President Biden signed legislation that will provide medical benefits from the Veterans Administration to service members exposed to toxic burn pits while deployed overseas in recent conflicts. The President signed the Sargent First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. It embodies some of the goals we strived to achieve in the decades-long burn pit litigation project.
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Showing posts sorted by date for query kbr. Sort by relevance Show all posts
Wednesday, August 10, 2022
Friday, February 16, 2018
Defense Employer Ordered to Pay Medical for Lung Disease Caused by Burn Pit Exposure
In a decision that will have significant impact on potentially thousands of injured workers, a Court has ruled that a private military contractor for the US Defense Department during the Iraq and Afghanistan conflicts is responsible for the payment of employee’s medical treatment required after manifesting lung disease (bronchiolitis) from exposure to burn pits maintained during the war.
Sunday, November 12, 2017
Amnesty International USA Files a FOIA Request on Burn Pits
Amnesty International USA filed a request under the Freedom of Information Act (FOIA) to seek documents related to the use of burn pits by the U.S. military. For decades, the military has used burn pits producing toxic smoke to dispose of hazardous waste on military bases around the world. More than 100,000 veterans have reported serious health effects following exposure to burn pits, including neurological disorders, rare forms of cancer, reduced lung function and pulmonary diseases.
Saturday, April 4, 2015
Companies Cannot Stifle Whistleblowers in Confidentiality Agreements: SEC v KBR Settlement
The Securities and Exchange Commission today announced its first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.
The SEC charged Houston-based global technology and engineering firm KBR Inc. with violating whistleblower protection Rule 21F-17 enacted under the Dodd-Frank Act. KBR required witnesses in certain internal investigations interviews to sign confidentiality statements with language warning that they could face discipline and even be fired if they discussed the matters with outside parties without the prior approval of KBR’s legal department. Since these investigations included allegations of possible securities law violations, the SEC found that these terms violated Rule 21F-17, which prohibits companies from taking any action to impede whistleblowers from reporting possible securities violations to the SEC.
KBR agreed to pay a $130,000 penalty to settle the SEC’s charges and the company voluntarily amended its confidentiality statement by adding language making clear that employees are free to report possible violations to the SEC and other federal agencies without KBR approval or fear of retaliation.
“By requiring its employees and former employees to sign confidentiality agreements imposing pre-notification requirements before contacting the SEC, KBR potentially discouraged employees from reporting securities violations to us,” said Andrew J. Ceresney, Director of the SEC’s Division of Enforcement. “SEC rules prohibit employers from taking measures through confidentiality, employment, severance, or other type of agreements that may silence potential whistleblowers before they can reach out to the SEC. We will vigorously enforce this provision.”
According to the SEC’s order instituting a settled administrative proceeding, there are no apparent instances in which KBR specifically prevented employees from communicating with the SEC about specific securities law violations. However, any company’s blanket prohibition against witnesses discussing the substance of the interview has a potential chilling effect on whistleblowers’ willingness to report illegal conduct to the SEC.
“KBR changed its agreements to make clear that its current and former employees will not have to fear termination or retribution or seek approval from company lawyers before contacting us.” said Sean McKessy, Chief of the SEC’s Office of the Whistleblower. “Other employers should similarly review and amend existing and historical agreements that in word or effect stop their employees from reporting potential violations to the SEC.”
Without admitting or denying the charges, KBR agreed to cease and desist from committing or causing any future violations of Rule 21F-17.
The SEC’s investigation was conducted by Jim Etri and Rebecca Fike and supervised by David L. Peavler of the Fort Worth Regional Office.
Related reading:
"Indefensible" - More than $20 million for military incinerators up in smoke
The SEC charged Houston-based global technology and engineering firm KBR Inc. with violating whistleblower protection Rule 21F-17 enacted under the Dodd-Frank Act. KBR required witnesses in certain internal investigations interviews to sign confidentiality statements with language warning that they could face discipline and even be fired if they discussed the matters with outside parties without the prior approval of KBR’s legal department. Since these investigations included allegations of possible securities law violations, the SEC found that these terms violated Rule 21F-17, which prohibits companies from taking any action to impede whistleblowers from reporting possible securities violations to the SEC.
KBR agreed to pay a $130,000 penalty to settle the SEC’s charges and the company voluntarily amended its confidentiality statement by adding language making clear that employees are free to report possible violations to the SEC and other federal agencies without KBR approval or fear of retaliation.
“By requiring its employees and former employees to sign confidentiality agreements imposing pre-notification requirements before contacting the SEC, KBR potentially discouraged employees from reporting securities violations to us,” said Andrew J. Ceresney, Director of the SEC’s Division of Enforcement. “SEC rules prohibit employers from taking measures through confidentiality, employment, severance, or other type of agreements that may silence potential whistleblowers before they can reach out to the SEC. We will vigorously enforce this provision.”
According to the SEC’s order instituting a settled administrative proceeding, there are no apparent instances in which KBR specifically prevented employees from communicating with the SEC about specific securities law violations. However, any company’s blanket prohibition against witnesses discussing the substance of the interview has a potential chilling effect on whistleblowers’ willingness to report illegal conduct to the SEC.
“KBR changed its agreements to make clear that its current and former employees will not have to fear termination or retribution or seek approval from company lawyers before contacting us.” said Sean McKessy, Chief of the SEC’s Office of the Whistleblower. “Other employers should similarly review and amend existing and historical agreements that in word or effect stop their employees from reporting potential violations to the SEC.”
Without admitting or denying the charges, KBR agreed to cease and desist from committing or causing any future violations of Rule 21F-17.
The SEC’s investigation was conducted by Jim Etri and Rebecca Fike and supervised by David L. Peavler of the Fort Worth Regional Office.
"Indefensible" - More than $20 million for military incinerators up in smoke
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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, September 25, 2013
Public Disclosures Don't Bar Halliburton FCA Suit, Court Says
| Today's post is shared from law360.org. The False Claims Act’s public disclosure bar does not prevent a water purification specialist's lawsuit accusing Halliburton Co and KBR Inc of violating contractual duties to test and purify lavatory and drinking water used by U.S. troops in Iraq, a federal court in Virginia ruled on Thursday. The FCA’s public disclosure bar jurisdictionally bans claims based on matters that were publicly disclosed unless the relator was the original source of the allegations. Although the court ruled that the companies did make public disclosures about the information at-issue, it determined that it was more likely than not that whistleblower Benjamin Carter did not base his claims on that information. “Carter has shown that he had independent knowledge of the facts underlying his claim and that he derived his allegations from his own independent knowledge,” the court wrote. Carter, a former reverse osmosis water purification unit operator, has long been locked in a legal battle against Halliburton and KBR affiliate Kellogg Brown & Root Services Inc. over claims they billed the government for water purification work they never did at U.S. bases in Al Asad and Ar Ramadi, Iraq. Halliburton had argued that Carter got his information from prior allegations brought against the oil company, but the district court ruled that Carter based his claims on first-hand experiences. “Although the... |
Saturday, December 15, 2012
Breast Cancer Linked to Workers' Exposure at Semiconductor Factory
Recent studies have associated exposure to solvents as an increased risk factor for breast cancer.
"Endocrine disrupting chemicals and carcinogens, some of which may not yet have been classified as such, are present in many occupational environments and could increase breast cancer risk. Prior research has identified associations with breast cancer and work in agricultural and industrial settings. The purpose of this study was to further characterize possible links between breast cancer risk and occupation, particularly in farming and manufacturing, as well as to examine the impacts of early agricultural exposures, and exposure effects that are specific to the endocrine receptor status of tumours."
Breast cancer risk in relation to occupations with exposure to carcinogens and endocrine disruptors: a Canadian case--control study
Environmental Health 2012, 11:87 doi:10.1186/1476-069X-11-87 Published: 19 November 2012
Read more about "Breast Cancer" and occupational exposures:
Environmental Health 2012, 11:87 doi:10.1186/1476-069X-11-87 Published: 19 November 2012
Read more about "Breast Cancer" and occupational exposures:
Dec 05, 2012
Susan G. Komen for the Cure® asked the IOM to review the current evidence on breast cancer and the environment, consider gene–environment interactions, review the research challenges, explore evidence-based actions ...
Nov 23, 2012
"A growing body of scientific evidence suggests that mammary carcinogens and/or EDCs contribute to the incidence of breast cancer. Yet there remain gaps and limitations. This exploratory population-based case–control ...
Mar 18, 2011
Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related illness. The legislation also creates a presumption that 3 other cancers (skin, prostate ...
May 29, 2010
"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 ...
Monday, November 26, 2012
The 6 Things You Need To Do If You Are Exposed To Mercury
Elemental mercury is a silver, odorless liquid.
Today's post comes from guest author Catherine Stanton from Pasternack Tilker Ziegler Walsh Stanton & Romano.
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 chemicals) exposure. There are other forms of mercury, such as compounds found in contaminated fish, known as organic mercury and those are not covered by the guide.Workers who experience a one-time sudden exposure to any chemical substance at work, should:
- Gather as much information as you can about the type and amount of exposure, including labels, Material Safety Data Sheets (MSDS), and the medical emergency phone number on the MSDS.
- If you are feeling ill, seek medical attention at an emergency department (ED) immediately. It is best if a medical toxicologist is consulted as part of your visit to the ED. They can be reached for advice about treatment by having the healthcare professional contact the Poison Control Center at 1-800-222-1222.
- You can call the PCC independently for recommendations as well.
- Once the urgent situation has been taken care of, you may contact the nearest occupational health clinic in the country for recommendations and follow-up.
- This fact sheet is not a substitute for medical care. The purpose is to direct the exposed worker to the proper medical provider.
- Report any exposure to your employer immediately. Complete an incident or exposure form. If none is available, write a memo informing them of the exposure incident (date, time, location, what you were doing in the area, and for how long). Keep copies and insist that documents are placed in your personnel files.
Monday, November 19, 2012
Inconsequential
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| Employees Lives Are Inconsequential |
Workers' Compensation benefits were discussed in the boardroom following the loss of life of two members of the crew in a fatal crash. When the owner of the airlines was attempting to evaluate his economic exposure of a plane that crashed at the hands of a pilot who was flying DWI, the lawyers responded emphatically, the economic value of the two dead crew members could not be evaluated in the economic equation since their losses were inconsequential to the airlines as they were covered under workers' compensation.
Economics drives safety. If workers' compensrtion does not economically compensate injured workers and their famiies, then the remedy is inadequate. Loss of life should not be deemed inconsequential.
Thursday, November 8, 2012
Asbestos Exposure Occurs When Old Pipe Bursts
Asbestos continues to be a major health hazard since it remains in construction material exposuing workers to potential latent disease such as: asbestosis, lung cancer and mesothelioma. The US has yet to ban asbestos.
While hazmat workers rushed to the scene in an attempt to contain and repair the leak, the accident exemplies the need for workers to continue to be educated about safety proceedures in handling asbestos fiber.
The workers' compensation and civil justice system continues to be available for those who have been exposed and require medical surveillance. Exposed individuals need to take action within a prescribed time period after an exposure and should consult with an attorney at law for guidance inorder to protect their rights under the law.
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Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 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 occupational accidents and illnesses.Read More About Asbestos
Nov 04, 2012
The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...
Oct 18, 2012
Workers continue to be exposed to asbestos during removal and abatement projects. It is imperative that asbestos be removed in a safe and prescribed manner to avoid any unnecessary disease and illness. Merely "dumping" ...
Sep 14, 2012
"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health ...
Sep 04, 2012
The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .
Workers’ Compensation Is About Relationships
Today's post comes from guest author Ryan Benharris (MA) from Deborah G. Kohl Law Offices.
Prevention of accidents should be the first step in establishing a successful workers’ compensation system. If an employer were truly concerned about the health and safety of the employee there would be no need for workers’ compensation.
Unfortunately the profit motive of the employer sometimes corrupts the process, and shortcuts are taken at work to increase production at an anticipated lower cost to the employer.
Employers need to understand that the human and financial costs of industrial accidents and exposures can be devastating. Injured workers, through the workers’ compensation process, may seek the payment of medical benefits, lost time payments and permanent disability awards.
Hopefully, the relationship between employees and employers can improve, and the workplace can become a safer environment.
....
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 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 occupational accidents and illnesses.
More About Workers' Compensation and Medical Benefits
More About Workers' Compensation and Medical Benefits
Jul 30, 2011
The just published, Issue 3 of the Workers' Compensation Resources Research Report (WCRRR) provides 23 years of information on cash benefits, medical benefits, and total (cash plus medical) benefits per 100,000 workers ...
Mar 21, 2012
The implementation of the Act will ultimately have far reaching consequences of the overall operation of both the delivery of workers' compensation medical benefits and the ultimate assessment/apportionment of permanent ...
Nov 13, 2008
Now that Barach Obama is a going to be at the helm of the US, greater attention is being focused on the need for a national health care system incorporating workers' compensation medical coverage. With private insurance ...
Aug 29, 2011
The medical issue remains open usually and medical benefits remain the responsibility of the employer. The medical issue becomes a complication when costs are attempted to be shifted to collateral medical carriers or ...
Monday, November 5, 2012
Medicare Recovery Contractor Is Operational Again
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| Centers for Medicare and Medicaid Services (Medicaid administrator) logo (Photo credit: Wikipedia) |
Hurricane Sandy Update
November 4, 2012
The Workers’ Compensation Case Control System (WCCCS) and the Workers’ Compensation Medicare Set-aside Portal (WCMSAP) are currently operational. The Workers' Compensation Review Contractor (WCRC) has resumed its duties.
Friday, January 13, 2012
Defense Base Act Bars Convoy Drivers Lawsuit Against KBR
The U.S. Court of Appeals on Thursday ruled the convoy drivers employed by a defense contractor, KBR, in Iraq were bared by the Defense Base Act (DBA) which is US law that shields military employers from civil actions. The drivers were injured while performing their jobs for the military contractor in providing logistical support to the military.
Read the Bloomberg news dispatch: KBR Won't Face Trial in Convoy Driver Deaths, Court Rules
"Coverage of an injury under the DBA precludes an employee from recovering from his employer,” even if the worker claims the company was “substantially certain” the injuries would occur, U.S. Circuit Judge Priscilla R. Owen said in a 30-page ruling by the panel."
Read the Bloomberg news dispatch: KBR Won't Face Trial in Convoy Driver Deaths, Court Rules
"Coverage of an injury under the DBA precludes an employee from recovering from his employer,” even if the worker claims the company was “substantially certain” the injuries would occur, U.S. Circuit Judge Priscilla R. Owen said in a 30-page ruling by the panel."
The Court's Opinion: Fisher v. Halliburton, 10-20202, U.S. Fifth Circuit Court of Appeals
Friday, December 18, 2009
Chemical Exposure in Iraq Claims Soldier
The death of an Indian National Guard member has been alleged to have been caused by a chemical exposure at an Iraq worksite.
The terminal cancer of Lt. Colonel Jim Gentry, age 52, has been attributed to an exposure to sodium dichloride. His unit was assigned to guard American contractors who were restoring the oil fields. The contractor, KBR, has been blamed for the negligent release of the chemical and exposures in the Qarmat Ali Water Treatment plant. Litigation is ongoing.
The US military is presently reviewing the extent of the chemical release and the consequences. The US Senate recently held hearings concerning the safety and health of soldiers deployed to Iraq who may have been exposed to hazardous chemicals at contractor worksites.
Thursday, October 8, 2009
The Toxic Legacy in Iraq
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The Public Education Center (PEC) has published the second in a series of investigative articles concerning the toxic exposure of Army National Guard Units to cancer-casuing chemicals allegedly released by a government contractor, KBR, Inc.
The exposure was a result of a release by KBR, Inc. to, “...dichromate, a rust-fighting industrial chemical and highly-concentrated hexavalent chromium compound, Hexavalent chromium.” Hexavalent chromium has been described as the most toxic chemical known to man.
The series entitled, “No Contractor Left Behind,” chronicles “...chronicles how a toxic time bomb followed three Army National Guard units home from Iraq. It reveals how a notorious military contractor exposed American soldiers to a cancer-causing carcinogen on the battlefield and how the Pentagon tried to downplay the consequences. And it describes how Congress has relegated its investigation to a toothless forum that lacks the political clout and oversight powers to ensure effective accountability.”
A law suit has been filed by 30 West Virginia National Guardsman because of the exposure. Last month a Pittsburg shoulder who served in Iraq and was also exposed filed a law suit seeking damages for the consequences of his exposure.
For additional article on the Halliburton-KBR Litigation click here.
Tuesday, June 9, 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 against KBR (Kellogg, Brown & Root), a subsidiary of Halliburton, for concealing the contamination and knowingly exposing them to potential harm. The chromium chemical, sodium dichromate, was utilized to prevent corrosion.
The Oregon legislature has held hearings on pending legislation to assist the ill soldiers. One Oregon soldier has died of complications of leukemia at the age of 21.
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