Paterson's Textile Past Unravels: EPA Tackles Asbestos Threat

A chapter of industrial history is about to be carefully closed in the heart of Paterson, New Jersey. The U.S. Environmental Protection Agency (EPA) has announced a significant asbestos cleanup operation at the former Allied Textile Printing (ATP) site, set to begin September 16, 2024.

EPA Moves to Ban Dacthal: Worker Safety Concerns

The US EPA's proposed rule to ban Dacthal (DCPA) is rooted in concerns about the significant health risks it poses, particularly to workers who handle the pesticide or work in treated fields. Dacthal has been shown to disrupt thyroid hormone levels in fetuses, potentially leading to long-term developmental issues such as low birth weight, impaired brain development, decreased IQ, and motor skill deficits.

OSHA Proposes a Workplace Heat Standard

OSHA’s proposed new workplace heat standard requires employers to develop a plan to identify and address heat hazards. This plan must include monitoring heat conditions, providing water, and training employees about heat safety. The standard also sets requirements for acclimatization for new and returning employees.

Bill Proposes to Increase Benefits for Some Injured Workers and Dependents

Assemblywoman Dawn Fantasia filed legislation to institute additional workers' compensation supplemental benefits on June 13, 2024, and Assemblyman Inganamort co-sponsored it. 

NJ Mandates Access to Periodic Cancer Screenings for Firefighters

NJ Governor Murphy signed legislation that mandates access to periodic cancer screening examinations for firefighters who are not enrolled in the State Health Benefits Program (SHBP), but who are eligible for enrollment in the SHBP by public employment.

Analysis of US EPA's Draft Risk Evaluation for Formaldehyde and Worker Health

The U.S. Environmental Protection Agency's (EPA) draft risk evaluation of formaldehyde, released on March 15, 2024, raises significant concerns for worker health and worker compensation risk exposure.

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.

Long Overdue Public Safety Worker Coverage

Legislation has been reintroduced to provide workers’ compensation benefits for certain public safety workers who developed an occupational illness or injury flowing from the September 11, 2001, terrorist attacks. A closer look at the legislation reveals that it removes defenses such as causal relationship, statute of limitations, and jurisdiction. Complicated statutory and regulatory challenges may ultimately offset the benefits offered. 

NJ Expands Compensation Benefits for First Responders

NJ Governor Phil Murphy signed A-5909/S-4267, which revises workers' compensation coverage for certain injuries to certain volunteer and professional public safety and law enforcement personnel. The bill amends current workers’ compensation law to add that a response to an emergency, including work sufficient to cause certain injuries or death, is compensable.

TSCA Update

The U.S. Environmental Protection Agency (EPA) announced that it is beginning the process of prioritizing five additional toxic chemicals for risk evaluation under the nation’s premier chemical safety law. If, during the 12-month-long statutory process, the EPA designates these five chemicals as high-priority substances, the EPA will then begin risk evaluations for these chemicals. 

Preparing for the Next Epidemic of Occupational Disease

A recently published standard establishes minimum requirements to reduce the risk of disease transmission by exposure to infectious aerosols in new buildings, existing buildings, and major renovations.

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.

Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des Fréquences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”

OSHA Issues Extreme Heat Hazard Alert

The U.S. Department of Labor announced that it's Occupational Safety and Health Administration has issued a heat hazard alert to remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor workplaces.

New OSHA Reporting Requirements For Injuries and Illnesses

The U.S. Department of Labor announced a final rule requiring certain employers in designated high-hazard industries to submit injury and illness information electronically – that they are already required to keep – to the department's Occupational Safety and Health Administration.

Protecting workers from electronic monitoring, tracking, and management

Automated technological tools are being deployed to monitor, surveil, manage workers, and defend workers’ compensation claims. The Biden Administration has focused on this issue and requested information to create an advanced understanding of these tools' design, deployment, prevalence, and impacts.

Workers' Compensation Judges Exempt from Gun Permit Requirement

A Federal Judge, in a multifaceted decision, upheld a New Jersey law exemption that allows specific individuals to carry a concealed weapon without a permit. Workers’ compensation judges actively handling cases are one of the groups of individuals who are exempt from the permit requirement. 

State of New Jersey Failed to Address Deficiencies in $96 Million Workers’ Compensation Program

A report released today by the Office of the State Comptroller (OSC) finds that the agency that manages workers’ compensation claims filed by state employees failed to remedy deficiencies identified three years ago. As a result, the State faces a greater risk of preventable workplace injuries, spurious claims, and wasted tax dollars.

California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow

The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).

NJ Targets Rampant Misclassification of Drywall Workers

In its second strategic enforcement initiative, focusing on the drywall industry, the New Jersey Department of Labor and Workforce Development (NJDOL) reached a first-of-its-kind enhanced compliance agreement with Donald Drywall, L.L.C. of Lakewood after investigators found the subcontractor had committed numerous wage and hour, earned sick leave, and employee misclassification violations.