20 hours after exposure. Respiratory epithelial injury in the upper nose involved both apoptosis and necrosis, which progressed through 12 to 14 hours after exposure. Olfactory neuroepithelial injury included loss of olfactory neurons that showed reduced expression of the 2,3-pentanedione–metabolizing enzyme, dicarbonyl/L-xylulose reductase, relative to sustentacular cells. Caspase 3 activation occasionally involved olfactory nerve bundles that synapse in the olfactory bulb (OB). An additional group of rats inhaling 270 ppm 2,3-pentanedione for 6 hours 41 minutes showed increased expression of IL-6 and nitric oxide synthase-2 and decreased expression of vascular endothelial growth factor A in the OB, striatum, hippocampus, and cerebellum using real-time PCR. Claudin-1 expression increased in the OB and striatum. We conclude that 2,3-pentanedione is a respiratory hazard that can also alter gene expression in the brain."

Click here to read: Respiratory and Olfactory Cytotoxicity of Inhaled 2,3-Pentanedione in Sprague-Dawley Rats, American Journal of Pathology, Spet. 2012.

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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.
Read more about flavorings
Aug 04, 2012
A new study raises concern about chronic exposure of workers in industry to a food flavoring ingredient used to produce the distinctive buttery flavor and aroma of microwave popcorn, margarines, snack foods, candy, baked ...
Jun 21, 2012
The National Institute of Occupational Safety and Health (NIOSH) is now providing information to healthcare providers to assist them to identify and treat flavoring-related lung disease. Workers who breathe flavoring chemicals...
Dec 22, 2010
This Safety and Health Information Bulletin (SHIB) is addressed to employers and workers involved in the manufacture of "flavorings," (as defined by the Food and Drug Administration (FDA) in 21 CFR 101.22) in flavoring, ...
Sep 06, 2010
A jury in the Chicago area awarded a local factory worker $30.4 Million for a pulmonary illness resulting from exposure to popcorn flavoring, diacetyl. The verdict is considered to be largest ever in the US for an individual claim ...

Saturday, August 18, 2012

OSHA proposes $82,500 in fines to chemical manufacturer for workplace hazards at Newark, NJ, facility


The U.S. Department of Labor's Occupational Safety and Health Administration has cited Cardolite Corp. with one willful and 13 serious health and safety violations for exposing workers to chemical and other hazards at the company's Newark facility. OSHA initiated its March investigation in response to a complaint and also as part of the agency's national emphasis program on process safety management for covered chemical facilities. Proposed penalties total $82,500.

"Process safety management prevents or mitigates a catastrophic release of toxic, reactive or flammable liquids and gases in chemical processes," said Kris Hoffman, director of OSHA's Parsippany Area Office. "By not complying with PSM requirements, Cardolite jeopardized the safety of its chemical operators and others working at the site by exposing them to dangerous fire hazards. This negligent behavior will not be tolerated."

The willful violation is failing to monitor employees' formaldehyde exposure at six-month intervals. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health. The citation carries a $44,000 penalty.

The serious violations include failing to ensure that workers are not overexposed to formaldehyde, implement effective engineering controls and work practices to reduce formaldehyde exposure, provide medical surveillance to workers overexposed to formaldehyde, ensure that process safety information is accurate and in place, provide a hazard analysis of the facility in the event of a chemical release and its impact, provide refresher training to chemical operators on the epichlorohydrin process, inspect and test epichlorohydrin piping within the process building, and identify deficiencies in process safety management compliance audits. A serious violation occurs when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The citations carry $38,500 in penalties.

Cardolite Corp., which employs about 70 workers at its Newark location, develops and manufactures products based on cashew nutshell liquid for the coating, friction material and adhesive markets. The company 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.

The investigation was conducted by OSHA's Parsippany office; telephone 973-263-1003. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Read more about Formaldehyde
Aug 16, 2012
"Johnson & Johnson, which makes a range of personal care products like baby shampoo, acne cream and antiwrinkle lotion, announced plans Wednesday to remove a host of potentially harmful chemicals, like formaldehyde, ...
Oct 03, 2011
After a long period of deliberation the mostly unregulated cosmetic industry's own trade association, through its reviewing agency, the Cosmetic Ingredient Review Expert Panel (CIR) has declared formaldehyde and ...
Apr 19, 2011
"In fact, those chemical concoctions are loaded with formaldehyde, which numerous prestigious health bodies, most recently, a National Academy of Sciences panel, have labeled a human carcinogen. Formaldehyde is also a ...
Sep 08, 2011
The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for 16 health violations involving ...

Thursday, August 16, 2012

Johnson and Johnson Cleans Up Its Act : Removing Formaldehyde From Adult Products

"Johnson & Johnson, which makes a range of personal care products like baby shampoo, acne cream and antiwrinkle lotion, announced plans Wednesday to remove a host of potentially harmful chemicals, like formaldehyde, from its line of consumer products by the end of 2015, becoming the first major consumer products company to make such a widespread commitment."


More Blog Articles on Formaldehyde

Oct 03, 2011
After a long period of deliberation the mostly unregulated cosmetic industry's own trade association, through its reviewing agency, the Cosmetic Ingredient Review Expert Panel (CIR) has declared formaldehyde and ...
Apr 19, 2011
"In fact, those chemical concoctions are loaded with formaldehyde, which numerous prestigious health bodies, most recently, a National Academy of Sciences panel, have labeled a human carcinogen. Formaldehyde is also a ...
Sep 08, 2011
The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for 16 health violations involving ...
Apr 11, 2011
The U.S. Department of Labor's Occupational Safety and Health Administration is issuing a hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with some hair smoothing and ...

Wednesday, August 15, 2012

The Great California Trade Off 2012

Rumors spread like wildfire this week as alleged secret back-room dealing continued in an effort to reform the failing California workers compensation system, yet again. The great trade-off of 2012 appears to be a major move to control and limit medical delivery and disability benefits at all cost.

Of critical importance is the fact that as goes California so goes the nation. Historically, changes made in California will slowly advance across the country and become adopted as a national wave of reform.

What has been leaked to the media, and some stakeholders, by a coalition of Labor and Industry management representatives, is yet another bandaid attempt to to control medical delivery in an effort to reduce both treatment costs, and ultimately reduce the number of cases utilizing the system.

While on the books it looks great that injured workers may get a potential increase of $700 million in increased permanent disability benefits, the trade-off is the imposition of a stringently controlled, speeded-up, and rationed medical benefits.

For employers to truly benefit from a Workers' Compensation program that works, employees need to receive the best medical treatment available to cure and relieve their work related medical conditions, and an adequate program of disability payments.

The proposed reforms limit medical choice, limit medical protocols, take away disability modifiers and impose penalties for out of network medical care in the name of expediency.

The problems facing California are not unique to that state. The entire nation, both within the workers' compensation system, and without, are facing similar issues.

One would hope that California would set a high standard for the nation, such as it attempted to do with heightened requirements for automobile emission testing and safety. However, to eliminate treatment options available to injured workers merely for the purpose reducing costs is a fast track program that ignores the need to achieve the best medical result and provide adequate compensation to injured workers.

Tuesday, August 14, 2012

CMS Rules Out TENS Units for Low Back Pain

"TENS is not reasonable and necessary for the treatment of CLBP under section 1862(a)(1)(A) of the Social Security Act."

The Centers for Medicare and Medicaid (CMS) has issued a ruling that will impact on the payment of proceeds in Workers' Compensation Medicare Set Aside Agreements (WCMSA). CMS has ruled out the use of TENS (Transcutaneous Electrical Nerve Stimulation) units for the treatment of chronic low back pain.


"For those WC [workers' compensation]cases that were not settled prior to June 8, 2012, and where the  WCMSAs proposal includes funding for TENS for CLBP [chronic low back pain] as part of the WCMSA, CMS  will re-review the cases and remove pricing for TENS for CLBP. (Regional Offices shall  obtain from submitters requests for a case re-review, along with a signed statement  indicating a settlement had not occurred prior to June 8, 2012.)"

Case law throughout the country has been divided on whether TENS units should be authorized to cure and relieve low back pain. 

Click here to read: Decision Memo for Transcutaneous Electrical Nerve Stimulation for Chronic Low Back Pain (CAG-00429N)

Click here to read: Impact of the Removal of coverage of Transcutaneous Electrical Nerve 
Stimulation (TENS) Units for Chronic Low Back Pain (CLBP) on Workers’ Compensation Medicare Set-Aide Arrangement (WCMSA) proposals – INFORMATION

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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.

Related articles

Monday, August 13, 2012

Employer Not Permitted to Stop Temporary Disability Benefits When Social Security Disability Awarded

An employer cannot stop paying workers' compensation benefits merely because the injured worker was awarded Social Security Disability benefits. In fact, the premature termination of temporary disability benefits was adequate grounds for a NJ compensation court to levy fines and penalties upon the employer.

The NJ Court of Appeals affirmed the trial court ruling of Judge of Compensation George F. Geist who assessed a penalty upon the employer for defying an Order of the Court to pay workers' compensation temporary disability benefits.

The employer' attorney argued that the employer was permitted to unilaterally terminate temporary disability benefits since the Social Security Administration had awarded the the injured worker disability benefits. The employer asserted that by accepting the award from Social Security the claimant had removed himself from the workforce. No supporting law was offered to support that proposition and the compensation court awarded a 25% penalty and simple interest against the employer.

Ferguson v Trenton Board of Education (NJ App. Div. 20112)

Thursday, August 9, 2012

Cell Phone and Brain Malignancies: The Right to Know Radiation Act

English: Mobile phone evolution Русский: Эволю...
(Photo credit: Wikipedia)
As the controversy continues to rage over whether cell phone radiation can be linked to an increased risk of brain cancer, recently introduced legislation in the US Congress would offer the public more information to make educated choices over purchase and use of cell phones.

Congressman Dennis Kucinich (D-OH) has introduced H.R. 6358, the Cell Phone Right to Know Act, a bill to grant a consumer’s right-to-know by providing for warning labels on cell phones. It would also create a new national research program to study cell phones and health and require the Environmental Protection Agency to update the outdated Specific Absorption Rate (SAR). A federal appeals court in San Francisco is expected to consider a local right-to-know ordinance this week.

“Consumers have a right to know the radiation levels of cell phones and whether they are buying the phone with the lowest – or the highest – level of exposure to cell phone radiation. They also deserve to have up-to-date exposure standards that are put together by health professionals without conflicts of interest,” said Kucinich.

When Kucinich first called a hearing on the issue as Chair of the Domestic Policy Subcommittee on September 25, 2008, Dr. Ronald Herberman, then Director of the University of Pittsburgh Cancer Institute, testified to the Subcommittee, “I cannot tell this committee that cell phones are dangerous, but I certainly can't tell you they are safe.”

Last year, the World Health Organization finished its assessment of the evidence about the links between exposure to radiation from cell phones and health problems. They concluded that there was enough evidence of a link to classify it as “possibly carcinogenic to humans,” placing it in the same category as lead and mercury.

The long-awaited Interphone study, a major inquiry into the potential links between cell phone use and tumors, concluded that when taken as a whole, there was not a link. However, when the data was broken down, more risk was found and the picture became clearer. Those using their cell phones typically only 30 minutes per day or more were found to have a 40% increased risk of a type of brain tumor called glioma, when compared to someone who had not used a cell phone. If the phone is used mostly on one side of the head, the risk is 96% more than someone unexposed to cell phone radiation.

“It took decades for scientists to be able to say for sure that smoking caused cancer. During those decades, the false impression created by industry supporters was that there was no connection between smoking and cancer, a deception which cost many lives. While we wait for scientists to sort out the health effects of cell phone radiation, we must allow consumers to have enough information to choose a phone with less radiation,” said Kucinich. “As long as cell phone users may be at increased risk of cancer or reproductive problems, Americans must have the right to know the radiation levels of cell phones.”

The warning labels required by H.R. 6358 would show the RF radiation emissions from the phone, legal limits and health-based goals for safe exposure. According to the Federal Communications Commission (FCC) the SAR is “the amount of radio frequency energy absorbed by the body when using a mobile phone.” The current SAR sets a maximum level of radiation emission at 1.6 watts per kilogram. The current SAR does not take into account vulnerable populations like kids or pregnant women. It also assumes a person’s only exposure is from the phone in use, but with WiFi, “smart phones,” and Bluetooth technologies, exposure to only one wireless device is increasingly rare, especially in urban environments. A Government Accountability Office report on cell phones and health is expected to be released soon.

More articles about the issue of cell phone radiation
May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...
May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...
May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...

May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...
May 23, 2012
A recent survey reflects increase employer concern over cell phone use while driving. Such written policies may encourage courts to bar employees who engage in such activity from recovery under workers' compensation ...
Jul 07, 2011
National Cell Phone Ban Proposed by Congress. Cell phone abuse while driving has been proposed by Congresswoman Carolyn McCarthy (D-NY4). Distracted driving accidents are soaring and are now emerging as a major ...
Nov 29, 2011
The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in ...
Mar 27, 2012
Cell phone injuries have been linked medically by published studies. "The authors warn users of cell phones to look out for ear symptoms such as ear warmth, ear fullness, and ringing in the ears (tinnitus) as early warning ...