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.

The EPA Final Rule on Methylene Chloride

The Environmental Protection Agency (EPA) finalized a rule in April 2024 significantly restricting the use of methylene chloride due to its health risks. This analysis examines the rule's impact on workers and potential workers' compensation claims.

US Bans Asbestos

Today, March 18, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or imported to the United States. The ban on ongoing uses of asbestos is the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act (TSCA), which received near-unanimous support in both the U.S. House of Representatives and the Senate. The action marks a major milestone for chemical safety after more than three decades of inadequate protections and serious delays during the previous administration to implement the 2016 amendments.

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.

FTC Proposes Rule to Ban Noncompete Clauses

The Federal Trade Commission proposed a new rule that would ban employers from imposing noncompetes on their workers, a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses. By stopping this practice, the agency estimates that the new proposed rule could increase wages by nearly $300 billion per year and expand career opportunities for about 30 million Americans.

Is Medicare-For-All a Prescription for Infectious Diseases in the Workplace?

The workers’ compensation system nationally has been challenged over the last two plus years of the COVID Pandemic. The multi-state administered workers’ compensation program is based on a litigious patchwork of state programs with varying degrees of eligibility, procedures, and benefits. 

Federal Court: Roundup Subject to US EPA Review

The 9th Circuit Court of Appeals held that the  Environmental Protection Agency must reevaluate glyphosate, a weedkiller used in Roundup. The court determined that the chemical poses a serious health hazard and is likely to cause human cancer. 

NJ Landscaper Ordered by Federal Court to Pay $400K in Back Wages and Damages to 32 Workers.

A federal court has approved a consent judgment ordering a Succasunna landscaping company and its owner to pay $400,000 in back wages and damages after the U.S. Department of Labor found the employer denied 32 of its workers the overtime pay they earned.

Burn Pit Benefits: The US Senate Passed The Pact Act

The burn pit benefit bill now heads back to the US House of Representatives before going to President Biden’s desk to be signed into law; The PACT Act is named in honor of Sergeant First Class Heath Robinson of Ohio.

OSHA Fines Robbinsville NJ $368K for Scissor Lift Hazard

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.

COVID-19 on the Brain: Neurological Symptoms Persist in Majority of Long-Haulers

A new study offers scientific evidence supporting permanent neurological disability flowing from an occupational COVID-19 condition. Researchers at University of California San Diego School of Medicine are conducting a longitudinal study to track neurological symptoms in COVID-19 “long-haulers.”

Central New Jersey facility to pay $273K, take corrective actions to resolve COVID-related respirator violations

OSHA finds employers failed to ensure safe respirator use while testing hundreds daily.

Senator Merkley Chairs Hearing on Asbestos Ban Legislation

Oregon’s U.S. Senator Jeff Merkley, Chairman of the Senate Environment and Public Works Committee’s Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight, called and chaired a hearing on the Alan Reinstein Ban Asbestos Now Act of 2022.

Common Law Discrimination Complaint Fatally Flawed

One of the remedies available to injured workers who have been discharged in retaliation for filing a workers’ compensation claim is a common law action. The failure to adequately plead a retaliation action in the complaint will result in the dismissal of the action.

The Honorable Maria Del Valle-Koch Appointed the New Chief Judge and Director

The Honorable Maria Del Valle-Koch will be the New Chief Judge and Director effective Monday, June 6, 2022. Outgoing Chief Judge and Director Russell Wojenko, Jr. announced Friday that Robert Asaro-Angelo, Commissioner of NJ Labor and Workforce Development, had made the appointment.

Penalties for Delay in Payment Excessive

Waiting for timely payment of a workers’ compensation award can sometimes be a frustrating experience for an injured worker. The penalties assessed for the delay in paying a workers’ compensation award were an issue of first impression reviewed by the NJ Appellate Division.

US Supreme Court to Conference Medical Marijuana Preemption Case

The US Supreme Court (SCOTUS) is scheduled to conference the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The Petitioner for a Writ of Certiorari conference is listed for Thursday, June 16, 2022.  Musta v. Mendota Heights Dental Center, et al., No. 21-998.

Dual Employment Status Bars Double Recovery

An employee may have dual employers but ultimately can only receive a single recovery from only one employer for work-related injuries. The “exclusivity doctrine,” permitting a complete recovery of damages against an employer, limits an injured worker’s benefit recovery to the compensation system, barring an intentional tort.

NJ Senate Confirms Judicial Nominations

On May 26, 2022, the NJ Senate has confirmed NJ DWC Chief Judge and Director Russell Wojtenko Jr. of West Windsor to be a Judge of the Superior Court for the term prescribed by law, ending seven years from the date of appointment.

US Requests SCOTUS Not Review Medical Marijuana Reimbursement Issue

The US Government filed an amicus curiae brief requesting that the US Supreme Court  (SCOTUS) not review the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The US Government was invited to submit a brief by SCOTUS. Musta v. Mendota Heights Dental Center, et al., No. 21-998.