Copyright

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

Monday, January 16, 2012

ADAO To Brief US Senate on Asbestos Jan 19, 2012


As part of ADOA's education, advocacy, and community efforts, The Asbestos Disease Awareness Organization ADAO has announced that it plans to hold an educational Senate Briefing, “Asbestos: The Impact on Public Health, the Environment, and the Economy” and meet with government officials in Washington, DC this week. A group of ADAO representatives including Dr. Arthur Frank, Dr. Barry Castleman, Brent Kynoch, Marilyn Amento, and Linda Reinstein will present the most up-to-date facts to members and staffers in the Senate so that they can make informed legislative and policy decisions. Their hope is to offer critical asbestos information and encourage bipartisan interagency collaboration to address a threat that affects all Americans. As always, ADAO will leverage social media to share its experiences. Follow ADAO in Twitter @Linda_ADAO as their intern, Spencer, tweets straight from the Senate Briefing!

Summary and Briefing Facts to Be Released Thursday, January 19, 2012 at 4:00pm

Insurance Group Changed With Fraudulently Syphoning Millions of Taxpayers Dollars

A New Hampshire insurance group has been charged by the State with improperly appropriating millions of dollars of taxpayers' funds to a workers' compensation insurance plan. The improper allocation is described in a petition filed by the State.

To read more click here:
Local Government Center denies it improperly used millions for workers' comp program
"The umbrella organization's activities have been under investigation for seeding a workers' compensation program through a surcharge that municipalities and their employees were paying through their involvement with the LGC's HealthTrust and Property-Liability programs.

"An investigation was conducted by the Secretary of State Bureau of Securities Regulation, which claimed the LGC misused the surcharge money and therefore owes the cities and towns which funded the seed money upward of $100 million.

Sunday, January 15, 2012

Martin Luther King, Jr. (January 15, 1929 – April 4, 1968)


See also:
Remembering Martin Luther King Jr. and the Civil Rights Movement (pbs.com)

Workers RIghts Protected Under Federal Law

NLRB finds that certain mandatory arbitration agreements violate federal labor law

The National Labor Relations Board has ruled that it is a violation of federal labor law to require employees to sign arbitration agreements that prevent them from joining together to pursue employment-related legal claims in any forum, whether in arbitration or in court.

The decision examined one such agreement used by nationwide homebuilder D.R. Horton, under which employees waived their right to a judicial forum and agreed to bring all claims to an arbitrator on an individual basis. The agreement prohibited the arbitrator from consolidating claims, fashioning a class or collective action, or awarding relief to a group or class of employees

The Board found that the agreement unlawfully barred employees from engaging in “concerted activity” protected by the National Labor Relations Act. The Board emphasized that the ruling does not require class arbitration as long as the agreement leaves open a judicial forum for group claims.

Chairman Mark Gaston Pearce and Member Craig Becker joined in finding the agreement unlawful. Member Brian Hayes was recused from the case. The decision was finalized on Jan. 3, but was issued publicly by the agency today.

The Board sought briefs on the issue from interested parties last summer. More than a dozen amicus briefs were filed, and can be read on this case page.

The decision requires Horton to rescind the agreement or revise it to make clear to employees that they are not waiving their right to pursue a class or collective action in all forums.

Read the Editorial of the NY Times: Rights in the Workplace

Friday, January 13, 2012

OSHA cites Newton, NJ, manufacturer for workplace safety and health violations- proposes nearly $49,000 in fines

The seal of the United States Department of LaborImage via Wikipedia

The U.S. Department of Labor's Occupational Safety and Health Administration has cited retaining ring manufacturer Schneider & Marquard Inc. for 21 workplace safety and health violations. OSHA initiated an inspection in response to a complaint alleging several workplace hazards at the company's Newton facility. Proposed fines total $48,840.

Three repeat safety violations with $23,760 in penalties involve obstructed exit routes, lack of proper machine guarding and deficient record keeping for power press inspections. A repeat violation exists 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 2009.

Twelve serious safety and health violations with $21,120 in penalties involve failing to implement a hearing conservation program that includes noise monitoring, audiometric testing and training; properly mount and identify portable fire extinguishers; provide powered industrial truck training; implement a hazard communication program that includes training; ensure proper use and listing of electrical equipment; ensure compressed air was reduced to 30 pounds per square inch; and ensure proper functioning and maintenance of mechanical power presses. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Six other-than-serious safety violations with $3,960 in penalties involve failing to record workplace injuries and illnesses on the OSHA 300 log. 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.

"These hazards should be immediately addressed to ensure a safe and healthful workplace for employees," said Kris Hoffman, director of OSHA's Parsippany Area Office. "OSHA will continue to hold employers responsible when they violate federal laws."

Schneider & Marquard Inc., which employs about 24 workers at its Newton site, 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.

Occupational Health: An International Effort Launched by WHO

The World Health Organization (WHO) has launched a global effort to promote the improvement of working conditions. WHO has developed a Global workplan in collaboration with the WHO Network of Collaborating Centres based on the objectives of the GPA for 2009-2012. The workplan organizes the activities of the Collaborating Centres into 14 priority areas.


Click here to read The Final Edition of the 2009-2012 Workplan (just released)

The main objectives of the WHO Global Plan of Action on Workers' Health (GPA) (2008-2017) are to:
  • Strengthen the governance and leadership function of national health systems to respond to the specific health needs of working populations
  • Establish basic levels of health protection at all workplaces to decrease inequalities in workers health between and within countries and strengthen the promotion of health at work.
  • Ensure access of all workers to preventive health services and link occupational health to primary health care.
  • Improve the knowledge base for action on protecting and promoting the health of workers and establish linkages between health and work.
  • Stimulate incorporation of actions on workers health into other policies, such as sustainable development, poverty reduction, trade liberalization, environmental protection and employment.

Cold War Compensation Act - EEOICPA: US DOL Notifies Workers of 17 Facilities of Eligibility

US Department of Labor notifies workers of 17 facilities associated with Uranium Mill Tailings Radiation Control Act about potential eligibility under EEOICPA

The U.S. Department of Labor is notifying former workers of 17 facilities associated with the Uranium Mill Tailings Radiation Control Act about compensation and medical benefits potentially available to them under the Energy Employees Occupational Illness Compensation Program Act, which is administered by the department's Division of Energy Employees Occupational Illness Compensation. Survivors of qualified workers also may be entitled to benefits.
Former employees may be eligible if they worked at any of the facilities during a period of covered U.S. Department of Energy-funded environmental remediation efforts. Additionally, three facilities already covered under the EEOICPA now have expanded periods of eligibility.
On Dec. 15, 2010, DEEOIC determined that the Uranium Mill at Shiprock, N.M., was a covered DOE facility for the purposes of the EEOICPA. Given that Uranium Mill at Shiprock was only one of the facilities associated with the Uranium Mill Tailings Radiation Control Act, DEEOIC conducted a review considering whether additional facilities met the statutory definition of a covered DOE facility under the EEOICPA. Based on that review, DEEOIC determined that the above-mentioned facilities meet the definition.
On July 31, 2001, the Labor Department began administering Part B of the EEOICPA. Part B covers current and former workers who have been diagnosed with cancer, beryllium disease or silicosis, and whose illness was caused by exposure to radiation, beryllium or silica while working directly for DOE, that department's contractors or subcontractors, a designated Atomic Weapons Employer or a beryllium vendor. Part E, created by an amendment to the EEOICPA on Oct. 28, 2004, provides federal compensation and medical benefits to DOE contractors and subcontractors who worked at covered facilities and sustained an illness as a result of exposure to toxic substances.
The EEOICPA also provides additional compensation for uranium workers who worked at facilities covered by the Radiation Exposure Compensation Act, which is administered by the U.S. Department of Justice. To assist individuals regardless of where they live, the department has 11 stationary resource centers located throughout the country. These resource centers provide an initial point-of-contact for individuals interested in filing a claim under EEOICPA, and staff provide both in-person and telephone-based assistance. For additional information about how to file a claim under EEOICPA, call toll-free at 866-888-3322 or visit the DEEOIC's website at http://www.dol.gov/owcp/energy/.
Editor's note: A list of the 17 facilities and the periods of covered DOE-funded environmental remediation efforts follows this release. Facilities with an expanded eligibility period are indicated by an asterisk.

Facilities associated with the Uranium Mill Tailings Radiation Control Act
  1. Uranium Mill in Monument Valley, Ariz., from May 1989 through February 1990 and September 1992 through May 1994
  2. Uranium Mill in Tuba City, Ariz., from January 1985 through February 1986 and January 1988 through April 1990
  3. Climax Uranium Mill in Grand Junction, Colo., from December 1988 through August 1994
  4. Uranium Mill in Gunnison, Colo., September 1991 through December 1995
  5. Uranium Mill in Maybell, Colo., from May 1995 through September 1998
  6. Uranium Mill in Naturita, Colo., May 1994 through November 1994 and June 1996 through September 1998
  7. New Uranium Mill in Rifle, Colo., September 1988 through September 1989 and April 1992 through October 1996
  8. Old Uranium Mill in Rifle, Colo., September 1988 through September 1989 and April 1992 through October 1996
  9. Uranium Mill No. 1 in Slick Rock (East), Colo., in 1995 and 1996
  10. Uranium Mill No. 2 in Slick Rock (West), Colo., in 1995 and 1996
  11. Uranium Mill in Lowman, Idaho, in 1992 and from 1994 to the present
  12. Uranium Mill in Ambrosia Lake, N.M., from July 1987 through April 1989 and October 1992 through July 1995
  13. Uranium Mill and Disposal Cell in Lakeview, Ore., from 1986 through 1989
  14. Uranium Mill in Falls City, Texas, from January 1992 through June 1994
  15. Uranium Mill in Mexican Hat, Utah, from July 1987 through October 1987 and September 1992 through February 1995
  16. Uranium Mill in Riverton, Wyo., from May 1988 through September 1990
  17. Uranium Mill in Converse County (Spook Site), Wyo., from April 1989 through September 1989
  18. *Uranium Mill in Durango, Colo., already covered for 1948 through 1953, now also is covered for October 1986 through May 1991
  19. *Vitro Manufacturing in Canonsburg, Pa., already covered as a beryllium vendor facility for 1948, and as an Atomic Weapons Employer facility for 1942 through 1959 (with residual radiation coverage for 1958 through 1985), now also is covered for 1983 through 1985 and for 1996
  20. *Uranium Mill in Monticello, Utah, already covered for 1948 through 1960, now also is covered for remediation performed by DOE and DOE contractors under the Comprehensive Environmental Response, Compensation and Liability Act for 1983 through 2000
*Additional years of qualifying employment have been added to these three facilities currently covered under the EEOICPA.