The U.S. Department of Labor has entered into a settlement agreement with a New Jersey building contractor who allowed their subcontractors' employees to work in close proximity to high-voltage power lines at a Paterson work site in 2021 and 2022.
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(c) 2010-2025 Jon L Gelman, All Rights Reserved.
Showing posts with label NJ. Show all posts
Showing posts with label NJ. Show all posts
Monday, October 16, 2023
Thursday, January 6, 2022
Aluminum Shapes LLC fined $1 Million by OSHA for violations
Friday, May 21, 2021
NJ Announces Intention to End COVID-19 Public Health Emergency
As New Jersey continues to make progress in the fight against COVID-19 and with state metrics continuing to trend in the right direction, Governor Phil Murphy and his Administration have begun working with Senate President Sweeney and Assembly Speaker Coughlin on legislation that will end the COVID-19 Public Health Emergency in place since March 2020, while also ensuring that the Administration retains necessary tools to manage the ongoing threat to public health, as well as recovery and vaccination efforts.
Wednesday, March 17, 2021
COVID-19 Public Health Emergency in New Jersey Extended 30 more Days
Governor Phil Murphy today signed Executive Order No. 231. The Order extends the Public Health Emergency that was declared on March 9, 2020 through Executive Order No. 103, which was previously extended in 2020 on April 7, May 6, June 4, July 2, August 1, August 27, September 25, October 24, November 22, and December 21, and again in 2021 on January 19 and February 17. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed.
Sunday, February 7, 2021
Investigative Report Raises Issues
The tension between public pension systems and workers' compensation programs was highlighted in a recent investigative report by the NJ State Comptroller. The report raises additional critical issues common to other state and national collateral social insurance programs challenged by current fiscal limitations.
Sunday, April 5, 2020
NJ Law Expands Employee Benefits During the COVID Pandemic
NJ Governor Pat Murphy has signed into law new
Legislation that expands employee benefits during the
COVID-19 pandemic.
Legislation that expands employee benefits during the
COVID-19 pandemic.
Friday, August 30, 2019
Flashback: Opening of the Workers' Compensation Office in Paterson NJ - Labor Day Sept. 1953
Celebrating Labor Day in 1953. In September 1953, the NJ Division of Workers' Compensation [DWC] opened new offices at 35 Church Street in Paterson, NJ, the county seat of Passaic County. Some of the dignitaries present for the ceremony were: Daniel Spair, Director of the DWC; MA Kaltz, Deputy Director; Samuel S Ferster, Deputy Director; JL Brown, Deputy Director; and Jack Lerner, counsel for the AFL-CIO.
Wednesday, October 31, 2018
Wednesday, August 15, 2018
NJ Labor Department, USDOL Ink Agreement to Work Together to Protect Businesses and End Exploitation of Workers through Misclassification
The New Jersey Department of Labor and Workforce Development and the U.S Department of Labor pledged a historic new level of cooperation to protect New Jersey’s economy by signing an agreement on August 10, 2018 to work together to end illegal employee misclassification.
Monday, April 30, 2018
NJ Mandates Reporting of Medicare Conditional Payments
The NJ Division of Workers’ Compensation has now mandated the reporting of pending workers’ compensation claims possibly eligible for reimbursement of conditional medical payments to the US Centers for Medicare and Medicare Services (CMS) as a condition precedent to the settlement of a pending claim for benefits. The directive was outlined in a memorandum issued by Russell Wojtenko, Jr., Director and Chief Judge of Compensation on April 18, 2018.
Friday, February 9, 2018
Congressman Pallone Asks FDA to Investigate Cosmetic Products Containing Asbestos
Standing outside a Claire’s Store in Sea Girt, Congressman Frank Pallone, Jr. (NJ-06) called on the Food and Drug Administration (FDA) to investigate Claire’s Stores, Inc., and Justice Retail following reports that tremolite asbestos, a known human carcinogen, was found in cosmetic products marketed to girls and young women.
Thursday, January 25, 2018
NJ Governor Murphy Signs Executive Order Mandating Review of Medical Marijuana Policy
NJ Governor Phil Murphy today signed an Executive Order directing the New Jersey Department of Health and the Board of Medical Examiners to review the state’s existing medical marijuana program. The goal of the review is to eliminate barriers to access for patients who suffer from illnesses that could be treated with medical marijuana.
Saturday, December 17, 2016
NJ Governor Nominates Judges of Compensation and Promotes Bill to Increase Salaries
NJ Governor Chris Christie filed the following nominations with the State Senate. The Governor’s nominations are subject to the advice and consent of the State Senate. The Governor also filed the following direct appointments with the Secretary of State's Office.
Saturday, July 9, 2016
NJ: New Administrative Supervisory Judge Appointment and Assignments
Hon. Russell Wojtenko, Jr. Director and Chief Judge of Compensation has issued the following Memo on July 7, 2016:
"I am happy to announce, with the approval and consent of Harold Wirths, Commissioner of Labor and Workforce Development, effective July 9, 2016, the Hon. Ashley Hutchinson has been appointed our fifth Administrative Supervisory Judge for the N.J. Division of Workers' Compensation.
"Judge Hutchinson will supervise the New Brunswick, Elizabeth and Jersey City vicinages.
Administrative Supervisory Judge Ernille Cox will now supervise the Camden, Bridgeton and Atlantic City vicinages.
"Administrative Supervisory Judge Ingrid French will supervise the Trenton, Lebanon, and Mt. Arlington. Administrative Supervisory Judge Philip Tometta will supervise the Newark, Hackensack, and Paterson vicinages. Administrative Supervisory Judge Bradley Henson, Sr., will supervise the Toms River, Freehold, and Mt. Holly vicinages.
"I am happy to announce, with the approval and consent of Harold Wirths, Commissioner of Labor and Workforce Development, effective July 9, 2016, the Hon. Ashley Hutchinson has been appointed our fifth Administrative Supervisory Judge for the N.J. Division of Workers' Compensation.
"Judge Hutchinson will supervise the New Brunswick, Elizabeth and Jersey City vicinages.
Administrative Supervisory Judge Ernille Cox will now supervise the Camden, Bridgeton and Atlantic City vicinages.
"Administrative Supervisory Judge Ingrid French will supervise the Trenton, Lebanon, and Mt. Arlington. Administrative Supervisory Judge Philip Tometta will supervise the Newark, Hackensack, and Paterson vicinages. Administrative Supervisory Judge Bradley Henson, Sr., will supervise the Toms River, Freehold, and Mt. Holly vicinages.
Friday, July 3, 2015
NJ Senate Passes Workers' Compensation Collective Bargaining Legislation
The NJ Senate passed an historic legislative proposal that will change the way benefits are delivered in work related injuries in NJ. S2447 provides for a collective bargaining arrangement that allows for delivery of benefits without the necessity of formal intervention before the NJ Division of Workers' Compensation, that will however remain an option in the process.
Tuesday, September 2, 2014
OSHA Fines Concrete Systems Inc $52K for Exposing Workers to Hazardous Falls
Concrete and masonry company Concrete Systems Inc. has been cited for one repeat and seven serious safety hazards following a February investigation conducted by the U.S. Department of Labor's Occupational Safety and Health Administration. OSHA investigators opened the inspection after observing workers constructing formwork without fall protection at the construction site of three midrise buildings at 300 Glenwood Ave. in Bloomfield, New Jersey. The investigation was also initiated as part of the agency's local emphasis program* on fall hazards in construction. The proposed penalties for these violations total $52,470.
"Concrete Systems Inc. was previously cited twice for exposing workers to fall and other safety and health hazards at work sites in Kearny and Cranford, New Jersey," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Falls are the leading cause of death in the construction industry. It is imperative that this company immediately implement an effective fall protection program to ensure the safety of its employees."
The repeat hazard, with a $13,860 penalty, was cited because employees were exposed to a 25-foot fall hazard without the proper protection. The company was previously cited for the same violation in 2012. 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 serious violations, carrying a $38,610 penalty, were cited almost entirely for violations of fall safety standards. Employees were exposed to fall hazards of up to 25 feet while accessing scaffold platforms without using a ladder. Employees were exposed to fall hazards in excess of 16 feet or 25 feet without the proper fall protection while working from scaffolding. In addition, the company failed to ensure employees were properly tied off on boom lifts and to adequate anchorage points. Concrete Systems also failed to properly train workers on the use of fall protection equipment.
Employees were also exposed to impalement hazards due to rebar ends that were not properly guarded. A serious citation is issued 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.
OSHA has created a Stop Falls Web page with detailed information in English and Spanish on fall protection standards. The page offers fact sheets, posters and videos that vividly illustrate various fall hazards and appropriate preventive measures.
Concrete Systems, based in Stirling, 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 & Health Review Commission.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.
"Concrete Systems Inc. was previously cited twice for exposing workers to fall and other safety and health hazards at work sites in Kearny and Cranford, New Jersey," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Falls are the leading cause of death in the construction industry. It is imperative that this company immediately implement an effective fall protection program to ensure the safety of its employees."
The repeat hazard, with a $13,860 penalty, was cited because employees were exposed to a 25-foot fall hazard without the proper protection. The company was previously cited for the same violation in 2012. 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 serious violations, carrying a $38,610 penalty, were cited almost entirely for violations of fall safety standards. Employees were exposed to fall hazards of up to 25 feet while accessing scaffold platforms without using a ladder. Employees were exposed to fall hazards in excess of 16 feet or 25 feet without the proper fall protection while working from scaffolding. In addition, the company failed to ensure employees were properly tied off on boom lifts and to adequate anchorage points. Concrete Systems also failed to properly train workers on the use of fall protection equipment.
Employees were also exposed to impalement hazards due to rebar ends that were not properly guarded. A serious citation is issued 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.
OSHA has created a Stop Falls Web page with detailed information in English and Spanish on fall protection standards. The page offers fact sheets, posters and videos that vividly illustrate various fall hazards and appropriate preventive measures.
Concrete Systems, based in Stirling, 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 & Health Review Commission.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.
….
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.
Tuesday, February 18, 2014
Just Published: 2014 Update - Gelman on Workers' Compensation Law
Jon Gelman’s newly revised and updated treatise on Workers’ Compensation Law has just been published by West Group of Egan, MN. The treatise is the most complete work available on NJ Workers’ Compensation law.
The work offers an in-depth and insightful analysis that provides a quick and accurate guidance to those who practice workplace injury law. Time-saving comments and instructions shorten the claims process and expedite handling of issues.
New areas of the law reviewed:
The newly enacted SMART Act (The Strengthening Medicare and Repaying Taxpayers Act of 2012), and the proposed Regulations, are discussed at length in this supplement. The newly enacted statutory provision concerning balance billing and expanded jurisdiction of the Workers’ Compensation Court is reviewed. The launch of COURTS 4, the expanded workers’ compensation electronic filing system, implementing e-filing of Notice of Motions, is explained along with accompanying sample forms, codes, and instructions for filing/service. The statutory extension of lifetime benefits embodied in recent legislation for surviving spouses of police and fire department employees, who are fatally injured in-the-line of duty, is discussed. The recent case law concerning the second-prong of the “context test” involving the “Exclusivity Doctrine” is reviewed
New 2014 Section Sections include:
--Dependency—Surviving spouse of police or fire department killed in the line of duty [12.14.50]
--Case organization utilization reporting tracking system (COURTS)—Court proceeding type codes [25.22.30]
--Case organization utilization reporting tracking system (COURTS)—E-filing of motions—General motion [25.22.40]
Gelman on Workers’Compensation Law is exclusively integrated into the entire world-wide leading legal research network of West Group-Reuters-Thomson publications.
It is now available, in print, on CD-Rom and online via Westlaw™ and WestlawNext™. [Westlaw Database Identifier NJPRAC]
Jon L. Gelman is nationally recognized as an author, lecturer and skilled trial attorney in the field of workers’ compensation law and occupational/environmental disease litigation. Over a career spanning more than three decades he has been involved in complex litigation involving thousands of clients challenging the mega-industries of: asbestos, tobacco and lead paint. Gelman is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). He is the former Vice-President of The Workers Injury Law & Advocacy Group (WILG) and a charter member of The College of Workers' Compensation Lawyers. Jon is a founder of the Nancy R. Gelman Foundation Inc., which seeks to fund innovative research to cure breast cancer. He is also an avid photographer. jon@gelmans.com -www.gelmans.com
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Saturday, October 5, 2013
Intervening Superseding Event: Turning in Bed Held Not a Bar to Workers' Compensation
A NJ Workers' Compensation Judge has held that turning over in bed did not constitute an intervening superseding event and therefore the claim was held to be compensable.
"....the act of turning in bed to shut off an alarm clock did not constitute an intervening, superseding
event which would free respondent of the liability for petitioner's second back
surgery of September 27, 2007 and I further find that the need for that surgery is
causally related to the work accident of July 12, 2005."
Philip A. Tornetta, Judge of Compensation
IPPOLITO v. COUNTY OF BERGEN ROAD DEPT
2011 WL 11004007 (N.J. Adm.)
CLAIM PETITION NOS. 2007 - 25283, 2010 - 17376 August 1, 2011
(Reported Oct. 5, 2013)
"....the act of turning in bed to shut off an alarm clock did not constitute an intervening, superseding
event which would free respondent of the liability for petitioner's second back
surgery of September 27, 2007 and I further find that the need for that surgery is
causally related to the work accident of July 12, 2005."
Philip A. Tornetta, Judge of Compensation
IPPOLITO v. COUNTY OF BERGEN ROAD DEPT
2011 WL 11004007 (N.J. Adm.)
CLAIM PETITION NOS. 2007 - 25283, 2010 - 17376 August 1, 2011
(Reported Oct. 5, 2013)
Related articles
- New York Second in Nation for Questionable Workers' Compensation Claims (workers-compensation.blogspot.com)
- Electronic Filing: The Ideal System for Workers' Compensation (workers-compensation.blogspot.com)
- The Government Shutdown is a Kick-In-Gut to Workers' Compensation (workers-compensation.blogspot.com)
- Oklahoma: Gov. Fallin's picks for workers comp commission lack experience (workers-compensation.blogspot.com)
- Careful What You Wish For: Denying Worker's Compensation for Undocumented Workers (workers-compensation.blogspot.com)
- What Does That Stand For? Commonly Used Acronyms in Workers' Compensation Cases (workers-compensation.blogspot.com)
Thursday, July 18, 2013
Governor Christie Vetoes First Responder Workers' Compensation Bill
NJ Governor Chris Christie has vetoed legislation that would would have created a presumption that of compensability for first responders who contracted cancer. He calls NJ workers' compensation system "successful" as is.
S-1778/A-1196 (Greenstein/Stender, Egan, O’Donnell, Wimberly) – ABSOLUTE - ‟Thomas P. Canzanella Twenty First Century First Responders Protection Act”; concerns workers’ compensation for public safety workers.
July 18, 2013
SENATE BILL NO. 1778
(First Reprint)
To the Senate:
Pursuant to Article V, Section I, Paragraph 14 of the New
Jersey Constitution, I am returning Senate Bill No. 1778 (First
Reprint) without my approval.
Since New Jersey’s workers’ compensation law was enacted
more than a century ago, the unique circumstances surrounding
workplace injuries of all employees – including our State’s
public safety workers – have been considered in the context of
the fact-sensitive circumstances surrounding each incident.
This time-tested process appropriately balances all facts
necessary to determine a proper compensation award. In
contrast, this bill alters that careful balance by providing
public safety workers with a presumption to workers’
compensation, rebuttable only by clear and convincing evidence.
This sweeping new standard would apply to disabilities
associated with an array of enumerated incidents and, in some
cases, disabilities not tethered to any work-related incident at
all.
As a State, we must continually recognize the selfless
contributions of our first responders. Day in and day out,
these brave women and men make enormous sacrifices in order to
ensure our collective safety, health, and well-being against all
manner of threats. That essential public service, and the costs
associated with the injuries those duties may cause, must be
administered in a responsible manner that matches our public
resources. Although this measure would likely have a
significant impact on State, local, and municipal government
budgets, the bill’s sponsors refused to obtain a fiscal analysis
or refer the bill to either house’s respective budget
committees. Regrettably, the Legislature’s failure to pursue
the responsible course of thoroughly reviewing the significant
changes to a successful and long-standing system, and the
corresponding impact of this proposal on taxpayers, prevent my
approval.
Our public safety workers are vital to our State and I am
committed to ensuring their well-being and protection. Reasoned
suggestions for improving those practices should be openly and
honestly evaluated. While I welcome a discussion on new ways to
enhance the lives of emergency responders, the truncated and
insufficient manner in which this proposal was prepared and
passed is not consistent with our responsibility as elected
representatives of all citizens.
Accordingly, I herewith return Senate Bill No. 1778 (First
Reprint) without my approval.
Respectfully,
[seal] /s/ Chris Christie
Governor
Attest:
/s/ Charles B. McKenna
Chief Counsel to the Governor
Read more about workers compensation and Governor Christie
Apr 23, 2013
“'We're going to be coming up with a package of proposals that's going to work both sides of that,' Christie told a caller on his monthly NJ 101.5 FM radio show tonight. 'The employers who may not be stepping up and meeting ...
http://workers-compensation.blogspot.com/
....
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.
....
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, June 7, 2013
Frank Lautenberg: The Senator From Paterson
Senator Frank Lautenberg passed away this week and his legacy of helping the workers will live on for generations. "The boy Paterson," as he used to say, knew first hand of the problems confronted by those who worked in his hometown's asbestos factories.
At one of my early meetings with the late Irving J. Selikoff, MD, the world renown asbestos expert of the health dangers of asbestos fiber, the doctor highlighted the necessity for a strong link between medicine and politics. Both Dr. Selikoff and Senator Lautenberg, grew up and worked in Paterson, NJ.
Paterson, was the home of several asbestos manufacturing factories since it was on a railroad link and was equal distant to major US East coast seaports. Asbestos was a strategic commodity for the US military during World War II. Asbestos had allegedly "miracle properties" that acted as an insulating agent on Navy ships, boiler rooms and other heat producing equipment. The serious and adverse effects of asbestos fiber to humans was not readily made known to workers and the public at large.
Consequently, an epidemic of asbestos related disease, including: asbestosis, lung cancer and mesothelioma followed decades after exposure and inflicted disease and death in epidemic proportions. The "original 17" workers' compensation asbestos cases in New Jersey for exposures at The Union Asbestos and Rubber Company plant in Paterson NJ were heard at the Paterson (Passaic County) office of the NJ Division of Workers' Compensation. My father, Carl Gelman, represented the workers and the their dependents, and their medical expert was Dr. Irving J. Selikoff, MD. All were Patersonians.
Dr. Selikoff went onto head the Environmental Sciences Laboratory at the Mount Sinai Medical Center, NY, and continued to follow the cohort of workers through The Paterson Asbestos Control project. That lead to a research project that was published and presented at the New York Academy of Sciences in 1964. International concern was raised over the deadly hazard of asbestos fiber.
Medical research alone could not protect workers in a meaningful way, and Dr. Selikoff knew that, and impressed upon me that the US Senate and Congress would be catalysts for political change that help protect workers from asbestos and other hazardous progress. Likewise, Senator Lautenberg knew that also, and had strong and professional relationship with Dr. Selikoff.
Senator Lautenberg advanced the concept of an important medical-political relationship from asbestos to other environmental hazards and chemicals, including tobacco. The "boy from Paterson," sparked by a strong foundation of concern for asbestos workers and public health, brought to Washington a vision for a safer and healthier nation that made a difference to all.
Statement of Hon. Frank R. Lautenberg, U.S. Senator from the
State of New Jersey
"Madam Chairman, thank you for holding today's hearing on the health
effects of asbestos. Let me welcome Senator Murray to the committee and
thank her for working to keep Americans safe from asbestos.
Every year, more than two-thousand Americans die premature and
painful deaths from exposure to asbestos. Their deaths leave children
without parents, and families struggling to make ends meet.
New Jersey has America's sixth-highest number of deaths from
asbestos. From asbestos used in ship insulation at shipyards to
asbestos used to insulate pipes at refineries and factories, at least
two-thousand seven-hundred and seventy-five New Jerseyans died because
of asbestos exposure from 1979 to 2001. Just last week, a school in
Asbury Park was closed because part of the ceiling fell and asbestos
was found. This toxin's presence in offices, schools and homes could
pose health risks for years to come--ranging from breathing problems to
lung damage and cancer.
One of the leading researchers on the link between asbestos and
lung disease was Dr. Irving Selikoff, who lived in New Jersey. Dr.
Selikoff did his research on workers across my state, including those
in my home town of Paterson. In 1979, Dr. Selikoff showed that one in
five asbestos workers developed a fatal lung disease. Senator Murray's
bill is a strategy for real action to reduce asbestos in the places we
live and work.
The bill will ban the use of asbestos to the maximum extent
possible and benefit companies who are producing safer alternatives. It
also calls for more research on the health affects of asbestos, as well
as the best treatment options for asbestos-related illnesses and better
coordination among federal agencies. Congress owes our children and
grandchildren action now to protect them from asbestos in the future.
I look forward to hearing the testimony of today's witnesses.
Thank you Madam Chairman.
EXAMINING THE HUMAN HEALTH EFFECTS OF ASBESTOS AND THE METHODS: MITIGATING SUCH IMPACTS, Tuesday, June 12, 2007, The US Senate Committee on Environment and Public Works.
He saw mesothelioma and asbestosis.
In my office in New Jersey, I had a man and his wife and his mature son, who was about 30 years old, come in to see me because they all had mesothelioma, but only the father worked in the manufacturing facility, the mill. His wife and child, his son, were made ill as a result of the mother washing her husband's clothes. That is how lethal, how dangerous asbestos is.
This bill is an abstract exercise. There are real people involved, people who are going to die as a result of the exposure. I have seen it up front and personal. A friend of mine who was a lawyer, after practicing 20 years, got a call from a member of a union one day that had asbestos workers, and he was told to get a chest x ray. He did. After 20 years of no illness, nothing, suddenly they found that he had a spot on his lung, and it turned into mesothelioma and he was dead soon thereafter.
I recently had a World War II vet--I am one as well--come into my office, sick from mesothelioma, from work he did 40 years ago. We have seen so many cases where the gestation period is so long, so that to suddenly close this out and say that is going to be enough money, $140 billion--it sounds like a lot, but it is not a lot when it comes to individuals who need help and who need to be able to continue to conduct their lives and do whatever they can to make life comfortable.
The Congressional Budget Office has stated that the fund will need $10 billion more. Other analysts put the figure as high as $300 billion. So it is fairly obvious that I am going to oppose this bill and support the point of order. I urge my colleagues to do the same because what we are doing is dismissing the suffering of people who have been exposed to this, even though the companies knew how dangerous the material was they were working with. They permitted people to work with it and did not do anything about it, except ultimately, in many cases, they went bankrupt as a result of their behavior.
FAIRNESS IN ASBESTOS INJURY RESOLUTION ACT OF 2005--Resumed -- (Senate - February 14, 2006)
Official Photograph of U.S. Senator Frank Lautenberg 1924-2013 (Photo credit: Wikipedia) |
Paterson, was the home of several asbestos manufacturing factories since it was on a railroad link and was equal distant to major US East coast seaports. Asbestos was a strategic commodity for the US military during World War II. Asbestos had allegedly "miracle properties" that acted as an insulating agent on Navy ships, boiler rooms and other heat producing equipment. The serious and adverse effects of asbestos fiber to humans was not readily made known to workers and the public at large.
Consequently, an epidemic of asbestos related disease, including: asbestosis, lung cancer and mesothelioma followed decades after exposure and inflicted disease and death in epidemic proportions. The "original 17" workers' compensation asbestos cases in New Jersey for exposures at The Union Asbestos and Rubber Company plant in Paterson NJ were heard at the Paterson (Passaic County) office of the NJ Division of Workers' Compensation. My father, Carl Gelman, represented the workers and the their dependents, and their medical expert was Dr. Irving J. Selikoff, MD. All were Patersonians.
Dr. Selikoff went onto head the Environmental Sciences Laboratory at the Mount Sinai Medical Center, NY, and continued to follow the cohort of workers through The Paterson Asbestos Control project. That lead to a research project that was published and presented at the New York Academy of Sciences in 1964. International concern was raised over the deadly hazard of asbestos fiber.
Medical research alone could not protect workers in a meaningful way, and Dr. Selikoff knew that, and impressed upon me that the US Senate and Congress would be catalysts for political change that help protect workers from asbestos and other hazardous progress. Likewise, Senator Lautenberg knew that also, and had strong and professional relationship with Dr. Selikoff.
Senator Lautenberg advanced the concept of an important medical-political relationship from asbestos to other environmental hazards and chemicals, including tobacco. The "boy from Paterson," sparked by a strong foundation of concern for asbestos workers and public health, brought to Washington a vision for a safer and healthier nation that made a difference to all.
Statement of Hon. Frank R. Lautenberg, U.S. Senator from the
State of New Jersey
"Madam Chairman, thank you for holding today's hearing on the health
effects of asbestos. Let me welcome Senator Murray to the committee and
thank her for working to keep Americans safe from asbestos.
Every year, more than two-thousand Americans die premature and
painful deaths from exposure to asbestos. Their deaths leave children
without parents, and families struggling to make ends meet.
New Jersey has America's sixth-highest number of deaths from
asbestos. From asbestos used in ship insulation at shipyards to
asbestos used to insulate pipes at refineries and factories, at least
two-thousand seven-hundred and seventy-five New Jerseyans died because
of asbestos exposure from 1979 to 2001. Just last week, a school in
Asbury Park was closed because part of the ceiling fell and asbestos
was found. This toxin's presence in offices, schools and homes could
pose health risks for years to come--ranging from breathing problems to
lung damage and cancer.
One of the leading researchers on the link between asbestos and
lung disease was Dr. Irving Selikoff, who lived in New Jersey. Dr.
Selikoff did his research on workers across my state, including those
in my home town of Paterson. In 1979, Dr. Selikoff showed that one in
five asbestos workers developed a fatal lung disease. Senator Murray's
bill is a strategy for real action to reduce asbestos in the places we
live and work.
The bill will ban the use of asbestos to the maximum extent
possible and benefit companies who are producing safer alternatives. It
also calls for more research on the health affects of asbestos, as well
as the best treatment options for asbestos-related illnesses and better
coordination among federal agencies. Congress owes our children and
grandchildren action now to protect them from asbestos in the future.
I look forward to hearing the testimony of today's witnesses.
Thank you Madam Chairman.
EXAMINING THE HUMAN HEALTH EFFECTS OF ASBESTOS AND THE METHODS: MITIGATING SUCH IMPACTS, Tuesday, June 12, 2007, The US Senate Committee on Environment and Public Works.
"Mr. LAUTENBERG. Mr. President, since time is limited, I am going to get down to the nuts and bolts. I come from a State in which asbestos was prominent in manufacturing in many places. As a matter of fact, early in the 1950s, a doctor named Irving Selikoff, who was a researcher as well as a physician, discovered the lethality of asbestos. He is the one who raised the alarm about the dangers of that product..........
He saw mesothelioma and asbestosis.
In my office in New Jersey, I had a man and his wife and his mature son, who was about 30 years old, come in to see me because they all had mesothelioma, but only the father worked in the manufacturing facility, the mill. His wife and child, his son, were made ill as a result of the mother washing her husband's clothes. That is how lethal, how dangerous asbestos is.
This bill is an abstract exercise. There are real people involved, people who are going to die as a result of the exposure. I have seen it up front and personal. A friend of mine who was a lawyer, after practicing 20 years, got a call from a member of a union one day that had asbestos workers, and he was told to get a chest x ray. He did. After 20 years of no illness, nothing, suddenly they found that he had a spot on his lung, and it turned into mesothelioma and he was dead soon thereafter.
I recently had a World War II vet--I am one as well--come into my office, sick from mesothelioma, from work he did 40 years ago. We have seen so many cases where the gestation period is so long, so that to suddenly close this out and say that is going to be enough money, $140 billion--it sounds like a lot, but it is not a lot when it comes to individuals who need help and who need to be able to continue to conduct their lives and do whatever they can to make life comfortable.
The Congressional Budget Office has stated that the fund will need $10 billion more. Other analysts put the figure as high as $300 billion. So it is fairly obvious that I am going to oppose this bill and support the point of order. I urge my colleagues to do the same because what we are doing is dismissing the suffering of people who have been exposed to this, even though the companies knew how dangerous the material was they were working with. They permitted people to work with it and did not do anything about it, except ultimately, in many cases, they went bankrupt as a result of their behavior.
FAIRNESS IN ASBESTOS INJURY RESOLUTION ACT OF 2005--Resumed -- (Senate - February 14, 2006)
................
"Mr. LAUTENBERG. Mr. President, I rise today in memory of a dear friend of mine, Prof. Irving J. Selikoff. Irving's uncompromised dedication to medical research and education in disease caused by hazardous materials paved the way for new standards of occupational safety. He was an extremely committed individual and I have learned a great deal about life, ethics, and public policy from him.
Dr. Selikoff's commitment to making the world a better place to live has been an inspiration to me and has further spurred my efforts to improve the public health. Mr. President, Dr. Irving Selikoff passed away on May 20, 1992, but he left us a legacy of medical knowledge that will continue to change the way people across the Nation live for many years to come. He will be missed.
Mr. President, on August 3, 1992, the industrial union department of the AFL-CIO adopted a resolution in memory of Dr. Selikoff. I want to share these words with my collegues and I ask unanimous consent that it be included in the Record.
Senator Lautenberg's Resolution in Memory of Dr. Irving J. Selikoff, January 15, 1915-May 20, 1992
Dr. Selikoff was a legend among workers. No other physician had as close a relationship with so many working people. He saw himself as a public servant, proud of working for a city medical school and being paid by the people.
He was first recognized as a scientist while serving in a public tuberculosis hospital, where he conducted the clinical trials for Isoniazid. This drug brought the `white plague', then the most serious disease in the workplace, under control. He started a clinic in Paterson, New Jersey, a community of textile workers. There, in response to disease among his own patients, all union members, he linked lung scarring and cancer to working with asbestos.
When he understood the importance of this finding, he left his clinic and established at Mt. Sinai School of Medicine a program designed to end the asbestos scourge with tools of science and medicine placed in the hands of unions. Soon his work on asbestos and many other workplace pollutants impacted every affiliate of the Industrial Union Department.
Dr. Selikoff studied and counseled workers and their families in Baltimore, Charleston, Lansing, Duluth, Midland, Norfolk, Nitro, Port Allegheny, New York's Chinatown, the Rocky Mountains and the mountains of Vermont, Canada's Mohawk reservation and hundreds of other places. He became known as a great scientist, but he never stopped being a doctor who worked tirelessly every day of the week, examining chartered plane loads of workers on Sunday and bringing clinics to wherever workers gathered, whether in the union hall at night or the convention on Saturday.
He knew that doctors need to understand the workplace and the labor movement. He required all his students to work in or with the Industrial Union Department. He gave us a network of physicians and scientists who continue to help us, whether in the clinic or before the Congress.
He knew that labor and science function internationally. He gave us a community of university allies in thirty countries under the aegis of Collegium Ramazzini and its Institute for Occupational and Environmental Health Research.
He knew that we seldom could achieve zero exposure to most toxic substances in the workplace. He helped us create the Workplace Health Fund to assist workers at risk, become partners in cancer treatment research and develop special programs of education.
Dr. Selikoff gave us an agenda for the future, and a Center at Mt. Sinai, the Selikoff Fund of the Workplace Health Fund, and the Ramazzini Institute for Occupational and Environmental Health Research to carry out the agenda. It is up to those of us who benefitted from his life work to continue to support the institutions he created.
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- IRVING J. SELIKOFF TRIBUTE (Senate - August 04, 1992)
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