Toxic Legacy: Unmasking Asbestos's Dangerous Past and Present

Asbestos has long been a significant public health concern, and the Environmental Protection Agency (EPA) continues to take decisive steps to evaluate and mitigate its risks. The recent Notice of Availability for the Action: Notice Asbestos Part 2 Supplemental Evaluation (Docket ID #: EPA-HQ-OPPT-2021-0254) represents a crucial milestone in addressing this persistent environmental and health challenge.

Bird Flu: Is Human-to-Human Spread Taking Flight?

The Centers for Disease Control and Prevention [CDC] alert from September 27, 2024, raises concerns about human-to-human transmission of bird flu among workers. If this occurs, it will create a major occupational disease outbreak in the workplace that may severely impact workers’ compensation claims.

EPA Moves to Ban Dacthal: Worker Safety Concerns

The US EPA's proposed rule to ban Dacthal (DCPA) is rooted in concerns about the significant health risks it poses, particularly to workers who handle the pesticide or work in treated fields. Dacthal has been shown to disrupt thyroid hormone levels in fetuses, potentially leading to long-term developmental issues such as low birth weight, impaired brain development, decreased IQ, and motor skill deficits.

Analysis of US EPA's Draft Risk Evaluation for Formaldehyde and Worker Health

The U.S. Environmental Protection Agency's (EPA) draft risk evaluation of formaldehyde, released on March 15, 2024, raises significant concerns for worker health and worker compensation risk exposure.

Toxic Flight Attendant Uniforms Result in a $1.1 Million Verdict

Wearing an employer-designated work uniform shouldn’t result in severe and debilitating occupational exposures. Unfortunately, some American Airlines flight attendants suffered injuries from wearing the flight uniforms prescribed by their employer. The lawsuit that they filed lawsuit resulted in a $1.1 Million award.

Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des Fréquences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”

EPA Seeks Reporting of Asbestos Fibers

The U.S. Environmental Protection Agency (EPA) announced a final rule to require comprehensive reporting on all six fiber types of asbestos as the agency continues its work to address exposure to this known carcinogen and strengthen the evidence that will be used to protect people from this dangerous chemical further. Historically asbestos, a known carcinogen, has been present in workplaces causing significant occupational exposures to workers, sometimes fatal, and has generated a long wave of workers’ compensation claims.

NJ Workers at Risk Now for West Nile Virus

New Jersey workers again are now at risk for West Nile Virus. The warnings of the mosquito-borne illness are an alert for New Jersey workers to take adequate precautions against this infectious disease.The New Jersey Department of Health has confirmed the state’s first human cases of West Nile Virus (WNV) this year.

NJ Sues Several Companies for Environmental Pollution

Acting Attorney General Matthew J. Platkin and Commissioner of Environmental Protection (DEP) Shawn M. LaTourette announced today the filing of seven new environmental enforcement actions across the state.

The Toxic Legacy of Ford Motor Company

The State of New Jersey is suing Ford Motor Company [FMC] for environmental pollution due to dumping its toxic waste in Ringwood, New Jersey. FMC operated a huge assembly plant in Mahwah, New Jersey, from 1955 through June 1980. 

EPA Proposes to Ban Ongoing Uses of Asbestos

In a historic step, the US Environmental Protection Administration [EPA] is moving to protect people from cancer risks and is moving to ban asbestos in the US. The EPA has proposed its first-ever risk management rule under the 2016 Lautenberg Chemical Safety Act.

California appeals court upholds verdict against Monsanto for Roundup exposure

The claims of occupational exposures of landscapers and groundskeepers to herbicides such as Roundup were received further support by a recent decision by the California Court of Appeals. The Court affirmed the verdict of the trial court upholding the finding causal relationship between the product and cancer.

OSHA issues proposes rule to update hazard communication standard

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today issued a proposed rule to update the agency’s Hazard Communication Standard (HCS) to align with the seventh revision of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

Fourteen Attorney Generals Criticizes EPA for Failing to Protect Americans from Asbestos, a Long-Known Dangerous Carcinogen

California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey, leading a coalition of 14 attorneys general, including New Jersey Attorney General Gurbir S. Grewal, submitted comments criticizing the Environmental Protection Agency’s (EPA) finding that certain uses of asbestos present no unreasonable risk to human health. In the comment letter, the coalition argues that the EPA’s draft risk evaluation for asbestos violates the Toxic Substances Control Act (TSCA) and Congress' intent that the EPA consider all uses of asbestos in its evaluation. The coalition notes the finding is unsupported by the EPA's own assessment and urges the agency to obtain the information it has admitted it needs to conduct the necessary, thorough evaluations of the risks presented by this chemical.

California Governor Newsom Announces Workers’ Compensation Benefits for Workers who Contract COVID-19 During Stay at Home Order

The state of California joins A growing number of states who are now liberalizing access to Workers Compensation. benefits for injured workers. New Jersey will be discussing similar legislation next week in Trenton New Jersey (NJ S2380).

The Compensability of a Cellphone Radiation Exposure

A pending case in California may have significant impact on potential workers’ compensation claims throughout the country. The case involves the causal relationship of radio frequency [RF] radiation emitted by cellphones and human cancer. Cohen v. Apple, Inc., et. al, Case 5:19-cv-05322 (Filed 08/23/19) USDCT-North District California - San Jose Division.

White House Contamination Highlights Asbestos Controversy

Ivanka Trump, Kellyanne Conway and other senior White House aides have vacated their West Wing offices while asbestos is removed – even as the Trump administration is manipulating a federal chemical safety law to keep asbestos legal.

Occupational Exposure to Diacetyl and Acetaldehyde Results in Compensable Colorectal Cancer

An employee exposed at work to flavoring ingredients including Diacetyl and Acetaldehyde, was awarded workers’ compensation benefits as a result of being diagnosed with colorectal cancer. The case is significant because the Court adopted scientific evidence that associated chemical exposure in the workplace to an increased risk of a malignancy based on expert testimony that by DNA testing, the exposed worker’s body could not detoxify from the hazardous chemical.

Workers Who Are Non-Smokers Suffer from Chronic Obstructive Pulmonary Disease [COPD]

Approximately 25% of adults with chronic obstructive pulmonary disease (COPD) have never smoked, and workplace exposures likely contribute to much of their disease. A recent report from the Centers for Disease Control and Prevention [CDC] that 24% of workers who suffer from COPD never smoked. Among these persons, 26%–53% of COPD can be attributed to workplace exposures, including dust, fumes, gases, vapors, and secondhand smoke exposure.

US EPA Continues to Shield the Asbestos Industry

Trump EPA Moves To Shield Info on Asbestos Imports and Use From Public

The Trump administration has denied a petition by a coalition of environmental groups calling for increased reporting of asbestos importation and use by U.S. manufacturers – despite a sharp rise in asbestos imports into U.S. ports.