DuPont wants to clean up its former Pompton Lakes munitions plant — contaminated with a litany of elements that can cause cancer and other illnesses — using far weaker standards than the state usually requires, a strategy that echoes prior attempts by polluters to push for less extensive cleanups at other sites in North Jersey. In its proposal, which was obtained by The Record through a federal public records request, DuPont says it would leave some of the contaminated soil in place and cap it. Other sections would be excavated, with some of that soil sealed in two old tunnels carved out of a ridge on the property. The plan is drawing strong criticism from state and federal environmental agencies that must sign off before any action can take place. Negotiations with the company are ongoing. The proposal is also sparking concern from neighbors whose homes now sit over a plume of groundwater contaminated by toxic substances that migrated from the plant. DuPont’s sprawling 600-acre campus was once dotted with buildings that made ammunition for the United States for more than a century; a powder factory was considered so vital during the Spanish-American War that... |
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(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Showing posts with label workers compensation. Show all posts
Showing posts with label workers compensation. Show all posts
Monday, August 18, 2014
DuPont wants Pompton Lakes cleanup eased
Today's post is hared from northjersey.com
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Banning Asbestos - WHO European Region Sets Plans
Today's post is shared from euro.who.int
Asbestos is one of the most severe and widespread environmental health hazards in the WHO European Region, and is responsible for half of fatal cancers linked to exposure at work. To discuss activities to put an end to asbestos-related diseases, representatives from 16 Member States in the WHO European Region and experts in occupational health and cancer registries met in Bonn, Germany, on 10–11 June 2014.
They evaluated progress made since the 2010 Parma Declaration and emphasized the need for WHO support to develop national programmes on asbestos elimination. The Parma Declaration commits governments in the European Region to take action on a range of environmental issues affecting health. This includes commitments to act on the identified risks of exposure to carcinogens, including asbestos, and to develop national programmes for the elimination of asbestos-related diseases by 2015, in collaboration with WHO and the International Labour Organization (ILO).
Asbestos: a silent killer
More than 107 000 people worldwide die every year from asbestos exposure at work. This insidious killer generates fatal diseases such as lung cancer, mesothelioma and asbestosis several decades after exposure.
In the European Region 37 countries have banned the use of all forms of asbestos, following WHO and ILO recommendations. Nevertheless, an estimated 300 million people are still exposed to asbestos at work, as well as out of work. In some countries asbestos is still produced, traded and used.
The most efficient way to eliminate asbestos-related diseases is to stop the use of all forms of asbestos because:
Asbestos is one of the most severe and widespread environmental health hazards in the WHO European Region, and is responsible for half of fatal cancers linked to exposure at work. To discuss activities to put an end to asbestos-related diseases, representatives from 16 Member States in the WHO European Region and experts in occupational health and cancer registries met in Bonn, Germany, on 10–11 June 2014.
Photo Credit: WHO Participants at a meeting on asbestos elimination in Bonn, Germany, on 10-11 June 2014 |
They evaluated progress made since the 2010 Parma Declaration and emphasized the need for WHO support to develop national programmes on asbestos elimination. The Parma Declaration commits governments in the European Region to take action on a range of environmental issues affecting health. This includes commitments to act on the identified risks of exposure to carcinogens, including asbestos, and to develop national programmes for the elimination of asbestos-related diseases by 2015, in collaboration with WHO and the International Labour Organization (ILO).
Asbestos: a silent killer
More than 107 000 people worldwide die every year from asbestos exposure at work. This insidious killer generates fatal diseases such as lung cancer, mesothelioma and asbestosis several decades after exposure.
In the European Region 37 countries have banned the use of all forms of asbestos, following WHO and ILO recommendations. Nevertheless, an estimated 300 million people are still exposed to asbestos at work, as well as out of work. In some countries asbestos is still produced, traded and used.
The most efficient way to eliminate asbestos-related diseases is to stop the use of all forms of asbestos because:
- there is no safe level of asbestos exposure
- cancer risks are increased even with very low-level exposures
- all forms of asbestos are carcinogenic to humans
- asbestos can be substituted with safer materials.
Asbestos-free zone – the way forward
During the meeting participants highlighted the need to establish proper national registers on occupational diseases and on cancers, in order to:
Training for health care practitioners in detecting and reporting asbestos-related diseases should be introduced or strengthened to track the link between exposure and disease and to gather proper data.
Issues related to asbestos removal were also discussed; this led Member States to ask for support to develop waste management strategies and to identify asbestos substitutes.
The meeting was hosted by the WHO European Centre for Environment and Health and co-financed by the German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB).
During the meeting participants highlighted the need to establish proper national registers on occupational diseases and on cancers, in order to:
- assess national situations
- promote action and take appropriate measures
- raise awareness on the issues among policy-makers and the general population.
Training for health care practitioners in detecting and reporting asbestos-related diseases should be introduced or strengthened to track the link between exposure and disease and to gather proper data.
Issues related to asbestos removal were also discussed; this led Member States to ask for support to develop waste management strategies and to identify asbestos substitutes.
The meeting was hosted by the WHO European Centre for Environment and Health and co-financed by the German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB).
….
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.
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State Sen. Leland Yee allegedly solicited bribes for NFL Workers’ Compensation Law
The NFL controversy involving workers' compensation claims continues to heat up. Today's post by Brett Gowen of the California Bar is shared from fbgslaw.com
As part of the ongoing saga of State Senator Leland Yee, a new charge for racketeering was given by a federal grand jury. As part of the indictment, Sen. Yee allegedly solicited $60,000 for Yee’s vote and another senator’s vote on a bill dealing with limiting workers’ compensation benefits for NFL players. According to the indictment, Sen. Yee believed the money would be paid by a NFL team owner according to an LA Times article.
Attorney, Melissa Brown at Fraulob Brown Gowen & Snapp, has a connection to the NFL and their treatment of injured players. Ms. Brown was retained as an expert witness for the NFL Players’ Association at an arbitration hearing involving a workers’ compensation law dispute with NFL owners. The arbitration, and the flurry of lawsuits involving NFL injuries, is part of the growing recognition of the impact the game has on the long-term health of the players.
Brett Gowen |
As part of the ongoing saga of State Senator Leland Yee, a new charge for racketeering was given by a federal grand jury. As part of the indictment, Sen. Yee allegedly solicited $60,000 for Yee’s vote and another senator’s vote on a bill dealing with limiting workers’ compensation benefits for NFL players. According to the indictment, Sen. Yee believed the money would be paid by a NFL team owner according to an LA Times article.
Attorney, Melissa Brown at Fraulob Brown Gowen & Snapp, has a connection to the NFL and their treatment of injured players. Ms. Brown was retained as an expert witness for the NFL Players’ Association at an arbitration hearing involving a workers’ compensation law dispute with NFL owners. The arbitration, and the flurry of lawsuits involving NFL injuries, is part of the growing recognition of the impact the game has on the long-term health of the players.
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- Leland Yee: New racketeering count against California state senator adds to gravity of case (mercurynews.com)
- Editorial: Indicted California senators insult voters by collecting salary (sacbee.com)
- Brown Testifies in NFL Arbitration - Pacific McGeorge School of Law (workers-compensation.blogspot.com)
- NFL Players' Association has Melissa C. Brown on Their Team (workers-compensation.blogspot.com)
- California limits workers' comp sports injury claims (workers-compensation.blogspot.com)
- California's Independent Medical Review System Unreasonably Denies Injured Workers Benefits (workers-compensation.blogspot.com)
Sunday, August 17, 2014
Starbucks to Revise Policies to End Irregular Schedules for Its 130,000 Baristas
Starbucks announced revisions on Thursday to the way the company schedules its 130,000 baristas, saying it wanted to improve “stability and consistency” in work hours week to week. The company intends to curb the much-loathed practice of “clopening,” or workers closing the store late at night and returning just a few hours later to reopen, wrote Cliff Burrows, the group president in charge of American stores, in an email to baristas across the country. He specified that all work hours must be posted at least one week in advance, a policy that has been only loosely followed in the past. Baristas with more than an hour’s commute will be given the option to transfer to more convenient locations, he wrote, adding that scheduling software will be revised to allow more input from managers. The changes came in response to an article on Wednesday in The New York Times about a single mother struggling to keep up with erratic hours set by automated software. “This has given us a real opportunity to hear partners’ voices and say, ‘Are we being clear enough, and are our intents and practices being followed?’ ” Mr. Burrows said in a phone interview. Though Mr. Burrows vowed in his letter to revise the company’s scheduling software, he could not say exactly how in the interview. The change comes amid a growing push to curb scheduling practices, enabled by sophisticated software, that can cause havoc in employees’... |
A California Hospital Charged $10,000 for a Cholesterol Test
By now, I assume we all know that hospitals charge widely varying rates for similar procedures. But it's often hard to pinpoint exactly what's going on. Sometimes it's due to the amount of regional competition. Sometimes the procedures in question vary in ways that simple coding schemes don't pick up. Some doctors are better than others. And of course, hospitals inflate their list prices by different amounts. All that said, be prepared for your jaw to drop: Researchers studied charges for a variety of tests at 160 to 180 California hospitals in 2011 and found a huge variation in prices. The average charge for a basic metabolic panel, which measures sodium, potassium and glucose levels, among other indicators, was $214. But hospitals charged from $35 to $7,303, depending on the facility. None of the hospitals were identified.A lipid panel! This is as standardized a procedure as you could ask for. It's fast, highly automated, identical between hospitals, and has no association with the quality of the doctor who ordered the test. You still might see the usual 2:1 or 3:1 difference in prices, but 1000:1? So what accounts for... |
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Saturday, August 16, 2014
Judge rules Florida workers' compensation law unconstitutional
The emasculation of the US workers' compensation system continues as the economic unbalance in the nation has escalates. Ironically the latest assault is a successful constitutional challenged by the organized bar of diminishing legal representatives of injured workers. The judicial decision may result in potential political upheaval as Florida is facing an upcoming gubernatorial election. More importantly the decision is yet another signal that workers' compensation as a social remedial legislation has failed to dynamically adapt to its changing role in the nation's evolving medical delivery network and disability benefit structure.
Today's post is shared from jurist.com
The 11th Judicial Circuit Court of Florida [official website] in Miami on Wednesday ruled [order, PDF] that Florida's workers' compensation law [text] is unconstitutional. Prior to the ruling, Attorney General Pam Bondi [official website] issued a response [text, PDF] to the court's order to show cause, asking the court to rule the law as unconstitutional in the form of an advisory opinion. In his ruling, Judge Jorge Cueto stated that the law is the exclusive remedy for injured workers, and therefore, only under rare circumstances can they sue their employers. Pursuant to Florida Supreme Court precedent, to be a constitutional worker's compensation act, it must provide some level of permanent partial disability benefit. Because it does not provide these remedies, the judge found that the act does is not an adequate replacement for the tort remedies that it supplanted.
Workers' rights continue to be an issue in the US. Last month, the US Supreme Court [official website] granted certiorari [JURIST report] in eight cases, including Young v. United Parcel Service [docket; cert. petition, PDF]. In that case, the court will consider whether, and in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide work accommodations to pregnant employees who are "similar in their ability or inability to work."
Today's post is shared from jurist.com
The 11th Judicial Circuit Court of Florida [official website] in Miami on Wednesday ruled [order, PDF] that Florida's workers' compensation law [text] is unconstitutional. Prior to the ruling, Attorney General Pam Bondi [official website] issued a response [text, PDF] to the court's order to show cause, asking the court to rule the law as unconstitutional in the form of an advisory opinion. In his ruling, Judge Jorge Cueto stated that the law is the exclusive remedy for injured workers, and therefore, only under rare circumstances can they sue their employers. Pursuant to Florida Supreme Court precedent, to be a constitutional worker's compensation act, it must provide some level of permanent partial disability benefit. Because it does not provide these remedies, the judge found that the act does is not an adequate replacement for the tort remedies that it supplanted.
Workers' rights continue to be an issue in the US. Last month, the US Supreme Court [official website] granted certiorari [JURIST report] in eight cases, including Young v. United Parcel Service [docket; cert. petition, PDF]. In that case, the court will consider whether, and in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide work accommodations to pregnant employees who are "similar in their ability or inability to work."
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- Injured employees cheated by workers' comp law, Miami-Dade judge says
- US Supreme Court to Determine Who is A Dependent
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Tuesday, August 12, 2014
The Trucking Industry Needs More Drivers. Maybe It Needs to Pay More.
Swift Transportation’s 20,000 workers haul goods in almost 14,000 big-rig trucks that travel the interstates and back roads of the United States every day. The company’s performance is closely tied to the nation’s economy, which has been looking increasingly sunny lately. So it was surprising last month when Swift’s stock plummeted nearly 18 percent in a single day. The tumble came for an odd reason. It wasn’t because there was too little business — but rather, too much. “We were constrained by the challenging driver market,” the company said in its quarterly earnings announcement. “Our driver turnover and unseated truck count were higher than anticipated.” In other words, Swift had plenty of customers wanting to ship goods. But in a time of elevated unemployment, it somehow couldn’t find enough drivers to take those goods from Point A to Point B. How is that possible? The reasons for that conundrum tell us a great deal about what has been ailing American workers and why a full-throated economic recovery has been so slow in coming. Consider this: The American Trucking Associations has estimated that there was a shortage of 30,000 qualified drivers earlier this year, a number on track to rise to 200,000 over the next decade. Trucking companies are turning down business for want of workers. Yet the idea that there is a huge shortage of truck drivers flies in the face of a jobless rate of more than 6 percent, not to... |
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Colgate Total Ingredient Linked to Hormones, Cancer Spotlights FDA Process
Photographer: Daniel Acker/Bloomberg The chemical triclosan has been linked to cancer-cell growth and disrupted development in animals. Regulators are reviewing whether it’s safe to put in soap, cutting boards and toys. Consumer companies are phasing it out. Minnesota voted in May to ban it in many products. At the same time, millions of Americans are putting it in their mouths every day, by way of a top-selling toothpaste that uses the antibacterial chemical to head off gum disease -- Colgate-Palmolive Co.’s Total. Total is safe, Colgate says, citing the rigorous Food and Drug Administration process that led to the toothpaste’s 1997 approval as an over-the-counter drug. A closer look at that application process, however, reveals that some of the scientific findings Colgate put forward to establish triclosan’s safety in toothpaste weren’t black and white -- and weren’t, until this year, available to the public. Colgate’s Total application included 35 pages summarizing toxicology studies on triclosan, which the FDA withheld from view. The agency released the pages earlier this year in response to a lawsuit over a Freedom of Information Act request. Later, following inquiries from Bloomberg News, the FDA put the pages on its website. The pages show how even with one of the U.S.’s most stringent regulatory processes -- FDA approval of a new drug -- the government relies on company-backed science to show products are safe and... |
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Monday, August 11, 2014
These Two Desks Could Help You Live Longer
Today's post is shared from yahoo.com Have you heard the latest bad news? Sitting is the new smoking. According to one study, every workday you spend sitting costs you 2.5 hours off your lifespan. Sit six hours a day, and you’ll die 4.8 years sooner. It’s true even if you exercise regularly; this article explains why. Sitting also makes you fat, reduces bone density, contributes to heart disease, and makes you less productive. Great. These statistics are heaven-sent for the makers of standing desks — tall desks where you work standing — and sit/stand desks, which move up and down so you can split your time between sitting and standing. That’s supposed to be the healthiest arrangement of all. Unfortunately, first-generation hand-cranked sit/stand desks are the modern equivalent of treadmills: health equipment you buy with the best of intentions but wind up not using (except to drape clothing on). Ironically, the lazy person’s powered sit/stand desk, which goes up and down at the touch of a button, is much more likely to be used and therefore to yield better health results. The Stir Kinetic Desk Enter the Stir Kinetic Desk, the brainchild of JP Labrosse, a former Apple designer (he worked on the iPod Shuffle, among other projects). This baby fits right in with the Tesla sports car, Nest thermostat, and MacBook Air in a special circle of exquisitely designed, ultra-high-tech everyday goods that come at nosebleed prices. In the... |
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Thursday, August 7, 2014
How The 4-Day Workweek Could Revolutionize American Work Culture (WATCH)
As work-related stress levels are on the rise and burnout is increasingly taking a toll on employees, companies are searching for new and innovative ways to keep their teams feeling balanced, motivated and productive. While some employers allow workers to log in from home or enjoy shortened “summer Friday” hours, others are now turning to the four-day workweek model to help employees strike a better work-life balance. DigitalRelevance’s director of digital media relations Ashley Sherman and Beholder’s chief operating officer Emilia Andrews joined HuffPost Live host Caroline Modarressy-Tehrani today to discuss this rethinking of traditional office hours and the benefits it offers both employees and employers. “I’m less worried about all the things that I’m not doing in my personal life during those days,” said Sherman of the benefits of a four-day workweek. “I know that I have Friday to do that, so I can really focus and center in on what I need to get done for work those four days that I’m there.” Andrews had a similarly positive experience in shifting to the condensed workweek model at her company. “Communication went up exponentially," she said. “People were there with a focus, knew what needed to be done, and were able to get it done… I was smiling more. I was happier. I was excited to see the staff when we came back on Monday… We really were all just more excited and more... |
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ROTTEN IN DENMARK
July 29 2014 You might have thought that news of bad behavior in California’s workers’ comp system was hitting bottom. After all, could it get worse? Allegations of legislators taking money to help charlatans who profited off of the backs of injured workers (literally). Scads of doctors alleged to have taken kickbacks for prescribing questionable compound medicines one of which allegedly killed a baby. It appears that law enforcement authorities are now focusing on relationships between some applicant attorney firms and medical groups. In Southern California the Riverside County DA has executed a search warrant against a workers’ comp firm, California Injury Lawyers (CIL). Apparently this is a result of a long investigation into suspected workers’ comp fraud, targeting operations allegedly connected to an individual named Peyman Heidary who is said to have a financial interest in as many as nine medical clinics in the Los Angeles area. The details of the alleged bad behavior or fraud is unclear, and it must be noted that any allegations are currently just that, allegations. But this case has the potential to involve a number of Southern California health care providers as well as some lawyers. Meanwhile, last year’s workers’ comp bill AB 1309 seems to be the focus of new allegations in the federal case against State Senator Leland Yee. A grand jury indictment contains allegations that Yee suggested that in... |
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