A U.S. Department of Labor investigation into the fatal fall of a contractor at a Robbinsville NJ frozen food manufacturer identified a wide range of potentially fatal workplace hazards at CJ TMI Manufacturing America LLC, leading the department’s Occupational Safety and Health Administration to issue the employer citations for 36 violations and proposed $368,513 in penalties.
Showing posts sorted by date for query Hexavalent Chromium. Sort by relevance Show all posts
Showing posts sorted by date for query Hexavalent Chromium. Sort by relevance Show all posts
Friday, June 17, 2022
Tuesday, August 2, 2016
Wisconsin shipyard faces nearly $1.4M in OSHA penalties for exposing workers to lead, and other hazards
OSHA finds workers exposed to lead at levels up to 20 times the permissible exposure limit
SUPERIOR, Wis. - Federal health inspectors found Fraser Shipyards Inc. overexposed workers to lead during the retrofitting of a ship's engine room. The U.S. Department of Labor's Occupational Safety and Health Administration's sampling results determined 14 workers had lead levels up to 20 times the exposure limit. The agency also found workers exposed to other heavy metals.
Saturday, August 24, 2013
Limit urged for cancer-causing chromium in California drinking water
Today's post was shared by FairWarning and comes from www.latimes.com
State public health officials Thursday proposed the nation's first drinking-water standard for the carcinogen hexavalent chromium, at a level that elicited sighs of relief from municipal water managers and criticism from environmentalists.
At 10 parts per billion, the standard is 500 times greater than the non-enforceable public health goal set two years ago by the state Environmental Protection Agency.
The Department of Public Health described the proposed limit as a balance of public health, cost and treatment technology, but the agency acknowledged that economics were a key consideration.Mark Starr, deputy director of the Center for Environmental Health, said the state's aim was to determine the lowest possible limit for the toxic heavy metal "given the technology available and the cost in order to protect public health."
Environmentalists said the 10 parts per billion standard — the equivalent of about 10 drops in an Olympic-sized pool — was far too high. "Five hundred times higher than safe levels is not protective of public health," said Avinash Kar, an attorney with the Natural Resources Defense Council, which sued the state to issue the long-delayed standard.
Friday, May 24, 2013
EPA Adds the Riverside Industrial Park in Newark, New Jersey to the Superfund List
Seven Acre Site along the Passaic River Contaminated with PCBs and Volatile Organic Compounds
The U.S. Environmental Protection Agency has added the Riverside Industrial Park in Newark, New Jersey to the Superfund National Priorities List of the country’s most hazardous waste sites. After a 2009 spill of oily material from the industrial park into the Passaic River, the EPA discovered that chemicals, including benzene, mercury, chromium and arsenic, were improperly stored at the site. The agency took emergency actions to prevent further release of these chemicals into the river. Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs).
Benzene, mercury, chromium and arsenic are all highly toxic and can cause serious damage to people’s health and the environment. Many volatile organic compounds are known to cause cancer in animals and can cause cancer in people. Polychlorinated biphenyls are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems and are potentially cancer-causing.
EPA proposed the site to the Superfund list in September 2012 and encouraged the public to comment during a 60-day public comment period. After considering public comments and receiving the support of the New Jersey Department of Environmental Protection for listing the site, the EPA is putting it on the Superfund list.
“The EPA has kept people out of immediate danger from this contaminated industrial park and can now develop long-term plans to protect the community,” said Judith A. Enck, EPA Regional Administrator. “By adding the site to the Superfund list, the EPA can do the extensive investigation needed to determine the best ways to clean up the contamination and protect public health.”
Since the early 1900s, the Riverside Industrial Park, at 29 Riverside Avenue in Newark, has been used by many businesses, including a paint manufacturer, a packaging company and a chemical warehouse. The site covers approximately seven acres and contains a variety of industrial buildings, some of which are vacant. In 2009, at the request of the New Jersey Department of Environmental Protection, the EPA responded to an oil spill on the Passaic River that was eventually traced to the Riverside Avenue site. The state and the city of Newark requested the EPA’s help in assessing the contamination at the site and performing emergency actions to identify and stop the source of the spill.
The EPA plugged discharge pipes from several buildings and two tanks that were identified as the source of the contamination. In its initial assessment of the site, the EPA also found ten abandoned 12,000 to 15,000 gallon underground storage tanks containing hazardous waste, approximately one hundred 3,000 to 10,000 gallon aboveground storage tanks, two tanks containing oily waste, as well as dozens of 55-gallon drums and smaller containers. These containers held a variety of hazardous industrial waste and solvents. Two underground tanks and most of the other containers were removed by the EPA in 2012.
The EPA periodically proposes sites to the Superfund list and, after responding to public comments, designates them as final Superfund sites. The Superfund final designation makes them eligible for funds to conduct long-term cleanups.
The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The search for the parties responsible for the contamination at the Riverside Industrial Park site is ongoing.
The U.S. Environmental Protection Agency has added the Riverside Industrial Park in Newark, New Jersey to the Superfund National Priorities List of the country’s most hazardous waste sites. After a 2009 spill of oily material from the industrial park into the Passaic River, the EPA discovered that chemicals, including benzene, mercury, chromium and arsenic, were improperly stored at the site. The agency took emergency actions to prevent further release of these chemicals into the river. Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs).
Benzene, mercury, chromium and arsenic are all highly toxic and can cause serious damage to people’s health and the environment. Many volatile organic compounds are known to cause cancer in animals and can cause cancer in people. Polychlorinated biphenyls are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems and are potentially cancer-causing.
EPA proposed the site to the Superfund list in September 2012 and encouraged the public to comment during a 60-day public comment period. After considering public comments and receiving the support of the New Jersey Department of Environmental Protection for listing the site, the EPA is putting it on the Superfund list.
“The EPA has kept people out of immediate danger from this contaminated industrial park and can now develop long-term plans to protect the community,” said Judith A. Enck, EPA Regional Administrator. “By adding the site to the Superfund list, the EPA can do the extensive investigation needed to determine the best ways to clean up the contamination and protect public health.”
Since the early 1900s, the Riverside Industrial Park, at 29 Riverside Avenue in Newark, has been used by many businesses, including a paint manufacturer, a packaging company and a chemical warehouse. The site covers approximately seven acres and contains a variety of industrial buildings, some of which are vacant. In 2009, at the request of the New Jersey Department of Environmental Protection, the EPA responded to an oil spill on the Passaic River that was eventually traced to the Riverside Avenue site. The state and the city of Newark requested the EPA’s help in assessing the contamination at the site and performing emergency actions to identify and stop the source of the spill.
The EPA plugged discharge pipes from several buildings and two tanks that were identified as the source of the contamination. In its initial assessment of the site, the EPA also found ten abandoned 12,000 to 15,000 gallon underground storage tanks containing hazardous waste, approximately one hundred 3,000 to 10,000 gallon aboveground storage tanks, two tanks containing oily waste, as well as dozens of 55-gallon drums and smaller containers. These containers held a variety of hazardous industrial waste and solvents. Two underground tanks and most of the other containers were removed by the EPA in 2012.
The EPA periodically proposes sites to the Superfund list and, after responding to public comments, designates them as final Superfund sites. The Superfund final designation makes them eligible for funds to conduct long-term cleanups.
The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The search for the parties responsible for the contamination at the Riverside Industrial Park site is ongoing.
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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. Click here now to submit a case inquiry.
Read more about the EPA:
Apr 19, 2013
"U.S. Environmental Protection Agency (EPA) action officials did not complete planned corrective actions under its Libby Action Plan in a timely manner. This occurred because the scope of the work was larger than originally ...
Feb 21, 2013
The U.S. Environmental Protection Agency has fined six Arizona school districts a combined total of $94,575 for Asbestos Hazard Emergency Response Act (AHERA) violations. More than 15,000 children attend the 25 ...
Mar 07, 2013
Today the PBS NEWSHOUR airs a documentary, EPA Contaminated by Conflict of Interest, on how the chemical Industry is quietly delaying implementation of regulation of Chromium VI. The compound, hexavalent chromium, ...
Mar 14, 2013
Poisoned Water: Chromium IV - What the EPA Hasn't Done. Corporate water pollution in the US is the subject of a current PBS-TV (Public Broadcasting Network) series. In part one of a two-part series, PBS NewsHour Science ...
Thursday, December 20, 2012
Mercury to be Removed by US EPA From Pompton River in NJ
The U.S. Environmental Protection Agency today announced its plan to remove mercury contamination from the sediment of the Acid Brook Delta of Pompton Lake in Pompton Lakes, New Jersey to levels that meet stringent standards to protect people’s health and the environment. The plan will go into effect as a modification of a permit, which legally requires the E.I. du Pont de Nemours & Company, Inc. to fund and perform the work. Under the permit modification, the EPA will require DuPont to dredge at least 100,000 cubic yards of mercury contaminated sediment from the bottom of a 40-acre area of Pompton Lake and remove at least 7,800 cubic yards of contaminated soil from a shoreline area of the lake affected by DuPont’s past discharges. All of the sediment and soil will be sent to a licensed disposal facility.
Mercury in the sediment and soil can build up in the tissue of fish and other wildlife and pose a threat to people who eat them. Exposure to mercury can damage people’s nervous systems and harm the brain, heart, kidneys, lungs and immune systems.
“The removal of mercury-contaminated sediment from Pompton Lake is a major step toward the recovery of the lake and the protection of people’s health,” said EPA Regional Administrator Judith A. Enck. “The expanded dredging and other revisions in the final cleanup plan reflect the EPA’s commitment to protecting public health and improving environmental quality in Pompton Lakes.”
In November 2011, the EPA proposed a preliminary permit modification to remove contaminated sediment from the bottom of Pompton Lake and encouraged the public to comment on it. A public hearing on the proposed permit modification was held in January 2012. The final permit modification announced today incorporates changes that were made in response to comments from the public and the U.S. Fish and Wildlife Service and additional technical information received from DuPont after the proposed permit modification was issued. A public meeting to discuss the permit modification for the Acid Brook Delta of Pompton Lakes will be held on January 15, 2013.
Under the final permit modification, the area of sediment that will be removed has been expanded by approximately 35% and sediment sampling is required to identify additional areas of the lake that may require the removal of mercury-contaminated sediment. In addition, DuPont is required to implement long-term monitoring of the effectiveness of the dredging, restore the soil between Lakeside Avenue and the edge of the lake, and perform an ecological risk assessment to determine whether additional action may be needed in the future. DuPont will be required to develop work plans for these requirements, which must be submitted to the EPA for approval. The cleanup will be financed and conducted by DuPont with EPA oversight.
The E.I. du Pont de Nemours & Company, Inc. operated the Pompton Lakes Works facility, located at 2000 Cannonball Road, from 1902 to April 1994. Products manufactured at the facility included explosive powder containing mercury and lead, detonating fuses, electric blasting caps, metal wires and aluminum and copper shells. The manufacturing operations and waste management practices contaminated soil, sediment and ground water both on and off-site. Lead and mercury from its operations were released into Acid Brook, which flows through the eastern part of the facility and discharges into the Acid Brook Delta of Pompton Lake. DuPont’s operations also contaminated the ground water with chlorinated volatile organic compounds, such as tetrachloroethylene, trichloroethylene, cis 1,2-dichloroethylene and vinyl chloride.
The cleanup of the Acid Brook Delta requires a modification of the permit under the federal Resource Conservation and Recovery Act. The final permit modification will become effective on February 4, 2013 pending any requests for appeal submitted prior to that date.
Plans to clean up the remaining areas of contamination will be proposed through future permit modifications after ongoing investigations by DuPont have been completed and reviewed by the EPA and the New Jersey Department of Environmental Protection. Opportunities for public participation will continue to be provided through regular updates, public notices and public meetings.
The permit modification and relevant documents are available at the EPA’s project website at:http://www.epa.gov/region02/waste/dupont_pompton/index.html.
The public also can review documents related to the permit modification and cleanup at:
Pompton Lakes Public Library
333 Wanaque Avenue, Pompton Lakes, New Jersey
(973) 835-0482
http://www.pomptonlakeslibrary.org/index.htm
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Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Read more about "Mercury" and workers' compensation
Nov 26, 2012
Irving J. Selikoff Center for Occupational & Environmental Medicine at Mount Sinai School of Medicine has released a guide to treatment for elemental mercury ((the pure form of the metal, when it is not combined with other ...
Mar 05, 2010
For example, nearly 70 years ago, on December 1, 1941, the U.S. Public Health Service ended mercury's use by hat manufacturers in 26 states through mutual agreements. The kinds of conditions that put hat-makers and ...
May 09, 2012
The U.S. Environmental Protection Agency will discuss plans to address high levels of contaminants, including PCBs, mercury and dioxin, which are present in Passaic River mud adjacent to Riverside Park in Lyndhurst, New ...
Aug 09, 2012
They concluded that there was enough evidence of a link to classify it as “possibly carcinogenic to humans,” placing it in the same category as lead and mercury. The long-awaited Interphone study, a major inquiry into the ...
Saturday, December 1, 2012
US NTSB Initiates Investigation of NJ Toxic Train Derailment
recommendations to prevent further similar accidents.
The same bridge was had collapsed in 2009, when a train pulling coal cars came off its tracks after the railroad bridge over the Mantua Creek collapsed and sent 16 cars into the water. The bridge was “an old structure,” and its original “A” frame dated back to 1873. The train has two locomotives and 83 freight cars.
Most vinyl chloride is used to make polyvinyl chloride (PVC) plastic and vinyl products. Acute (short-term) exposure to high levels of vinyl chloride in air has resulted in central nervous system effects (CNS), such as dizziness, drowsiness, and headaches in humans. Chronic (long-term) exposure to vinyl chloride through inhalation and oral exposure in humans has resulted in liver damage. Cancer is a major concern from exposure to vinyl chloride via inhalation, as vinyl chloride exposure has been shown to increase the risk of a rare form of liver cancer in humans. EPA has classified vinyl chloride as a Group A, human carcinogen.
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Jon L.Gelman of Wayne NJ, helping vinyl chloride victims and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Read more about "vinyl chloride"
Jan 29, 2010
The 5 substances that TSCA mandates regulations for are all known carcinogens: Asbestos, Hexavalent Chromium, Vinyl Chloride, Trichloethylene, Methyene Chloride and Dicloromethene. Since 1976 chronic and terminal ...
Aug 11, 2007
This case involved exposure to poly vinyl chloride at a Pantasote, a Paterson NJ plant, causing disease to former workers which is characteristic of Raynaud's phenomenon ( fingers blanch and numbnessand discomfort are ...
Feb 20, 2008
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has ...
Friday, November 30, 2012
Train Carrying Deadly PVC Crashes In NJ Sickens Workers / Residents
It has been reported that at least 71 people are being treated for respiratory distress and residents have been ordered to remain indoors. The train remains dangling from the collapsed bridge and and chemicals continue to leak into the creek.
Most vinyl chloride is used to make polyvinyl chloride (PVC) plastic and vinyl products. Acute (short-term) exposure to high levels of vinyl chloride in air has resulted in central nervous system effects (CNS), such as dizziness, drowsiness, and headaches in humans. Chronic (long-term) exposure to vinyl chloride through inhalation and oral exposure in humans has resulted in liver damage. Cancer is a major concern from exposure to vinyl chloride via inhalation, as vinyl chloride exposure has been shown to increase the risk of a rare form of liver cancer in humans. EPA has classified vinyl chloride as a Group A, human carcinogen.
Acute Effects: Acute exposure of humans to high levels of vinyl chloride via inhalation in humans has resulted in effects on the CNS, such as dizziness, drowsiness, headaches, and giddiness. Vinyl chloride is reported to be slightly irritating to the eyes and respiratory tract in humans. Acute exposure to extremely high levels of vinyl chloride has caused loss of consciousness, lung and kidney irritation, and inhibition of blood clotting in humans and cardiac arrhythmias in animals. Tests involving acute exposure of mice have shown vinyl chloride to have high acute toxicity from inhalation exposure.
Chronic Effects(Noncancer): Liver damage may result in humans from chronic exposure to vinyl chloride, through both inhalation and oral exposure. A small percentage of individuals occupationally exposed to high levels of vinyl chloride in air have developed a set of symptoms termed “vinyl chloride disease,” which is characterized by Raynaud’s phenomenon (fingers blanch and numbness and discomfort are experienced upon exposure to the cold), changes in the bones at the end of the fingers, joint and muscle pain, and scleroderma-like skin changes (thickening of the skin, decreased elasticity, and slight edema). CNS effects (including dizziness, drowsiness, fatigue, headache, visual and/or hearing disturbances, memory loss, and sleep disturbances) as well as peripheral nervous system symptoms (peripheral neuropathy, tingling, numbness, weakness, and pain in fingers) have also been reported in workers exposed to vinyl chloride. Animal studies have reported effects on the liver, kidney, and CNS from chronic exposure to vinyl chloride. EPA has established a Reference Concentration (RfC) of 0.1 milligrams per cubic meter, and a Reference Dose (RfD) of 0.003 milligrams per kilogram per day for vinyl chloride. Please see IRIS for current information.
Reproductive/Developmental Effects: Several case reports suggest that male sexual performance may be affected by vinyl chloride. However, these studies are limited by lack of quantitative exposure information and possible co-occurring exposure to other chemicals. Several epidemiological studies have reported an association between vinyl chloride exposure in pregnant women and an increased incidence of birth defects, while other studies have not reported similar findings. Epidemiological studies have suggested an association between men occupationally exposed to vinyl chloride and miscarriages in their wives’ pregnancies although other studies have not supported these findings. Testicular damage and decreased male fertility have been reported in rats exposed to low levels for up to 12 months. Animal studies have reported decreased fetal weight and birth defects at levels that are also toxic to maternal animals in the offspring of rats exposed to vinyl chloride through inhalation.
Cancer Risk: Inhaled vinyl chloride has been shown to increase the risk of a rare form of liver cancer (angiosarcoma of the liver) in humans. Animal studies have shown that vinyl chloride, via inhalation, increases the incidence of angiosarcoma of the liver and cancer of the liver. Several rat studies show a pronounced early-life susceptibility to the carcinogenic effect of vinyl chloride, i.e., early exposures are associated with higher liver cancer incidence than similar or much longer exposures that occur after maturity. EPA has classified vinyl chloride as a Group A, human carcinogen. EPA uses mathematical models, based on animal studies, to estimate the probability of a person developing cancer from breathing air containing a specified concentration of a chemical.
EPA has calculated an inhalation unit risk estimate of 8.8 × 10-6 (µg/m3)-1 for lifetime exposure to vinyl chloride.
....
Most vinyl chloride is used to make polyvinyl chloride (PVC) plastic and vinyl products. Acute (short-term) exposure to high levels of vinyl chloride in air has resulted in central nervous system effects (CNS), such as dizziness, drowsiness, and headaches in humans. Chronic (long-term) exposure to vinyl chloride through inhalation and oral exposure in humans has resulted in liver damage. Cancer is a major concern from exposure to vinyl chloride via inhalation, as vinyl chloride exposure has been shown to increase the risk of a rare form of liver cancer in humans. EPA has classified vinyl chloride as a Group A, human carcinogen.
Acute Effects: Acute exposure of humans to high levels of vinyl chloride via inhalation in humans has resulted in effects on the CNS, such as dizziness, drowsiness, headaches, and giddiness. Vinyl chloride is reported to be slightly irritating to the eyes and respiratory tract in humans. Acute exposure to extremely high levels of vinyl chloride has caused loss of consciousness, lung and kidney irritation, and inhibition of blood clotting in humans and cardiac arrhythmias in animals. Tests involving acute exposure of mice have shown vinyl chloride to have high acute toxicity from inhalation exposure.
Chronic Effects(Noncancer): Liver damage may result in humans from chronic exposure to vinyl chloride, through both inhalation and oral exposure. A small percentage of individuals occupationally exposed to high levels of vinyl chloride in air have developed a set of symptoms termed “vinyl chloride disease,” which is characterized by Raynaud’s phenomenon (fingers blanch and numbness and discomfort are experienced upon exposure to the cold), changes in the bones at the end of the fingers, joint and muscle pain, and scleroderma-like skin changes (thickening of the skin, decreased elasticity, and slight edema). CNS effects (including dizziness, drowsiness, fatigue, headache, visual and/or hearing disturbances, memory loss, and sleep disturbances) as well as peripheral nervous system symptoms (peripheral neuropathy, tingling, numbness, weakness, and pain in fingers) have also been reported in workers exposed to vinyl chloride. Animal studies have reported effects on the liver, kidney, and CNS from chronic exposure to vinyl chloride. EPA has established a Reference Concentration (RfC) of 0.1 milligrams per cubic meter, and a Reference Dose (RfD) of 0.003 milligrams per kilogram per day for vinyl chloride. Please see IRIS for current information.
Reproductive/Developmental Effects: Several case reports suggest that male sexual performance may be affected by vinyl chloride. However, these studies are limited by lack of quantitative exposure information and possible co-occurring exposure to other chemicals. Several epidemiological studies have reported an association between vinyl chloride exposure in pregnant women and an increased incidence of birth defects, while other studies have not reported similar findings. Epidemiological studies have suggested an association between men occupationally exposed to vinyl chloride and miscarriages in their wives’ pregnancies although other studies have not supported these findings. Testicular damage and decreased male fertility have been reported in rats exposed to low levels for up to 12 months. Animal studies have reported decreased fetal weight and birth defects at levels that are also toxic to maternal animals in the offspring of rats exposed to vinyl chloride through inhalation.
Cancer Risk: Inhaled vinyl chloride has been shown to increase the risk of a rare form of liver cancer (angiosarcoma of the liver) in humans. Animal studies have shown that vinyl chloride, via inhalation, increases the incidence of angiosarcoma of the liver and cancer of the liver. Several rat studies show a pronounced early-life susceptibility to the carcinogenic effect of vinyl chloride, i.e., early exposures are associated with higher liver cancer incidence than similar or much longer exposures that occur after maturity. EPA has classified vinyl chloride as a Group A, human carcinogen. EPA uses mathematical models, based on animal studies, to estimate the probability of a person developing cancer from breathing air containing a specified concentration of a chemical.
EPA has calculated an inhalation unit risk estimate of 8.8 × 10-6 (µg/m3)-1 for lifetime exposure to vinyl chloride.
....
Jon L.Gelman of Wayne NJ, helping vinyl chloride victims and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Read more about "vinyl chloride"
Jan 29, 2010
The 5 substances that TSCA mandates regulations for are all known carcinogens: Asbestos, Hexavalent Chromium, Vinyl Chloride, Trichloethylene, Methyene Chloride and Dicloromethene. Since 1976 chronic and terminal ...
Aug 11, 2007
This case involved exposure to poly vinyl chloride at a Pantasote, a Paterson NJ plant, causing disease to former workers which is characteristic of Raynaud's phenomenon ( fingers blanch and numbnessand discomfort are ...
Feb 20, 2008
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has ...
Friday, October 26, 2012
When Is The Child of an Infertile Woman a Dependent
The child of an infertile woman has yet another hurtle of proof to establish dependency status in a workers' compensation as the NJ Supreme Court decided that a formal adoption is necessary for an infertile woman to be designated as the legal mother of her husband’s biological child born to a gestational carrier.
"Absent adoption, the Act does not recognize an infertile wife as the legal mother of her husband’s biological child born to a gestational carrier. The Act does not violate the right to equal protection under Article I, paragraph 1 of the New Jersey Constitution because the distinctions drawn between an infertile husband and an infertile wife are grounded in actual reproductive and biological differences, which the Legislature may consider in defining alternative means of creating parenthood. "
IN THE MATTER OF THE PARENTAGE OF A CHILD BY T.J.S. AND A.L.S., h/w (Decided October 24, 2012 (NJ 2012).
Also read The Jurist "New Jersey Supreme Court upholds surrogacy law"
Read more about "dependency benefits"
Jun 09, 2008
The NJ Supreme Court Declares Dependency Benefit Increases are Not to Be Retroactively Applied. The NJ Supreme Court reversed a ruling of the Appellate Division and declared the Legislature's 2004 amendment to the ...
Apr 20, 2009
Court Awards Dependency Benefits to Police Officer Who Committed Suicide. The dependents of a deceased police officer will receive benefits as a result of the officer's work-related suicide related to stress. Wilde v Township ...
Mar 21, 2012
The US Supreme Court, in a matter that may have widespread impact on workers' compensation dependency benefits, heard oral arguments in Astrue v Capato concerning whether a child conceived after the death of a ...
Oct 01, 2010
The decision may have a sweeping national impact on workers' compensation dependency claims, as they are also separate and distinct actions against an employer. Bradley v, Sebelius, 621 F. 3d 1330, 2010 WL 3769132 ...
Thursday, October 25, 2012
Hexavalent Chromium Cleanup Progressing With Building Demolition in Garfield NJ
Hexavalent chromium is extremely toxic, may cause cancer and nervous system damage. Prior to the demolition of the structure, the EPA met with community members and local officials to keep them informed, coordinate activities and ensure public safety.
“The EPA has safely taken down the former E.C. Electroplating building, an important step in the agency’s work to protect the health of the Garfield community,” said EPA Regional Administrator Judith A. Enck. “Our next step is to assess the best way to address the chromium contaminated soil that is underneath the structure.
The EPA’s sampling had shown that the parts of the E.C. Electroplating building above the foundation slab were not contaminated with hexavalent chromium, but two basements and the soil under the structure were contaminated. The structure had to be demolished to access the contaminated soil underneath. The industrial materials and building debris left at the E.C. Electroplating site have been removed and disposed of at facilities licensed to receive the waste. Over 600 cubic yards of debris and over 325 drums of hazardous waste were removed from the site. The demolition work began on October 12, 2012 and was completed on October 22, 2012.
Throughout the demolition work, the EPA followed strict work procedures to protect public health. Dust was controlled and the air was monitored to ensure that contamination was not getting into the community during the demolition. Air monitoring data showed that there have been no hazardous levels of hexavalent chromium, total chromium, lead or cadmium.
As part of its longer-term work, the EPA has established a network of ground water monitoring wells to determine the extent of chromium contamination in the ground water. This in-depth investigation is ongoing and will allow the EPA to develop a proposed plan for the cleanup of chromium-contaminated ground water.
For a complete history of the EPA’s work at the Garfield Ground Water Contamination Superfund site please visit: http://www.epa.gov/region2/superfund/removal/garfield.
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 work related accident and injuries.
Read more about "Chromium Contamination"
Aug 09, 2012
The building, located at 125 Clark Street, is contaminated with hexavalent chromium that is reaching the basements of some area residences and businesses through the ground water. Hexavalent chromium is extremely toxic, ...
Oct 03, 2009
Chromium exposure has been associated with lung cancer. Breathing high levels of hexavalent chromium can irritate or damage the nose, throat, and lungs. Irritation or damage to the eyes and skin can occur if hexavalent ...
Jun 09, 2009
Soldiers Exposed to Chromium in Iraq File Suit. Soldiers who have been exposed to hexavalent chromium, a carcinogen, have filed suit against a government contractor. The present and former soldiers have brought a claims ...
Nov 23, 2010
EPA announced the release of the Toxicological Review of Hexavalent Chromium in the September 30, 2010, Federal Register. This draft assessment is provided for public viewing and comment. Public comments received on ...
Thursday, August 9, 2012
EPA to Demolish Contaminated Building at Toxic Superfund Site in Garfield, N.J
“The EPA has done a great deal of work since 2002 to reduce the health risks to the people who live and work in the area of Garfield affected by chromium contaminated ground water,” said EPA Regional Administrator Judith A. Enck. “Today we’re pleased to announce that we’re ready to take a step forward in the long-term cleanup of the Garfield Superfund site.”
Preliminary sampling shows that parts of the E.C. Electroplating building, its two basements and the soil located under the structure are contaminated with the chemical hexavalent chromium. The structure needs to be demolished in order to properly dispose of the contaminated sections of the building and to remove the contaminated soil underneath. The EPA tested the industrial materials left at the former E.C. Electroplating and will safely remove and properly disposed of them at licensed facilities.
The EPA is currently preparing the building for demolition by removing over 220 drums and cleaning the building surface. The agency will work closely with local officials to determine the best time to do the demolition and will hold a community meeting before demolition begins to inform area residents and building owners about the work. Strict procedures will be followed to control dust during the demolition, with special attention paid to the Garfield No.7 School and to a daycare center located near the site. The EPA will establish an air monitoring network to ensure that contamination is contained during the demolition work. The air monitoring plan will be shared with the public before work begins. The demolition work is presently scheduled to take place in October.
Ground water underlying the site is also contaminated with the hexavalent chromium and is seeping into basements in some Garfield homes and businesses. Drinking water for Garfield comes from the Garfield Municipal Water Supply, which is not contaminated and is routinely tested to ensure that it meets federal and state drinking water standards, which it does.
The Garfield Superfund site, which is located in a mixed commercial and residential neighborhood, is bordered by Van Winkle Avenue to the north, Monroe Street to the south, Sherman Place to the east, and the Passaic River to the West. Historically, industrial facilities in Garfield were located in close proximity to residential areas, including a tannery, a chemical plant and two electroplating companies. Some of these facilities used hexavalent chromium in their processes and the nearby ground water is now contaminated with the chemical. In June 1993, water containing hexavalent chromium and dried crystals of chromium was discovered in the basement of Garfield Fire House #3. In 2002, at the request of the New Jersey Department of Environmental Protection, the EPA began its investigation of ground water contamination in Garfield.
In September 2010, the federal Agency for Toxic Substances and Disease Registry issued a health advisory recommending that the EPA continue to take steps to minimize people’s exposure to the contamination and that it expedite a long-term cleanup. The site was added to the federal Superfund list in 2011.
The EPA used its Superfund’s emergency response authority in Garfield to address the immediate health threats in properties where ground water had carried hexavalent chromium into basements. Over 500 homes and businesses have been inspected for hexavalent chromium contamination and over 2,000 samples have been analyzed. The EPA has found about 15 properties that require cleanups to protect occupants from unacceptable levels of chromium that have seeped into their basements. The EPA has an ongoing inspection and assessment program to assist any concerned residents within the impacted area.
The EPA has established a network of ground water monitoring wells to determine the extent of chromium contamination in the ground water. This in-depth investigation will allow the EPA to determine how best to clean up chromium contaminated ground water.
Superfund is the federal cleanup program established by Congress in 1980 to investigate and clean up the country’s most hazardous waste sites. When sites are placed on the Superfund list, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups. In this instance, the EPA has identified E.C. Electroplating as a company that may be liable for the cleanup. The company, however, alleges it lacks funds to conduct any cleanup. To date, the EPA’s cleanup costs for this site exceed four* *million dollars. The EPA is continuing its search for other parties responsible for the contamination at the site.
For more information about the Garfield site, visit: http://www.epa.gov/region2/superfund/removal/garfield.
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Articles About Chromium
Nov 23, 2010
EPA announced the release of the Toxicological Review of Hexavalent Chromium in the September 30, 2010, Federal Register. This draft assessment is provided for public viewing and comment. Public comments received on ...
Jun 09, 2009
Soldiers Exposed to Chromium in Iraq File Suit. Soldiers who have been exposed to hexavalent chromium, a carcinogen, have filed suit against a government contractor. The present and former soldiers have brought a claims ...
Oct 03, 2009
Chromium exposure has been associated with lung cancer. Breathing high levels of hexavalent chromium can irritate or damage the nose, throat, and lungs. Irritation or damage to the eyes and skin can occur if hexavalent ...
Jan 14, 2010
"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 ...
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