Friday, November 1, 2013

EPA Fines Phoenix-based Company $95,000 for PCB violations

Today's post was shared by US EPA News and comes from yosemite.epa.gov

SAN FRANCISCO – The U.S. Environmental Protection Agency has required Veolia ES Technical Solutions, LLC to pay a $95,000 civil penalty for failure to properly manage PCBs (polychlorinated biphenyls) at its Jefferson Avenue facility in Phoenix, Ariz.

The violations stemmed from two inspections in 2008 and 2010. EPA inspectors found the company used PCB-contaminated structures, and improperly stored and disposed of PCBs in violation of the federal Toxic Substances Control Act.“Our goal is to safeguard workers and nearby communities from the health hazards of PCBs,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest.

“This settlement ensures that Veolia will take necessary steps to improve its storage and disposal practices.”Veolia Environmental Services North America, the parent company of Veolia ES Technical Solutions, LLC, employs over 5,400 staff generating $1.1 billion in revenues in 2012.

The company specializes in the management, treatment and disposal of waste. PCBs are man-made organic chemicals used in paints, industrial equipment, plastics, and cooling oil for electrical transformers.

More than 1.5 billion pounds of PCBs were manufactured in the United States before the EPA banned the production of this chemical class in 1978, and many PCB-containing materials are still in use today....

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Former Winchester, Idaho hotel owner settles with EPA for asbestos demolition violations

Today's post was shared by US EPA News and comes from yosemite.epa.gov

(Seattle – October 28, 2013) BBA Winchester LLC, the owner of a former hotel located in Winchester, Idaho has settled with EPA and agreed to pay a $21,000 fine for asbestos safety and environmental violations from improper demolition of the hotel.

“This is an unfortunate example that when asbestos is not properly removed before demolition, the entire debris pile becomes contaminated, putting people at risk, and greatly increasing disposal costs,” said Scott Downey, Manager of the Air and Hazardous Waste Compliance Unit at the EPA Seattle office.

“Because this owner failed to check for asbestos before demolition, their $2,000 demolition project ballooned into a $55,000 asbestos waste cleanup and disposal problem.”In response to public complaints, EPA inspected the demolition site of the former hotel in 2012.

BBA Winchester LLC demolished the 100-year-old hotel in late 2011 or early 2012, without first inspecting the building for asbestos, removing asbestos materials, or notifying EPA, as required by law.

The demolition was in a residential neighborhood and the contaminated debris was unsecured for more than a year, prompting community concerns about asbestos health risks. EPA inspectors collected samples from the site that showed the demolition debris contained regulated asbestos waste. After confirming the debris was...

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EPA Extends Public Comment Period on Cleanup Plan for Maywood Chemical Company Superfund Site

Today's post was shared by US EPA News and comes from yosemite.epa.gov

The U.S. Environmental Protection Agency has extended the public comment period for its proposed cleanup plan to address contaminated soil at the Maywood Chemical Company Superfund site in Maywood and Rochelle Park, New Jersey.

The Agency is extending the comment period, which was set to end on October 22 to November 21.

Previous industrial activity at the site resulted in contamination of the soil and ground water with volatile organic compounds, radioactive waste and metals.

The EPA proposal calls for a combination of removing and treating contaminated soil.

The EPA held a public meeting on September 9, 2013 to explain the proposed plan. For more information and to view the proposed plan, visit http://epa.gov/region02/superfund/npl/maywood.

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Canadian Pipeline Incidents Have Doubled In The Past Decade

Today's post was shared by Huffington Post and comes from www.huffingtonpost.com

Oct 28 (Reuters) - The rate of safety-related incidents on federally regulated pipelines in Canada doubled over the last decade, while the rate of reported spills and leaks was up threefold, according to an investigative report by Canada's national broadcaster.

The total number of incidents, which included everything from spills to fires, swelled from 45 in 2000 to 142 in 2011, the CBC reported on Monday, citing data from the National Energy Board (NEB) obtained through access-to-information requests.

That translated to a doubling from one incident for every 1,000 km (620 miles) of federally-regulated pipeline in 2000, to two in 2011.

The CBC investigation also found that the rate of product reported releases - spills and leaks - rose threefold, from four releases for every 10,000 km in 2000, to 13 in 2011.

The NEB regulates all pipelines that cross provincial or international borders, but does not monitor smaller pipelines that are only in a single province.

The safety of shipping petroleum products via pipelines has become a hot topic in recent years, with companies like Enbridge Inc and TransCanada Corp developing major new projects to move crude from Canada's oil sands to markets in the United States and Asia.

Opponents say a pipeline leak can cause catastrophic environmental damage and often cite a 2010 incident where an Enbridge pipeline carrying crude from Alberta ruptured, spilling huge amounts of oil into the Kalamazoo River in Michigan.

But pipeline companies say their...

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SeaWorld Appeal Could Force Taming Of Its Popular Shows

Today's post was shared by Huffington Post and comes from www.huffingtonpost.com

By Carlyn Kolke

(Reuters) - A killer whale, the lawyer-son of a Supreme Court justice and the grisly death of wildlife trainer will play roles in a U.S. appeals court case next month that could forever change marine park operator SeaWorld's marquee entertainment.

The signature attraction for the company's three U.S. theme parks has been shows featuring the black-and-white killer whales or orcas, including several named Shamu, performing flips and other stunts under the direction of trainers who historically have been in close contact with them.

But that changed after the February 2010 death of Dawn Brancheau, a 40-year-old trainer. She drowned after being pulled into a pool by Tilikum, a 12,000-pound bull orca, at SeaWorld's site in Orlando, Florida.

In August 2010, the U.S. Occupational Safety and Health Administration (OSHA) fined SeaWorld $75,000 for three safety violations, saying it had exposed its trainers to a hazardous environment and violated a part of the Occupational Safety and Health Act known as the general duty clause.

OSHA, a part of the Labor Department, demanded SeaWorld make certain changes, notably, physically separating the killer whale trainers from the orcas during show performances.

SeaWorld is appealing the broad application of a federal safety law meant to protect workers in unusual circumstances. The case will come before a three-judge panel of the U.S Court of Appeals for the District of Columbia Circuit on Nov. 12.

With animal...

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CDC - Storm/Flood and Hurricane Response - NIOSH Workplace Safety and Health Topic

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

hospital worker, firefighter, police officer, hazmat cleanup worker

Storm and flood cleanup activities can be hazardous. Workers and volunteers involved with flood cleanup should be aware of the potential dangers involved, and the proper safety precautions. Work-related hazards that could be encountered include: electrical hazards, Carbon Monoxide, musculoskeletal hazards, heat stress, motor vehicles, hazardous materials, fire, confined spaces and falls. Links to information about hazards associated with storm and flood cleanup can be found below. This information is intended to help employers and workers prepare in advance for anticipated response activities, and to prevent work-related injuries and illnesses in the field once rescue, recovery, and clean-up begin.
What Services Can CDC/NIOSH Provide to Employers and Employees Involved in Hurricane Recovery? Provides information on work site hazard evaluations available to workers affected by hurricane recovery.

Generator Safety

Preventing electrocutions associated with portable generators plugged into household circuits

Medical Recommendations for Relief Workers and Emergency Responders

NIOSH Interim Guidance for Pre-exposure Medical Screening of Workers Deployed for Hurricane Disaster Work
This document provides interim guidance on medical screening for workers before beginning disaster response activities. It will be updated or revised as appropriate, as additional information becomes available. These materials were...

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Two Kinds of Hospital Patients: Admitted, and Not

Today's post was shared by The New Old Age and comes from newoldage.blogs.nytimes.com

Judith Stein got a call from her mother recently, reporting that a friend was in the hospital. “Be sure she’s admitted,” Ms. Stein said.
As executive director of the Center for Medicare Advocacy, she has gotten all too savvy about this stuff.
“Of course she’s admitted,” her mother said. “Didn’t I just tell you she was in the hospital?”
But like a sharply growing number of Medicare beneficiaries, her mother’s friend would soon learn that she could spend a day or three in a hospital bed, could be monitored and treated by doctors and nurses — and never be formally admitted to the hospital. She was on observation status and therefore an outpatient. As I wrote last year, the distinction can have serious consequences.
The federal Centers for Medicare and Medicaid Services tried to clarify this confusing situation in the spring with a policy popularly known as the “two-midnight rule.” When a physician expects a patient’s stay to include at least two midnights, that person is an inpatient whose care is covered under Medicare Part A, which pays for hospitals. If it doesn’t last two midnights, Medicare expects the person to be an outpatient, and Part B, which pays for doctors, takes over.
It’s rare to have hospital and nursing home administrators, physicians and patient advocates all agreeing about a Medicare policy, but in this case “there’s unanimity of dislike,” said ...

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Prevention For Profit: Questions Raised About Some Health Screenings

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

Messiah United Methodist Church in Springfield, Va., is unusually busy for a Thursday morning. It's not a typical time for worship, but parishioner Stacy Riggs and her husband have come for something a little different: a medical screening.

"I'm getting ready to turn 50 sooner than I'd like to say, and just thought it was a good time to get an overall screening," said Riggs, of Fairfax, Va. She doesn't have any symptoms, but she stopped by the church, which is offering a day of testing by the company Life Line Screening as a service to parishioners.

(Photo by Jenny Gold)

Life Line Screening medical assistant Kennea Blake prepares Stacy Riggs for an atrial fibrillation screening at Messiah United Methodist Church in Springfield, Va.

For less than $200, Riggs is getting six different screenings for stroke, heart disease and osteoporosis. Life Line says they've checked 8 million Americans this way at churches and community centers, and up to 10 percent of them are found to have some sort of abnormality.

But several of the tests performed by Life Line are on a list of procedures for healthy people to avoid.

The tests can potentially do more harm than good, according to the U.S. Preventive Services Task Force, an independent panel that recommends evidence-based treatments. Even though the screening tests may be noninvasive, follow-up exams and procedures often are not, and can increase a person's odds of being injured or over treated.

One of those tests is the carotid artery...

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Aging Activities: Managing someone else’s money

As America's workforce ages new concerns are emerging for the growing aging population. From time to time we will be focussing on Aging Activities and issues, by providing information and commentary. Today's post is shared from consumerfinance.gov

Millions of Americans are managing money or property for a loved one who is unable to pay bills or make financial decisions. This can be very overwhelming. But, it’s also a great opportunity to help someone you care about, and protect them from scams and fraud.
We are releasing four easy-to-understand booklets to help financial caregivers. The Managing Someone Else’s Money guides are for agents under powers of attorney, court-appointed guardians, trustees, and government fiduciaries (Social Security representative payees and VA fiduciaries.)
The guides help you to be a financial caregiver in three ways:

They walk you through your duties.
They tell you how to watch out for scams and financial exploitation, and what to do if your loved one is a victim.
They tell you where you can go for help.

You can also order free print copies (including bulk orders) online soon.
We’re working hard to empower older Americans to have a secure financial future. Sometimes family members, caregivers and others in the community must pitch in. We’re here to help you, too.
4 Comments » | Categories: Featured | Fraud | Older Americans | Scams

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Thursday, October 31, 2013

Aviation Safety: F.A.A. Allows Use of Electronic Devices Throughout Flights

Finally, the US F.A.A. has taken a step forward in making the airplane flight experience a better one. For decades, passengers and crew have been battling flight attendants over turning off and stowing personal electronic devices (PED). With so many passengers and crew virtually attached to the Internet for data, news and other media electronically, it was inevitable that PED use would be allowed on flights. Now the airlines will adjust its electronics to create a profit center for the sale of Internet and network access. The burden has also shifted to US airlines to commit to a testing program, and establish protocols for stowing devices. Today's post is shared from nytimes.com .

The change will most likely take effect before the end of the year, the F.A.A. said. Rules for cellphone use are set by the Federal Communications Commission, and unlikely to change soon, because of the nature of the cellphone system.

The administrator of the F.A.A., Michael P. Huerta, said he expected that, with rare exceptions, airlines would allow the use of tablets, MP3 players and smartphones in “airplane mode,” with their cell network connections turned off. The airlines will have to conduct tests on their equipment and submit the results to the F.A.A. for approval, he said.

Soon after Mr. Huerta spoke, Delta and JetBlue announced that they would submit a plan for passengers to use electronics in flight.

The change would not be universal, Mr. Huerta said....

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Government Shutdown Simulates “Small Government”

The US Senate again set the stage for another governmental shutdown. The Republican's blogged the nominations of President Obama's nominee for the the US Court of Appeals for the District of Columbia and the nominee for the head of the Federal Housing Agency. This strategic move puts into play the potential of another filibuster and how far a minority party can thwart the majority party. Today's post comes from guest author Kit Case, from Causey Law Firm of The State of Washington.

Every news program announces the ongoing shutdown of non-essential federal government services. News articles delve into the possible consequences. Republicans and Democrats fight over whether the other is willing to negotiate. Members of the Republican Party bicker within their ranks about the shutdown.

Everyone should take note that what we are experiencing with the current shutdown provides us all with a practice-run for the level of government desired by the Tea Party members of the Republican Party.

Wikipedia notes that the current "small government" movement in the United States is largely a product of Ronald Reagan's presidency from 1980–88. The Tea Party movement is a modern reflection of this belief in small government.

They claim that in the past the United States had a small government, and that it has turned away from that ideal. Some members of the Republican Party advocate small government, especially its libertarian wing, which includes politicians such as Ron Paul and his son Rand Paul.

The Libertarian party, a third party, supports small government. A 2013 poll showed that the majority (54%) of Americans think the government is trying to do too much.

We now have an opportunity to define “essential” services.

Although 54% is only just a majority, Americans can now ponder the concept of small government and what the effect of shrinking the government would have on federal, state and local jurisdictions. The “non-essential” services now halted would likely have to be replaced by those jurisdictions, where possible, were the federal government to be stripped down to the vision of the Tea Party and Libertarian Party members. We now have an opportunity to define “essential” services.

Cities across the country will feel the pinch of the shutdown, particularly if it drags out beyond a few days. Furloughs of non-essential federal employees won't just affect D.C. and its Maryland and Virginia suburbs. Cities around the country host full-time, non-Post Office federal employee populations. New York is home to 26,696 federal employees; Atlanta is home to 23,718; Philadelphia is home to 19,940; Chicago has 16,069; Houston has 15,530; and Los Angeles has 14,689. The list of the top 50 cities with the highest federal employment is here.¹

Improvements Will Save New York State Employers $800 Million Next Year and $300 Million Annually

Governor Andrew M. Cuomo today detailed a series of measures that reduce the cost to employers under the State’s workers’ compensation system by 26 percent in 2014, saving businesses and local governments $300 million in annual expenses. The Business Relief Act cuts the assessment to employers from 18.8 percent to 13.8 percent, the largest reduction since 1998, and provides a one-time workers’ compensation assessment savings to all self-insured employers of approximately $500 million.

“The improvements in the workers’ compensation system will deliver major savings for businesses across the state, giving them the opportunity to use that extra money to make investments and create jobs in their communities,” Governor Cuomo said. “With the cost reductions in the workers’ compensation system, we are saving New York employers $800 million in 2013 and $300 million for each year moving forward – a tremendous savings that will be felt immediately by businesses, municipalities and school districts statewide. As we continue to make state government more efficient and take actions to make doing business in New York easier, we are also spearheading a comprehensive review of the current workers’ compensation system so that we can continue to find ways to deliver for our employers.”

Signed by the Governor as part of the 2013-14 budget, the Business Relief Act achieves $800 million in savings by reducing the cost to operate the workers’ compensation system, otherwise known as assessments, in two ways. Closing the Re-Opened Case Fund initially saves all New York State employers a $300 million annual assessment. In recent years, the cost of the Re-Opened Case Fund has grown exponentially while failing to serve its originally intended purpose. Closing the fund also reduces unnecessary litigation in the workers’ compensation system, another cost savings for employers.

End of Life Care: Withholding Antibiotics

A few weeks ago I had a discussion with my good friend, Melissa Brown, A Law School Professor who teaches Elder Law and Social Policy, and expert in workers' compensation law. We discussed End of Life Care , and the withholding of antibiotics to treat infections. The moral and ethical issues are far reaching when balancing the quality of life issues in older patients. Today post is shared from jurist.org . I would encourage readers to read the entire article and linked material as the important issue will soon be in the forefront of care protocols in the US.

The UK Supreme Court [official website] ruled [judgment, PDF; press release, PDF] Wednesday that Aintree University Hospitals NHS Foundation Trust [official website] was justified in its decision that withholding certain invasive treatments would be in the best interests of critical care patient David James, despite resistance from the patient's family. James was admitted to Aintree's critical care unit in May 2012 for an infection acquired during his treatment for colon cancer, where he was reliant on ventilator support and suffered multiple severe setbacks. Despite opposition from James' family, the hospital brought proceedings to the Court of Protection [official website] in September 2012. The hospital sought judicial declaration that withholding the specified treatments would be in James' best interest, pursuant to the 2005 Mental Capacity Act [text, PDF; Code of Practice] provision that it may in the best interests of a patient to withhold life-sustaining treatment "where treatment is futile, overly burdensome to the patient or where there is no prospect of recovery." The trial judge ruled against the declarations on December 6, and Aintree appealed. James subsequently suffered "further dramatic deterioration," and the Court of Appeal reversed [judgment, PDF] the decision on December 21, 2012. James died of cardiac arrest only 10 days later. Wednesday's ruling by the Supreme Court subsequently determined that the trial judge was correct in opposing the declarations and that the Court of Appeal was also correct in light of the changed circumstances since the initial ruling.

Click here to read the entire article.

DePaolo's Work Comp World: Trucks, WBV and Cancer

The National Cancer Institute (NC!) reports that over 230,000 males in the US will diagnosed with prostate cancer in 2013 and that 29,790 deaths will result. David DePaolo, published of WorkCompCentral®, writes today of the potential new wave of workers' compensation claims arising from the association of whole-body vibration syndrome (WBV) experienced by truck drivers and its relationship to prostate cancer. He links source material to support the argument. This post is shared from http://daviddepaolo.blogspot.com .

You just never know what the next big risk category is going to be in workers' compensation.
I had been persuaded by an argument offered by Charlie Kingdollar, Vice President emerging issues unit for General Re Corp., that nanomaterials would be the next asbestos.

OSHA has been particularly concerned with silica in the past couple of years.

Florida Workers' Compensation Fillings Continue to Decrease

The national trend of far fewer workers' compensation claims is reflected in recent Florida statistics. One must look beyond the statistics and evaluate whether claims are not being filed because they have been regulatorily or statutorily been barred; whether there has been a major decrease in riskier jobs; whether the workplace is actually becoming safer; or whether lawyers are not taking the claims to adjudication because they go uncompensated for their efforts. Perhaps a combination of all. If the claims are not being filing as work related compensable events, where are benefits being sought. One certain path is Medicare and Medicare and Social Security Disability Benefits, especially those with catastrophic injuries. Today's post is shared from Judge David Langham and I would encourage to read his entire blog post on his site at: http://flojcc.blogspot.com/2013/10/annual-reort-installment-petition.html David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings.

"Petition filings and new case filings continued to decline last year. Remember, the Florida Office of Judges of Compensation Claims (OJCC)(and the rest of the state) runs on a fiscal year, which begins each July 1 and concludes the following June 30. So, fiscal 2013 ended last summer, and the OJCC has been compiling and preparing statistics and measures since then. It is a long process that includes verification of data that our district staff has entered into the database through the year.

"In 2012-13, 58,041 PFB were filed. In 1995-96 the total PFB filing was 56,298. So, after a significant increase in litigation following the 1994 reforms, PFB volumes are approaching the pre-reform volumes. This is an imperfect comparison. Before the 1993 reforms, "claims" were the operative pleading for identifying the dispute, and jurisdiction of this Office over such disputes was effected by filing an "application for hearing" regarding the claim. With this significant change in 1993, it is difficult to compare filing volumes to periods before 1993.

Read the post in its entirety by clicking here.

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Target Bans the Box

Today's post was shared by Steven Greenhouse and comes from takingnote.blogs.nytimes.com

Sanctions that make it more difficult for ex-offenders to obtain jobs, housing and even basic documents like drivers’ licenses only serve to drive them back to jail. With that in mind, a growing number of states and municipalities now prohibit public agencies — and in some cases private employers — from asking about a job applicant’s criminal history until the applicant reaches the interview stage or gets a conditional job offer. These eminently sensible “ban the box” laws are intended to let ex-offenders prove their qualifications before criminal history issues enter the equation.

Earlier this year Minnesota extended its existing law to cover private employers. Now, the Minneapolis-based Target Corporation, one of the nation’s largest employers, has announced that it will remove questions about criminal history from its job applications throughout the country. The announcement represents an important victory for the grassroots community group TakeAction Minnesota, which had been pressuring the company to change.

This comes on the heels of a similar development earlier this month in California, where Gov. Jerry Brown signed a ban-the-box bill that applies to government employers. The federal Equal Employment Opportunity Commission gave this movement a lift last year, when it expanded and updated a ruling that barred employers from...

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Leading Coal Industry Law Firm Withheld Evidence of Black Lung Disease

Today's post was shared by FairWarning and comes from www.fairwarning.org

A miner’s struggle for benefits due to black lung disease spotlights aggressive tactics by a mining company law firm. Jackson Kelly recently was named by U.S. News & World Report as the nation’s top firm in mining law. But its actions are sometimes unethical, according to current and former judges, lawyers and state disciplinary officials. As a result, sick and dying miners have been denied benefits and affordable medical care. The firm, documents show, over the years has withheld unfavorable evidence and shaped the opinions of doctors reviewing miners’ medical claims by providing the physicians only what the lawyers wanted them to see. In a pending case involving a West Virginia miner named Gary Fox, Jackson Kelly was found to have withheld pathology reports from two doctors who concluded that Fox likely had black lung. The Center for Public Integrity - See more at: http://www.fairwarning.org/2013/10/68752/#sthash.lbQd8rOJ.dpuf

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Copyright

Friday, November 1, 2013

EPA Fines Phoenix-based Company $95,000 for PCB violations

Former Winchester, Idaho hotel owner settles with EPA for asbestos demolition violations

EPA Extends Public Comment Period on Cleanup Plan for Maywood Chemical Company Superfund Site

Canadian Pipeline Incidents Have Doubled In The Past Decade

SeaWorld Appeal Could Force Taming Of Its Popular Shows

CDC - Storm/Flood and Hurricane Response - NIOSH Workplace Safety and Health Topic

Generator Safety

Medical Recommendations for Relief Workers and Emergency Responders

Two Kinds of Hospital Patients: Admitted, and Not

Prevention For Profit: Questions Raised About Some Health Screenings

Aging Activities: Managing someone else’s money

Thursday, October 31, 2013

Aviation Safety: F.A.A. Allows Use of Electronic Devices Throughout Flights

Government Shutdown Simulates “Small Government”

Governor Cuomo Details Improvements to New York's Workers' Compensation System That Cut Costs to Employers by 26% for 2014

Improvements Will Save New York State Employers $800 Million Next Year and $300 Million Annually

End of Life Care: Withholding Antibiotics

DePaolo's Work Comp World: Trucks, WBV and Cancer

Wednesday, October 30, 2013

Florida Workers' Compensation Fillings Continue to Decrease

Target Bans the Box

Leading Coal Industry Law Firm Withheld Evidence of Black Lung Disease

Copyright

Friday, November 1, 2013

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