In West Virginia, a workers' compensation claim for COVID-19 can be considered compensable even if the disease is common outside of work, as long as the claimant can prove it was contracted in the course of and resulted from their employment. Statistical evidence of general risk is relevant but not the sole determining factor.
Showing posts with label West Virginia. Show all posts
Showing posts with label West Virginia. Show all posts
Friday, May 30, 2025
Friday, August 29, 2014
DuPont Fined $1.275 Million For Hazardous Violations
The U.S. Environmental Protection Agency (EPA) and the Department of Justice announced today a settlement with E.I. du Pont de Nemours and Company (DuPont) at its Belle, W. Va. facility for eight alleged releases of harmful levels of hazardous substances between May 2006 and January 2010. Several of the releases posed significant risk to people or the Kanawha River. One DuPont worker died after exposure to phosgene, a toxic gas released due to DuPont’s failure to comply with industry accident prevention procedures.
DuPont will pay a $1.275 million penalty and will take corrective actions to prevent future releases to resolve the alleged violations of the general duty clause and risk management provisions of the Clean Air Act, and the emergency response provisions of Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act, and Section 304 of the Emergency Planning and Community Right-to-Know Act.
“Producing toxic and hazardous substances can be dangerous, and requires complying with environmental and safety laws,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today's settlement with DuPont will ensure that the proper practices are in place to protect communities and nearby water bodies."
“Failing to follow laws meant to prevent accidents can have fatal consequences – as was tragically the case here,” said Sam Hirsch, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement holds DuPont accountable for its failure to prevent hazardous releases and requires improvements to its risk management operations and emergency response systems that could prevent future tragedies and damage to the environment.”
Through this settlement, DuPont will implement enhanced risk management operating procedures to improve its process of responding to alarms triggered by releases of hazardous substances.
DuPont will also develop an enhanced operating procedure to improve its management of change process, which is a best practice used to ensure that safety, health and environmental risks are controlled when a company makes changes to their processes.
In addition, DuPont will improve procedures so federal, state, and local responders are notified of emergency releases, and will conduct training exercises to prepare employees to make such notifications.
DuPont estimates that it will spend approximately $2,276,000 to complete the required improvements to its safety and emergency response processes.
Previously, on March 18, 2010 the U.S. EPA issued an administrative order to DuPont to undertake corrective measures related to the releases. DuPont estimates that it has spent approximately $6,828,750 to comply with the administrative order.
On Jan. 22, 2010, at DuPont’s chemical manufacturing plant in Belle, West Virginia operators discovered that more than 2,000 pounds of methyl chloride had leaked into the atmosphere and employees failed to respond to alarms triggered by the release. On the morning of Jan. 23, workers discovered a leak in a pipe containing the toxic gas oleum. Later that day, a hose containing phosgene, a highly toxic gas, ruptured resulting in the fatality of a worker exposed to phosgene.
The alleged risk management violations on Jan. 22 and 23 include failing to:· identify hazards that may result from accidental releases
· design and maintain a safe facility
· minimize consequences of accidental releases that do occur
· follow recognized industry safety practices
· train its employees on how to respond to potential risks
· frequently inspect and test equipment consistent with good engineering practices and manufacturer recommendations.
· follow the company’s own procedures for responding to alarms indicating potential problems and implementing safety protocol for the phosgene process.
In addition, there were five incidents identified through EPA inspections and extensive review of Dupont’s records that do not comply with the Comprehensive Environmental Response, Compensation, and Liability Act and the Emergency Planning and Community Right-to-Know Act.
In these incidents, EPA alleged the company released harmful quantities of hazardous substances and then did not report the releases to the National Response Center, State Emergency Response Commission and Local Emergency Planning Committee in a timely manner. The largest of these was the release of 80 tons of methanol into the Kanawha River on September 21, 2010.
For more information about the Clean Air Act’s Risk Management Program requirements, seehttp://www.epa.gov/compliance/monitoring/programs/caa/112r.html and http://www.epa.gov/oem/content/rmp/.
For information about RMP*eSubmit or to view a Checklist for Submitting Your Risk Management Plan (RMP) for Chemical Accident Prevention and the RMP*eSubmit Users’ Manual, visit http://www.epa.gov/emergencies/rmp).
The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court.
DuPont will pay a $1.275 million penalty and will take corrective actions to prevent future releases to resolve the alleged violations of the general duty clause and risk management provisions of the Clean Air Act, and the emergency response provisions of Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act, and Section 304 of the Emergency Planning and Community Right-to-Know Act.
“Producing toxic and hazardous substances can be dangerous, and requires complying with environmental and safety laws,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today's settlement with DuPont will ensure that the proper practices are in place to protect communities and nearby water bodies."
“Failing to follow laws meant to prevent accidents can have fatal consequences – as was tragically the case here,” said Sam Hirsch, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement holds DuPont accountable for its failure to prevent hazardous releases and requires improvements to its risk management operations and emergency response systems that could prevent future tragedies and damage to the environment.”
Through this settlement, DuPont will implement enhanced risk management operating procedures to improve its process of responding to alarms triggered by releases of hazardous substances.
DuPont will also develop an enhanced operating procedure to improve its management of change process, which is a best practice used to ensure that safety, health and environmental risks are controlled when a company makes changes to their processes.
In addition, DuPont will improve procedures so federal, state, and local responders are notified of emergency releases, and will conduct training exercises to prepare employees to make such notifications.
DuPont estimates that it will spend approximately $2,276,000 to complete the required improvements to its safety and emergency response processes.
Previously, on March 18, 2010 the U.S. EPA issued an administrative order to DuPont to undertake corrective measures related to the releases. DuPont estimates that it has spent approximately $6,828,750 to comply with the administrative order.
On Jan. 22, 2010, at DuPont’s chemical manufacturing plant in Belle, West Virginia operators discovered that more than 2,000 pounds of methyl chloride had leaked into the atmosphere and employees failed to respond to alarms triggered by the release. On the morning of Jan. 23, workers discovered a leak in a pipe containing the toxic gas oleum. Later that day, a hose containing phosgene, a highly toxic gas, ruptured resulting in the fatality of a worker exposed to phosgene.
The alleged risk management violations on Jan. 22 and 23 include failing to:· identify hazards that may result from accidental releases
· design and maintain a safe facility
· minimize consequences of accidental releases that do occur
· follow recognized industry safety practices
· train its employees on how to respond to potential risks
· frequently inspect and test equipment consistent with good engineering practices and manufacturer recommendations.
· follow the company’s own procedures for responding to alarms indicating potential problems and implementing safety protocol for the phosgene process.
In addition, there were five incidents identified through EPA inspections and extensive review of Dupont’s records that do not comply with the Comprehensive Environmental Response, Compensation, and Liability Act and the Emergency Planning and Community Right-to-Know Act.
In these incidents, EPA alleged the company released harmful quantities of hazardous substances and then did not report the releases to the National Response Center, State Emergency Response Commission and Local Emergency Planning Committee in a timely manner. The largest of these was the release of 80 tons of methanol into the Kanawha River on September 21, 2010.
For more information about the Clean Air Act’s Risk Management Program requirements, seehttp://www.epa.gov/compliance/monitoring/programs/caa/112r.html and http://www.epa.gov/oem/content/rmp/.
For information about RMP*eSubmit or to view a Checklist for Submitting Your Risk Management Plan (RMP) for Chemical Accident Prevention and the RMP*eSubmit Users’ Manual, visit http://www.epa.gov/emergencies/rmp).
The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court.
….
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.
Thursday, January 16, 2014
How the West Virginia Spill Exposes Our Lax Chemical Laws
The West Virginia chemical spill that left some 300,000 people without access to water has exposed a gaping hole in the country's chemical regulatory system, according to environmental experts. Much the state remains under a drinking-water advisory after the spill last week into the Elk River near a water treatment facility. As much as 7,500 gallons of the chemical 4-methylcyclohexane methanol, which is used in the washing of coal, leaked from a tank owned by a company called Freedom Industries. A rush on bottled water ensued, leading to empty store shelves and emergency water delivery operations. According to news reports, 10 people were hospitalized following the leak, but none in serious condition. The spill and ensuing drinking water shortage have drawn attention to a very lax system governing the use of chemicals, according to Richard Denison, a senior scientist at the Environmental Defense Fund who specializes in chemical regulation. "Here we have a situation where we suddenly have a spill of a chemical, and little or no information is available on that chemical," says Denison.
West Virginia store shelf.
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Sunday, January 12, 2014
What Do We Know About the Chemical That Just Spilled in West Virginia?
The chemical that leaked yesterday into a West Virginia river "hasn't been studied very well," says Deborah Blum, a New York Times science columnist who specializes in reporting on chemistry.
A state of emergency was declared for nine West Virginia counties yesterday after a chemical called 4-Methylcyclohexane Methanol spilled into the Elk River. The chemical is "used to wash coal of impurities," according to the Times.The chemical leaked from a holding tank owned by a company called Freedom Industries, according to West Virginia American Water, a water company operating in the region. At present, the nine counties are under a "do not use" advisory from West Virginia American Water, and residents there do not know when they will be able to turn on their taps. A rush on bottled water subsequently ensued, as documented in this tweet from a local news anchor: Undoubtedly much more information will emerge on 4-Methylcyclohexane Methanol and how dangerous it is (or isn't) in water. But to start things off we turned to Blum, who was just a guest on our Inquiring Minds podcast. "We know methanol is toxic, we know that methylcyclohexane is moderately toxic, but I haven't seen a full analysis of the entire formula," says Blum.... |
Monday, October 28, 2013
Miners’ deaths aren’t a theme-park thrill
“Alone in the darkness . . . the only sound is the pulsing of your heart as the searing heat slowly boils you alive . . . It was reported to be the worst coal mine accident in history. The families of missing miners begged for help but it was decided that a rescue was too dangerous. The miners were left entombed deep underground.”
So begins the Web pitch for the new “Miner’s Revenge” maze, one of 10 haunted attractions meant to tantalize and terrorize visitors during “Halloween Haunt” at Kings Dominion amusement park in the rolling Virginia countryside about 70 miles south of Washington. The advertisement continues: “Lamps at their sides and pick-axes in their hands they are searching for the men who left them to die . . . waiting to exact their revenge.” I haven’t gone through the maze, and I don’t intend to, although Kings Dominion spokesman Gene Petriello offered me a free pass. That’s because Miner’s Revenge hits a little too close to home for me. From 2010 to 2012, I spent a good bit of time researching a real coal-mine disaster for a book published last year: the massive April 5, 2010, underground blast at Massey Energy’s Upper Big Branch mine near Montcoal in southern West Virginia. Twenty-nine miners died in what was the worst U.S. coal-mine disaster in 40 years. Three investigations have found that the incident was the result of Massey’s... |
Saturday, October 26, 2013
Kings Dominion: Please Shut Down "Miners' Revenge" Halloween Attraction
Making a Halloween Attraction out of a fatal work disaster is in bad taste and repulsive. Today's post was shared from change.org
Kings Dominion hopes to make some big bucks this year with a Halloween attraction called “Miners’ Revenge.”
According to Kings Dominion website, which is selling tickets for $32.99, the theme of this Halloween thriller is this:
"Alone in the darkness… the only sound is the pulsing of your heart as the searing heat slowly boils you alive… It was reported to be the worst coal mine accident in history. The families of missing miners begged for help but it was decided that a rescue was too dangerous. The miners were left entombed deep underground. Lamps at their sides and pick-axes in their hands they are searching for the men who left them to die…"
Really?
I can’t even describe my outrage reading this advertisement.
In April 2010, we had the Upper Big Branch explosion in West Virginia where rescuers desperately searched in unfathomable conditions hoping, praying to find one of the 29 Upper Big Branch miners alive.
It was in 2007 when a mine rescue had to be abandoned at the Crandall Canyon Mine in Utah where six miners were trapped (and not presumed dead in the beginning). The rescue was dangerous and considered one of the most difficult in history, and then three rescuers perished trying to desperately dig to get to their mining brothers.
It was in 2006 when we had the triple disasters of Sago, Darby and Aracoma — losing 19 miners in West Virginia to fire and CO poisoning, rescuers braving horrific conditions looking for their lost brothers.
In 2001 — 13 miners killed at the Jim Walters Mine in Alabama only days after 9/11. Twelve of those who perished were miners who would not leave the mine, and were trying to rescue one of their own.
We have the 1993 Magma Mine accident in Arizona in which a half million pound raise collapsed on four miners in a copper mine.
The 1992 South Mountain Mine disaster in West Virginia where eight perished.
In the 1999 Kaiser explosion in Louisana no one died, but Gary Guy was found by a fellow employee with his skin peeling off from caustic chemicals. Twenty-two were injured — 14 seriously.
Click here to read the entire article and sign the petition
Kings Dominion hopes to make some big bucks this year with a Halloween attraction called “Miners’ Revenge.”
According to Kings Dominion website, which is selling tickets for $32.99, the theme of this Halloween thriller is this:
"Alone in the darkness… the only sound is the pulsing of your heart as the searing heat slowly boils you alive… It was reported to be the worst coal mine accident in history. The families of missing miners begged for help but it was decided that a rescue was too dangerous. The miners were left entombed deep underground. Lamps at their sides and pick-axes in their hands they are searching for the men who left them to die…"
Really?
I can’t even describe my outrage reading this advertisement.
In April 2010, we had the Upper Big Branch explosion in West Virginia where rescuers desperately searched in unfathomable conditions hoping, praying to find one of the 29 Upper Big Branch miners alive.
It was in 2007 when a mine rescue had to be abandoned at the Crandall Canyon Mine in Utah where six miners were trapped (and not presumed dead in the beginning). The rescue was dangerous and considered one of the most difficult in history, and then three rescuers perished trying to desperately dig to get to their mining brothers.
It was in 2006 when we had the triple disasters of Sago, Darby and Aracoma — losing 19 miners in West Virginia to fire and CO poisoning, rescuers braving horrific conditions looking for their lost brothers.
In 2001 — 13 miners killed at the Jim Walters Mine in Alabama only days after 9/11. Twelve of those who perished were miners who would not leave the mine, and were trying to rescue one of their own.
We have the 1993 Magma Mine accident in Arizona in which a half million pound raise collapsed on four miners in a copper mine.
The 1992 South Mountain Mine disaster in West Virginia where eight perished.
In the 1999 Kaiser explosion in Louisana no one died, but Gary Guy was found by a fellow employee with his skin peeling off from caustic chemicals. Twenty-two were injured — 14 seriously.
Click here to read the entire article and sign the petition
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