Sign of the Times: Fragrance Free Workplace

Credit: Canadian Centre for Occupational Health & Safety

FRAGRANCE-FREE WORKPLACE

"Allergies are common - especially in Oklahoma.  Not only can people be allergic to pets, pollen, and dust, but some can also be allergic to perfumes and cologne.  When visiting City Hall, please help us by not wearing perfume, cologne, or other fragrances.  If you are wearing a fragrance, you will need to remain at the front of the building when visiting.  Thank you for your help!

Tuttle. Oklahoma"

Scent-Free work policies for the workplace are now increasing. 

Some or all of the following adverse health symptoms have been  reported:

• headaches
• dizziness, lightheadedness
• nausea
• fatigue
• weakness
• insomnia
• malaise
• confusion
• loss of appetite
• depression
• anxiety
• numbness
• upper respiratory symptoms
• shortness of breath
• difficulty with concentration
• skin irritation

Related Articles:

Employee Exposed to Perfume at Work Allowed Workers

Jan 09, 2009

A licensed practical nurse who suffered from preexisting pulmonary disability was permitted to recover benefits against her employer when a co-employee sprayed perfume at work. The NJ Appellate Division ruled that a ...

http://workers-compensation.blogspot.com/

Employee Sues Co-Worker Following Perfume Assault

Dec 01, 2010

An employee in Ohio who was denied a claim for workers' compensation benefits, has filed a lawsuit against her co-workers against her co-employees. With the workers' compensation claim have been rejected, the workers' ...

http://workers-compensation.blogspot.com/

Related articles

• National Experts Call Workers Compensation System Irrational and Unjust

  ---

• Using Social Media to Expand Your Workers' Compensation Practice: Featured Topic at AAJ Annual Convention

  ---

• Path to Federalization: A National Workers Compensation System--US Supreme Court Validates

  ---

Employee Exposed to Perfume at Work Allowed Workers' Compensation Benefits

A licensed practical nurse who suffered from preexisting pulmonary disability was permitted to recover benefits against her employer when a co-employee sprayed perfume at work. The NJ Appellate Division ruled that a licensed practical nurse was allowed to seek benefits when exposed to an employee's perfume even though the injured worker came to the employment with severe pre-existing obstructive lung disease.

The 64 year old nurse, who had smoked one pack of cigarettes daily for 43 years, had a severe reaction when a coworker sprayed herself with perfume on two occasions. The nurse subsequently became oxygen dependent and never returned to work.

The court reasoned in its opinion that the accident occurred in the course of her employment and arose out of her employment. The exposure at work was deemed a "neutral risk," one that was out of the control of the employee. The court determine that had she not been at work the nurse would not have had this exposure and reaction. The co-employee actions injured the nurse the court held and that the employee, "...had to breathe in order to fulfill her contract of service, contaminated by a co- employee, was a condition of the employment for Sexton and thus a risk of 'this' employment for her." The court reasoned that the injury was not self-inflicted and the employee takes their employees as they find them.

The Second Injury (SIF) was also held responsible for the pre-existing COPD condition since was the intent of the SIF to encourage employers to hire workers' with pre-exisiting conditions. In this case the pre-existing condition was not the sole cause of the injury; therefore, making the SIF liable also.

Sexton v. County of Cumberland/Culberland Manor, NJ App. Div., A-6414-06T1 Decided Januray 9, 2009).

Straightening Out What is Formaldehyde

The fragrance and cosmetic industry seems to be having a difficult time in straightening out its own product line after being the direct and indirect target of claims from injured workers and consumers. National Public Radio [NPR] reports today that the attempt to remove formaldehyde, a know carcinogen, has been met with new and potentially toxic results.

The Hollywood rage, that is frizz-free hair, has created concern in Washington and in courtrooms as to the toxicity of the beauty products being sold and utilized. A scientist, Sharon Neufeldt, has raised concern the the new products being market maybe no better than the allegedly toxic old products.

Related articles

• Employee Sues Co-Worker Following Perfume Assault (workers-compensation.blogspot.com)
• Workers Compensation Benefits Awarded for Breast Cancer (workers-compensation.blogspot.com)
• A Closer Look: Brazilian Blowout formaldehyde questions continue (ehssafetynews.wordpress.com)
• Health Alert! I Went To The Salon For A Brazilian Blowout And All I Got Was This Lousy Formaldehyde Poisoning (laist.com)

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 from occupational exposures. Please contact our office if you require assistance in filing a claim.

Taking Aim At Carcinogenic Cosmetics

The fragrance and cosmetic industry is now the target of potential regulation as the State of Colorado is considering legislation to ban cosmetics that contain cancer producing substances. Legislation has been introduced by Senator Betty Boyd and Representative Dianne Primavera to ban the products.The proposed legislation is entitled "Colorado Safe Personal Care Products Act." [HB 1248]


Recently the NJ Courts upheld a workers' compensation claim of a worker who suffered a medical condition as a result of merely sustaining a bystander exposure to perfume. 


The cosmetic and fragrance industry is largely self-regulated. The proposed Colorado legislation comes as a new national effort is being made to create a safer environment in the workplace.


The read more about occupational exposures and workers' compensation click here.

Employee Sues Co-Worker Following Perfume Assault

An employee in Ohio who was denied a claim for workers' compensation benefits, has filed a lawsuit against her co-workers against her co-employees. With the workers' compensation claim have been rejected, the workers' compensation law would not act as a bar to such an action under the Exclusivity Doctrine.

In NJ an employee was permitted to bring a claim for workers compensation benefits. The NJ court reasoned in its opinion that the accident occurred in the course of her employment and arose out of her employment. The exposure at work was deemed a "neutral risk," one that was out of the control of the employee.

The fragrance and cosmetic industry is now the target of potential regulation as the State of Colorado is considering legislation to ban cosmetics that contain cancer producing substances. The cosmetic and fragrance industry is largely self-regulated.

Recently the California Attorney General filed a  lawsuit against the manufacturers of a cosmetic product that contained formaldehyde, a hazardous substance. The complaint alleges that the cosmetic company engaged in deceptive identification, advertising and promotional practices.

"Recent testing by the Oregon Health & Science University’s Center for Research on Occupational and Environmental Toxicology and Oregon OSHA found between 6.3 and 11.8 percent formaldehyde in the solution. The Cosmetic Ingredient Review Expert Panel, a monitoring agency for cosmetic safety, states that formaldehyde is only safe at a level of less than 0.2 percent." Health Canada is warning Canadians that Brazilian Blowout Solution manufactured by Brazilian Blowout of California has been found to contain unacceptable levels of formaldehyde.

The Ohio employee, who is bringing the action against her co-workers, was hospitalized because of the exposure at work and now is forced to use an inhaler to relieve her respiratory symptoms.

Related articles

• Congresswoman Woolsey Calls For A GAO Study of Workers Compensation-Cites Insurance Company Cost Shifting (workers-compensation.blogspot.com)
• Congress Told Workers Compensation is a Deteriorating System (workers-compensation.blogspot.com)
• Dean Emily Spieler Requests Congress to Review The Workers' Compensation Disability Rating System (workers-compensation.blogspot.com)

Workers Compensation Benefits Awarded for Breast Cancer

The Nevada Supreme Court has awarded workers' compensation benefits to a firefighter who alleged that her occupational exposure at work to toxic substances caused her breast cancer. The court held that there was substantial evidence that supported the finding that her exposure to known carcinogens was causally related to her breast cancer.

The injured worker was employed for the City of Las Vegas in 1992 and was diagnosed with breast cancer in 1997. She under whet treatment and lost 8 to 9 months of work. In 2004 she suffered a recurrence of the breast cancer and under when a double mastectomy and chemotherapy.

The Nevada statute defines what  a "carcinogen" is based upon the definition of the International Agency for Research on Cancer [IARC] or the National Toxicology Program [NTP]. The former firefighter alleged that she was exposed to benzene, a know carcinogen. One of her expert witnesses, Dr. James Melius, testified that, "Several studies have found occupational exposure to benzene to be associated with breast cancer risk in both males and females."

Also her treating physician causally related her medical condition to her occupational exposure to carcinogens. He advised her to cease work as a firefighter.

City of Las Vegas v. Lawson, No. 53900, 126 Nev. Adv. Op. 52, 2010 WL 542282 (Nev. 2010) Decided December 30, 2010.

Related articles

• Workers Compensation Benefits for Breast Cancer to Be Law in Manitoba (workers-compensation.blogspot.com)
• Employee Sues Co-Worker Following Perfume Assault (workers-compensation.blogspot.com)
• Too Old to Get Workers Compensation (workers-compensation.blogspot.com)

Congressional Deficit Reform May Incorporate Workers Compensation Awards

Congressional deficit reform may encompass workers' compensation awards as an element for deficit reduction. National Underwriter (NU) reports that the proposal is supported by the co-chairman of the budget deficit commission (National Commission on Fiscal Responsibility)  that was appointed by President Barach Obama. A vote of the full committee is scheduled for Friday.

A proposal was also made to impose caps on punitive and non-economic damages in tort claims.

NU reported, "On tort reform, the co-chairmen recommended that among the policies that should be pursued, state and federal governments should consider modifying the “collateral source” rule to allow outside sources of income collected as a result of an injury (for example, workers’ compensation benefits or insurance benefits) to be considered in deciding awards."

Commission's report stated:

"Among the policies pursued, the following should be included: 1) Modifying the “collateral source” rule to allow outside sources of income collected as a result of an injury (for example workers’ compensation benefits or insurance benefits) to be considered in deciding awards; 2) Imposing a statute of limitations – perhaps one to three years – on medical malpractice lawsuits; 3) Replacing joint-and-several liability with a fair-share rule, under which a defendant in a lawsuit would be liable only for the percentage of the final award that was equal to his or her share of responsibility for the injury; 4) Creating specialized “health courts” for medical malpractice lawsuits; and 5) Allowing “safe haven” rules for providers who follow best practices of care."

Related articles

• Congress Told Workers Compensation is a Deteriorating System (workers-compensation.blogspot.com)
• Congresswoman Woolsey Calls For A GAO Study of Workers Compensation-Cites Insurance Company Cost Shifting (workers-compensation.blogspot.com)
• USPS May Declare Bankruptcy Citing High Workers Compensation Costs (workers-compensation.blogspot.com)
• Employee Sues Co-Worker Following Perfume Assault (workers-compensation.blogspot.com)

California Becomes First State to Set Safety Guidelines for Flavoring Chemical

Cal/OSHA continues to be a national leader in worker safety by implementing a new standard today to protect employees who work with diacetyl, a chemical commonly used to give food flavorings a buttery taste.  Cal/OSHA, a division of the California Department of Industrial Relations (DIR), is the only state-OSHA plan to have such a standard.    

"The diacetyl standard is the latest example of how Cal/OSHA is on the forefront of worker safety," said DIR Director John C. Duncan.  "We have taken the lead on this issue from day one and have worked closely with national medical experts as well as the National Institute of Occupational Safety and Health to get to this point. We refuse to wait until more workers suffer serious lung ailments to take action. At this time, not even Federal OSHA has a safety regulation for diacetyl, but we hope that this standard will serve as a model for them to follow."  

The new standard, section 5197 of the California Code of Regulations, requires employers covered by the standard to create a regulated area for each process using diacetyl, unless the process is enclosed.  Employers must also provide safeguards for employees who work with diacetyl at certain concentrations.  These safety measures include creating a written diacetyl control program, periodic monitoring of exposure levels and providing personal protective equipment, respirators, training, and medical surveillance at no cost to employees.  The standard goes into effect today.

"Diacetyl, a chemical that is harmless when it occurs naturally or as an ingredient in many of the foods we eat, can be dangerous in industrial settings where flavorings or foods are manufactured because it is used in much higher concentrations that allow it to get into the air that workers breathe," said Cal/OSHA Chief Len Welsh.  "Cal/OSHA has issued citations in the past related to exposure to diacetyl, but this comprehensive standard will allow us to better target our enforcement efforts."

Workers from two California flavoring companies that use diacetyl have been diagnosed with bronchiolitis obliterans -- inflammation and scarring of the small airways that can result in permanent and life threatening narrowing of the airways.  A number of employees nationwide who have been exposed to diacetyl have developed the serious respiratory illness which in some cases has resulted in patients being placed on lung transplant wait lists or dying.  Symptoms include persistent dry cough, shortness of breath when using extra energy, and wheezing.  Workers' Compensation Acts provide some benefits for those exposed.

Cal/OSHA Consultation also works to protect employees from dangerous food-flavoring chemicals.  Consultation initiated its Flavor Industry Safety and Health Evaluation Program (FISHEP) in 2006 to provide assistance to California food flavor manufacturing companies.  Consultation staff conducted mandatory onsite evaluations and consultations with 28 California companies that use pure flavoring ingredients to manufacture food flavors.  

Related articles

• Employee Sues Co-Worker Following Perfume Assault (workers-compensation.blogspot.com)
• $30.4 Million Verdict in Popcorn Flavoring Lawsuit (workers-compensation.blogspot.com)
• Legislation to Protect Food Flavoring Workers from Severe Lung Disease Passes House

EPA Expands List of Safer Chemical Ingredients

Today's post was shared by US EPA News and comes from yosemite.epa.gov

The U.S. Environmental Protection Agency's (EPA) today added more than 130 chemicals to its Safer Chemical Ingredients List. For the first time, 119 fragrance chemicals for commercial and consumer cleaning products have been added to the list.

“Fragrances are an important yet complex part of many consumer cleaning products. By adding fragrance and other chemicals to the Safer Chemical Ingredients List, EPA continues its commitment to help companies make safer products and provide the public with greater access to chemical information,” said James Jones, acting assistant administrator for the Office of Chemical Safety and Pollution Prevention.

The Safer Chemical Ingredients List, which now contains 602 chemicals, serves as a resource for manufacturers interested in making safer products; health and environmental advocates seeking to encourage the use of safer chemicals; and consumers seeking information on the ingredients in safer chemical products.

It also serves as a guide for Design for the Environment (DfE) labeled products, which must meet EPA’s rigorous, scientific standards for protecting human health and the environment.

More than 2,500 products are certified under the DfE Standard for Safer Products including all-purpose cleaners, laundry and...

[Click here to see the rest of this article]

Read more about "fragrances" and workers' compensation.

Workers' Compensation: Sign of the Times: Fragrance Free Workplace

Jul 09, 2012

When visiting City Hall, please help us by not wearing perfume, cologne, or other fragrances. If you are wearing a fragrance, you will need to remain at the front of the building when visiting. Thank you for your help! Tuttle.

http://workers-compensation.blogspot.com/

Workers' Compensation: The Hazards of Alcohol-Based Hand ...

Mar 19, 2013

Additionally the fragrances used may be toxic. Virginia Evans and Peter Orris from the University of Illinois authored a ... Labels: fragrances, Hand sanitizers, toxic chemicals. Posted by Jon Gelman at Tuesday, March 19, 2013.

http://workers-compensation.blogspot.com/

Workers' Compensation: Is the Cosmetic Industry the Next Tobacco ...

Jul 21, 2010

The generic and plan properties of the sun screens have been polluted by the carcinogenic properties of fragrances that have been reported to cause cancer themselves. The Safe Cosmetics Act, now under consideration by ...

http://workers-compensation.blogspot.com/

Workers' Compensation: US EPA Reaches Agreement With 70 ...

Jun 21, 2012

Givaudan Fragrances Corporation (Fragrances North America) 29. Goodrich Corporation on behalf of itself and Kalama Specialty Chemicals, Inc. 30. Hess Corporation, on its own behalf and on behalf of Atlantic Richfield ...

http://workers-compensation.blogspot.com/

Related articles

• US Chemical Safety Board Finds Fault in West Fertilizer Explosion and Fire
• Chemical Exposure: Devastating Consequences
• Fashion Safety - Why Won't American Companies Get In Line?
• OSHA settles with Nebraska-based ConAgra Foods to protect workers from anhydrous ammonia
• Lead Paint - Industry Has Yet to Meet Its Responsibility

Brazilian Blowout Abandons Suits Against Oregon OSHA for Formaldehyde Findings

A company that makes a hair straightening product, Brazilian Blowout, has dropped a lawsuit that it had filed against Oregon OSHA (Occupational Safety and Health Administration) challeging the agency's findings that the product contained formaldehyde, a known carcinogen.

OSHA had tested 105 samples of the air product from 54 hair salons and reported significant formaldehyde findings. The lawsuit, filed by the company, alleged that the testing was incorrect.

The report had concluded, "Oregon OSHA and CROET have concluded that there are meaningful risks to salon workers  when they are confronted with these hair smoothing products. Effective control of those risks depends upon accurate information regarding the potential hazards and the control measures  available, which in turn begins with an accurate understanding of the ingredients and the potential harm they may cause."

Related articles

• Straightening Out What is Formaldehyde (workers-compensation.blogspot.com)
• Hair Stylists Question Chemical in Relaxer (ehssafetynews.wordpress.com)
• Employee Sues Co-Workers Following Perfume Assault
• Your Job May Cause Cancer
• ALS Linked to Formaldehyde Exposure

Warning: Surgeon General Finds Workplace Tobacco is Even More Dangerous to Your Health

Workers who are exposed to tobacco smoke, even in small quantities, are subjecting themselves to an increased risk of illness and disease. The newly published Surgeon General Report, How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease, takes a detailed, scientific look at the toxicology and biology behind nicotine addiction and tobacco smoking, including carcinogenic effects and the adverse effects on cardiopulmonary and reproductive health.

Exposure to tobacco smoke – even occasional smoking or secondhand smoke – causes immediate damage to your body that can lead to serious illness or death, according to a report released today by U.S. Surgeon General Regina M. Benjamin.  The comprehensive scientific report - Benjamin’s first Surgeon General’s report and the 30^th tobacco-related Surgeon General’s report issued since 1964 - describes specific pathways by which tobacco smoke damages the human body and leads to disease and death.

Related articles

• Even One Cigarette Can Prove Lethal, U.S. Surgeon General Says (nlm.nih.gov)
• Employee Sues Co-Worker Following Perfume Assault (workers-compensation.blogspot.com)
• Great American Smokeout --- November 18, 2010 (workers-compensation.blogspot.com)
• Casino EMployee Wins Cancer Suit foe Second-Hand Smoke (workers-compensation.blogspot.com)
• Firefighters Required ro Stop Smoking On and Off Duty (workers-compensation.blogspot.com)

Top 10 Articles of 2020 - Year in Review

A list of the most popular 10 Workers’ Compensation Blog Posts in 2020

OSHA Issues Bulletin on the Hazards of Exposure to Flavoring Substances

DIACETYL - BASED FLAVORS

The following flavors may contain diacetyl

Dairy Flavorings	Hybrid Dairy  Flavorings  (Contains a substantial dairy content)	Brown Flavorings	Alcohol Flavorings	Other Flavorings	Fruit Flavorings
Butter	Butter Pecan	Butterscotch	Brandy	Nutmeg	Strawberry
Cheese	Strawberry Crème	Caramel	Rum	Honey	Cranberry
Cream Cheese	Vanilla Crème	Vanilla	Whisky	Graham Cracker	Raspberry
Cheesecake	Other Crème Flavors	Coffee	Pina Colada	Vinegar	Blackberry
Milk	Root Beer Float	Tea		Meat flavors (e.g. gravy	Boysenberry
Yogurt	Chai	Toffee		Malt	Other berry flavors
Ice Cream		Chocolate (esp. milk chocolate)		Wine	Fruit flavors -nearly any kind (e.g., banana, apple, grape, pear)
Egg		Cocoa		Beer	Cider
Ranch Dressing		Cocoa Butter		Tequila	Tomato
Sour Cream		Maple
Buttermilk		Brown Sugar
Mayonnaise		Marshmallow
		Peanut Butter
		Praline
Starter Distillate or Butter Starter Distillate		Hazelnut & other nut flavors

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)¹ in flavoring, food and beverage manufacturing. The SHIB provides information about the potential health effects associated with exposure to flavoring substances or its substitutes. It is important that all manufacturers and users of flavorings understand that even though a flavoring is considered safe to eat, it does not mean that the flavoring is also safe to breathe or handle in occupational settings.

Many substances are used in the manufacture of flavorings. Diacetyl is a substance widely used in food and beverage flavorings. Diacetyl is used in a wide variety of food flavorings, although flavor manufacturers have begun to reduce or eliminate the amount of diacetyl in some kinds of flavorings because of health concerns. The principal types of flavorings that use diacetyl are dairy flavors (e.g., butter, cheese, sour cream, egg, and yogurt flavors) and the so-called "brown flavors" (e.g., caramel, butterscotch, brown sugar, maple or coffee flavors). Some fruit flavors (e.g., strawberry and banana) may also contain diacetyl (Table 1). There are also a variety of special uses of diacetyl such as in vanilla, tea, and other flavorings that are difficult to categorize broadly. Industries where some firms are known to use these flavorings include, but are not limited to, candies, snack foods, prepared canned or frozen foods (especially with sauces), some dairy products, bakeries, animal foods, soft drinks, and flavored cooking oils. Some foods (e.g., dairy products, wine and beer) contain naturally occurring diacetyl.

The occurrence of severe lung disease among workers in workplaces where diacetyl is manufactured and used has led some manufacturers to reduce or eliminate the amount of diacetyl in some kinds of flavorings, foods, and beverages. They have begun to use substitutes such as acetyl propionyl (2,3 pentanedione) and acetoin. These substitutes, some of which are structurally similar to diacetyl, have not been well-studied and there is growing concern that they also pose health risks for workers. There is additional concern that combinations of chemicals may increase the harm.

OSHA does not have permissible exposure limits (PELs) for most flavoring substances, including diacetyl and acetoin. The SHIB provides recommendations for controlling exposure to diacetyl, diacetyl substitutes and other flavorings to protect employees from serious respiratory disease. 

Related articles

• California Becomes First State to Set Safety Guidelines for Flavoring Chemical (workers-compensation.blogspot.com)
• $30.4 Million Verdict in Popcorn Flavoring Lawsuit (workers-compensation.blogspot.com)
• Employee Sues Co-Worker Following Perfume Assault (workers-compensation.blogspot.com)