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.

New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim

In many occupational asbestos claims, it has been challenging to establish that asbestos fiber was used in the workplace. That will soon change under recently announced US Environmental Protection Agency [EPA] Rules.

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.

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.

NJ Braces For Winter Weather --- Snow

Workers traveling the NJ highways tonight and tomorrow need to stay informed of the weather service announcements closely as an urgent Winter Weather Message has been issued for an anticipated winter storm.

URGENT - WINTER WEATHER MESSAGE 

NATIONAL WEATHER SERVICE MOUNT HOLLY NJ 

355 PM EST THU JAN 5 2017 

 ...LIGHT SNOW TO AFFECT THE AREA TONIGHT...FOLLOWED BY A POTENTIAL FOR A MORE SIGNIFICANT WINTER STORM PARTICULARLY NEAR THE COAST IN SOUTHERN PORTIONS OF DELAWARE AND NEW JERSEY LATE FRIDAY NIGHT INTO SATURDAY..."

OSHA has made the following suggestions to employers and employees to prepare for winter weather hazards:

Winter Driving

Although employers cannot control roadway conditions, they can promote safe driving behavior by ensuring workers: recognize the hazards of winter weather driving, for example, driving on snow/ice covered roads; are properly trained for driving in winter weather conditions; and are licensed (as applicable) for the vehicles they operate. For information about driving safely during the winter, visit OSHA's Safe Winter Driving page.

Employers should set and enforce driver safety policies. Employers should also implement an effective maintenance program for all vehicles and mechanized equipment that workers are required to operate. Crashes can be avoided. Learn more at: Motor Vehicle Safety (OSHA Safety and Health Topic’s Page).

Employers should ensure properly trained workers' inspect the following vehicle systems to determine if they are working properly:

• Brakes: Brakes should provide even and balanced braking. Also check that brake fluid is at the proper level.
• Cooling System: Ensure a proper mixture of 50/50 antifreeze and water in the cooling system at the proper level.
• Electrical System: Check the ignition system and make sure that the battery is fully charged and that the connections are clean. Check that the alternator belt is in good condition with proper tension.
• Engine: Inspect all engine systems.
• Exhaust System: Check exhaust for leaks and that all clamps and hangers are snug.
• Tires: Check for proper tread depth and no signs of damage or uneven wear. Check for proper tire inflation.
• Oil: Check that oil is at proper level.
• Visibility Systems: Inspect all exterior lights, defrosters (windshield and rear window), and wipers. Install winter windshield wipers.

An emergency kit with the following items is recommended in vehicles:

• Cellphone or two-way radio
• Windshield ice scraper
• Snow brush
• Flashlight with extra batteries
• Shovel
• Tow chain
• Traction aids (bag of sand or cat litter)
• Emergency flares
• Jumper cables
• Snacks
• Water
• Road maps
• Blankets, change of clothes

Work Zone Traffic Safety

Workers being struck by vehicles or mobile equipment lead to many work zone fatalities or injuries annually. Drivers may skid, or lose control of their vehicles more easily when driving on snow and/or ice covered roads. It is therefore, important to properly set up work zones with the traffic controls identified by signs, cones, barrels, and barriers, to protect workers. Workers exposed to vehicular traffic should wear the appropriate high visibility vest at all times, so that they can be visible to motorists (OSHA Letter of Interpretation, dated, August 5, 2009).

Learn more at: Work Zone Traffic Safety* (OSHA QuickCard™) and Highway Work Zones and Signs, Signals, and Barricades (OSHA Safety and Health Topics Page).

Stranded in a Vehicle

If you are stranded in a vehicle, stay in the vehicle. Call for emergency assistance if needed, response time may be slow in severe winter weather conditions. Notify your supervisor of your situation. Do not leave the vehicle to search for assistance unless help is visible within 100 yards. You may become disoriented and get lost in blowing and drifting snow. Display a trouble sign by hanging a brightly colored cloth on the vehicle’s radio antenna and raising the hood. Turn on the vehicle's engine for about 10 minutes each hour and run the heat to keep warm. Also, turn on the vehicle's dome light when the vehicle is running as an additional signal. Beware of carbon monoxide poisoning. Keep the exhaust pipe clear of snow, and open a downwind window slightly for ventilation.

Watch for signs of frostbite and hypothermia. Do minor exercises to maintain good blood circulation in your body. Clap hands and move arms and legs occasionally. Try not to stay in one position for too long. Stay awake, you will be less vulnerable to cold-related health problems. Use blankets, newspapers, maps, and even the removable car mats for added insulation. Avoid overexertion since cold weather puts an added strain on the heart. Unaccustomed exercise such as shoveling snow or pushing a vehicle can bring on a heart attack or make other medical conditions worse.  

Shoveling Snow

Shoveling snow can be a strenuous activity, particularly because cold weather can be tasking on the body. There is a potential for exhaustion, dehydration, back injuries, or heart attacks. During snow removal in addition to following the tips for avoiding cold stress, such as taking frequent breaks in warm areas, there are other precautions workers can take to avoid injuries. Workers should warm-up before the activity, scoop small amounts of snow at a time and where possible, push the snow instead of lifting it. The use of proper lifting technique is necessary to avoid back and other injuries when shoveling snow: keep the back straight, lift with the legs and do not turn or twist the body.

Using Powered Equipment like Snow Blowers

It is important to make sure that powered equipment, such as snow blowers are properly grounded to protect workers from electric shocks or electrocutions. When performing maintenance or cleaning, make sure the equipment is properly guarded and is disconnected from power sources.

Snow blowers commonly cause lacerations or amputations when operators attempt to clear jams with the equipment turned on. Never attempt to clear a jam by hand. First, turn the snow blower off and wait for all moving parts to stop, and then use a long stick to clear wet snow or debris from the machine. Keep your hands and feet away from moving parts. Refuel a snow blower prior to starting the machine; do not add fuel when the equipment is running or when the engine is hot.

Clearing Snow from Roofs and Working at Heights

Employers must evaluate snow removal tasks for hazards and plan how to do the work safely. Workers should be aware of the potential for unexpected hazards due to the weather conditions, for example, layers of ice can form as the environmental temperature drops, making surfaces even more slippery. A surface that is weighed down by snow must be inspected by a competent person to determine if it is structurally safe for workers to access it, because it may be at risk of collapsing. Snow covered rooftops can hide hazards such as skylights that workers can fall through. Electrical hazards may also exist from overhead power lines or snow removal equipment.

Employers can protect workers from these hazardous work conditions, for example, by using snow removal methods that do not involve workers going on roofs, when and where possible. Employers should determine the right type of equipment (ladders, aerial lifts, etc.) and personal protective equipment (personal fall arrest systems, non-slip safety boots, etc.) for the job and ensure that workers are trained on how to properly use them. For more information, see OSHA's Hazard Alert: Falls and Other Hazards to Workers Removing Snow from Rooftops and Other Elevated Surfaces*.

Preventing Slips on Snow and Ice

To prevent slips, trips, and falls, employers should clear walking surfaces of snow and ice, and spread deicer, as quickly as possible after a winter storm. In addition, the following precautions will help reduce the likelihood of injuries:

• Wear proper footwear when walking on snow or ice is unavoidable, because it is especially treacherous. A pair of insulated and water resistant boots with good rubber treads is a must for walking during or after a winter storm. Keeping a pair of rubber over-shoes with good treads which fit over your street shoes is a good idea during the winter months.
• Take short steps and walk at a slower pace so you can react quickly to a change in traction, when walking on an icy or snow-covered walkway.

Repairing Downed or Damaged Power Lines

Repairing and/or replacing damaged power lines in severe winter weather conditions are especially hazardous. A major hazard is snow, because the moisture can reduce the insulation value of protective equipment, and could cause electrocution. In these conditions de-energized work is safer, but if energized work must be done, qualified workers and supervisors must first do a hazard analysis that includes evaluating the weather conditions and identifying how to safely do the job.

Other potential hazards include:

• Electrocution by contacting downed energized power lines, or contacting objects, such as broken tree limbs, in contact with downed energized power lines.
• Fires caused by an energized line or equipment failure.
• Being struck or crushed by falling tree limbs, collapsing poles, etc.

When working on downed or damaged power lines, electrical utility workers should use safe work practices, appropriate tools and equipment (including personal protective equipment (PPE)). Extra caution should be exercised when working in adverse weather conditions. Learn more at: Contact with Power Lines (OSHA Construction eTool).

Working Near Downed or Damaged power lines

Assume all power lines are energized and stay clear of any downed or damaged power lines. Establish a safe distance from power lines and report any incidents to the responsible authority. Only properly-trained electrical utility workers can handle damaged power lines. Learn more at: Contact with Power Lines (OSHA Construction eTool) and Working Safely Around Downed Electrical Wires* (OSHA Fact Sheet).

Removing Downed Trees

Clearing downed trees is a critical job during severe winter weather conditions. It is usually urgent to remove downed trees that block public roads and damage power lines. Emergency crews are often tasked with clearing downed trees.

Potential hazards include:

• Electrocution by contacting downed energized power lines or contacting broken tree limbs in contact with downed energized power lines. Learn more at: Line Clearance Tree Trimming Operations (OSHA Electric Power eTool).
• Falls from heights.
• Being injured by equipment such as chain saws (Chain Saw Safety* (OSHA QuickCard™)) and chippers (Chipper Machine Safety* (OSHA QuickCard™)).

Workers should wear PPE that protect them from the hazards of the tree removal tasks. Workers using chainsaws and chippers to clear downed trees should use: gloves, chaps, foot protection, eye protection, fall protection, hearing protection and head protection.

Only powered equipment designed for outdoor and wet conditions should be used. Use all equipment and tools (saws, chippers, etc.) properly and for the purpose that they are designed for. Ensure that equipment is always maintained in serviceable condition and inspected before use by a knowledgeable person that can identify any problems with the equipment. Do not use equipment that is not functioning properly. Equipment must have proper guarding (as applicable); safe guards must never be bypassed.  All controls and safety features must function as designed by the manufacturer. Learn more at: Tree Trimming and Removal* (OSHA QuickCard™).

Toxic-Tort: NJ Supreme Court Holds That an Employer Has a Duty to a Household Contact

"We hold that the Olivo duty of care may, in proper circumstances, extend beyond a spouse of a worker exposed to the toxin that is the basis for a take-home toxic-tort theory of liability." Justice LaVecchia, NJ Supreme Court

An employer's duty to a employee's household contact was the focus of decision announced by the NJ Supreme Court. The NJ Supreme Court reviewed the question, that was certified by the US Third Circuit Court of Appeals, to define the duty and its scope. The household contact, the finance, subsequently spouse, suffered beryllium related disease causally related to the employee's toxic exposure.

The case arose out of a household contact's exposure to beryllium brought home on the employee's cloths. At the time of the exposure, 30 years ago, the household contact was the fiance of the employee.

"The United States Court of Appeals for the Third Circuit having certified to the Supreme Court the following question of law pursuant to Rule 2:12-1:And the Court having determined to accept the question as certified."Does the premises liability rule set forth in Olivo v. Owens-Illinois, Inc., 186 N.J. 394, 895 A.2d 1143 (2006), extend beyond providing a duty of care to the spouse of a person exposed to toxic substances on the landowner's premises, and, if so, what are the limits of that liability rule and the associated scope of duty?

SYLLABUS 

(This syllabus is not part of the opinion of the Court.  It has been prepared by the Office of the Clerk for the convenience of the reader.  It has been neither reviewed nor approved by the Supreme Court.  Please note that, in the interest of brevity, portions of any opinion may not have been summarized.) 

Brenda Ann Schwartz v. Accuratus Corporation (A-73-14) (076195) 

Argued April 25, 2016 -- Decided July 6, 2016 

LaVECCHIA, J., writing for a unanimous Court. 

In this appeal, the Court considers the following question of law certified by the United States Court of Appeals for the Third Circuit:  Does the premises liability rule set forth in Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006) extend beyond providing a duty of care to the spouse of a person exposed to toxic substances on the landowner’s premises, and, if so, what are the limits on that liability rule and the associated scope of duty? 

The action before the Third Circuit involves plaintiffs Brenda Ann and Paul Schwartz.  After Brenda was diagnosed with chronic beryllium disease, the Schwartzes filed a complaint raising claims of negligence, products liability, and strict liability against defendant Accuratus Ceramic Corporation (Accuratus), a ceramics facility where Paul had worked in 1978 and 1979.  In 1979, Paul began sharing an apartment with an Accuratus co-worker, Gregory Altemose.  At the time, Paul and Brenda were dating and Brenda frequently visited and stayed overnight at the apartment.  After the couple married in June 1980, Brenda and Paul resided in the apartment, where Altemose also continued to live.  Brenda performed laundry and other chores at the apartment, both when she stayed with Paul prior to their marriage and after she moved in as Paul’s wife.   

The complaint alleges that employees at Accuratus’s facility were exposed to beryllium, which, according to plaintiffs, may result in cancer and other diseases of the lungs and skin.  Plaintiffs allege that Brenda was subjected to take-home beryllium exposure due to Paul and Altemose bringing the substance home from Accuratus on their work clothing.  Thus, plaintiffs’ take-home-toxin theory of liability is based in part on Brenda’s exposure to beryllium for the period that she frequently stayed over at the apartment prior to her marriage to Paul.  Additionally, the take-home-toxin theory encompasses the time period after the marriage, premised on the theory that Altemose continued to bring the substance home to the shared apartment from his work at the Accuratus facility. 

Originally filed in Pennsylvania state court, plaintiffs’ case was removed to the United States District Court for the Eastern District of Pennsylvania.  Plaintiffs’ motion to remand was denied.  The federal district court concluded that “neither [New Jersey nor Pennsylvania] has recognized a duty of an employer to protect a worker’s non-spouse . . . roommate from take-home exposure to a toxic substance.”  The court pointed to Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006) as support for that proposition.  The court denied plaintiffs’ motion for reconsideration, commenting that to interpret Olivo as supporting a duty to Brenda would “stretch the New Jersey Supreme Court’s decision . . . beyond its tensile strength.”  After the Schwartzes filed an amended complaint, Accuratus filed a motion to dismiss, which was granted.  The federal district court concluded as a matter of law that Accuratus did not owe a duty of care to Brenda. 

Following additional motion practice, the Schwartzes filed a notice of appeal with the Third Circuit.  The Third Circuit filed a Petition for Certification of a Question of State Law, pursuant to Rule 2:12A-1, which the Court accepted.  222 N.J. 304 (2015). 

HELD:  The duty of care recognized in Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006) may, in proper circumstances, extend beyond a spouse of a worker exposed to a workplace toxin that is the basis for a take-home toxic-tort theory of liability.  

1. The threshold question certified by the Third Circuit -- whether the premises liability rule set forth in Olivo may extend beyond providing a duty of care to the spouse of a person exposed to toxic substances on the landowner’s premises -- necessitates a review of Olivo and the reasoning that led to its holding.  In Olivo, the Court considered whether a landowner could be liable for injuries allegedly caused from asbestos exposure experienced by the wife of a worker who had performed welding and steam fitting tasks that brought him into contact with asbestos on the landowner’s premises.  There, the Court explained “whether a duty of care can be owed to one who is injured from a dangerous condition on the premises, to which the victim is exposed off-premises, devolves to a question of foreseeability of the risk of harm to that individual or identifiable class of individuals.”  Id. at 403.  Once foreseeability is established, a court must evaluate whether recognition of a duty accords with fairness, justness, and predictability, applying the following factors derived, in part, from Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 439 (1993):  (1) the relationship of the parties, namely the relationship between plaintiff and defendant; (2) the nature of the attendant risk, including the danger of the toxin at issue and how easily the toxin is transmitted and causes injury (the greater the danger, the greater the duty); (3) the opportunity and ability to exercise care; and (4) the public interest in the proposed solution.  (pp. 7-9)   

2. Based on the facts presented in Olivo’s summary judgment record, the Court determined that the landowner should have foreseen that sending unprotected, soiled work clothes home on the backs of workers would result in their clothes being laundered.  That placed the person, who could be expected to perform the task of handling and laundering the unprotected work clothing, in regular and close contact with material that had become infiltrated with asbestos in the worksite.  As a result, the Court held that a duty of care to protect on-site workers from exposure to friable asbestos in the worksite extended to spouses “handling the workers’ unprotected work clothing based on the foreseeable risk of exposure from asbestos borne home on [the workers’] contaminated clothing.”  Olivo, supra, 186 N.J. at 404-05 (emphasis added).  Applying the Hopkins factors, the Court concluded that fairness and justness would be served by extending off-premises liability in that setting.  (pp. 9-11)

3. In so holding, the Court determined that the landowner’s concerns about essentially limitless liability were unfounded because the duty recognized under the circumstances of Olivo was “focused on the particularized foreseeability of harm to plaintiff’s wife.”  Id. at 405.  That concise statement cannot be taken out of its context -- a duty was found to exist based on the foreseeability of regular and close contact with the contaminated material over an extended period of time.  Id. at 404-05.  The duty of care for take-home toxic-tort liability discussed in Olivo was not defined by the role of lawfully wedded spouse to someone who worked on the landowner’s premises.  Rather, it was foreseeable that Eleanor (plaintiff’s wife) would be handling and laundering the plaintiff’s soiled, asbestos-exposed clothes, which the landowner failed to protect at work and allowed to be taken home by workers.  That easily foreseeable, regular, and close contact with the dangerous condition produced the conclusion that the landowner could be held liable to Eleanor for her injuries.  (pp. 11-13)

4. Tort law is built on case-by-case development based on the facts presented by individual cases.  The evolution of case law must reflect the simultaneous evolution of societal values and public policy.  Olivo does not suggest that the duty recognized must remain static for all future cases -- no matter the pleadings and proofs, including unknown aspects of other toxins -- and that take-home toxic-tort liability must remain limited to a spouse handling take-home toxins.  Olivo does not state, explicitly or implicitly, that a duty of care for take-home toxic-tort liability cannot extend beyond a spouse.  Nor does it base liability on some definition of “household” member, or even on the basis of biological or familial relationships.  Olivo must be recognized as a step in the development of the common law, which of necessity is built case by case on individual factual circumstances.  (pp. 13-16)

5. The Court cannot define the contours of the duty owed to others in a take-home toxic-tort action through a certified question of law.  While there may be situations in which household members are in contact with toxins brought home on clothing, a refined analysis for particularized risk, foreseeability, and fairness requires a case-by-case assessment in toxic-tort settings.  Although the Court cannot predict the direction in which the common law will evolve, the Court identifies certain factors that will be important as such cases present themselves.  In sum, the duty of care recognized in Olivo may extend, in appropriate circumstances, to a plaintiff who is not a spouse.  The assessment should take into account a weighing of the factors identified herein to determine whether the foreseeability, fairness, and predictability concerns of Hopkins should lead to the conclusion that a duty of care should be recognized under common law.  (pp. 16-19)

CHIEF JUSTICE RABNER; JUSTICES ALBIN, PATTERSON, FERNANDEZ-VINA, and SOLOMON; and JUDGE CUFF (temporarily assigned) join in JUSTICE LaVECCHIA’s opinion. 

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Mesothelioma: Employer Held Liable for Wife's Asbestos Related Death

The Tennessee Valley Authority (TVA) was held liable for the death of an asbestos worker's wife death from mesothelioma. A Federal Court in Alabama held that the the employer held that the employer had a duty to protect the wife a nuclear plant employee from take home asbestos exposure.

NJ Supreme Court Hears Argument on Employer's Duty to Household Contact

An employer's duty to a employee's household contact was the focus of an oral argument recently before the NJ Supreme Court. The NJ Supreme Court reviewed the question, that was certified by the US Third Circuit Court of Appeals, to define the duty and its scope. The household contact, the fiance, subsequently spouse, suffered beryllium related disease causally related to the employee's toxic exposure.

National Asbestos Awareness Week - US Surgeon General

U.S. Surgeon General Dr. Vivek H. Murthy on National Asbestos Awareness Week 

Dr. Vivek Murthy
US Surgeon General

National Asbestos Awareness Week is April 1-7 – a good time to remind Americans about the health dangers of asbestos exposure. Asbestos, a natural mineral fiber that is found in rock and soil, was widely used as insulation and fireproofing material in homes, commercial buildings, ships and other products, such as paints and car brakes. In recent years, asbestos use has decreased dramatically after it was linked to illnesses, including lung cancer, mesothelioma, and asbestosis.

Vehicle Safety: Automatic Braking Standard to be Adopted by 20 Auto Manfacturers

Transportation injuries contribute to a large percentage of work related accidents. Thank maybe changing soon. The U.S. Department of Transportation's National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety announced today a historic commitment by 20 automakers representing more than 99 percent of the U.S. auto market to make automatic emergency braking a standard feature on virtually all new cars no later than NHTSA's 2022 reporting year, which begins Sept. 1, 2022.

City Council raises Chicago minimum wage to $13 by 2019

Today's post was shared by Steven Greenhouse and comes from www.chicagotribune.com

City Council passes minimum wage increase The City Council on Tuesday approved Mayor Rahm Emanuel’s plan to boost Chicago’s minimum wage to $13 an hour by mid-2019, while efforts in Springfield to hike the state’s rate and apply some brakes to further city increases fizzled at least until January. In an overwhelming 44-5 vote steeped in aldermanic and mayoral re-election politics, Emanuel and supportive council members sought to frame their move as a way to lift out of poverty children in thousands of families, many led by single mothers. “The minimum wage is speaking to making sure that nobody who works raises a child in poverty,” Emanuel said. “The minimum wage…really comes down to making sure that your child does not go to school on an empty stomach (or) making sure that you don’t pick between medicine or school supplies.” Where minimum wage stands (infographic) Addressing the council after the vote, Emanuel at times appeared to be delivering a re-election speech. He called the minimum wage only part of his comprehensive economic strategy that includes education, affordable health care and opportunities for people to learn skills to put them on a career path at a well-paying job. At one point, while boasting that business interest in Chicago remains strong, the mayor went so far to say that the city was tops in gaining foreign investment and corporate relocations and has the No. 1 “Little League team” —...

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Wal-Mart workers plan Black Friday protests for higher pay

Today's post was shared by Steven Greenhouse and comes from www.latimes.com

Wal-Mart protest Wal-Mart workers and their supporters plan to launch protests at stores across the country on Black Friday to push for higher wages and better working conditions for employees.Organizers say rallies and marches will occur at 1,600 Wal-Mart locations on the day after Thanksgiving in what they say will be the largest protests ever against the nation's biggest retailer. Backing the demonstrations is Our Wal-Mart, the union-supported group of employees that has been pushing for a living wage of $15 an hour and more full-time positions. A protest earlier this month at a Wal-Mart in Pico Rivera ended with the arrest of 23 people for unlawful assembly and failure to disperse. Martha Sellers, a cashier at the Wal-Mart store in Paramount,  said her low salary forces her to rely on ramen noodles and sometimes peanut butter to survive. "The truth is it's not easy to talk about hunger and being hungry," Sellers said during a media call on Friday. She said she wants $15 an hour so she can buy groceries that are healthy. Wal-Mart spokeswoman Brooke Buchanan said many of the protesters participating in the Black Friday demonstrations are being paid to show up by unions. "We have seen this story before about the protesters and unions threatening to protest in a large amount of stores," she said. "What it turns out to be is a handful of stores with a handful of associates." Large...

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Recall management poor at hospitals

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As the number of medical-device recalls has rapidly increased, so has the complexity of the recalls. That is raising questions about safety and risks for hospitals that mostly still track and locate faulty products manually. There were 1,190 recalls of medical devices in 2012, nearly double the 604 recalls reported to the Food and Drug Administration in 2003. In August, Customed, a Puerto Rico-based supplier of surgical kits, trays and packs, recalled 233 products because of sterility issues, making it the largest single-day recall in FDA history. Other high-profile recalls, such as the removal from the market of metal-on-metal hip implants starting in 2010, led to billions of dollars in lawsuits against the manufacturers and thousands of patients having to undergo revision surgery. Other recalls have been more obscure, such as when a supplier must issue corrective language for a user manual. Most if not all hospitals have recall management programs in place. The Joint Commission issued standards for hospital recall policies that detailed how to respond to recalls and alerts. But experts at the ECRI Institute, a not-for-profit that studies the safety and effectiveness of medical products and services, say not all hospitals are updating their programs to reflect the growth and complexity of today's recalls. “This issue is frequently flying under the radar of executives,” said Eric Sacks, ECRI's director of healthcare product alerts. “Supply chains are becoming...

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Surgical Tool Gets Strongest Warning

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A close-up photo of one of the currently approved morcellators. A close-up photo of one of the currently approved morcellators. Dustin Chambers for The Wall Street Journal The top U.S. health regulator warned Monday that a common surgical tool shouldn’t be used on most women during hysterectomies, a decision that caps nearly a year of debate and is expected to sharply curtail a procedure that the agency said can spread hidden cancer. The Food and Drug Administration used its authority to call for an immediate “black box” warning for laparoscopic power morcellators, the strongest caution the agency issues. Typically, such warnings on product labels undergo a lengthy comment period before being completed, lawyers for device makers said. “We believe that in the vast majority of women, the procedure should not be performed,” said William Maisel, deputy director for science and chief scientist at the FDA’s Center for Devices and Radiological Health. The move strengthens guidance the FDA issued in April and draws tight boundaries around use of a device that divided gynecologists and alarmed women. Morcellators were being used in thousands of minimally-invasive procedures every year to remove growths known as fibroids. While fibroids are benign, they can be hard to distinguish from a dangerous form of cancer called uterine sarcoma, which can’t be reliably detected before surgery. Morcellators, which typically use a fast-spinning...

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Safety delays over faulty air bags

Today's post was shared by Take Justice Back and comes from www.washingtonpost.com

THE NATIONAL Highway Transportation Safety Administration is widening its crackdown on air bags at risk of exploding — potentially killing or maiming the people they are supposed to protect. This is another case in which it has taken years for the government and car companies to come to grips with the full scale of a deadly automotive defect, demonstrating again that the nation’s vehicle safety monitors aren’t doing a good enough job. Takata is one of a few firms worldwide that manufacture air bags. The devices are supposed to deploy with enough force to provide protection in milliseconds, preventing dangerous impacts with other parts of a car. The bags at issue appear prone to deploy too violently, creating metal shards and propelling them toward people in the car. The problem has been linked to four U.S. deaths and many injuries — including those of Stephanie Erdman, who testified before a Senate panel on Thursday that she was blinded in one eye after her Honda air bag deployed. Takata air-bag recalls have been going on since 2008, but evidence of the problem began emerging long before that. The company admitted last week that Honda sent it photos of a burst air bag in 2005 that it failed to investigate. Since then, the scale of the problem has grown alarmingly. Air bags in humid places seem to be more at risk, suggesting some interaction between chemicals used to deploy air bags and moisture. Recalls first focused on 8 million cars in humid...

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Takata’s Switch to Cheaper Airbag Propellant Is at Center of Crisis

Today's post was shared by Take Justice Back and comes from www.nytimes.com

The new airbag propellant was supposed to be the next big thing for Takata in 1998. An engineer for the company, Paresh Khandhadia, declared it “the new technological edge” in an interview with a trade magazine then. Based on a compound called tetrazole, it was seen as a reliable and effective compound for inflating airbags. Yet despite the fanfare, by 2001 Takata had switched to an alternative formula, ammonium nitrate, and started sending the airbags to automakers, including Honda. That compound, according to experts, is highly sensitive to temperature changes and moisture, and it breaks down over time. And when it breaks down, it can combust violently, experts say. “It shouldn’t be used in airbags,” said Paul Worsey, an expert in explosives engineering at the Missouri University of Science and Technology. The compound, he said, is more suitable for large demolitions in mining and construction. “But it’s cheap, unbelievably cheap,” he added. More than a decade later, that compound is at the center of a safety crisis involving Takata and its airbags. More than 14 million vehicles with the Takata-made airbags have been recalled worldwide over concern that they can explode violently when they deploy in an accident, sending metal debris flying into the cabin. At least five deaths have been linked to the defective airbags. On Thursday, Takata’s decision to change the propellant is expected to be among the lines of questioning...

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Recalled G.M. Cars Remain Unrepaired

Today's post is shared from nytimes.com/ YONKERS — Nearly nine months after General Motors began recalling millions of its cars for a dangerously defective ignition switch, almost half of the vehicles still have not been fixed. A spokesman for the automaker said it was increasing its outreach to owners through social media and a new call center staffed with 72 employees dedicated to contacting those who have not scheduled repairs. But even owners who requested repairs months ago have been waiting, with dealers managing wait-lists and dozens of drivers writing to federal regulators in recent weeks asking why it was taking so long. Some of them are also raising safety concerns about the drawn-out timetable, as a recent fatal accident here suggests. One of the unrepaired vehicles was a red 2006 Chevrolet Cobalt that crashed here the night of Oct. 9, killing its 25-year-old driver, Brittany Alfarone. Her mother, Dierdre Betancourt, said she had tried to fix the car twice, but two dealers turned her away. Now the police are investigating the single-car accident for possible ties to the ignition defect, which can cause power to cut out in a moving car, shutting down airbags and impeding power steering and brakes. A few weeks before the accident, Ms. Betancourt said, the car had done precisely that, shutting off after hitting a bump while in the middle lane on a busy parkway in the Bronx. A spokesman for the Yonkers Police Department said the car had been so badly damaged in the wreck that killed Ms. Alfarone that it...

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Investigation: Post-crash fires in small planes cost 600 lives

Today's post was shared by Take Justice Back and comes from www.usatoday.com

Trapped onboard 4-year-old died while they tried to save himThe fire ignited when the small airplane smashed into a parking lot and empty building in central Anchorage on a failed takeoff. Passersby ran to pull four burning people from the Cessna Skywagon. But when they tried to rescue 4-year-old Miles Cavner, the airplane cabin was engulfed in fire. As Stacie Cavner screamed that her son was burning, police officer Will Cameron spotted Miles on the cabin floor. Fire was scorching the boy's body — and keeping Cameron from saving him. "We tried to go back in for the young boy," Cameron reflected recently on the June 1, 2010, crash, "but at that point it was too much, so we couldn't get to him." Small-airplane fires have killed at least 600 people since 1993, burning them alive or suffocating them after crashes and hard landings that the passengers and pilots had initially survived, a USA TODAY investigation shows. The victims who died from fatal burns or smoke inhalation often had few if any broken bones or other injuries, according to hundreds of autopsy reports obtained by USA TODAY. Fires have erupted after incidents as minor as an airplane veering off a runway and into brush or hitting a chain-link fence, government records show. The impact ruptures fuel tanks or fuel lines, or both, causing leaks and airplane-engulfing blazes. Fires also contributed to the death of at least 308 more people who suffered burns or smoke inhalation as well as traumatic...

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Death Toll Linked to G.M. Defect Reaches 27

Today's post was shared by Take Justice Back and comes from www.nytimes.com

The death toll linked to General Motors’ defective ignition switch has now more than doubled from the company’s original estimate. Twenty-seven wrongful death claims filed to the company’s victim compensation program have been deemed eligible for payment, according to a weekly update posted on the program’s website on Monday. For months after it began recalling cars with the faulty switch, G.M. estimated that 13 people had died in accidents linked to the defect, though executives held out the possibility that the number could rise. G.M. has given Kenneth R. Feinberg, the victim compensation expert who is running the company’s payment program, sole discretion to determine the number of eligible claims for deaths and injuries associated with the faulty switch — a flaw that can cause power to cut out in a moving car, disabling air bags, power steering and power brakes. This year, G.M. has recalled 2.6 million cars that could have the faulty switch defect, more than a decade after engineers inside the company first spotted a problem. As of Friday, the Feinberg program had received a total of 1,371 claims, 178 of them for wrongful deaths, and had accepted a total of 52 claims for payment. Many of the others are still under review, awaiting further evidence. Some have been rejected, though the fund did not report how many.

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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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