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Wednesday, July 21, 2010
Is the Cosmetic Industry the Next Tobacco or Asbestos?
The health dangers emanating from the unregulated cosmetic industry are becoming more apparent and more tragic. The serious health consequences of exposures flowing from the cosmetic industry may generate the next wave of mass tort litigation based on the predictability of emerging workers' compensation trends.
Within the past few weeks, the carcinogenic properties of sunscreen products, which are advertised to inhibit cancer, have been reported to possibly causing it themselves. The generic and plan properties of the sun screens have been polluted by the carcinogenic properties of fragrances that have been reported to cause cancer themselves.
The Safe Cosmetics Act, now under consideration by Congress, will help protect workers' health. The proposed legislation would establish a Center for Postmarket Drug Safety and Effectiveness.
Additionally, The Protection America's Workers Act provides additional safeguards to workers. Thhe proposed legislation will:
*Expand workplace protections to state, county, municipal, and federal
employees who are not currently covered by the Occupational Safety and
Health Act
* Increase financial penalties for those who kill or endanger workers
* Strengthen criminal penalties to make felony charges available
for willful negligence causing death or serious injury
* Expand OSHA coverage to millions of employees who fall through
the cracks (like airline and railroad workers)
* Provide protection for whistleblowers
* Give employees the right to refuse hazardous work that may kill them
* Improve the rights of workers and families, requiring OSHA to
investigate all cases of death
* Prohibit employers from discouraging reporting of injury or illness
The Cosmetics industry has far too long relied upon a self-insurance schema and a lobbying effort to protect its fortunes and not its workers. Emerging litigation in the workers' compensation arena traditionally explodes into mass torts. This has been the historical pattern evidenced by asbestos, tobacco and latex. The initial claims have already been successfully prosecuted for injured workers exposed to fragrances. Hopefully the next wave can be avoided and quick government regulation of the cosmetic and fragrance industry can avoid the inevitable and the workplace can be made safer.
Click here to read more about cosmetics and fragrances and workers compensation.
Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon Gelman or call 1-973-696-7900.
Tuesday, June 29, 2010
NIOSH Is Developing a Voluntary Roster of Exposed Oil Spill Workers
Saturday, May 29, 2010
Breast Cancer Linked to Occupational Exposures
"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 years. Increased ORs were found for each 10-year increment in duration of exposure, before age 36 years (OR<36), to acrylic fibres (OR<36=7.69) and to nylon fibres (OR<36=1.99). For oestrogen-positive and progesterone-negative tumours, the OR doubled or more for each 10-year increase in exposure to monoaromatic hydrocarbons, and to acrylic and rayon fibres. The OR<36 also doubled for exposure to organic solvents that metabolise into reactive oxygen species, and to acrylic fibres. A threefold increase was found for oestrogen- and progesterone-positive tumours, with exposure to polycyclic aromatic hydrocarbons from petroleum sources.
"Certain occupational exposures appear to increase the risk of developing postmenopausal breast cancer, although some findings might be due to chance or to undetected bias. Our findings are consistent with the hypothesis that breast tissue is more sensitive to adverse effects if exposure occurs when breast cells are still proliferating. More refined analyses, adjusting for hormonal receptor subtypes and studies focusing on certain chemical exposures are required to further our understanding of the role of chemicals in the development of breast cancer.
Friday, May 21, 2010
Cell Phone Use and Occupational Cancer: The Jury is Still Out
Cell phone use has disturbingly has become ingrained in the work environment. Distracted driving caused by cell phone use has been identified as major cause of accident.
Unfortunately, if there is further delay in reaching a definitive conclusion on the association of cancer with cell phone use, then any necessary precautions will not be invoked and potential malignancies will continue.
To read more about cell phone use and occupational accidents.
Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon Gelman or call 1-973-696-7900.
Thursday, May 13, 2010
NIOSH Monitoring Work-Related Cancer
"Past estimates indicate that about 4% of cancer deaths in the U.S. are caused by occupational exposures; currently this is thought to underestimate the true burden of occupational cancer.1 Many of the studies that reported on the health effects of carcinogens were conducted in manufacturing. These assessments have resulted in the monitoring of and reduction in workplace exposures to carcinogens worldwide, in some cases through the development of protective standards. Exposures to carcinogens in the workplace may not result in cancer until 15-40 years later. Prevention of exposure to newly identified carcinogens is critical in order to achieve reductions in workplace attributable cancer. Based on the National Occupational Mortality Surveillance System (NOMS) (www.cdc.gov/niosh/topics/surveillance/NOMS/), U.S. manufacturing workers have increased proportionate mortality to cancer before age 65. To reduce cancer in workers, preventive strategies should be used in manufacturing processes where known and potential carcinogens are used."
To read more about cancer and workers' compensation click here.
To read more about workers' compensation claims click here.
Friday, March 26, 2010
Caution Your Job May Cause Cancer
After a thorough review and discussion of the published scientific evidence, an expert Working Group convened by the IARC Monographs programme has concluded that
• Shiftwork that involves circadian disruption is probably carcinogenic to humans (Group 2A).
• Occupational exposure as a painter is carcinogenic to humans (Group 1).
• Occupational exposure as a firefighter is possibly carcinogenic to humans (Group 2B).
These three occupations involve complex exposure patterns that make it difficult to attribute risk to specific factors. The Working Group, comprising 24 scientists from 10 countries, met at the International Agency for Research on Cancer (IARC), the cancer research agency of the World Health Organization.
A summary of these conclusions is being published in the December issue of The Lancet Oncology. Full results will be published next year as volume 98 of the IARC Monographs.
Shiftwork that involves circadian disruption is “probably carcinogenic to humans”
Epidemiological studies have found that long-term nightworkers have a higher risk of breast cancer risk than women who do not work at night. These studies have involved mainly nurses and flight attendants. The studies are consistent with animal studies that demonstrate that constant light, dim light at night, or simulated chronic jet lag can substantially increase tumour development. Other experimental studies show that reducing melatonin levels at night increases the incidence or growth of tumours.
These results may be explained by the disruption of the circadian system that is caused by exposure to light at night. This can alter sleep-activity patterns, suppress melatonin production, and disregulate genes involved in tumour development. Among the many different patterns of shiftwork, those that include nightwork are most disruptive to the circadian system.
"Nearly 20% of the working population in Europe and North America is engaged in shiftwork, which is most prevalent in the health-care, industrial, transportation, communications, and hospitality sectors: To date, most studies have focussed on breast cancer in nurses and flight attendants. Now more studies are needed to examine this potential risk in other professions and for other cancers," noted Dr Cogliano, Head of the IARC Monographs Programme.
Occupational exposure as a painter is “carcinogenic to humans”
Epidemiological studies of painters have consistently found small but significant increases in the risk of lung cancer and bladder cancer. In addition, several studies of painters have found increased levels of genetic damage.
Four of five case-control studies found significant increases in childhood leukaemia associated with maternal exposure before or during pregnancy, although findings were inconsistent for lymphatic and haematopoietic cancers in the painters themselves.
Painters are exposed to numerous chemical solvents, pigments, and additives. They can also be exposed to other workplace hazards such as asbestos and crystalline silica. The available information is not specific enough to identify particular agents as the cause of the excess lung or bladder cancers. It also cannot be determined whether the cancer risks have increased or decreased with changes in the solvents, pigments, and additives used in paints.
Occupational exposure as a firefighter is “possibly carcinogenic to humans”
Epidemiologic studies of firefighters have noted excess cancer risks compared with the general population. Consistent patterns are difficult to discern due to the large variations in exposure across different types of fires and different groups of firefighters. Relative risks were consistently increased, however, for three types of cancer: testicular cancer, prostate cancer, and non-Hodgkin lymphoma.
Acute and chronic inflammatory respiratory effects have been noted in firefighters, and this would provide a plausible mechanism for respiratory carcinogenesis. Firefighters are exposed to numerous toxic chemicals, including many known or suspected carcinogens. These intermittent exposures can be intense, and short-term exposure levels can be high for respirable particulate matter and for several carcinogens, notably benzene, benzo[a]pyrene, 1,3-butadiene, and formaldehyde.
What is new, and what do these results mean to me?
"These are IARC’s first evaluations of shiftwork and firefighting. Because there is credible evidence linking these occupations with increased risks of cancer, it is important that further studies be conducted to better identify what it is about such occupations that may increase the risk of cancer so that preventive measures can be implemented to avoid such risks", concluded Dr Peter Boyle, Director of the International Agency for Research on Cancer.
Occupational exposure as a painter has been classified since 1989 as carcinogenic to humans, and this new evaluation has linked painting to lung cancer and bladder cancer. The new evaluation also suggests that maternal exposure may be associated with childhood leukaemia. It is important that further studies be conducted in this area to confirm whether this risk is real and to identify precautionary measures that are appropriate to consider.
ABOUT THE IARC MONOGRAPHS
What are the IARC Monographs?
The IARC Monographs identify environmental factors that can increase the risk of human cancer. These include chemicals, complex mixtures, occupational exposures, physical and biological agents, and lifestyle factors. National health agencies use this information as scientific support for their actions to prevent exposure to potential carcinogens. Interdisciplinary working groups of expert scientists review the published studies and evaluate the weight of the evidence that an agent can increase the risk of cancer. The principles, procedures, and scientific criteria that guide the evaluations are described in the Preamble to the IARC Monographs.
Since 1971, more than 900 agents have been evaluated, of which approximately 400 have been identified as carcinogenic or potentially carcinogenic to humans.
Definitions
Group 1: The agent is carcinogenic to humans.
This category is used when there is sufficient evidence of carcinogenicity in humans. Exceptionally, an agent may be placed in this category when evidence of carcinogenicity in humans is less than sufficient but there is sufficient evidence of carcinogenicity in experimental animals and strong evidence in exposed humans that the agent acts through a relevant mechanism of carcinogenicity.
Group 2.
This category includes agents for which, at one extreme, the degree of evidence of carcinogenicity in humans is almost sufficient, as well as those for which, at the other extreme, there are no human data but for which there is evidence of carcinogenicity in experimental animals. Agents are assigned to either Group 2A (probably carcinogenic to humans) or Group 2B (possibly carcinogenic to humans) on the basis of epidemiological and experimental evidence of carcinogenicity and mechanistic and other relevant data. The terms probably carcinogenic and possibly carcinogenic have no quantitative significance and are used simply as descriptors of different levels of evidence of human carcinogenicity, with probably carcinogenic signifying a higher level of evidence than possibly carcinogenic.
Group 2A: The agent is probably carcinogenic to humans.
This category is used when there is limited evidence of carcinogenicity in humans and sufficient evidence of carcinogenicity in experimental animals. In some cases, an agent may be classified in this category when there is inadequate evidence of carcinogenicity in humans and sufficient evidence of carcinogenicity in experimental animals and strong evidence that the carcinogenesis is mediated by a mechanism that also operates in humans. Exceptionally, an agent may be classified in this category solely on the basis of limited evidence of carcinogenicity in humans. An agent may be assigned to this category if it clearly belongs, based on mechanistic considerations, to a class of agents for which one or more members have been classified in Group 1 or Group 2A.
Group 2B: The agent is possibly carcinogenic to humans.
This category is used for agents for which there is limited evidence of carcinogenicity in humans and less than sufficient evidence of carcinogenicity in experimental animals. It may also be used when there is inadequate evidence of carcinogenicity in humans but there is sufficient evidence of carcinogenicity in experimental animals. In some instances, an agent for which there is inadequate evidence of carcinogenicity in humans and less than sufficient evidence of carcinogenicity in experimental animals together with supporting evidence from mechanistic and other relevant data may be placed in this group. An agent may be classified in this category solely on the basis of strong evidence from mechanistic and other relevant data.
Group 3: The agent is not classifiable as to its carcinogenicity to humans.
This category is used most commonly for agents for which the evidence of carcinogenicity is inadequate in humans and inadequate or limited in experimental animals.
Exceptionally, agents for which the evidence of carcinogenicity is inadequate in humans but sufficient in experimental animals may be placed in this category when there is strong evidence that the mechanism of carcinogenicity in experimental animals does not operate in humans.
Agents that do not fall into any other group are also placed in this category.
An evaluation in Group 3 is not a determination of non-carcinogenicity or overall safety. It often means that further research is needed, especially when exposures are widespread or the cancer data are consistent with differing interpretations.
Group 4: The agent is probably not carcinogenic to humans.
This category is used for agents for which there is evidence suggesting lack of carcinogenicity in humans and in experimental animals. In some instances, agents for which there is inadequate evidence of carcinogenicity in humans but evidence suggesting lack of carcinogenicity in experimental animals, consistently and strongly supported by a broad range of mechanistic and other relevant data, may be classified in this group.
Thursday, February 25, 2010
The Occupational Disease Pilot Program & Healthcare
Click here to listen to the interview (duration 27:58): http://tinyurl.com/ycxee3y
MP3 Link: http://tinyurl.com/ybanu3v (20.6MB)
To read more about the Libby MT Pilot Project click here.
To read more about workers’ compensation and universal health care solutions click here.
Thursday, February 18, 2010
Camp Lejeune Toxic Exposure
Benzene was reported in the well water used for drinking on the base. The substance has been causally linked to cancer.It has been alleged that a dry cleaners leaked the toxin into the water for over three decades. Benzene has been liked to childhood cancers and birth defects.
Representative Brad Miller (D-NC) has requested an investigation into the exposure and possible concealment of information. As many as 1 million may have been exposed.
Click here to read more about claims arising out of benzene contamination.
Tuesday, February 9, 2010
Secretary at Former Asbestos Plant Awarded $17.87 Million
The lawsuit alleged that Pneumo Abex LLC and Honeywell International Inc. and their corporate predecessors knew of the dangers of asbestos and failed to warn their employees and customers of the hazards.
UNARCO also operated an asbestos plant in Paterson NJ from 1942 through November, 1954. It produced asbestos pipe covering and textile material for US Navy ships and and others. The Paterson NJ group of workers, and their families, became the cohort group for sentinel studies conducted by the late Irving J. Selikoff, MD (1915-1992), who linked asbestos exposure to various disease including: asbestosis, lung cancer and mesothelioma. Those studies ultimately lead to a world renown conference in 1964 sponsored by The New York Academy of Sciences.
Asbestos is still mined in Canada. The use of asbestos in the United States has yet to be banned in the United States.
Disease caused by asbestos has resulted in an epidemic of disease and resulting massive amounts of workers' compensation occupational exposure claims and civil actions. Asbestos litigation has been deemed "The Longest Running Tort in American History."
Click here to read more about asbestos and workers compensation.
Click to read more about asbestos litigation.
Thursday, January 14, 2010
New OSHA Booklet Sets Forth Hexavalent Chromium Standard
this substance include lung cancer and damage to the nose, throat and
respiratory system.
"Hexavalent chromium is a powerful lung carcinogen and exposure to this chemical must be minimized," said Assistant Secretary of Labor for OSHA David Michaels. "OSHA provides guidance on its standards to ensure that employers and workers know the best ways to prevent workplace injuries and illnesses."
Click here to read more about Hexavalent Chromium and workers' compensation.
Click here to read about Hexavalent Chromium and potential litigation for benefits.
Sunday, January 3, 2010
OSHA Moving to Finalize Crystalline Silica Exposure Standard
Silicosis was one of the enumerated occupational diseases that were universally included into workers' compensation statutes about 40 years after the enactment of the initial model acts were adopted, at the behest of Industry, to avoid civil liability actions. Occupational disease claims continue to be problematic for State compensation systems.
"Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a uniquely occupational disease resulting from exposure of employees over long periods of time (10 years or more). Exposure to high levels of respirable crystalline silica causes acute or accelerated forms of silicosis that are ultimately fatal. The current OSHA permissible exposure limit (PEL) for general industry is based on a formula recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) in 1971 (PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current PEL for construction and maritime (derived from ACGIH's 1962 Threshold Limit Value) is based on particle counting technology, which is considered obsolete. NIOSH and ACGIH recommend 50µg/m3 and 25µg/m3 exposure limits, respectively, for respirable crystalline silica. Both industry and worker groups have recognized that a comprehensive standard for crystalline silica is needed to provide for exposure monitoring, medical surveillance, and worker training. The American Society for Testing and Materials (ASTM) has published a recommended standard for addressing the hazards of crystalline silica. The Building Construction Trades Department of the AFL-CIO has also developed a recommended comprehensive program standard. These standards include provisions for methods of compliance, exposure monitoring, training, and medical surveillance. "
It is anticipated that the Peer Review phase will be completed in January 2010 and that NPRM (Notice of Proposed Rulemaking ) will be completed in July 2010.
The proposed Rules, 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations.)
Friday, January 1, 2010
Older Energy Workers Occupationally Ill
"The age-standardized prevalence ratio of COPD among DOE workers compared to all NHANES III data was 1.3. Internal analyses found the odds ratio of COPD to range from 1.6 to 3.1 by trade after adjustment for age, race, sex, smoking, and duration of DOE employment. Statistically significant associations were observed for COPD and exposures to asbestos, silica, welding, cement dusts, and some tasks associated with exposures to paints, solvents, and removal of paints."
Click here to read more about energy workers and workers' compensation.
Thursday, October 8, 2009
The Toxic Legacy in Iraq
The Public Education Center (PEC) has published the second in a series of investigative articles concerning the toxic exposure of Army National Guard Units to cancer-casuing chemicals allegedly released by a government contractor, KBR, Inc.
The exposure was a result of a release by KBR, Inc. to, “...dichromate, a rust-fighting industrial chemical and highly-concentrated hexavalent chromium compound, Hexavalent chromium.” Hexavalent chromium has been described as the most toxic chemical known to man.
The series entitled, “No Contractor Left Behind,” chronicles “...chronicles how a toxic time bomb followed three Army National Guard units home from Iraq. It reveals how a notorious military contractor exposed American soldiers to a cancer-causing carcinogen on the battlefield and how the Pentagon tried to downplay the consequences. And it describes how Congress has relegated its investigation to a toothless forum that lacks the political clout and oversight powers to ensure effective accountability.”
A law suit has been filed by 30 West Virginia National Guardsman because of the exposure. Last month a Pittsburg shoulder who served in Iraq and was also exposed filed a law suit seeking damages for the consequences of his exposure.
For additional article on the Halliburton-KBR Litigation click here.
Friday, September 11, 2009
Breast Cancer Linked to Night Shift Work by Danish Compensation System
Friday, July 17, 2009
ADAO honors asbestos victim and nurse for 2010 Asbestos Awareness Day
The ADAO also announced that its 6th Annual Asbestos Disease Awareness Conference will be held April 9-10, 2010 in Chicago, IL. The purpose of this conference is to provide the latest occupational, medical and environmental information about asbestos-related illness. Registration and sponsorship opportunities will be announced in September 2009.
Read more about asbestos and asbestos-related diseases.
Sunday, February 15, 2009
Pittsburg Corning to Plans to Pay Asbestos Victims $825 Million
PPG had filed for bankruptcy protection in 2000 under because of alleged potential asbestos lawsuit liabilities. Asbestos fiber, which the company supplied and manufactured, has been linked to asbestos related diseases in former asbestos workers, users and household contacts of former workers, including: asbestosis, lung cancer and mesothelioma.
"While we continue to believe PPG is not responsible for injuries caused by Pittsburgh Corning products, this amended plan would permanently resolve PPG's asbestos liabilities associated with Pittsburgh Corning," James C. Diggs, PPG's senior VP, general counsel and secretary, said in the statement.
The trust would be funded with $1.6 Billion in cash payments through 2027. Approval of the reorganization plan is required.
Thursday, October 11, 2007
Losing the workplace cancer fight – BBC
You can listen to the programme online at: http://www.bbc.co.uk/radio/aod/radio4_aod.shtml?radio4/fileon4
Duration: 37mins File Size: 18Mb
Podcast: Download Episode
http://downloads.bbc.co.uk/podcasts/radio4/fileon4/fileon4_20071009-2130.mp3
Related materials are available online at: www.hazards.org/cancer and www.hazards.org/cancer/preventionkit
Losing the workplace cancer fight
By Tim Whewell
BBC Radio 4, File On 4
The HSE is responsible for workplace safety
Occupational cancer is a quiet almost invisible epidemic picking off its victims years after they were first exposed to the risk.
It is one of the areas of workplace safety that the Health and Safety Executive (HSE) is responsible for.
Yet according to a new study published on Tuesday its occupational cancer figures are out of date.
The HSE's figures say 6,000 people die annually of work related cancers.
We know that the existing figures are wrong because of the basis of the calculation that was done some 25 years ago
Prof Andrew Watterson
But the study by Prof Andrew Watterson of Stirling University has found that between 18,000 to 24,000 people a year die of occupationally caused cancers.
"We know that the existing figures are wrong because of the basis of the calculation that was done some 25 years ago," he said.
"They looked at small number of - at that time - large industries. There are many more small to medium sized enterprises now where there may be exposures."
The HSE accepts its figures are out of date but the academic charged with reviewing them, believes they will only show a small increase.
Lesley Rushton of Imperial College said: "Because we are adding more cancers the estimates will rise."
But he added that figures for the six cancers in the HSE's original research will not differ greatly.
Cancer cluster
One of the newer industries Professor Watterson believes the HSE's data does not take into account is microelectronics.
Eleven years after Grace Morrison left the National Semiconductor factory in Greenock, near Glasgow she still has no explanation for what she and many other former workers saw as a cancer cluster in the area.
Grace was diagnosed with cancer and in the same week her sister, who also worked at the plant was found to have leukaemia which eventually claimed her life.
"It was a dreadful time my sister endured two years of hell with the treatment she was having.
Female cancers
"She survived two years and I'm still in remission."
Eventually after a local campaign, the HSE agreed to look into complaints by the firm's employees.
One theory was their cancer stemmed at least partly from exposure to some the chemicals the workers added to tiny silicon discs as part of the microchip production process.
The HSE's 2001 report found two to three times the expected rate of female lung cancer and four to five times the expected rate of female stomach cancers.
'No proof'
It found no immediate proof of a link but said further study was needed urgently yet this work only began this year.
Minutes of meetings of the Microelectronics Working Group, which brings together industry representatives, trade unions, and the HSE, obtained by File On 4 indicate disagreements between the various sides that may help explain the delay in starting the more detailed follow-up study.
One, for example, was over the remit of the new research, with National Semiconductor apparently wanting it limited to lung cancer.
The company declined a request for an interview, but in a statement they said: "There is NO proof that working at National Semiconductor in Greenock has caused an increased risk of employees developing cancer
"Although we have had some concerns regarding the HSE's proposed follow-on study, we have worked closely with the HSE to provide timely comments and information to them.
"National Semiconductor is continuing to work with the HSE on its follow-up study and until this study is completed it would be inappropriate for us to comment further.
"The health and safety of our employees is of paramount importance and we remain committed to providing a safe working environment.
"This is highlighted by the numerous awards secured by the company from organisations such as the Royal Society for the Prevention of Accidents and the British Safety Council and National is one of the top Environmental Health and Safety performers in the UK."
Enforcement action
Steve Coldrick, head of the HSE's disease reduction programme, denied that the micro electronics industry was slow to agree to cooperate with in depth studies.
"The key point is the follow up is a further study so it is not an enforcement action," he said.
"It requires the co-operation and collaboration of the people concerned and the follow up study has started.
"You are talking about six years, but it is determining at the rate of other people as well.
"If other people do not think it is urgent and we have no regulatory force behind it, we are dependent on the pace at which they will go."
You can learn more about this story from File On 4, at 2000 BST, Tuesday 9 October 2007, repeated Sunday 14 October 1700 BST.
http://news.bbc.co.uk/1/hi/programmes