First Capital Insulation faces $490K in fines for willfully allowing unsafe asbestos removal

Workers safely remove asbestos.
Source: OSHA.gov

YORK, Pa. – Nearly invisible to the eye, asbestos* fibers can literally take someone's breath away. Fibers in the air can be inhaled unknowingly and trapped in the lungs. Regular exposure to asbestos can cause serious respiratory illness and several forms of cancer.

Three workers removing thermal pipe insulation at an unoccupied residence on North Second Street in Harrisburg were exposed to these serious risks because their employer failed to protect them properly.

U.S. Department of Labor Occupational Safety and Health Administration inspectors found that First Capital Insulation Inc. of York regularly exposed employees to asbestos hazards.

"Asbestos exposure can cause chronic lung disease and cancer. With the right safeguards, employees can be protected from these deadly hazards," said Kevin Kilp, director of OSHA's area office in Harrisburg. "We found employees removing insulation containing asbestos without first wetting the material, which reduces the danger of exposure. A little water could have made all the difference and the company knew this."

First Capital Insulation faces a $490,000 penalty for seven willful violations, including allowing workers to remove asbestos improperly; failing to make sure their employees' respirators fit correctly; and not decontaminating employees and their clothing before leaving the work site.

The clothing of workers who handle asbestos creates a significant risk for secondary exposure. Its microscopic particles can easily attach to hair, skin and clothes. If the worker and his clothing are not properly cleaned before leaving the work site, others with whom the worker has contact risk secondary exposure. A worker who fails to change out of asbestos-contaminated clothing before returning home can leave fibers embedded in couches, chairs, carpets, beds and other furniture.

OSHA requires employers to treat thermal system insulation and surfacing material found in buildings constructed before and in 1980 as asbestos, unless they can prove that the material is free of asbestos. In this inspection, the building was built in 1928, and the company made no attempt to test the removed materials.

To read the citations, visit http://www.osha.gov/ooc/citations/FirstCapitalInsulationInc_1002754_0420_15.pdf*.

First Capital Insulation is an environmental services company. It provides asbestos, lead abatement and insulation installation services. The company has 15 business days from receipt of its citations and proposed penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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CMS Posts Sample Notice To Beneficiaries Regarding Appeal Rights

CMS has posted the following notice regarding MSP Appeal Rights under the SMART Act. Under the process the the Social Security Beneficiary is only a party of notice and the the direct parties become the Insurance Carrier or Workers' Compensation Entity who initiates the appeal. The process has yet to unfold when an injured workers moves for standing to appear and participate in the process.

On February 27, 2015, the Centers for Medicare & Medicaid Services (CMS) issued a final rule implementing certain provisions of the Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART ACT). This final rule establishes a formal appeals process for applicable plans (liability insurance (including self-insurance), no-fault insurance, and workers’ compensation laws or plans) in situations where the Secretary seeks Medicare Secondary Payer (MSP) recovery directly from an applicable plan. The rule is effective April 28, 2015, and applies to demand letters issued on or after April 28, 2015.

Beneficiaries will be notified in writing if an item or service they received is the subject of an appeal by the insurer or workers’ compensation entity.

A new document titled Appeals Process for Insurers and Workers’ Compensation Entities and Required Notice to Medicare Beneficiaries has been loaded to the downloads section of the What’s New page on the Beneficiary Services section of CMS.gov. The following link can be used to access the main page http://go.cms.gov/beneficiary. Once on the main page click the “What’s New” link in the left side menu and scroll to the bottom of the page. 

Click here to see the sample notification to beneficiary form

Health Care Workers' Hazard: Cloth Based Masked Face Masks

Infection in the workplace is now becoming a major concern as new epidemics of disease spread worldwide facilitated by the ever increasing global transportation network. The recent and urgent concerns over Flu, Ebola, Measles and Polio highlight the need to protect health workers.

A recent study published the British Medical Journal focuses on the inadequacy of current medical practices. The study of Clinical respiratory illness (CRI), influenza-like illness (ILI) and laboratory-confirmed the spread of respiratory virus infection and highlights the the problems with cloth face masks.

"We have provided the first clinical efficacy data of cloth masks, which suggest HCWs should not use cloth masks as protection against respiratory infection. Cloth masks resulted in significantly higher rates of infection than medical masks, and also performed worse than the control arm. The controls were HCWs who observed standard practice, which involved mask use in the majority, albeit with lower compliance than in the intervention arms. The control HCWs also used medical masks more often than cloth masks. When we analysed all mask-wearers including controls, the higher risk of cloth masks was seen for laboratory-confirmed respiratory viral infection."

Click here to read the entire report.
"A cluster randomised trial of cloth masks compared with medical masks in healthcare workers"
BMJ Open 2015;5:e006577 doi:10.1136/bmjopen-2014-006577

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US FDA: Designation for CRS-207 in Mesothelioma Treatment

Today's post is shared from finance.yahoo.com/news

Aduro Biotech, Inc. today announced that the Office of Orphan Product Development of the U.S. Food and Drug Administration (FDA) has granted orphan drug designation to CRS-207, a novel immuno-oncology product candidate, for the treatment of mesothelioma. This designation potentially allows Aduro seven years of limited marketing exclusivity in the United States if it is the first to obtain FDA marketing approval for mesothelioma, and qualifies the company for grant funding to offset the cost of clinical testing as well as tax credits for certain research and a waiver of the Biologics License Application user fee. The FDA previously granted orphan designation to CRS-207 and GVAX Pancreas for the treatment of pancreatic cancer.

“This is an important step for Aduro as we continue to develop CRS-207 for this very difficult to treat cancer,” said Dirk Brockstedt, Ph.D., senior vice president of research and development at Aduro. “We believe the combination of CRS-207 together with chemotherapy may offer the promise of a potential new therapeutic regimen for patients suffering from mesothelioma. Importantly, we plan to report additional data from the ongoing Phase 1b study later this year.”

Click here to read the entire article

….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Equitable Relief Permits Reinstatement of Dismissed Workers’ Compensation Case

The principles of equitable relief were invoked by a NJ Appellate Court to restore a dismissed workers’ compensation case to the active calendar. 

The Appellate Court, reviewing the facts, considered that the original dismissal, was based on “omissions and misrepresentations” of his prior attorney and the "Petitioner's dilemma was not caused by his own dereliction or ambivalence."

The Appellate Court stated:

Although N.J.S.A. 34:15–54  does not expressly create an exception to the oneyear

requirement for filing a motion for reinstatement, our courts have recognized

that compensation judges possess the inherent power to excuse the one-year time

bar upon the grounds set forth in Rule  4:50–1. Beese v. First Nat'l Stores, 52

N.J. 196, 200 (1968) ; see also Estelle v. Bd. of Educ. of Red Bank,  14 N.J.  156,

261 (1954); Stone v. Dugan Bros. of N.J., 1 N.J.Super. 13, 16–17 (App.Div.1948) .

Relevant here is consideration of Rule  4:50–1(f), which provides that a court may

vacate a judgment for “any other reason justifying relief from the operation of

the judgment or order.”

When considering relief under that basis, “[n]o categorization can be made of

the situations which would warrant redress under subsection  (f) .... the very essence

of (f) is its capacity for relief in exceptional situations. And in such

exceptional cases its boundaries are as expansive as the need to achieve equity

and justice.” Court Inv. Co. v. Perillo, 48 N.J. 334, 341 (1966)  (citation omitted).

Kost v GPU Energy, Docket No. A-0858-13T3 (NJ App Div 2015)

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Single Payer: State v Federal

Does the demise of the Vermont Single Payer system signal that change is on the horizon on a national level for a more sweeping program? The medical costs of state workers' compensation programs have become so profitable for cottage industries that are directly and ancillary connected to the delivery of work related medical care that the system is our of balance. One has to look seriously at the comments by John E. McDonough in the NEJM.

"At some point, perhaps 5 to 15 years from now, as the size and scope of Medicare, Medicaid, and the ACA subsidy structure balloon far beyond today's larger-than-life levels, our political leaders may discover the inanity of running multiple complex systems to insure different classes of Americans. If advanced by the right leaders at the right time, the logic of consolidation may become glaringly evident and launch us on a new path. If such consolidation is to occur, like it or not, I believe it will happen federally and not in the states — and no time soon."

The Demise of Vermont's Single-Payer Plan
John E. McDonough, Dr.P.H., M.P.A.
N Engl J Med 2015; 372:1584-1585 April 23, 2015 DOI: 10.1056/NEJMp1501050

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CMS will be presenting a webinar on “Applicable Plan” Appeals

“Applicable Plan” Appeals Webinar – April 28, 2015 

CMS will be presenting a webinar on “Applicable Plan” Appeals.

The term “applicable plan” means liability insurance (including self-insurance), no-fault insurance and workers’ compensation laws or plans. Effective for recovery demand letters issued directly to applicable plans as the identified debtor on or after April 28, 2015, applicable plans have formal appeal rights.

The presentation will include:
-an introduction to the appeals process (as the process is new to applicable plans), information on the appeals process specific to applicable plans, and
-tips/suggestions to applicable plans regarding the recovery process, including appeals.

Date: April 28, 2015 Start time: 1:00 PM Eastern time.

URL: https://webinar.cms.hhs.gov/r2g9kffqc46/ 

Please begin logging in approximately 15 minutes before the start time, due to the large number of participants

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