Trench Safety a Focus of NIOSH

Working in a trench is a dangerous occupation, especially when working with old structures. NIOSH has refocussed on this concern this week and published Preventing Worker Death From Trench Cave-ins.

I was in New York City this week and watched two workers as they attempted to excavate on the street near Lincoln Center (see photo). One worker was digging shovel-by-shovel below ground as the worker above ground kept pounding the tops of large boards into the earth with the end of his shovel to act as walls to restrain the side from falling in. Pipes in NYC under the ground are old and many contain asbestos fiber. There were absolutely no pulmonary precautions being observed. 

Recently NJ Courts have held that trench accidents were not a mere fact of industrial life and were beyond intent of Act's immunity provision. A claim was permitted directly against the employer in addition to the workers' compensation action. Van Dunk v. Reckson Associates Realty Corp., 415 N.J.Super. 490 (N.J.Super.A.D. Aug 30, 2010), Certification Granted by 205 N.J. 81 (N.J. Jan 27, 2011).

"Workers who dig or excavate trenches are at risk of death if they enter an unprotected trench and the walls collapse. However, hazards associated with trench work and excavation are well defined and preventable. The OSHA standard for excavation and trenching, known as 29 CFR* 1926 Subpart P, describes the precautions needed for safe excavation work."

Related articles

• The Need to Incorporate Occupational Histories Into Electronic Medical Records (workers-compensation.blogspot.com)
• The Culture of Workers Compensation Needs to Change (workers-compensation.blogspot.com)
• Employer Co-Op Pays OSHA Fines after 26 Industry Employee Deaths (workers-compensation.blogspot.com)

9-11 Photographic Remembrance - Photographer Joe McNally Comments on His Project

Joe McNally, an incredibly skilled professional photographer discusses his project commemorating the 10 anniversary of the World Trade Center attack in New York City. Joe's recent blog reveals his dedication, commitment and endurance in photographing the horrific event 10 years ago and then updating the project for the 10th Anniversary. His project is now on display at the Time-Warner Center in New York City.


Click here to read the Blog Post:  http://bit.ly/n7rR7v

Related articles

• Zadroga 9-11 Compensation Fund Opens for Business (workers-compensation.blogspot.com)
• Zadrgoa WTC Health Claims Fund Town Hall Meetings (workers-compensation.blogspot.com)
• NIOSH Fails to Link Cancer as Zadroga Fund Compensable (workers-compensation.blogspot.com)
• World Trade Center (Zadroga) Compensation Fund Rules Announced (workers-compensation.blogspot.com)
• New York Dignitaries Celebrate The Zadroga Act Taking Effect (workers-compensation.blogspot.com)
• Remembering 9/11 (workers-compensation.blogspot.com)

The Faces of Ground Zero - Ten Years Later

Ten years ago, on September 11, 2001, world renown photographer, Joe McNally, created an exhibition to memorialize the events of that day. Nikon, who sponsored the exhibition is again sponsoring another Joe McNally exhibition to commemorate the 10 year anniversary of that horrific event.

Nikon Inc. is the exclusive photographic equipment sponsor of the “Faces of Ground Zero – 10 Years Later” exhibit at the Time Warner Center in New York. The free exhibit, marking the 10th Anniversary of 9/11, will take place from August 24 to September 12, 2011. The exhibit features more than fifty images and videos by internationally acclaimed photographer, Joe McNally, that bring to life some of the extraordinary individuals personally impacted by the events of 9/11.

Based on McNally’s renowned “Faces of Ground Zero, Portraits of the Heroes of September 11, 2001,” this updated special exhibition will feature original life-size portraits, along with new digital images and exclusive video interviews shot with the latest Nikon cameras, revealing where the subjects are today and how 9/11 indelibly affected their lives.

“Nikon is proud to be a sponsor of the ‘Faces of Ground Zero – 10 Years Later’ exhibition,” said Bo Kajiwara, Director of Marketing, Nikon Inc. “The still images and videos shot by Joe McNally document in compelling detail a very significant event in recent history and are vivid, powerful reminders of the human spirit.”

The exhibition includes portraits and video of everyday people such as firefighters and other uniformed rescuers, families of victims, survivors, caregivers, politicians and students from nearby schools. Some of the individuals honored in this exhibition include Firefighter Louie Cacchioli, Josephine Harris and Ladder 6 and Chef Michael Lomonaco as well as former New York City Mayor Rudolph Giuliani.

“It’s been a truly amazing experience to recreate this exhibition,” said McNally. “It’s an honor to be able to visually tell the ongoing stories of the incredible people I first met 10 years ago that continue to be an inspiration every day.”

Joe McNally is one of the most widely acclaimed photographers in the world and has been a Nikon shooter throughout his career. He is globally recognized as one of the most accomplished masters of light and color and has inspired a world of photographers with Nikon’s Creative Lighting System. McNally’s international photography career includes time as a staff photographer for LIFE Magazine and a contributor to National Geographic for over 23 years. He has also shot cover stories for TIME, Newsweek, Fortune, New York, Entertainment Weekly, The New York Times Sunday Magazine, Sports Illustrated, LIFE and Men’s Journal.

McNally’s 2002 tour, “Faces of Ground Zero,” was seen by an estimated one million people. The collection and sales of related books helped raise more than $2 million for 9/11 relief efforts.

Joe McNally’s “Faces of Ground Zero – 10 Years Later” exhibition will be held at the Time Warner Center in New York City from August 24 to September 12, 2011. The exhibition is open from 10:00 a.m. to 9:00 p.m. Monday – Saturday and from 11:00 a.m. to 7:00 p.m. on Sunday. Admission is free and open to the public.

Related articles

• New York Dignitaries Celebrate The Zadroga Act Taking Effect (workers-compensation.blogspot.com)
• Ladder Company 3 Fire Truck Used During Evacuations On 9/11 Returns To Ground Zero (newyork.cbslocal.com)

Special Master to be Appointed Soon for Zadroga Fund

Image via Wikipedia

The selection of a Special Master to manage the Zadroga 9/11 health fund is imminent reported The New York Times. The special master will be managing the multi-million dollar  benefit fund created under recent Federal legislation that will provide assistance to those who were injured following the attacks on the World Trade Center on September 11, 2001.

Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.

Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits. 

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 asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Related articles

• The James Zadroga 9/11 Health & Compensation Act of 2010 (workers-compensation.blogspot.com)
• Public Meeting Held On Zadroga Health Compensation Fund (workers-compensation.blogspot.com)
• Benefits Available Under the Zadroga 9/11 Victim Compensation Fund (workers-compensation.blogspot.com)
• Zadroga Fund Cancer Claims Info Sought by NIOSH (workers-compensation.blogspot.com)
• Zadroga Benefits for Utility Workers at World Trade Center Disaster Site For Anxiety (workers-compensation.blogspot.com)

HBO To Air Special About Triangle Shirtwaist Fire

The HBO special, "Triangle: Remembering The Fire" will air on HBO starting, March 21, 2011 at 9pm. The documentary will commemorate the 100th anniversary of the fire where 146, mostly young immigrant women, were killed in the New York City garment district. The tragedy galvanized public opinion and sparked the birth of the modern labor movement which lead the way for safety regulations in the workplace.

Related articles

• Television Review: Two Remembrances of One Deadly Day in 1911 (tv.nytimes.com)
• The Lingering Consequences of Smoke in the Workplace (workers-compensation.blogspot.com)
• Public Meeting on Implementation of the Zadroga 9/11 Health and Compensation Act (workers-compensation.blogspot.com)
• The World Trade Center Health Program Expands The Path to Federalization (workers-compensation.blogspot.com)

Public Meeting Held On Zadroga Health Compensation Fund

A public hearing, sponsored by the National Institute for Occupational Safety and Health (NIOSH), was held Thursday in New York City concerning the James Zadroga 9/11 Health and Compensation Act of 2010 (Pub. L 111-347). The purpose of the government sponsored meeting was to solicite comments on how to implement the Federal benefit program that was signed into law at the end of last year by President Obama.

Victims, their families and representatives were among the presenters at the day-long hearing. A major area of concern at the hearing was whether the program will cover cancer claims and claims for anxiety based diseases that resulted from the World Trade Center attack on September 11, 2001. The toxic cloud of dust and fumes that emanated from the site is of serious concern to medical professionals because of the known pulmonary irritants and carcinogens, including asbestos, that it contained and transported.

The law provides for additional benefits to those who worked near the site during the months following the disaster. Not only are first responders permitted to file for benefits, but the program provides coverage to those who were utility workers, who were involved in the restoration of services, ie. telephone and power, and it also includes those who were involved in the clean-up of the area and local residents.

Comments will accepted until 5:00pm EDT on April 29, 2011 and an implementation plan will be formalized by July, 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 asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Related articles

• Public Meeting on Implementation of the Zadroga 9/11 Health and Compensation Act (workers-compensation.blogspot.com)
• The James Zadroga 9/11 Health & Compensation Act of 2010 (workers-compensation.blogspot.com)
• Agenda Announced for Public Meeting on Implementation of the Zadroga 9/11 Health and Compensation Act (workers-compensation.blogspot.com)
• Pulmonary Disease Linked to World Trade Center Disaster (workers-compensation.blogspot.com)
• Zadroga Benefits for Utility Workers at World Trade Center Disaster Site For Anxiety (workers-compensation.blogspot.com)
• The World Trade Center Health Program Expands The Path to Federalization (workers-compensation.blogspot.com)

The Triangle Fire Airs on PBS Feb 28, 2011

It was the deadliest workplace accident in New York City’s history. A dropped cigarette on the 8th floor of the Triangle Shirtwaist Factory sparked a fire that killed over a hundred innocent people trapped inside. The private industry of the American factory would never be the same.


Airs on American Experience on PBS Feb. 28, 2011 at 9:00pm on most PBS stations. Commemorating the workers' compensation centennial.

Jackie K. Cooper writes in the Huffington Post, "The conditions and events shown in this story will lead viewers to reflect on many of the battles occurring in our nation today. The balance between union and non-union forces is still a delicate one. We also see how far we have come in the protection of workers and the conditions under which they toil."

Related articles

• 100 Years Later, the Roll of the Dead in a Factory Fire is Complete
• Morning Read: The Year of the Anniversary (observer.com)
• Remembering the Triangle Factory Fir - 100 Years Later
• PBS Documentary Commemorates the 100 Year Old Fire (NY Daily News)
• The Triangle Fire "An American Tragedy" (Huffington Post)  
• New York Times, March 26, 1911, p. 1. "141 Men and Girls Die in Waist Factory Fire; Trapped High Up in Washington Place Building; Street Strewn with Bodies; Piles of Dead Inside."

Public Meeting on Implementation of the Zadroga 9/11 Health and Compensation Act

The National Institute for Occupational Safety and Health (NIOSH) will host a public meeting on March 3 in New York City to receive comments from the public on implementing the provisions of the James Zadroga 9/11 Health and Compensation Act of 2010 (Public Law 111-347).

NIOSH will convene the public meeting in response to a request by Reps. Carolyn B. Maloney (D-NY), Jerrold Nadler (D-NY), and Peter T. King (R-NY), the primary sponsors of the James Zadroga 9/11 Health and Compensation Act of 2010 in the U.S. House of Representatives. The meeting will be held from 9:00 a.m. to 4:45 p.m., Eastern Time, at the Jacob K. Javits Federal Building, 26 Federal Plaza, Broadway entrance, 6th Floor, Conference Room A/B, New York, N.Y. 10278.

The meeting is open to the public, limited by the space available. The meeting space accommodates approximately 300 people, and will be available on a first-come-first-served basis. In addition, there will be an audio conference setup for those who cannot attend in person. The toll-free call-in number is 1-800-619-8873; pass code 8693287.

The James Zadroga 9/11 Health and Compensation Act of 2010 established the World Trade Center Health Program within the U.S. Department of Health and Human Services, of which NIOSH is part. Comments from the public will help the Federal government in developing a plan to implement the Act by gaining perspectives from interested parties on ways to meet the Act's requirements.

The Act's requirements include:

• Medical monitoring for responders who were likely to have been exposed to airborne toxins that were released, or to other hazards, as a result of the September 11, 2001, terrorist attacks.
• Initial health evaluation for survivors.
• Follow-up monitoring and treatment for responders and survivors related to World Trade Center-related health conditions.
• Education and outreach to potentially eligible individuals.
• Clinical data collection and analysis.
• Research on health conditions.

A copy of the full Act is available at www.cdc.gov/niosh/topics/wtc/hr847.html. A notice of the public meeting with further information on attendance and registration is scheduled to be posted in the Federal Register on Feb. 10.

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 asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Related articles

• Benefits Available Under the Zadroga 9/11 Victim Compensation Fund 
• World Trade Center Responders Continue to Suffer
• The World Trade Center Health Program Expands The Path to Federalization (workers-compensation.blogspot.com)
• Our responsibility to all 9/11 victims | Lila Nordstrom (guardian.co.uk)
• NISOH Pocket Guide to Chemical Hazards Available for Free Download (workers-compensation.blogspot.com)
• New 911 Photos Dramatically Illustrate Toxic Cloud

Additional Resources

• Implementation of the James Zadroga 9/11 Health and Compensation Act of 2010 (Pub. L. 111-347) 76 FR 7862; 2/11/11  [PDF - 174 KB]
• "'James Zadroga 9/11 Health and Compensation Act of 2010';" 1/5/10  [PDF - 300 KB]

The Fatal Consequences of the GM Bankruptcy

Image via Wikipedia
The General Motors (GM) bankruptcy is going to adversely impact workers' compensation. It has been estimated that GM is facing  $500 Million worth of future mesothelioma claims that its bankruptcy estate is going to avoid paying. The claims will arise because  deadly asbestos fiber that was used in in the manufacture of GM products including brakes.

Last month U.S. Bankruptcy Judge Robert Gerber in New York permitted the unsecured creditors (asbestos claimants) to obtain documentation from GM about the number of estimated / asbestos liability claims it could be facing in the future. As a result of the bankruptcy action, GM transfered its assets only to Motors Liquidation Co., but it plans not to transfer its asbestos liabilities to the new company. Therefore, future asbestos claims against GM will not be paid.

Brakes linings were raw asbestos. GM brakes were sold to and used by auto-mechanics for decades.  Asbestos is a known carcinogen and its deadly effects have been recognized since the early 20th century. One of the latent diseases caused by asbestos exposure is mesothelioma, a rare and fatal illness.

Workers' Compensation systems throughout the United States have been literally swamped with asbestos related claims as the workforce aged and the disease has manifested. The workers' compensation insurance carriers and past employers who used asbestos products have sought to be reimbursed for benefits paid to injured workers by the ultimate wrongdoers, the suppliers, manufacturers and distributors of asbestos products. Those wrongdoers failed to place warning of its products concerning the hazards of asbestos fiber and knew of the hazards.

Taking away the right of ill employees to seek benenfits from GM for its alleged wrongful acts will severely impact the workers' compensation system throughout the US, especially if this process of avoidance becomes of model for future asbestos bankruptcy actions. Difficulties navigating the workers compensation systems at present for occupational illness benefits have become burdensome and extremely difficult for injured workers and their families. GM's attempt to absolve itself from financial responsibility for asbestos related disease should not be permitted as it may create a fatal economic attack on the ailing compensation system.

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 asbestos related disease.

Related articles

• GM's Estate May Face Billions in Asbestos Claims (businessweek.com)
• The Asbestos Debate is Over
• Who is Exposed to Asbestos-Who is At Risk?
• History of Asbestos and the Law

Workers Compensation Takes a Bigger Bite Out of the Big Apple

The Workers' Compensation costs for the City of New York are trending upward while the number of cases are declining. In its latest yearly report on Workers Compensation costs it was revealed that in 2009 $12.9 Million were paid out to injured workers in 14,430 cases. Uniformed employees, ie. fire and police, are not covered under the workers' compensation.


Click here to read more about workers' compensation and claims for benefits. 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 asbestos related illnesses.