Workers' Compensation: Search results for fracking

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Thursday, February 6, 2020

The New OSHA Silica Standard - Not Strong Enough

Silica exposure was the catalyst that brought occupational diseases in the state workers’ compensation acts in the 1950’s. In an effort to shield employers from civil liability, silicosis was incorporated as a compensable condition under the capped damage system of state workers’ compensation programs. Silica exposures continue today, especially in counter-top workers, The new silica exposure standard announced by OSHA has still fallen short to protect workers from this deadly occupational exposure.

Preventing Occupational Disease: NJ Governor Murphy Supports a Fracking Ban

The State of New Jersey now supports a ban on fracking. NJ Governor Pat Murphy recognized the health and environmental consequences of using this process to explore and mine for natural gas.

Silca: New US DOL Rule to Protect Workers

The U.S. Department of Labor's Occupational Safety and Health Administration today announced a final rule to improve protections for workers exposed to respirable silica dust. The rule will curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America's workers by limiting their exposure to respirable crystalline silica.

Insurance Company Plans to Track Movements of Workers In The Name Of Safety

A major workers’ compensation insurance carrier is planning to “tag” workers with individual movement trackers in the name of safety. Privacy issues were not addressed in the announcement.

American International Group, Inc. (NYSE:AIG) today announced a strategic investment in Human Condition Safety (HCS), an early-stage technology startup company developing wearable devices, analytics, and systems to improve worker safety.

World TB Day — March 24, 2015

Workers who suffer from work-related tuberculosis maybe entitled to benefits under the NJ Workers' Compensation Act. The increased risk for occupational exposure to tuberculosis (TB) is recognized among health care and other workers exposed to persons with active TB and workers exposed to silica or other agents that increase the progression from latent to active TB. CDC Proportionate Mortality from Pulmonary Tuberculosis Associated With Occupations—28 States, 1979–1990. MMWR 1995; Vol. 44/No. 1:14-19.

A worker who was said to have had a pre-existing dormant tuberculosis was permitted to recover workers' compensation benefits as a result of working in an atmosphere containing impurities which were said to have reactivated the tuberculosis condition. Dawson v. E. J. Brooks & Co., 134 N.J.L. 94, 45 A.2d 892 (1946).

Where a 42 year-old worker was required to operate a rapidly propelled grinding wheel and was exposed to dust from the operation, recovery for the aggravation of a “pre-existing latent tuberculosis” was allowed. The medical witness asserted that the grinding wheel produced an excessive amount of dust which, in turn, caused a severe bronchitis resulting in irritation of the lung tissues and increased coughing, causing an aggravation of the underlying tuberculosis. Reynolds v. General Motors Corporation, 38 N.J.Super. 274, 118 A.2d 724 (Co.1955), aff'd 40 N.J.Super. 484, 123 A.2d 555 (App.Div.1956).

A foundry worker who suffered silicosis in the course of his employment as a molder was permitted recovery based upon the theory that the silicosis aggravated the petitioner's dormant tuberculosis condition. Masko v. Barnett Foundry & Machine Co., 53 N.J.Super. 414, 147 A.2d 579 (App.Div.1959), certif. denied 29 N.J. 464, 149 A.2d 859 (1959).

An individual working in a ribbon factory who was exposed to dust and fumes from carbon paper, teletype, and typewriter ribbons was permitted to recover disability as a result of the activation of an underlying tuberculosis condition by the dust and fumes. Bond v. Rose Ribbon & Carbon Mfg. Co., 78 N.J.Super. 505, 189 A.2d 459 (App.Div.1963), certif. granted 40 N.J. 499, 193 A.2d 137 (1963), aff'd 42 N.J. 308, 200 A.2d 322 (1964).

Each year, World TB Day is observed on March 24. This annual event commemorates the date in 1882 when Robert Koch announced his discovery of Mycobacterium tuberculosis, the bacterium that causes tuberculosis (TB). World TB Day provides an opportunity to raise awareness about TB-related problems and solutions and to support worldwide TB control efforts.

For the second year, CDC supports the theme "Find TB. Treat TB. Working together to eliminate TB." Health officials in local and state TB programs are encouraged to provide educational awareness regarding TB to their communities and to work with other agencies and organizations that care for those most at risk for TB.

In 2014, a total of 9,412 new cases of TB were reported in the United States, a rate of 3.0 per 100,000 population (1). Although the total number of TB cases continues to decline, 2014 showed the smallest decline in incidence in over a decade. Nationally, TB still persists at greater incidence in foreign-born persons and racial or ethnic minorities.

CDC is committed to a world free from TB. Initiatives to improve awareness, testing, and treatment of latent TB infection and TB disease among groups at high risk are critical to achieve elimination of TB in the United States.

Additional information regarding World TB Day and CDC's TB elimination activities is available at http://www.cdc.gov/tb/events/worldtbday.

Reference

1) Scott C, Kirking HL, Jeffries C, Price SF, Pratt R. Tuberculosis trends—United States, 2014. MMWR Morb Mortal Wkly Rep 2015;64:265–9

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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.

Wednesday, January 7, 2015

GOP Majority’s Agenda Includes Fast Action On Health Law Issues

Today's post was shared by Kaiser Health News and comes from kaiserhealthnews.org

News outlets report that Mitch McConnell, R-Ky., the Senate's new majority leader, plans to take action to undo some parts of the health law, but he acknowledges that a full repeal is unlikely. Also, some reports examine goals of other Republican congressional leaders
The Washington Post: New Senate Majority Leader’s Main Goal For GOP: Don’t Be Scary
Mitch McConnell has an unusual admonition for the new Republican majority as it takes over the Senate this week: Don’t be “scary.” The incoming Senate majority leader has set a political goal for the next two years of overseeing a functioning, reasonable majority on Capitol Hill that scores some measured conservative wins, particularly against environmental regulations, but probably not big victories such as a full repeal of the health-care law. McConnell’s priority is to set the stage for a potential GOP presidential victory in 2016. (Kane, 1/4)
The Associated Press: New GOP Senate Chairmen Aim To Undo Obama Policies
Republican senators poised to lead major committees when the GOP takes charge are intent on pushing back many of President Barack Obama's policies, ... Tennessee's Lamar Alexander, 74, is a former education secretary under President George H.W. Bush, governor and president of the University of Tennessee. … He's called the health care law a "historic mistake" and supports repealing it. He's also said modernizing the National Institutes of Health and Food and...

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Sunday, December 28, 2014

New York State Department of Health Completes Review of High-volume Hydraulic Fracturing

Saturday, December 27, 2014

Christie, Cuomo veto N.J.-N.Y. Port Authority overhaul

Today's post os shared from northjersey.com
The governors of New Jersey and New York late Saturday vetoed legislation passed unanimously by each state's legislature to overhaul the operations of the Port Authority, and instead endorsed their own plan to revamp the troubled bistate agency.
New York Gov. Andrew Cuomo, a Democrat, had until Saturday to take action on the legislation, which needed the signature of each state's governor.
About 6 p.m., Cuomo and Gov. Christie, a Republican, jointly released and endorsed a 103-page report compiled by a special panel the governors convened in May in the aftermath of the George Washington Bridge scandal, which laid bare cross-Hudson rivalries among leaders of the Port Authority of New York and New Jersey.
Christie and Cuomo proposed changes to the authority's governance structure and recommended modernizing its commerce facilities, among other ideas.
Their actions were immediately criticized by New Jersey lawmakers who said the vetoes wrongly delayed an overhaul of an agency that has come under penetrating scrutiny since January, when documents surfaced linking two former Christie allies to the lane closures at the center of the bridge scandal.
The U.S. Attorney's Office in Newark is investigating the September 2013 lane closures, which snarled traffic...

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Fracking: NY State Report Reveals Significant Health Uncertainties

"As with most complex human activities in modern societies, absolute scientific certainty

regarding the relative contributions of positive and negative impacts of HVHF* on public

health is unlikely to ever be attained. In this instance, however, the overall weight of the

evidence from the cumulative body of information contained in this Public Health

Review demonstrates that there are significant uncertainties about the kinds of adverse

health outcomes that may be associated with HVHF, the likelihood of the occurrence of

adverse health outcomes, and the effectiveness of some of the mitigation measures in

reducing or preventing environmental impacts which could adversely affect public

health. Until the science provides sufficient information to determine the level of risk to

public health from HVHF to all New Yorkers and whether the risks can be adequately

managed, DOH recommends that HVHF should not proceed in New York State."
*high volume hydraulic fracturing

Click here to read the entire report.

Thursday, December 18, 2014

Citing Health Risks, Cuomo Bans Fracking in New York State

Today's post is shared from nytimes.com/

Gov. Andrew M. Cuomo’s administration announced on Wednesday that it would ban hydraulic fracturing in New York State because of concerns over health risks, ending years of debate over a method of extracting natural gas.
Fracking, as it is known, was heavily promoted as a source of economic revival for depressed communities along New York’s border with Pennsylvania, and Mr. Cuomo had once been poised to embrace it.
Instead, the move to ban fracking left him acknowledging that, despite the intense focus he has given to solving deep economic troubles afflicting large areas upstate, the riddle remained largely unsolved. “I’ve never had anyone say to me, ‘I believe fracking is great,’ ” he said. “Not a single person in those communities. What I get is, ‘I have no alternative but fracking.’ ”
In a double blow to areas that had anticipated a resurgence led by fracking, a state panel on Wednesday backed plans for three new Las Vegas-style casinos, but none along the Pennsylvania border in the Southern Tier region. The panel, whose advice Mr. Cuomo said would quite likely be heeded, backed casino proposals in the Catskills, near Albany and between Syracuse and Rochester.

For Mr. Cuomo, a Democrat, the decision on fracking — which was immediately hailed by environmental and liberal groups — seemed likely to help repair his ties to his party’s left wing. It came after a surprisingly contentious...

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Read more about fracking and workers' compensation
Workers' Compensation: People near 'fracking' wells report ...
Sep 13, 2014
People living near natural-gas wells were more than twice as likely to report upper-respiratory and skin problems than those farther away, says a major study Wednesday on the potential health effects of fracking. Nearly two of ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Big Oil's New Pitch: Fracking ...
Jul 29, 2014
The Obama administration, meanwhile, is weighing plans to streamline DOE approval of liquefied natural gas export facilities (though some industry insiders doubt it will speed up the process). The issue has also played into ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Fracking: Are elevated levels of ...
Sep 16, 2014
Fracking: Are elevated levels of hydrocarbon gases in drinking-water aquifers near gas wells natural or anthropogenic? Today's post is shared from pnas.org/ Hydrocarbon production from unconventional sources is growing ...
http://workers-compensation.blogspot.com/
Jury awards Texas family nearly $3 million in fracking case
Apr 26, 2014
In a landmark legal victory that centered on fracking, a middle-class north Texas ranching family won nearly $3 million from a big natural gas company whose drilling, they contend, caused years of sickness, killed pets and ...

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Wednesday, December 17, 2014

NY unlikely to face lawsuits over fracking ban, experts say

Today's post is shared from reuters.com/

When Governor Andrew Cuomo announced a ban on fracking in New York on Wednesday, he predicted "a ton of lawsuits" against the state. But that is unlikely as the end of a drilling boom has left the industry in no mood for a fight, industry experts and lawyers said.
"I think most of the companies in the industry are disinterested in fighting," said Brad Gill, the executive director of the Independent Oil and Gas Association of New York, a trade group.
Six years ago, before the start of a lengthy New York moratorium on hydraulic fracturing of natural gas, the governor might have been right. But since then, the fracking phenomenon has turned from mania to mundane.
Chesapeake Energy, once one of the biggest leaseholders in New York, last year gave up a legal battle to retain thousands of acres in the state. Norse Energy went bankrupt in 2012 after more than 100,000 acres in the state it leased were deemed off-limits to drilling.
The industry's less confrontational stance reflects the dramatic shift in the U.S. natural gas industry over the years since the state's de facto ban came into force in 2008.
That year, natural gas prices spiked to a near record around $14 per million British thermal units (mmBtu), and drilling were racing around the country snapping up land rights to exploit new techniques that would unlock decades worth of reserves.
Fracking involves blasting large volumes of water, sand and chemicals into shale rock to release...

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Monday, December 8, 2014

Data Collection: How WIll The Cyber Collection Vacuum Impact Investigations

Data collection without adequate controls and verification is becoming a major issue. Employers and insurance companies rely upon such data to defend work related events and accidents in determining the conduct of employees. The government utilizes t in defense of national security. See the newly released movie Citizen Four. Now comes private companies such as Uber that tests the limits in collection. Today's post is shared from the nytimes.com/

UBER, the popular car-service app that allows you to hail a cab from your smartphone, shows your assigned car as a moving dot on a map as it makes its way toward you. It’s reassuring, especially as you wait on a rainy street corner.
Less reassuring, though, was the apparent threat from a senior vice president of Uber to spend “a million dollars” looking into the personal lives of journalists who wrote critically about Uber. The problem wasn’t just that a representative of a powerful corporation was contemplating opposition research on reporters; the problem was that Uber already had sensitive data on journalists who used it for rides.
Buzzfeed reported that one of Uber’s executives had already looked up without permission rides taken by one of its own journalists. And according to The Washington Post, the company was so lax about such sensitive data that it even allowed a job applicant to view people’s rides, including those of a family member of a prominent politician. (The app is popular...

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Friday, October 31, 2014

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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Friday, October 10, 2014

Safety, sanitary problems prompt scores of drug recalls

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

Eloise Soler at her home near Oso Bay, Texas. Soler was sickened by contaminated medication that she received during heart surgery at the Corpus Christi Medical Center. Tests showed that Soler and others were sickened by Rhodococcus equi, a soil bacteria that typically infects horses and other grazing animals.(Photo: Todd Yates for USA TODAY)
The infection came out of nowhere, 36 hours after Eloise Soler's heart surgery last summer at the Corpus Christi Medical Center in South Texas. As her fever spiked to 103, other patients developed similar symptoms. Doctors raced to pinpoint the cause.
Tests showed that all of the patients had been sickened by the same bacteria, Rhodococcus equi, which typically infects horses and other grazing animals, and they all fell ill after infusions of the same drug, calcium gluconate.
The drug was made 200 miles away by Specialty Compounding, which sits in a category of pharmacies that mix unique or hard-to-find drugs not only for individual patients, but also in batches for doctors and hospitals. By the time the company recalled the medication days later, investigators believed it had sickened at least 15 people; two had died.
"You think because there are so many controls on drugs that you're not going to be given something that will make you sick," says Soler, 60, who spent months recovering. "I just couldn't believe it."
Two years after contaminated drugs linked to a compounding pharmacy in Massachusetts killed 64 and...

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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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Wednesday, September 24, 2014

Climate Change: A Factor Escalating Compensable Conditions

Global climate change is anticipated to cause an increase in adverse medical conditions and will ultimately impact work-related medical conditions and diseases. A recent report in the Journal of the American Medical Association (JAMA) discuses the anticipated escalation.

"Evidence over the past 20 years indicates that climate change can be associated with adverse health outcomes. Health professionals have an important role in understanding and communicating potential health concerns related to climate change, as well as the cobenefits from burning less fossil fuels."

"By 2050, many US cities may experience more frequent extreme heat days. For example, New York and Milwaukee may have 3 times their current average number of days hotter than 32°C (90°F). The adverse health aspects related to climate change may include heat-related disorders, such as heat stress and economic consequences of reduced work capacity; and respiratory disorders, including those exacerbated by fine particulate pollutants, such as asthma and allergic disorders; infectious diseases, including vectorborne diseases and water-borne diseases, such as childhood gastrointestinal diseases; food insecurity, including reduced crop yields and an increase in plant diseases; and mental health disorders, such as posttraumatic stress disorder and depression, that are associated with natural disasters. Substantial health and economic cobenefits could be associated with reductions in fossil fuel combustion. For example, the cost of greenhouse gas emission policies may yield net economic benefit, with health benefits from air quality improvements potentially offsetting the cost of US carbon policies.

Climate Change Challenges and Opportunities for Global Health, AMA. Published online September 22, 2014. doi:10.1001/jama.2014.13186

Click here to read the entire article.

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Tuesday, September 16, 2014

Fracking: Are elevated levels of hydrocarbon gases in drinking-water aquifers near gas wells natural or anthropogenic?

Today's post is shared from pnas.org/
Hydrocarbon production from unconventional sources is growing rapidly, accompanied by concerns about drinking-water contamination and other environmental risks. Using noble gas and hydrocarbon tracers, we distinguish natural sources of methane from anthropogenic contamination and evaluate the mechanisms that cause elevated hydrocarbon concentrations in drinking water near natural-gas wells. We document fugitive gases in eight clusters of domestic water wells overlying the Marcellus and Barnett Shales, including declining water quality through time over the Barnett. Gas geochemistry data implicate leaks through annulus cement (four cases), production casings (three cases), and underground well failure (one case) rather than gas migration induced by hydraulic fracturing deep underground. Determining the mechanisms of contamination will improve the safety and economics of shale-gas extraction.
Horizontal drilling and hydraulic fracturing have enhanced energy production but raised concerns about drinking-water contamination and other environmental impacts. Identifying the sources and mechanisms of contamination can help improve the environmental and economic sustainability of shale-gas extraction. We analyzed 113 and 20 samples from drinking-water wells overlying the Marcellus and Barnett Shales, respectively, examining hydrocarbon abundance and isotopic compositions (e.g., C2H6/CH4, δ13C-CH4) and providing, to our...

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Saturday, September 13, 2014

People near 'fracking' wells report health woes

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

People living near natural-gas wells were more than twice as likely to report upper-respiratory and skin problems than those farther away, says a major study Wednesday on the potential health effects of fracking.
Nearly two of every five, or 39%, of those living less than a kilometer (or two-thirds of a mile) from a well reported upper respiratory symptoms, compared to 18% living more than 2 kilometers away, according to a Yale University-led random survey of 492 people in 180 households with ground-fed water wells in southwestern Pennsylvania.
The disparity was even greater for skin irritation. While 13% of those within a kilometer of a well said they had rashes and other skin symptoms, only 3% of those beyond 2 kilometers said the same.
"This is the largest study to look at the overall health of people living near the wells," says lead author and University of Washington environmental health professor Peter Rabinowitz, who did the research while at Yale. The study focused on Washington County, part of the Marcellus Shale where hydraulic fracturing, or fracking, is widely used to extract natural gas.
"It suggests there may be more health problems in people living closer to natural gas wells," but it doesn't prove that the wells caused their symptoms, he says, adding more research is needed.
Fracking, combined with...

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Thursday, September 11, 2014

What you don’t know could hurt you: Petition asks EPA to limit duration of chemical trade secret claims

It may come as a surprise to those not familiar with the Toxic Substances Control Act (TSCA) – the primary law that regulates chemicals used in the US that go into products other than cosmetics, drugs and pesticides – to learn that about 15,000 chemicals on the TSCA inventory have their identities claimed as trade secrets. According to an analysis included in the petition filed with the US Environmental Protection Agency (EPA) on August 21st by Earthjustice and five other non-profits, approximately 62.5 percent of the 24,000 chemicals added to the TSCA inventory since 1982 cannot be “meaningfully identified by the public” because their names are claimed as confidential business information. This masking of chemical identities can often hamper public access to health and safety information about these substances and make it hard for those working with such chemicals to fully understand what they may be exposed to.
TSCA requires the EPA to maintain an inventory of chemicals used and manufactured in the US and requires manufacturers and importers of new chemicals to submit health and safety data to the EPA as part of new chemical registration. However TSCA, also allows chemical identities to be claimed as trade secrets if revealing that information would – in the opinion of the manufacturer – jeopardize confidential manufacturing processes or formulas.
What Earthjustice, the Environmental Defense Fund, Breast...

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Tuesday, July 29, 2014

Big Oil's New Pitch: Fracking Means Never Having To Fear Putin

Today's post was shared by Mother Jones and comes from www.motherjones.com

The Obama administration, meanwhile, is weighing plans to streamline DOE approval of liquefied natural gas export facilities (though some industry insiders doubt it will speed up the process). The issue has also played into the secret negotiations over a sweeping US-European Union trade agreement. According to an EU memo leaked to the Washington Post earlier this month, Europe is pressing the United States to lift its longstanding restrictions on fossil fuel exports and make a "legally binding commitment" to allow oil and gas to flow to EU countries.
Even if the market shifts, most European countries aren't equipped to handle large-scale liquefied natural gas imports—and won't be for years.
But the argument behind these measures may be a red herring. Speeding up exports would be boon to industry profits, given that natural gas costs at least three times more overseas than it does in the United States. However, according to environmentalists and industry analysts, it would do little to break Europe's dependence on Russia. "Folks who were in favor of accelerating liquefied natural gas exports anyway have seized upon the Ukraine crisis as yet another argument for why we should be doing it," says Edward Chow, a former Chevron executive and an expert on international energy markets. "But it won't directly effect Europe." Most US exports, he explains, are slated for Asia, where natural gas fetches a much higher price than it does in Europe. Even...

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Thursday, July 24, 2014

NIOSH Fact Sheet: NIOSH Approval Labels—Key Information to Protect Yourself

Today's post was shared by Safe Healthy Workers and comes from www.cdc.gov

DHHS (NIOSH) Publication Number 2011-179

National Institute for Occupational Safety and Health (NIOSH) specifies minimum approval requirements for respiratory protective devices in Title 42 Code of Federal Regulations (CFR) Part 84. NIOSH reviews respirator approval applications, which contain technical specifications, drawings, and other related information. NIOSH also inspects, examines and tests the respirators to determine that the applicable requirements are met for individual, completely assembled respirators, as described in §84.30(a).

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