New Legislation to Strength OSHA Introduced in the Senate

New legislation ( S.1580) was introduced last week in the US Senate by Senator Reid on behalf of Senator Kennedy and co-sponsored by:

COSPONSORS(19)
Sen Akaka, Daniel K. [HI] - 8/5/2009
Sen Bingaman, Jeff [NM] - 8/5/2009
Sen Boxer, Barbara [CA] - 8/5/2009
Sen Brown, Sherrod [OH] - 8/5/2009
Sen Casey, Robert P., Jr. [PA] - 8/5/2009
Sen Dodd, Christopher J. [CT] - 8/5/2009
Sen Durbin, Richard [IL] - 8/5/2009
Sen Feingold, Russell D. [WI] - 8/5/2009
Sen Franken, Al [MN] - 8/5/2009
Sen Harkin, Tom [IA] - 8/5/2009
Sen Lautenberg, Frank R. [NJ] - 8/5/2009
Sen Leahy, Patrick J. [VT] - 8/5/2009
Sen Menendez, Robert [NJ] - 8/5/2009
Sen Merkley, Jeff [OR] - 8/5/2009
Sen Murray, Patty [WA] - 8/5/2009
Sen Sanders, Bernard [VT] - 8/5/2009
Sen Schumer, Charles E. [NY] - 8/5/2009
Sen Stabenow, Debbie [MI] - 8/5/2009
Sen Whitehouse, Sheldon [RI] - 8/5/2009


The legislation will strenghten the Occupational Safety and Health Administration and will make the woprkplace a safer environment.

Senator Reid stated, "“We now have strong partners in the White House and at the Department of Labor who are committed to making our workplaces safer. But they need action by Congress as well. That is why today we are reintroducing the Protecting America’s Workers Act, to take concrete steps to address many of the failures of the existing law.”

Senator Kennedy declared in his introductory remarks, "Mr. President, today I am pleased to introduce the Protecting America’s Workers Act. Almost 40 years ago, Congress set out to guarantee a safe workplace for all Americans. The Occupational Safety and Health Act of 1970 was landmark legislation that has dramatically improved the well-being of working men and women. Since then, the annual job fatality rate has dropped from 18 deaths per 100,000 workers to less than four. Thousands of lives have been saved each year. These are not abstract numbers— they represent thousands of families who have been spared the pain and heartache of losing a loved one on the job.....We need to send a strong message that it is unacceptable to treat workers as expendable or disposable."

CMS Requests Public Comments On Mandatory Reporting

The Centers for Medicare and Medicad Services (CMS) has published a public notice requesting comments on the definition of a Responsible Reporting Entity (RRE) to comply with MMSEA Section 111.

The proposed changes would replace the existing Section 7.1 of the User Guide. The proposals would further define:

1. Who Must Report

2. TPAs (Third Party Administrators)

3. RRE (Responsible Reporting Entities)

4. Deductible Issues

5. Fronting Policies

6. Re-insurance, Stop Loss Insurance, Excess Insurance, Umbrella Insurance, etc.

7. Multiple Defendants

8. Self-Insurance Pools

9. Assigned Claim Funds

10. Workers' Compensation

11. Liquidation

12. Bankruptcy

13. Multi-National Organizations, Foreign Nations, American Indian, Alaskan Native Tribes

Comments must be submitted by August 16, 2009.

Asbestos Exposure Results in $200,000 Award for Future Medical Monitoring

The NJ Appellate Division recently affirmed a jury award for $200,000. for medical monitoring. The injured worker was exposed to asbestos fiber at worked as a millwright for a paper mill during the years 1956 through 1994 and a Johns Manville for approximately 6 months in 1955. He was diagnosed as having "pleural plaques" on his lungs.

The Court, relying on other judicial precedent, held that the award of damages for future medical medical monitoring was "'consistent with well-accepted legal principles'" and "'the important public health interest in fostering access to medical testing for individuals whose exposure to toxic chemicals creates an enhanced risk of disease.'"

Since asbestos related disease is progressive and has a long latency period from the initial exposure to the onset of disease (asbestos, cancer & mesothelioma) it is warranted that medical monitoring through doctor's visits are warranted.

Sarkozy v A.P. Green, et al., NJ Super A-0312-07T1 (App Div) Decided July 31, 2009.

Highlighting Safety at OSHA

The President's nomination of David Michaels to lead the Occupational Safety and Health Administration (OSHA) underscores the Administration's desire to emphasize the need for safety in the workplace. Michaels, author of the book, "Workers at Risk," recognized that safety is a shared responsibility between Labor and Industry.

In a recent discussion on National Public Radio's program "Living on Earth," a "New Approach to Workplace Dangers" was discussed. "President Obama recently announced the nomination of David Michaels to head up the Occupational Safety and Health Administration (OSHA). Michaels, a public health professional, has been an outspoken critic of polluting industries, accusing them of manufacturing uncertainty so as to undermine the science behind regulation. Host Jeff Young talks to Sidney Shapiro, a Wake Forest Law Professor and OSHA expert, about this nomination."

Michael's has indicated that a change of culture is called for. "What polluters have seen is that the strategy that the tobacco industry came up with, which essentially is questioning the science, find the controversy and magnify that controversy, is very successful in slowing down public health protections. And so the scientists who used to work for the tobacco industry are now working for most major chemical companies. They don't have to show a chemical exposure is safe. All they have to do is show that the other studies are in question somehow. And by raising that level of uncertainty, they throw essentially a monkey wrench into the system."

The agency will next have to be given the necessary tools to permit the culture of safety to flourish. OSHA must become proactive about safety. Congress will now have to act to implement new laws to strengthen OSHA's mission of safety.

Congressional Committee Moves to Reopen Victims Compensation Fund

Legislation has advanced in the US Congress to reopen the Victims Compensation Fund for those who may have been injured in the 9/11 attack.

NY Congresswoman Carolyn Maloney (D-NY) has sponsored H.R. 847 "James Zadroga 9/11 Health and Compensation Act of 2009." The bill amends the Public Health Service Act to establish within the National Institute for Occupational Safety and Health the World Trade Center Health Program (WTC program) to provide:

(1) medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers who responded to the World Trade Center terrorist attacks on September 11, 2001; and
(2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers who were directly impacted and adversely affected by such attacks. Requires the WTC program administrator to:
(1) implement a quality assurance program;
(2) establish the WTC Health Program Scientific/Technical Advisory Committee;
(3) establish the WTC Responders Steering Committee and the WTC Community Program Steering Committee;
(4) provide for education and outreach on services under the WTC program;
(5) provide for the uniform collection of data related to WTC-related health conditions;
(6) conduct research on physical and mental health conditions that may be related to the September 11 terrorist attacks; and
(7) extend and expand arrangements with the New York City Department of Health and Mental Hygiene to provide for the World Trade Center Health Registry. Authorizes the administrator to make grants to the Department to address mental health needs relating to the terrorist attacks.
Amends the Air Transportation Safety and System Stabilization Act to:
(1) make individuals eligible for compensation under the September 11 Victim Compensation Fund of 2001 for harm as a result of debris removal; and
(2) extend the deadline for making a claim for compensation.

The original legislation was a controversial benefit program that was to supplement applicable workers' compensation benefits. It did not provide for medical monitoring as well as treatment of latent medical conditions.

Asbestos Production Slows As The Economy Lags

The sluggish economy is deemed to be the cause of lower asbestos production. Foster Wheeler Ltd., a producer of asbestos, has reported that it's second-earnings profit has dropped 24% based on lower sales of asbestos and lower demand for engineering and construction projects.

Asbestos, a known carcinogen, has yet to be banned from production in the United States. For decades it has been mined and used in products including insulation, floor tile, construction products and gaskets. It has been recognized as the sole cause for mesotheloma, a rare, but fatal, cancer. Asbestos exposure a significant risk factor in lung, gastrointestinal and other malignancies.

Since the latency period of asbestos related disease is 10 to 15 or more years after exposure, the drop in asbestos production may signal that asbestos related disease will also decline in future decades. In most jurisdictions, workers' compensation systems, have struggled to provided benefits to workers who have been exposed to asbestos fiber even though the onset of the occupational disease did not manifest for decades following exposure to the natural occurring fiber.

For many years advocacy groups have fought for a complete ban on the use of asbestos products in the United States. Legislation is currently remains pending in Congress.

Major Insurance Companies Still In A Downward Spiral

Two major insurance carriers have shown continued losses. AIG and Travelers are both facing difficult situations economic issues..

On Friday Moody's Investors Services downgraded two American International Group Inc. (AIG) lending united to near "junk" status. Other rating companies also lowered their ratings of AIG to Baa3.

This follows news last week that Travelers Insurance Company Inc.'s (Travelers) 2nd quarter income fell 21% which resulted in lower income and higher claims costs. Travelers is the second largest insurer after AIG. The revenue decrease at Travelers was reported to be 2.1% of $6.16 Billion.

As unemployment remains static or increases, fewer people are working, and premium revenues will continue to decline.