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

Friday, December 31, 2010

NIOSH Focuses On Safety of Nanotechnology

On Wednesday, April 8, 2009 [74 FR 15985], the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC), announced in the Federal Register plans to evaluate the scientific data on carbon nanotubes and to issue its findings on the potential health risks. A draft Current Intelligence Bulletin entitled ``Occupational Exposure to Carbon Nanotubes and Nanofibers'' has been developed which contains an assessment of the toxicological data and provides recommendations for the safe handling of these materials. NIOSH is seeking comments on the draft document and plans to have a public meeting to discuss the document. The draft document and instructions for submitting comments can be found at http://www.cdc.gov/niosh/docket/review/docket161A/ default.html.

NIOSH has interest in:
(1) Identification of industries or occupations in which exposures to carbon nanotubes and nanofibers can occur; 
(2) Trends in the production and use of carbon nanotubes and nanofibers; 
(3) Exposure measurement data; 
(4) Case reports or other health information demonstrating possible health effects in workers exposed to carbon nanotubes or nanofibers; 
(5) Reports of experimental in vivo and in vitro studies that provide evidence of a dose-relationship between exposure to carbon nanotubes and nanofibers and biological activity; 
(6) Reports of experimental data on the airborne characteristics of carbon nanotubes or nanofibers, including information on the amounts that are inhalable and respirable; 
(7) Criteria and rationale for including workers in a medical surveillance and screening program; 
(8) Description of work practices and engineering controls used to reduce or prevent workplace exposure to carbon nanotubes and nanofibers; and 
(9) Educational materials for worker safety and training on the safe handling of carbon nanotubes and nanofibers.

This announcement follows an earlier conference by NIOSH in July 2010.

Thursday, December 23, 2010

The World Trade Center Health Program Expands The Path to Federalization

Yesterday the US Congress passed and sent to the President, The World Trade Center Health Program, marking yet another advance on the path to federalize the nation's workers' compensation program. The Federally funded and administered program provides for medical evaluation and treatment of occupational medical conditions that have been neglected or ignored by other benefit programs.


The legislation specifically provides for medical monitoring and treatment to eligible emergency responders and recovery and cleanup workers, including those who are Federal employees, who responded to the September 11, 200, terrorist attacks. Furthermore, the program will provide initial health evaluations, monitoring, and treatment to residents and other building occupants and area workers in New York City who were directly impacted and adversely affected by the attacks.


H.R. 847 Health and Compensation Act of 2010
Click Here for C-Span Video http://tinyurl.com/2ax3htq

Wednesday, December 22, 2010

OSHA Issues Bulletin on the Hazards of Exposure to Flavoring Substances




DIACETYL - BASED FLAVORS

The following flavors may contain diacetyl
Dairy FlavoringsHybrid Dairy 
Flavorings 
(Contains a substantial dairy content)
Brown FlavoringsAlcohol FlavoringsOther FlavoringsFruit Flavorings
ButterButter PecanButterscotchBrandyNutmegStrawberry
CheeseStrawberry CrèmeCaramelRumHoneyCranberry
Cream CheeseVanilla CrèmeVanillaWhiskyGraham CrackerRaspberry
CheesecakeOther Crème FlavorsCoffeePina ColadaVinegarBlackberry
MilkRoot Beer FloatTeaMeat flavors (e.g. gravyBoysenberry
YogurtChaiToffeeMaltOther berry flavors
Ice CreamChocolate (esp. milk chocolate)WineFruit flavors -nearly any kind (e.g., banana, apple, grape, pear)
EggCocoaBeerCider
Ranch DressingCocoa ButterTequilaTomato
Sour CreamMaple
ButtermilkBrown Sugar
MayonnaiseMarshmallow
Peanut Butter
Praline
Starter Distillate or Butter Starter DistillateHazelnut & 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.
 

Tuesday, December 21, 2010

New Jersey Launches Workers' Compensation Centennial Celebration

Next year, 2011, marks the 100th anniversary of the enactment of the NJ Workers' Compensation Act. For a century,  the State has embraced a no-fault system that has provided benefits to injured workers in a summary fashion.

Peter J. Calderone, Director and Chief Judge has announced that A Celebration and Recognition Dinner is planned on May 17, 2011 and a no fee Seminar with CLE credits at all vicinages will be held on May 2, 2011.

Sunday, December 19, 2010

Medical Witness Cannot Be An Advocate - Knee Replacement Surgery Authorized

A workers' compensation medical witness is not permitted to be become an advocate. A Judge of Compensation disregarded an insurance company medical witness when the medical expert "crossed the line from being a medical witness to an advocate."

In reaching her decision, Diana Ferriero, Judge of Compensation, rationalized that the insurance company's medical expert by the "convoluted cover letter sent by respondent counsel," along with medical records on the injured worker. 

The injured employer suffered two work related accidents as a mechanic for American Airlines. The first accident in to the right knee occurred in July 2004 and resulted in a partial menisectomy and no prolonged sequelae. The worker was symptom free until a second accident in January 2007when he slipped and fell on both knees and hands. The insurance company authorized 28 medical office visits, 15 Hyalgan injections, 14 aspirations and physical therapy for treatment to his right knee. A diagnosis was made by the treating physician and the insurance company refused the injured worker a total knee replacement claiming that the medical condition was unrelated to the 2nd accident of January 2007.

The workers' compensation Judge ordered an independent medical evaluation by a renowned specialist in knee and hip replacements, Mark A, Hartzband of the Hackensack University Medical Center. The judge concluded that, "Dr, Hartzband opined that petitioner's need for a right total knee replacement was directly and causally related to the accident of January 17, 2007."

The court also found that the insurance company's treating physician, who opined that the 2nd accident was unrelated to the need for a knee replacement, was "disingenuous given the contents of his office chart," and reasoned that the insurance company's authorized treating physician did not have an understanding of arthritis and its progression.

The court granted the injured workers' motion for medical treatment, evaluation and scheduling of the right knee replacement, and ordered the payment of temporary medical benefits.

Pepe v. American Airlines, CP No. 2008-5878, NJ DWC 2010), Decided November 11, 2010.

Friday, December 17, 2010

Defective Artificial Hips Maybe a Costly problem for Workers' Compensation

The workers' compensation insurance system is about to be the initial payor for joint replacement surgery and for the complications of defective artificial hip joint damage that were said to be inadequately tested because of a loophole in FDA's rules. With an estimated 93,000 DePuy recalled artificial hips implanted worldwide, the workers' compensation benefit system will probably be paying for a vast amount of the remediation and treatment costs, and then having its hand out through direct and indirect subrogation efforts to seek reimbursement from the manufacturer, Johnson and Johnson.

Called "one of the most troubled orthopedic implants of the past decade," recently recalled Johnson & Johnson artificial hips, DePuy Orthopedics, have drawn recent attention for being sold and promoted without adequate testing. The concern has been focused on devices known as A.S.R., Artificial Surface Replacement hip joints. The device was first introduced in the US in 2005 and was recalled from the market in August 2008.

The New York Times reported that, "Current rules do not require device producers to notify the F.D.A. when they bundle together components from approved and unapproved devices, Mark Melkerson, an agency official, acknowledged. New iterations of device designs already used on patients typically receive scant scrutiny from the F.D.A. before going to market."

It further reported that, "... back in 2005, the F.D.A. allowed DePuy to start selling the other version of the A.S.R., a modified standard hip replacement that used the same A.S.R. cup found in the company’s unapproved resurfacing device." 

As a result of hip joint pain following surgery, and many adverse reports, and surgical implant failures, further investigation have resulted in the recall of DePuy Orthopedics, ASR artificial hips,  Some individuals may suffer damage to bones, muscles and nerves following implant. Lawsuits have been filed against DePuy.

Wednesday, December 15, 2010

High Workers Compensation Costs May Force County to Layoff 100 Workers

Citing the high workers compensation costs, Passaic County NJ is seriously considering laying off more than 100 workers in an effort to balance its budget. The Counting is facing a $7 Million dollar budget cap.

High costs for workers' compensation  coverage has been a critical budget issue for many governmental entities. Last month the United States Postal Service reported that it may consider filing for bankruptcy as a result of high workers' compensation costs.  Some public entities are considering privatizing workers' compensation inorder to reduce mounting workers compensation costs.