Saturday, December 11, 2010
Judge Orders Arrest of CEO of Asbestos Supplier
A Judge in Tennessee has order the arrest of the Chief Executive Office of an asbestos supplier for his failure to provide information concerning the company's assets. The action followed the jury's award of $4.1 Million for the death of a man who was exposed as a pipe-fitter to asbestos fiber sold/distributed by the company, National Service Industries.
Friday, December 10, 2010
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 30th 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.
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Saturday, December 4, 2010
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.
Friday, December 3, 2010
National Mesothelioma Awareness Day Resolution Approved by Congress
The US House of Representative has passed a resolution designating September 26 as National Mesothelioma Awareness Day. The action came as the US House of Representatives unanimously, by roll call vote, approved the passage of a resolution (H. Res. 771). Representative Betty McCollum introduced the resolution that was supported by 58 co-sponsors.
The action by the House of Representatives follows prior approval of an identical resolution passed by the U.S. Senate (S. Res. 288) previously. The Senate resolution was sponsored by Senator Patty Murray (WA) and had 5 co-sponsors and was also approved by unanimous consent.
The test of the resolution is:
Whereas mesothelioma is a terminal, asbestos-related cancer that affects the linings of the lungs, abdomen, heart, or testicles;
Whereas workers exposed on a daily basis over a long period of time are most at risk, but even short-term exposures can cause the disease and an exposure to asbestos for as little as one month can result in mesothelioma 20-50 years later;
Whereas asbestos was used in the construction of virtually all office buildings, public schools, and homes built before 1975 and asbestos is still on the United States market in over 3,000 products;
Whereas there is no known safe level of exposure to asbestos;
Whereas millions of workers in the United States have been, and continue to be, exposed to dangerous levels of asbestos;
Whereas the National Institutes of Health reported to Congress in 2006 that mesothelioma is a difficult disease to detect, diagnose, and treat;
Whereas the National Cancer Institute recognizes a clear need for new agents to improve the outlook for patients with mesothelioma and other asbestos-related diseases;
Whereas for decades, the need to develop treatments for mesothelioma was overlooked and today, even the best available treatments usually have only a very limited effect and the expected survival time of those diagnosed with the disease is between 8 and 14 months;
Whereas mesothelioma has claimed the lives of such heroes and public servants as Admiral Elmo Zumwalt, Jr., and Congressman Bruce F. Vento, and a high percentage of today's mesothelioma victims were exposed to asbestos while serving in the United States Navy;
Whereas it is believed that many of the firefighters, police officers, and rescue workers from Ground Zero on September 11, 2001, may be at increased risk of contracting mesothelioma in the future;
Whereas the establishment of a National Mesothelioma Awareness Day would raise public awareness of the disease and of the need to develop treatments and enhance public awareness for it; and
Whereas cities and localities across the country are recognizing September 26 as Mesothelioma Awareness Day: Now, therefore, be it
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The action by the House of Representatives follows prior approval of an identical resolution passed by the U.S. Senate (S. Res. 288) previously. The Senate resolution was sponsored by Senator Patty Murray (WA) and had 5 co-sponsors and was also approved by unanimous consent.
The test of the resolution is:
Whereas mesothelioma is a terminal, asbestos-related cancer that affects the linings of the lungs, abdomen, heart, or testicles;
Whereas workers exposed on a daily basis over a long period of time are most at risk, but even short-term exposures can cause the disease and an exposure to asbestos for as little as one month can result in mesothelioma 20-50 years later;
Whereas asbestos was used in the construction of virtually all office buildings, public schools, and homes built before 1975 and asbestos is still on the United States market in over 3,000 products;
Whereas there is no known safe level of exposure to asbestos;
Whereas millions of workers in the United States have been, and continue to be, exposed to dangerous levels of asbestos;
Whereas the National Institutes of Health reported to Congress in 2006 that mesothelioma is a difficult disease to detect, diagnose, and treat;
Whereas the National Cancer Institute recognizes a clear need for new agents to improve the outlook for patients with mesothelioma and other asbestos-related diseases;
Whereas for decades, the need to develop treatments for mesothelioma was overlooked and today, even the best available treatments usually have only a very limited effect and the expected survival time of those diagnosed with the disease is between 8 and 14 months;
Whereas mesothelioma has claimed the lives of such heroes and public servants as Admiral Elmo Zumwalt, Jr., and Congressman Bruce F. Vento, and a high percentage of today's mesothelioma victims were exposed to asbestos while serving in the United States Navy;
Whereas it is believed that many of the firefighters, police officers, and rescue workers from Ground Zero on September 11, 2001, may be at increased risk of contracting mesothelioma in the future;
Whereas the establishment of a National Mesothelioma Awareness Day would raise public awareness of the disease and of the need to develop treatments and enhance public awareness for it; and
Whereas cities and localities across the country are recognizing September 26 as Mesothelioma Awareness Day: Now, therefore, be it
- Resolved, That the House of Representatives--
- (1) supports the goals and ideals of Mesothelioma Awareness Day; and
- (2) urges the President to issue a proclamation calling on the people of the United States, Federal departments and agencies, States, localities, organizations, and media to annually observe a National Mesothelioma Awareness day with appropriate ceremonies and activities.
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Thursday, December 2, 2010
CMS Issues Series of Mandatory Reporting Alerts
Image via WikipediaThe Centers for Medicare and Medicaid Services (CMS) has recently issued a series of Alerts for Implementation of Medicare Secondary Payer Mandatory Reporting Provisions in Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (See 42 U.S.C. 1395y(b)(7) & (8)).
One of Alerts defines the Date of Incidence (DOI) for a cumulative injury which is the earlier of:
• The date that treatment for any manifestation of the cumulative injury began when such treatment preceded formal diagnosis; or
• The first date that formal diagnosis was made by any medical practitioner.
MMSEA 111 - Alert - November 18, 2010 - ALERT: Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers' Compensation - Special Default ICD-9 Code for Responsible Reporting Entities (RREs) [PDF 69.45KB]
MMSEA 111 - Alert - November 18, 2010 - ALERT: TIN Reference File Address Validation Information for Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers' Compensation Responsible Reporting Entities (RREs) [PDF 58.76KB]
MMSEA 111 - Alert- November 9, 2010 - I. Revised Implementation Timeline for TPOC Liability Insurance (Including Self-Insurance) Settlements, Judgments, Awards or Other Payments and II. Extension of Current Dollar Thresholds for Liability Insurance (Including Self-Insurance) and Workers' Compensation [PDF 46.95KB]
MMSEA 111 - Revised Alert - November 5, 2010 - Direct Data Entry (DDE) Registration Information for Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers' Compensation [PDF 49.17KB]
MMSEA 111 – Revised Alert - November 5, 2010 - New Direct Data Entry (DDE) Option for Liability Insurance (Including Self-Insurance), No-Fault Insurance and Workers' Compensation [PDF 65.37KB]
MMSEA111 - Alert - October 14, 2010 - Alert For Liability (Including Self-Insurance), No-Fault Insurance and Workers' Compensation - Reporting Timeframe [PDF 44.34KB]
MMSEA111 - Alert - October 14, 2010 - Alert For Liability (Including Self-Insurance), No-Fault Insurance and Workers' Compensation - DOI For Cumulative Injury [PDF 40.89KB]
New information concerning ICD Provider & Diagnostic Codes has also been posted to the CMS website:
Version 28 Full and Abbreviated Code Titles - Effective October 1, 2010 [ZIP 922KB]
Conversion information to the proposed (NEW) ICD-10 Codes is also posted.
Congressional Deficit Reform May Incorporate Workers Compensation Awards
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."
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Wednesday, December 1, 2010
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.
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.
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.
"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.
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