US Surgeon General Alerts Americans to the Hazards of Asbestos Disease

The US Surgeon General issued an alert to Americans as to the hazards of asbestos disease, Dr. Regina Benjamin, on the occasion of National Asbestos Awareness Week 2013, has issued a statement alerting Americans to hazards of asbestos exposure.

The occupational exposure to asbestos remains a major health hazard to workers who are involved in the restoration, rehabilitation and repair of older buildings. Asbestos exposure causes latent medical conditions such as: asbestosis, lung cancer and mesothelioma, a fatal malignancy. Asbestos is still not banned in the US.

During National Asbestos Awareness Week, April 1-7, I urge Americans to learn about the dangers of asbestos exposure.

Asbestos is a mineral fiber that occurs naturally in our environment; in rock and in soil.  Because of its fiber strength and heat resistance, asbestos has traditionally been used in a variety of building construction materials, as insulation and as a fire retardant.

Activity that disturbs asbestos causes small asbestos fibers to float in the air.  Inhaling these fibers leads to asbestos-related diseases.  Three of the major health effects associated with asbestos exposure are lung cancer; mesothelioma, a rare form of cancer that is found in the thin lining of the lungs, chest, abdomen and heart;  and asbestosis, a serious progressive, long-term, non-cancer disease of the lungs.

Anyone who disturbs asbestos is at risk.  However, it is of special concern for construction, insulation, and demolition workers, pipefitters, boilermakers and others who might disturb asbestos found in old buildings or equipment as part of their work.  The hazard is also very real to home handymen, first-responders, and community volunteers. 

An Emerging Health Consequence of Fracking: Silica Exposure

Sand produced while fracking is becoming a major health issue for energy workers throughout the country. The intransigency of the Obama Administration to promulgate regulations is further complication the situation and jeopardizing the workers' health.

Silicosis is one of the oldest recognized compensable workers' compensation occupational diseases. In fact, it pre-dated the and was the genesis for the expansion of many occupational statutes to reduce employers' liability under the civil justice system. The Industry effort was an attempt to reduce costly liability verdicts for exposing workers to the hazards of silica.

"Peg Seminario, director of safety and health with the AFL-CIO, a group of unions that has been pushing for stronger silica regulation, says the situation with fracking is a wake-up call.

"'Hopefully it will give some impetus for the need for the silica regulation — that there is a whole other population at risk and those numbers are potentially growing,' says Seminario."

OSHA Needs To Be Strengthened

If workplaces were safer then there would be no reason to have a workers' compensation program at all. OSHA, The Occupational Safety and Head Health Administration (OSHA), does just that, but its enforcement powers are lacking.

OSHA was created legislatively by Congress in 1970. In the years following  The National

Commission on Workmen's Compensation Laws in 1972 reported that safety should be encouraged, and that, "....Economic incentives in the program should reduce the number of work-related· injuries

and diseases." 

Today, The New York Times reports that "Occupational illness and injuries ....cost the American economy $250 Billion per year due to medical expenses and lost productivity."

English: A picture of David Michaels, Assistant Secretary of Labor. (Photo credit: Wikipedia)

"OSHA devotes most of its budget and attention to responding to here-and-now dangers rather than preventing the silent, slow killers that, in the end, take far more lives. Over the past four decades, the agency has written new standards with exposure limits for 16 of the most deadly workplace hazards, including lead, asbestos and arsenic. But for the tens of thousands of other dangerous substances American workers handle each day, employers are largely left to decide what exposure level is safe.

***

“"I’m the first to admit this [OSHA] is broken,' said David Michaels, the OSHA director, referring to the agency’s record on dealing with workplace health threats. 'Meanwhile, tens of thousands of people end up on the gurney.'"

Click here to read the complete article,  As OSHA Emphasizes Safety, Long-Term Health Risks Fester

Employer Fined $185,000 for Exposing Employees to Toxic Substances and Other Safety Isues

Even products that are fit for human consumption are made with chemicals, that are used in the manufacturing process with greater concentration, are health hazards. A company in NJ failed to protect its workers from those concentrations and as a result are facing serious charges by OSHA. The precaution to a workers' compensation claim is maintaining a safe work environment so that accidents, injuries and toxic exposures to not occur.

The U.S. Department of Labor's Occupational Safety and Health Administration has cited eSmoke LLC, an electronic 
cigarette manufacturer based in Lakewood, with 20 workplace safety and health violations. OSHA's inspection was prompted by a complaint alleging serious safety and health hazards throughout the facility, resulting in $184,500 in proposed penalties.

The National Association of Workers' Compensation Judiciary College

Founded approximately 5 years ago, The National Association of Workers' Compensation Judiciary (NAWCJ) (www.nawcj.org), is an outstanding organization that every adjudicator of compensation claims should join. NAWCJ provides support and guidance in both procedural and substantive issues that members of the compensation judiciary faced with on a daily basis.

In a recent blog post, David Langham, the Deputy Chief Judge of Compensation Claims for

the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings, commented,"...the job of a workers' compensation adjudicator is unique and challenging. " Judge Langham, an avid blogger, reflects that NAWCJ fills the void in educating adjudicators with stellar resources, including: ongoing seminars, newsletters, conferences and an annual educational seminar.

I have had the opportunity of meeting some of the members of NAWCJ at The College of Workers' Compensation Lawyers and the annual American Bar Association Workers' Compensation programs. Their passion for workers' compensation is glowing, their knowledge of the subject matter is very impressive, and their dedication to advance and elevate the compensation bench and bar to a high level of achievement is amazing.

Click here to read the NAWCJ Newsletter (March 2013)

Disclaimer:  My comments are based upon an independent academic interest in workers' compensation matters. I have no pecuniary interest in the NAWCJ, and I do not appear before any adjudicator affiliated with the NAWCJ.

CMS Publishes Brand New Reference Guide for Medicare Set-Aside Arrangements

A new Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide has been posted and is available to be downloaded on the CMS (Centers for Medicare & Medicad Services) website.This reference guide was created to consolidate  information currently found within the Workers’ Compensation Agency Services webpages and CMS Regional Office Program Memorandums, while providing WCMSA information to attorneys, Medicare beneficiaries, claimants, insurance carriers, representative payees, and

WCMSA vendors.   

CMS cautions that parties should continue to visit their website for future updates to the reference guide, including additional details regarding the Workers’ Compensation Review Contractor’s review process.

Click here to read/download the new guide.

Read more about WCMSA and workers' Compensation:

Workers' Compensation: CMS Announces New WCMSA Re ...

Feb 21, 2013

Effective immediately, if a WCMSA proposal amount was originally submitted via the web-portal, a re-evaluation of an approved WCMSA amount can be requested through the WCMSA web portal, if the claimant or submitter ...

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Toxic Lead Exposure Results in OSHA Fines for NJ Company

Exposure to lead can cause serious medical problem in both children and adults. Strict safety precautions must be observed when working with lead.

Many initial occupational exposure claims in workers' compensation resulted from the

exposure to lead in factories. Lead pigment was used in paints for many years leading to a many serious blood disorders and neurological conditions.

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Henry RAC Holding Corp. with four repeat and four serious safety and health violations, including workers exposed to lead hazards, at the company's Bayonne facility. The inspection was initiated in September 2012 after health hazards were discovered during an earlier OSHA safety inspection at the facility. Proposed penalties total $72,000.