Copyright

(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Showing posts with label Employment. Show all posts
Showing posts with label Employment. Show all posts

Tuesday, August 30, 2011

What Hurricane Relief Volunteers Need to Know About Workers Compensation

Hurricane relief volunteers are entitled to workers compensation benefits for injuries and illnesses that occurred as a result of their participation in relief efforts. In order to claim those benefits injured volunteers need to make sure that they follow some simple steps.

1. Make sure that they establish an employment relationship for the agency or company conducting the relief work. In other words, the volunteer, even if earning no money, must be an employee of the the company conducting the rescue and/or relief effort. The best evidence would be a written agreement that the worker is to be considered an employee of the company. 

2. Report to the report if an accident or injury occurs arising out of and in the course of the employment. This report should be made as quickly as possible following the event or manifestation of illness. This should be followed up immediate with a written communication to the employer advising that an injury or illness occurred and that medical treatment, if necessary, is being sought.

3. Record the names and addresses witnesses to the even or exposure.

4. Seek medical care if required. If it is an emergency and you are unable to first notify your employer, seek medical attention first and then report the event. Most emergency rooms will record your event history and notify your employer, but that is not always the case. Therefore, advise your employer where and when you sought emergency medical care as soon as possible.

5. If you are advised by a medical profession to stay out of work, then obtain that information in writing. Make a copy of the lost time order and give the copy to your employer.

6. See the advice of an attorney at law familiar with workers' compensation matters since volunteer work in emergency situations produced a lot of complication issues. Those issue are inherited from the chaos and complications that occur in the wake of a major natural disaster such as a hurricane.

Volunteering for the hurricane relief effort is a noble gesture. Workers, in the emotional haste to assist, must also insure that they remain insured for workers' compensation benefits.

Saturday, August 6, 2011

An Employer Is Responsible To Compensate For Pain

A NJ Appellate Court, in a dramatic reversal of a compensation judge's dismissal of a case, held that "an employer is responsible to compensate" an injured worker for pain.  The reviewing court held that, "...the judge misapplied some standards bearing upon this case."

The trial judge's conduct, in baring the treating physician from testifying, was also cited as "a discretionary lapse." The trial judge's ruling was reversed and the case remanded for a hearing.

The case involved a long standing injury that required prolonged treatment for a chronic medical condition. The injury occurred in June of 1989 and was the subject of an Order Approving Settlement in January 2004 for 20% of partial total. That award was entered by another trial judge.

Even thought an Order had been entered by the prior trial judge for continued medical treatment and medication, the insurance company unilaterally terminated provision of those benefits without a court order. The claimant's attorney, George Goceljak, was required to file two motions for continued medical treatment and medication benefits. The trial court dismissed the case for lack of prosecution and then subsequently restored the matter for trial and then marked it "not moved" when a minimal one-cycle (3 week) adjournment was requested. Customarily, NJ workers' compensation cases are tried in piecemeal, every 3 to 6 weeks.

The trial judge then mandated that the trial should begin immediately on January 15, 2010, commenting that she was, "...not going to wait" any longer for the the claimant to proceed with his case. She denied a reconsideration of the application of the injured worker to allow the treating physician to testify, and then proceeded in a 5 month stagnated trial ultimately dismissing the case.

The NJ Appellate Division found, "the judge erred is using, out of its context, the simple thought that 'an employer is not required to compensate and employee for pain,' as a basis for denying this petitioner's application. The larger principle...is that, to the extent that a petitioner experiences continuing pain as a result of his work-connected injury, the employer for whom he worked at the time of the injury remains responsible.'"

Noto v. Staples, Inc.,  Docket No. A-0237-10T1, 2011 WL 3273921 (NJ App. Div. 2011) Decided August 2, 2010 

Monday, August 1, 2011

Workers Compensation Named to Top 50 Human Resources Blogs 2011



Evan Carmichael of The Entrepreneur Blog has named Workers Compensation Blog to the Top 50 Human Resources Blogs of 2011. Workers Compensation Blog is a resource for trends and developments in workers' compensation. It's popularity has grown exponentially over the last few years. The site contains hundreds of resource articles and links. It has received hundreds of thousands of hits and page views.

"Anyone who has ever run a business knows one thing – the most important resource you have at your disposal are the people around you. That is why getting your human resources strategy right is so crucial to business success. The following Top 50 Human Resources Blogs of 2011 can help you do just that.

"Written by the industry’s best, these blogs can help you with everything from hiring, to firing, to becoming a strong leader and managing your people in the best way possible. To reach the top, you need to have a solid team supporting you.

Monday, July 25, 2011

US Senate to Hold Hearing on Federal Comp System Reform

On Tuesday, U.S. Senator Daniel K. Akaka (D-HI) will hold a hearing titled Examining the Federal Workers' Compensation Program for Injured Employees to examine reform proposals for the Federal Employees Compensation Act (FECA).


The Federal Employees Compensation Act (FECA) provides workers' compensation coverage to federal civilian workers for any injury or illness incurred on the job. FECA has not been significantly updated in close to 40 years. A number of changes have been proposed, which are intended to modernize the program, improve return-to-work incentives, and reduce the overall cost to the Federal government. Discussion will focus largely on proposals to reduce FECA wage loss compensation benefits for disabled FECA recipients who reach retirement age.


EXAMINING THE FEDERAL WORKERS’ COMPENSATION PROGRAM FOR INJURED EMPLOYEES

Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia

Live video will not be available until approximately 15 minutes prior to the scheduled hearing start time.
Tuesday, July 26, 2011
02:00 PM - 05:00 PM
Dirksen Senate Office Building, room SD-342
The hearing will be webcast live at: hsgac.senate.gov 
Individuals with disabilities who require an auxiliary aid or service should contact Aaron Woolf, Subcommittee Chief Clerk, no later than 3 business days before the hearings. This will allow the office a reasonable amount of time before the event to make any necessary arrangements.

Witnesses

Panel 1

  • The Honorable Christine M. Griffin
    Deputy Director
    U.S. Office of Personnel Management
  • Mr. Gary Steinberg
    Acting Director, Office of Workers’ Compensation Programs
    U.S. Department of Labor
  • Mr. Andrew Sherrill
    Director, Education, Workforce, and Income Security
    U.S. Government Accountability Office

Panel 2


Tuesday, July 5, 2011

Employers Face Liability For Cell Phone Accidents

Accidents resulting from the use of cell phones at work shift liability to to the employer. Todd Clement, an expert trial lawyer from Dallas TX, in a recent interview, explains why employers are going to paying damages for distracted driving accidents involving their employees.

Multiple claims can be made following a work-related distracted driving accident caused by an employee's use of a cell phone. Those claims include an action by an employee, the who used the cell phone, against the employer for workers' compensation benefits. Since the system is a "no fault" program, the employer becomes liable for the payment of benefits to the employee inclusing: temporary, medical and permanent benefits.

Claims can also be made by the passenger (co-employee) against the employer under the workers' compensation act. Also, anyone else injured may also file a liability claim against the employer for their employee's distracted driving conduct.

In some jurisdictions claims may also exist an employer directly by an employee for the employer's failure to maintain a safe workplace. In many jurisdictions, if The US Occupational Safety and Health Administration (OSHA) cites an employer for maintaining an unsafe workplace, the employee may also be subject to OSHA files. Those violations may also be evidence used against the employer to establish proof that the employee did indeed maintain an unsafe workplace.

Thursday, June 23, 2011

Accidents Caused by Fatiguing Employment Require a Remedy

Employees sometimes are directed to work long and stressful hours and then if they become injured they are left without a remedy.  A Court recently held that even though an employee who was killed as a result of fatigue related accident while driving home after working  22 hours straight on "Black Friday" for Wal-Mart was without a remedy.


The Court reasoned that the law barred any recovery. The Workers' Compensation Act is not an available remedy the Court held since the injured occurred off the premises of the employer and not under the employers control. Also a civil action was barred by the deceased's estate against Wal-Mart since the Court reasoned that, "...The imposition of a duty upon an employer for injuries sustained by an employee, arguably arising out of the fatiguing conditions of employment, yet occurring outside of the course of employment would alter the necessary balance struck by the New Jersey legislature when defining the scope of compensable injuries." 

Despite the changing economic times, the laws should keep pace with the growing momentum of making the workplace safer. Regressive employment practices are not the solution for a healthier workplace. It is more important than ever that the Legislature revisit working conditions and strike a balance to provide a regulatory response to injuries and accident caused by such adverse situations.

See: Aylward v Wal-Mart Stores Inc., CA No. 10-4799, 2011 WL 2357762 (D.N.J.) Decided June 9, 2011

For over 3 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.

Related articles

Thursday, June 16, 2011

Blowing the Whistle on Unsafe Workplace Conditions Gets a Boost

The New Jersey Supreme Court gave a boost to whistleblowers who challenge employers. The Court in a 4 to 2 decision held that an employee who becomes the victim of employer retaliation for engaging in protected whistle-blowing activities, can file a wage-loss claim without proving constructive discharge.

An employee at DuPont Chambers Works for thirty years reported that phosgene gas, a highly toxic and reactive substance, was being handled in a dangerous fashion. The employee, who reported the unsafe workplace condition to the headquaters of DuPont buut became a target of employer harassment and suffered the residuals of psychological disability

Justice Albin, delivering the opinon of the Court stated: "If an employer engages in unlawful retaliation, then it is accountable for the damages proximately caused to the employee."

Donelson v. DuPont Chambers Works, A-112-09, Decided June 9, 2011 (NJ 2011)

Tuesday, June 14, 2011

Penalties, Paper and The Injured Worker

A penalty of $140,000.00 against an employer for reporting a work-related accident one day late seems a litte much. As David Depaolo points out in his recent post, the world of workers' compensation is drowning in complexity. The days of "simple" have past. The legislative intent of a remedial and summary system has gone by the boards.


Besides being a collection agency with no operating funds, the workers' compensation litigation arena is now being suffocated in litigation detail. In more ways than one, workers' compensation now has the complexity of sophisticated product liability litigation. We have transformed workers' compensation into "A Federal Case."


In this process, when the efficiency suffers so does the injured worker. The compensation system has matured into this level of complexity not because of the intent or design of the parties. It got there because the system just wasn't build to handle the load.


Like a burdened electric grid, the system will have to shed load. The question is how. Are benefits to be eliminated or does the system need to be redesigned to fullfil the needs of today's complex world? Legislatures are struggling across the country to find a solution. The bottom line is that we shouldn't throw out the baby with the bathwater. The solution must incorporate the needs on the injured worker. One must remember, as a tour through Ellis Island memorializes, that this country was build on the backs of immigrant labor. As the redesign goes forward, as it must, the injured worker must not become a helpless pawn in the system.

Thursday, May 26, 2011

Driving Home From A Conference Held to Be Compensable

The employee's travel which resulted in his fatal injuries while he was driving from home in a vehicle furnished by his employer to an overnight conference outside his normal work area at the employer's request, was held to be compensable for workers' compensation purposes. The travels originated in, and furthered, the business of his employer and, thus, occurred "in course of employment." Even though the accident occurred on the way to pick up a coworker who had the same job as the employee and was also required to attend the same conference, death benefits were payable.

"As previously noted, an employee's travel between home and work furthers the affairs of the employer (the second element of the course and scope definition) because it makes employment possible. Thus, the propriety of summary judgment hinges on the definition's first element—whether the travel originated in the employer's business. There is no bright-line rule for determining whether employee travel originated in the employer's business. Rather, each situation is necessarily dependent on the facts. As a general rule, an employee's travel originates in his employer's business if the travel was pursuant to the express or implied requirements of the employment contract. This reflects the underlying policy goal of allocating to the employer and insurance carrier the risks inherent in an employee's job while leaving to the employee risks that are “shared by society as a whole and do not arise as a result of the work of the employer.” When the employer requires the employee to travel as part of its business—i.e., pursuant to the contract of employment—the risk of traveling stems from that business and properly can be said to arise as a result of the employer's business." [Cites omitted]

Zurich American Ins. Co. v McVey, No. 03–09–00666–CV, 2011 WL 1238657 )Tex. App. - Austin, 2011) Decided March 30, 2011.

For over 3 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.

Related articles

Tuesday, May 24, 2011

IARC To Issue Report on Cell Phones

The World Health Organization (WHO) is expected to release a decision by June 1st as to whether the radiation emitted from cellphones causes cancer. Scientists at the WHO’s International Agency for Research on Cancer will take part in an eight-day meeting in Lyons, France starting May 24, 2011. 

The use of cell phones in the course of employment is a major concern as it results in distracted driving accidents. The new report will determine if employer mandated cell phone use can be causally connected to occupational cancer claims.


For over 3 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.

Monday, May 23, 2011

CMS Announces Review is Only a Recommended Process for Set-Aside Agreements

The Centers for Medicare and Medicaid Services (CMS) has just announced a clarification of its prior memos concerning the review of Workers Compensation proposed Set Aside Agreements and also indicates that submission is an elective process.

"Submission of a WCMSA proposal to CMS for review and approval is a recommended process. There are no statutory or regulatory provisions requiring that a WCMSA proposal be submitted to CMS for review. However, if an entity chooses to use the WCMSA review process, CMS requests that it comply with the established policies and procedures referenced on its Web site. Claimants, employers, carriers, and their representatives should be encouraged regularly to monitor this dedicated workers’ compensation Web site for changes in policies and procedures."

CMS indicated that, "A WCMSA should not be submitted to CMS when the resolution of the workers’ compensation claim results in the medical portion of the claim is being left open." In the memo, CMS reiterates the threshold levels and eligibility for review criteria.


Related articles

Latest Workers Compensation Data Reviewed by Professor John Burton

The Workers' Compensation Resources Research Report (Issue) has just been published. The report is edited by Professor Emeritus John F. Burton, Jr

This issue of the Workers’ Compensation Resources Research Report(WCRRR) examines the employers’ costs of workers’ compensation based on the latest data from the Bureau of Labor Statistics. Part I provides information on the national costs of workers’ compensation from 1986 to 2010. For employers in the private sector, costs dropped for the fifth year in a row and were 1.95 percentage of payroll in 2010. For all non-federal government employees, the employers’ costs of workers’ compensation were 1.87 percent of payroll, continuing a five-year trend of declining costs. Part II of the WCRRR provides data on the differences in the employers’ costs of workers’ compensation due to factors such as geographical location, industry, union status, and occupations of the firm’s employees. The variations of workers’ compensation costs among industries were significant, ranging from 5.75 percent of payroll in construction to 0.63 percent of payroll in the financial industry.

For more information and to order a copy click here.

Saturday, May 21, 2011

Illinois Workers Compensation - It is time for a "Do Not Resuscitate" Order

It is ironic that one of the leading states in workers' compensation, Illinois, is about to watch the system implode. It was a predictable event. Employers created and manipulated the system for their own interests for years by taking away more and more of the rights of injured workers. 

Industry has literally chopped the system to death through their reform efforts. Now they want to put fault into a system whose foundation was built upon none. Employers can no longer shield themselves from the medical expenses of the big-ticket items like the costs of medical expenses for the last year of life, especially in occupational disease situations. The Centers for Medicare and Medicaid Service (CMS) has caught them with their pants down by the legislatively invoked mandatory reporting statute under the Medicare Secondary Payer Act (MSP). The occupational disease claims that the insurance companies have played hide and seek with for years now are haunting them. 

The great Ponzi scheme, workers' compensation, that Industry created to handle occupational injuries in an assembly-line process, is now crashing. There is no economic base upon which to support workers' compensation programs into the future. Like Elvis, the Industrial sector has "left the building." Unemployment has continued in such high numbers, for so long, that union welfare funds are totally depleted as their members sit idle in union halls hungry for work and go bare for health insurance coverage. US corporations have moved both their operations and headquarters to greener pastures, overseas, leaving this country with a legacy of industrial waste, both environmental and human. 

The next step will be what is already in the works. Both liberals and conservatives have endorsed a national health plan. Prototypes are emerging on both the State and Federal levels. The question will be how to fund them. Such plans will cover medical care for injured workers without delay and costly administrative issues. Giving employees access to the civil justice system, and allowing recoveries against employers who fail to maintain safe industrial environments will ultimately solve the need for adequate compensation. A real economic incentive will then be established for employers to make the workplace safer instead of merely ignoring safety rules and regulations and looking for cover under a low cost workers' compensation insurance policy. 

The remaining crumbs of the workers' compensation systems that remain in the country are now being exploited by a cottage industry of economic vultures that are attempting to abuse and game the system for their own benefit. The third party vendors that hawk medical programs and pharmaceuticals for insurance carriers, and lien/claim resolution companies, are the only ones who are going to benefit from what remains. They are hacking up the system like the New England whalers of the Northeast who hunted down and decimated sperm whales, and sliced up their corpses to extract the oil for industrial lubricants and fuel, and then rendered the chopped up blubber for oil products. 

What is happening in Illinois to the workers' compensation system, is that the system is being slashed to death and rendered inoperable. It is a national issue. Those who realize that it is too late to save the system have invoked a "Do Not Resuscitate" (DNR) order. It is time to come to the realization that the workers' compensation program no longer has a quality of life to maintain the noble aspirations of its crafters. May it rest in peace.

Related articles

Tuesday, May 17, 2011

Workers Compensation Act Does Not Bar A Negligence Action Against A General Partnership

In a recent court decision, an injured worker was permitted, in addition to her workers' compensation claim, to file an action against the general partnership for negligent conduct. The Court found that even though the workers' compensation is no-fault, the employee has a right to proceed and recover damages directly against the general partnership.

The injured employee was employed by Time Warner Entertainment Co., L.P. and slipped on black ice in the parking lot. The employee filed and claimed benefits from the employer in workers' compensation. Additionally, the employee filed a civil action against, among others, the Time Warner EntertainmentAdvance/Newhouse Partnership.

The court held that the employee could pursue an action in negligence against a general partnership after receiving workers' compensation benefits from her employer.

Whitfield v. Bononno Real Estate Group, et al., 2011 WL 1798874 (N.J.Super. A.D.) Decided May 12, 2011.

For over 3 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.


Related articles

Friday, May 13, 2011

Court Orders Workers Compensation Insurance Carrier to Comply With OSHA Subpoena

The workers’ compensation insurance company, who provided coverage to an employer where a double fatality occurred when a grain elevator exploded, has been order by a US Federal Court Judge, to comply with a subpoena issued by The Occupational Safety and Health Administration [OSHA] directed to obtain information about the safety of the facility. The opinion entered by Judge Philip G. Reinhard, adopts the report and recommendation of the magistrate judge, requires that custodian of records of the workers’ compensation insurance company testify and present documents concerning inspections and reports it prepared as to the employer, Haasbach LLC.


The Court reasoned that OSHA had the authority under Federal law to conduct inspections and investigation including requesting attendance and testimony of witnesses. 29 U.S.C. 657(b). The Court also held that OSHA’s request for loss control reports for 4 years prior to the accident were reasonably related to the investigation. The workers’ compensation insurance company will also be required to produce: site safety inspections, applications for insurance coverage for the site, and correspondence between the insurance carrier, Grinnell Mutual Reinsurance Co., and the the employer, Hassbach, concerning the site.

OSHA had issued 25 citations ($555,000 penalty) to the Illinois grain elevator operator, Haasbach LLC, following an investigation into the deaths of two young workers, Wyatt Whitebread and Alex Pacas (ages 14 and 19 years old, respectively), at the company’s grain elevator in Mount Carroll, Illinois. A third worker was injured at the time of the accident, when they were “walking down the corn” to make it flow while while machinery used for evacuating the grain was running.

Grain entrapments kill workers. All employers, especially those in high-hazard industries, must prevent workers from being hurt or killed as a result of recognized hazards,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “There is absolutely no excuse for any worker to be killed in this type of incident.”

OSHA Assistant Secretary Dr. David Michaels praised the decision. “The court affirmed OSHA’s authority to obtain relevant information from an employer’s workers’ compensation insurance company. This is not surprising legally, but it does illustrate that workers’ compensation and OSHA are not separate worlds divorced from each other,” he said. “Workers’ compensation loss control activities overlap with OSHA’s efforts to bring about safe and healthful workplaces, and in order to achieve a safe and healthful working environment for all Americans, all efforts of business, insurance, labor and government must move forward together.”

Judge Reinhard held that disclosure of the information into the public domain was permissible unless a federally recognized attorney-client privilege existed due to a pending state court action. If such a privilege was to be asserted as to certain materials that would be required to be produced, then the parties may submit a privilege log to the magistrate judge for consideration.

Solis v. Grinnell Mut. Reinsurance Co., 2011 WL 1642534 (N.D. Ill) Decided May 2, 2011
Related articles

· OSHA Anniversary April 21, 2011 10:00am C-Span Event (workers-compensation.blogspot.com)

· OSHA To Fine Employers for Distracted Driving Accidents (workers-compensation.blogspot.com)

· Video of The History of US OSHA (workers-compensation.blogspot.com)

· OSHA at 40 (workers-compensation.blogspot.com)

· US OSHA Warns Workers of Brazilian Blowout Formaldehyde Hazards (workers-compensation.blogspot.com)

Friday, May 6, 2011

Ignoring The Doctor Orders is OK in Workers' Compensation

An employee who decided to ignore his doctor's orders and continue to do welding work was permitted to receive workers' compensation benefits. The Court held that the employee's action in disregarding his physician did not constitute a wilful self-exposure.


The Court reasoned..."Here, Worker possessed knowledge of his special sensitivity to fumes and received generalized warnings regarding the dangers of continued employment as a welder. There is no evidence he was ever definitively advised to end his career as a welder prior to October 2002, and it is similarly clear that he had sometimes worked as a welder without the occurrence of a fume exposure or a flare-up of his lung condition. Worker's choice in continuing to weld therefore does not present the type of situation in which he wilfully faced almost certain injury. His actions, though they may fall below a standard of ordinary care, are at most negligent."


Pearson v. Johnson Controls, Northern N.M., LLC __P3d___ (N.M. App. Div. 2011 ) 2001 WL 1660631



For over 3 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.

Related articles

Monday, April 18, 2011

OSHA To Fine Employers for Distracted Driving Accidents

OSHA has announced an aggressive program to combat "The Number 1 Killer of Workers," Distracted Driving. The announcement was made today by Dr. David Michaels, Assistant Secretary of Labor of the Occupational Safety and Health (OSHA).


The enforcement program was described by Michaels  at a symposium on the prevention of Occupationally-Related Distracted Driving conference hosted by Johns Hopkins University. Following the policy announced by President Obama in his Executive Order banning texting while driving, OSHA is calling upon all employers to ban texting while driving.


It is the intention of OSHA to provide education and enforcement on the issue of distracted driving. OSHA will investigate motor vehicle accidents, including cell phone records, and will issue citations and fine employers where an accident involved texting while driving. While OSHA has juridiction over employers, and not employees,  it hopes to encourage all employers to declare motor vehicles a "text free zone."

Saturday, January 22, 2011

Out of State Medical Treatment Allowed By Workers Compensation Court

An employer is required to provide medical care, including surgery and followup care, to an employee even if the employee leaves the state within two days of an initial surgical intervention. Chubb Insurance was ordered to pay for medical care, including subsequent surgery, when an employee was required to leave the state for a family emergency.


The court held that the failure of the employer/insurance carrier to provide medical care for out-of-state treatment, even though requested by the employee, was deemed a refusal of the employer to provide adequate medical care to cure and relieve the worker of the work related injury. The employer/insurance company was ordered to pay for out-of-state medical care.


Ham v. Anchor Glass Container Corporation, Docket No. A-1797-09T3, Decided January 20, 2011 Not Reported in A.3d, 2011 WL 166206 (N.J.Super.A.D.)

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.