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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Sunday, November 24, 2013

Wages Stagnate as U.S. Manufacturers Reap Record Profits

It appears that the "great rebound" in US wages has not happened. Wages set rates of compensation benefits paid, so the lower the wages the less benefits paid. Workers' Compensation payments have become recessive and overall workers are doing worse with present workers' compensation benefit programs than in the past decades. Today's post was shared by Steven Greenhouse and comes from www.businessweek.com

Machinist Michael Pargeter reached for a reference to a TV cartoon set in the Stone Age to explain why union members were spurning a contract offer from Boeing Co. (BA:US)
Wages would be set “back to the Flintstones era” with a plan to slow future raises for new employees, Pargeter, 62, said outside a Seattle union hall last week while ballots were being counted, referring to an animated television show about prehistoric family life.
Boeing’s quest for concessions and employees’ opposition exposed a fault line in U.S. industry’s post-recession comeback: Even with hiring and output robust enough to be dubbed a manufacturing renaissance by President Barack Obama, workers are falling behind. Factory pay hasn’t kept pace with inflation and has fallen 3 percent on that basis since May 2009, while average pay for all wage earners slid only about 1 percent.
“We need to focus on how many jobs there are that give an adult a chance to earn a decent living,” said Gordon Lafer, an associate professor at the University of Oregon’s Labor Education and Research Center in Eugene. “Too much of the discussion has been about the number of jobs, and that’s obviously important, but there’s also a...
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Social Security’s Job

The Social Security system is an "unfair" benefit distribution plan according to some authorities. Compounding this issue is the patchwork of workers' compensation system that all seem to apply different rules for setoff f benefits from lifetime benefits as well as COLA modifications. Choosing the "right" jurisdiction to file a workers' compensation total disability claim can make all the difference in the world for the amount of benefits an injured worker receives during his or her lifetime. Today's post was shared by Steven Greenhouse and comes from economix.blogs.nytimes.com

Ratio of Social Security benefits to Social Security taxes paid, by race or ethnicity and year.
Ratio of Social Security benefits to Social Security taxes paid, by race or ethnicity and year.
Source: The Urban InstituteRatio of Social Security benefits to Social Security taxes paid, by race or ethnicity and year.
Does Social Security need to be fixed?
As Democrats and Republicans grapple over how to reduce the government’s budget deficit in the face of rising costs for pensions and health care, whether Social Security should be touched remains one of the most controversial topics in American budgetary politics.
But something big is missing to the debate over the finances of what is still the largest component of the social safety net: an understanding of how well it does its job.
When you peek under the hood, it doesn’t always look so great. Indeed, this supposedly great redistributive program — which uses a broad tax on all workers to protect the elderly from poverty — exhibits some fairly stark regressive features.
One well-known regressive feature comes from the rule that benefits must be annuitized, paid out over time in monthly installments rather than as a lump sum. This means that richer people who tend to live longer will get a bigger benefit than poorer people with shorter life spans. Survivor benefits redistribute money from the singles — who don’t get the benefit — to the married, who do.
Eugene Steuerle, Karen Smith and Caleb Quakenbush of the Urban Institute in Washington just discovered another unsuspected regressive...
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Obamacare Has a Friend in the Health Care Industry

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

In the LA Times today, Noam Levey writes that Obamacare has an ace in the hole: the insurance industry. Sure, they have their gripes:
But since 2010, they have invested billions of dollars to overhaul their businesses, design new insurance plans and physician practices and develop better ways to monitor quality and control costs.
Few industry leaders want to go back to a system that most had concluded was failing, as costs skyrocketed and the ranks of the uninsured swelled. Nor do they see much that is promising from the law's Republican critics. The GOP has focused on repealing Obamacare, but has devoted less energy to developing a replacement.
.... For many of these organizations, the prospect of new customers and a more rational system outweighs their sometimes intense irritation with the Obama administration. Insurance executives, in particular, have gnashed their teeth at the president's attacks on their industry....Despite the frustrations, most insurers remain committed to moving to a new market that would achieve the central promise of the Affordable Care Act: that all consumers can buy health plans even if they have preexisting medical conditions.
This is really a crucial point. Like it or not, the entire health care industry has spent the past three years gearing up for the rollout of Obamacare. At this point, they're committed—and doubly so since the Republican Party very clearly has no real alternative for them. This means that all the doom-mongering on Fox...
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Canada top court upholds ban on privately labeled drugs

The Supreme Court of Canada [official website] on Friday upheld [text] a ban on pharmacies selling their own generic drug brands. The ruling addresses the Drug Interchangeability and Dispensing Fee Act and the Ontario Drug Benefit Act [texts] which were meant to control the rising price of pharmaceuticals. Under this scheme, private pharmacies may not control generic drug manufactures and sell the drugs under their own name without actually manufacturing. This creates 

Photo source or descriptionan "arms length" operation requirement between the pharmacies and the drug manufacturers. Judge Abella reasoned:

The private label Regulations fit into this strategy by ensuring that pharmacies make money exclusively from providing professional health care services, instead of sharing in the revenues of drug manufacturers by setting up their own private label subsidiaries. In this way too, the Regulations correspond to the statutory purpose of reducing drug costs since disentangling the cost of pharmacy services from the cost of drugs puts Ontario in a better position to regulate both.
Pharmaceutical companies have been opposing the statutory scheme claiming it has cost them between $600 and $800 million per year. The current ruling only applies to Ontario.

Pharmaceuticals continue to create various controversies. In June the US Supreme Court [official website] ruled [JURIST report] generic drug design defect claims are preempted by federal law. Last November, the Supreme Court of Canada ruled...

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Saturday, November 23, 2013

Chamber takes aim at worker centers

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

The U.S. Chamber of Commerce took aim Thursday at worker centers with a new report detailing the groups’ foundation funding.

Worker centers are the nonprofit allies of unions that have increasingly become central this year to organizing workers as they demand higher wages and better workplace conditions. The AFL-CIO and others in labor have sought to strengthen their ties with worker centers as traditional union organizing has gone into decline.

The move by unions has grabbed the attention of labor critics and they have tried to bring new scrutiny upon worker centers.

“Contrary to their public façade, union front groups are well-financed, highly-sophisticated labor organizations,” said Glenn Spencer, vice president of the Chamber’s Workforce Freedom Initiative, in a statement. “When you pull back the curtain, one finds a river of financial support flowing to these groups from activist foundations.” 

The 48-page report — authored by Jarol Manheim, an emeritus professor at George Washington University, and commissioned by the Chamber — tallies up $57 million in funding to worker centers from foundations from 2009 to 2012.

“By reaching out to and through worker centers and their allied community organizations in the hope of capturing the benefits of this community-based grassroots organizing, and in some instances by mimicking center-like structures within the traditional union framework, the AFL- CIO and various...

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November 22, 1963 – A Personal Reflection and Alternative History If JFK Had Lived

Today's post is shared from Jay Causey, Esq. of the Washington State Bar.


Jay’s Collection of JFK Memorabilia
     I recall only a sense of numbness during the long walk back to the main campus in New Haven, Connecticut from an outlying athletic field where the Yale-Harvard freshman football game had been going on that Friday.  It had been eerily quiet in the stands for 30 minutes or so before the final announcement, with small transistor radios pressed to the heads of many as events unfolded in Dallas.  Then, but for a random police siren with no apparent purpose, there was mostly silence as people walked slowly away.
     1963 was a dramatically different time in the perception of the general public about what government could, or should, do.  I had gone to Yale imbued with the dynamic challenge of the inaugural speech in January of 1961 – “Ask not what your country can do for you; ask what you can do for your country.”  I envisioned a potential State Department career, so I loaded up with Russian language, political science, and Russian and Eastern European history in my freshman year.  It was a real and palpable sense of mission experienced by many of us in that period that I’ve never quite seen again among similar age groups in the aftermath of presidential elections, even Barack Obama’s.
I hope that in the not distant future a large cohort of 17 and 18 year-olds will get to experience the same exhilarating inspiration and sense of purpose about the governance of our country that I felt for too brief a time over fifty years ago.
     In hindsight, and with all we now know about John Kennedy’s presidency behind the scenes, it’s perhaps easy to deride the level of enthusiasm and inspiration for change and service to country that a huge number of 17 and 18 year-olds had at the time.  But for me, and I think many, November 22, 1963 was – stealing from Don McLean’s American Pie – the “day the political music died.” With the loss of what the Kennedy “magic” had inspired, I lost the drive sometime later in my freshman year, and wandered off into an American history major, and then to law school with no particular purpose in mind.  I’ve been a political junkie since I was 11, and while still engaged in politics for fifty years following JFK’s death, it’s never felt the same.
     Surfing the internet, you can find quite a number of so-called “alternative histories” – books and articles by historians and political analysts playing out what might have been the course of American history if Kennedy had not been assassinated.  Most of these focus on what would have happened with Vietnam, the civil rights movement, the rise of the counterculture, etc., with differing conclusions.  I have a longer view about how JFK’s death, in my view, likely affected the next generations right up to the current era.  Some of those who have speculated about the future, had President Kennedy not died, haven’t even lived through the entire period, as I have.  Since I’m pretty well-read on Vietnam and our history from the mid-60’s through the 70’s, I’ll take my shot.
     Many think that because Kennedy was, nominally, a “hawk” in the early period of our Vietnam intervention, he would have continued to engage our country in that misadventure — that we would have experienced involvement on a scale not much different than what occurred under President Johnson, since the same so-called “best and the brightest” of the Kennedy administration would still have been forming policy.  I conclude differently.  One core belief of Kennedy’s was that American troops would not be fighting on the ground, contrary to the sabre rattling plans of the Joint Chiefs of Staff.  JFK’s people had essentially faced the Chiefs down in the Cuban missile crisis of October 1962, when they were pounding the table for invasion and nuclear strikes.  And I think with Kennedy controlling Secretary of Defense Robert McNamara, in a way Johnson really couldn’t, with his prior experience holding back the Chiefs, and with his ability to evolve in his thinking on critical matters, we would have de-escalated our involvement in Vietnam in his second term. (Like Johnson did, JFK would have easily swamped Barry Goldwater in the 1964 election.)  I believe as the situation in Vietnam eroded, Kennedy would have sided with the opinion of those in his kitchen cabinet vigorously counseling against increasing American troops on the ground, and that this would have happened well before Walter Cronkite’s famous pronouncement in March of 1968, after seeing Vietnam first hand, that the best we could achieve there was a stalemate, faced with an unwinnable war. 
     So what’s the point of going through the above “alternative history?”  Without the nation being mired in Vietnam in 1968, without an incumbent president consequently withdrawing from another term, and without the disarray of the Democrats due to all of the above, Richard Nixon would not likely have made his comeback and become president.  If no Nixon, then no Watergate, and no  resulting miasma created by the implosion of the executive branch, the final degradation of which being President Ford’s unconditional pardon of Nixon for his “high crimes and misdemeanors.”
     By this point in the mid 70’s, the American public was pretty exhausted by the seeming incompetence and venality of its government and the deceits of the Vietnam debacle then coming to light, and had become largely cynical about what the Beltway-driven federal government could do.  A fairly feckless administration under President Carter — a man of enormous intellect but who would not likely have risen to national prominence as a viable “outside the Beltway” candidate if the table had not been set by the prior eight years — did not help.
     During the 70’s, as Watergate dragged the national psyche into the dumpster and we watched the final collapse of Saigon, as the last helos lifted off the U.S. embassy, there was a sense we’d lost our “mojo,” our “toughest kid on the block” status.  In this environment arose a hardened right wing arguing, as many still do, that we failed the troops by not letting them “win the war,” and that, overall, government was the problem, not the solution to any problems.  Of course, the concept of the Vietnam conflict being winnable was, and always has been, an absurdity under the lens of cogent military and historical analysis, but this thesis became a driving force in getting the U.S. military back to a supposed position of supremacy in subsequent years, and the consequential hemorrhaging of the national budget.  More importantly, the “we” that government had traditionally been seen as – spearheading huge national projects – was increasingly replaced in societal hierarchy by the “I” of the supposedly heroic, self-made man or woman, whose success was all their own and which benefitted society more than any collective effort of the people.
Fifty years ago there was consensus among even the most diametrically opposed politicians from opposing political parties that a fully functioning government was an absolute requirement for the country and our democratic processes.
     Cue the rise of Reagan, and Reaganism, which offered the comfort of a new feel-good, Hollywood-like “Morning in America” with the iconography of the mythical cowboy of the American west leading us out of our national torpor.  As Reagan intoned:  “The eight scariest words you’ll ever hear are: ‘I’m the government and I’m here to help’.”  The celebration of the “I”, and the demotion of “we the people” begins with Reagan, as does the inculcation in at least a generation of younger Americans the precept that government can’t, and shouldn’t, interfere with the unfettered functioning of the “free market” (except for the gargantuan outlay for national defense). The political philosophy Reagan, his staff and enablers embraced and the his administration’s policies jump-started the serious erosion of government controls on business and industry, the rampant growth of corporatism and financialization of the economy, and the dismantling of the middle class that continues today.  “Greed was good,” it was encouraged by policy, and made many of the “I”s rich beyond comprehension, as they produced nothing but their own wealth.
     Economists date the stagnation of the middle class beginning about the time of Reagan, when wages for working Americans flattened and are today barely above where they were then, in constant dollars.  Reagan’s firing of the air traffic controllers in 1981 emboldened a broad attack on organized labor that has continued for over thirty years.  The decline of the middle class is directly attributable to the decline of organized labor, its former bulwark, now down to 8-9% of the workforce from well over 30% when I began my practice of workers’ compensation in 1977.  The spread of “right to work” laws (for lower wages) has continued since the Reagan years.  And over the last thirty years wealth has become concentrated in a small sector of the population to an extent not seen since the era of the Robber Barons. 
     Would all of this have happened if the country had not gone through the post-JFK assassination turmoil?  Perhaps some of it was inevitable.  But I think the post-Kennedy era demonization of the role of government in a democracy with a complex market economy has had a far more profound effect on where we find ourselves today than would have happened, absent the assassination of 1963 and its aftermath.
     And what has all of that bred in today’s politics?  The rise of “leaders” on the fringes of the far right so dedicated to the proposition that government is trampling freedoms secured by the founding fathers that they will ensure it doesn’t work by any means necessary.  With galactic ignorance of our history, and spewing scripted sound bites of misinformation on any topic, they come to Washington not to govern but to dismantle government.  But while the extremes they advocate are largely unimaginable even by their political forbearers on the right, their roots are squarely in the anti-government philosophy that erupted on such a wide scale three decades ago.
     Fifty years ago there was consensus among even the most diametrically opposed politicians from opposing political parties that a fully functioning government was an absolute requirement for the country and our democratic processes.  The arguments were principally about which processes, priorities and methodologies to be used, not whether the government was going to run.  Arguments, debates, and analysis of government policies and process were largely substantive and advocated by legislators who mostly knew what they were talking about, not spouting talking points fed to them by media spinmeisters.
     Would we still have some semblance of that today with a different fifty-year history after 1963?  You decide.  I’ve personally come to believe our history, and where we find ourselves in 2013, would be different – and better. I hope that in the not distant future a large cohort of 17 and 18 year-olds will get to experience the same exhilarating inspiration and sense of purpose about the governance of our country that I felt for too brief a time over fifty years ago. 

Friday, November 22, 2013

“Scientists Who Help Asbestos Industry Sell Asbestos” by Kathleen Ruff

Today's post was shared by Ban Asbestos Network and comes from www.gban.net


Kathleen Ruff

Scientists who help asbestos industry sell asbestosThe asbestos industry has money. But money cannot buy scientific credibility
Kathleen Ruff, RightOnCanada.ca, November 21, 2013
The asbestos industry will be holding a conference in New Delhi, India on December 3 & 4 to promote use of asbestos in India. The International Chrysotile Association (ICA), an organisation financed by the asbestos industry and which promotes the industry’s interests, is organizing the conference.
The ICA has now put on its website a list of its speakers and summaries of their pro-asbestos presentations.
The purpose of the conference and of the ICA is to promote continued use of chrysotile asbestos, particularly in India, the biggest importer of asbestos in the world. Scientists and health experts around the world have condemned the asbestos industry and its allies for disseminating deadly, deceptive misinformation that will cause disease and loss of life.
Many of the speakers have been paid by the asbestos industry for years to take part in activities and events to promote use of chrysotile asbestos, particularly in developing countries. They form a small, notorious group of asbestos industry allies.
David Bernstein, for example, has received millions of dollars from asbestos lobby organisations for research on rats which, according to Bernstein, shows that rats positively enjoy being exposed to chrysotile asbestos. A New York court recently concluded...
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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 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.

Truckers say new HOS rule has increased their fatigue: survey

Today's post was shared by NIOSH Transportation and comes from www.safetyandhealthmagazine.com


 New federal rules on commercial truck driver hours of service have actually increased driver fatigue, according to two-thirds of drivers recently surveyed by the American Transportation Research Institute.
ATRI, the research arm of the American Trucking Associations, surveyed more than 2,300 commercial truck drivers and 400 carriers about how the Federal Motor Carrier Safety Administration’s HOS rule has affected their operations. Among reasons for the change in drivers’ fatigue, respondents noted that the new HOS requirement to take a 30-minute break after eight hours of on-duty time causes their workdays to be longer because of the break itself and the time it takes to drive to a safe location.
More than half of the drivers also reported that the rule’s changes to the 34-hour “restart” provision to reset their weekly driving hours has decreased their safety by forcing them onto the roads during hours of congested traffic, which also endangers other motorists. The rule, which fully went into effect July 1, requires drivers to sleep between 1 a.m. and 5 a.m. for two periods during the 34 hours.
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Work, Women and Caregiving

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

Robert Lang/Getty Images

Trying to hold onto a job while caring for a family member is a tough juggling act. Caregivers sometimes have to arrive late or leave early, cut back to part-time work, and decline travel or promotions.

For women, these competing responsibilities may prove particularly perilous, a study recently published in the Journal of Applied Gerontology suggests. Women who are caregivers are also significantly less likely to be in the labor force, compared to women who are not caregivers.

Yet for men, caregiving has no impact on employment status.
The authors, two professors of social work, unearthed these patterns in national data gathered in 2004 in the Health and Retirement Study. They looked at participants aged 50 to 61, more than 5,100 people, roughly a third of them family caregivers. About 4 percent were caring for a spouse, 15 percent for a grandchild and about 20 percent for a parent; some took care of more than one relative.
(Every study seems to use a different definition of caregiving. In this case, the researchers defined it as caring for parents or grandchildren for at least 100 hours over two years; spousal caregivers had no minimum time requirement.)

As in virtually every other study, women were more likely to care for parents. Seven percent of the total sample assisted with parents’ personal needs, compared to 3.6 percent of men. Close to 16 percent of men helped parents with chores, errands and transportation, while more than 20 percent of...
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Overlooked Lymph Nodes in Rib Cage Have Prognostic Power for Mesothelioma Patients

A potential tool to diagnosis and treatment mesothelioma has been reported.

For the first time, researchers from the Perelman School of Medicine at the University of Pennsylvania have shown the predictive power of a group of overlooked lymph nodes--known as the posterior intercostal lymph nodes--that could serve as a better tool to stage and ultimately treat patients with malignant pleural mesothelioma.

The findings were presented October 28 at the 15th World Conference on Lung Cancer.
Physicians look to lymph nodes to stage essentially all cancers, including mesothelioma. The presence or absence of metastatic cancer cells in lymph nodes affects prognosis and also typically dictates the optimal treatment strategy. But posterior intercostal lymph nodes, which are located between the ribs near the spine, have not been previously used to stage or guide treatment of malignant pleural mesothelioma or any other cancer.

Silica exposures in fracking : Over 60 percent of workers may be excessively exposed

Silica exposure ironically was were the original workers' compensation exposures brought into the model acts post enactment ( 40 years+) as a vehicle to shelter employers from liability exposures. Today's post is shared from the Pump Handle

At least 1.7 million US workers are exposed to respirable crystalline silica each year, this according to the National Institute for Occupational Safety and Health (NIOSH).

These exposures occur in a variety of industries, among them construction, sandblasting, mining, masonry,  stone and quarry work, and in the rapidly expanding method of oil and gas extraction known as hydraulic fracturing or fracking.

This exposure can lead to silicosis,  an irreversible, and sometimes fatal, lung disease that is only caused by inhaling respirable silica dust. Silica exposure also puts exposed workers at risk of lung cancer, pulmonary tuberculosis and other respiratory diseases.

It is also associated with autoimmune disorders, chronic kidney disease and other adverse health effects.

As big a number as 1.7 million is (about 200,000 more people than currently live in Philadelphia), the “true extent of the problem is probably greater than indicated by available data,” according to NIOSH.

 The CDC agency has also written, there  “are no surveillance data in the US that permit us to estimate accurately the number of individuals with silicosis.”


It is against this backdrop of ongoing exposures of nearly 2 million silica-exposed workers and the serious health effects, that the Occupational Safety and Health Administration (OSHA) has proposed a regulation to address the hazard.  One provision of the proposal would update the agency’s...
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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 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.

California Doctors Prescribe More Name-Brand Drugs Than Any Other State

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


The only thing that perhaps matched the vastness of the spread or the depth of the traction of the "death panel" lie was the predictability that such a lie would come to be told in the first place.

After all, this was a Democratic president trying to sell a new health care reform plan with the intention of opening access and reducing cost to millions of Americans who had gone without for so long. What's the best way to counter it?

Tell everyone that millions of Americans would have increased access ... to Death! The best account of how the "death panel" myth was born into this world and spread like garbage across the landscape has been penned by Brendan Nyhan, who in 2010 wrote "Why the "Death Panel" Myth Wouldn't Die: Misinformation in the Health Care Reform Debate."

Johnson & Johnson hip implant settlement price could soar above $4 billion

Today's post was shared by FairWarning and comes from www.nj.com


A settlement Johnson & Johnson finalized yesterday over faulty hip implants could be worth more than the initial $2.5 billion price. 

Johnson & Johnson agreed to pay at least $2.47 billion to settle thousands of lawsuits over its recalled hip implants, lawyers for the company and patients told a judge in outlining an accord that may be worth more than $4 billion.

The agreement would resolve about 8,000 U.S. suits against J&J’s DePuy unit brought by patients who have already had artificial hips removed, Susan Sharko, one of the company’s lawyers, told U.S. District Judge David Katz yesterday in Toledo, Ohio.

The company will pay an average of about $250,000 for each surgery and cover related medical costs, Sharko said.

“The settlement provides compensation for eligible patients without the delay and uncertainty of protracted litigation,” Andrew Ekdahl, worldwide president of DePuy Synthes Joint Reconstruction said in a statement.

The settlement, which doesn’t require the judge’s approval, is the second multibillion-dollar accord this month for J&J, the world’s largest seller of health-care products.

The company, based in New Brunswick, New Jersey, agreed Nov. 4 to pay $2.2 billion to resolve criminal and civil probes into the marketing of...
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Cause of Gas Leak That Killed 2 Colorado Miners Is Sought

Today's post was shared by FairWarning and comes from www.nytimes.com


Federal mine safety inspectors on Monday were trying to determine the cause of an accident that killed two miners and injured 20 others near the mountain town of Ouray in southwestern Colorado.

According to the Mine Safety and Health Administration, a foreman and a miner at the Revenue Virginius Mine, which conducts underground gold and silver mining, were overcome by gas in an area where an explosive had been detonated.

The fallen miners, identified as Nick Cappanno, 34, of Montrose, and Rick Williams, 59, of Durango, died of carbon monoxide poisoning, officials said.

Mine rescue teams searching for the men detected fatal levels of the gas, and 20 miners were taken to hospitals, said Amy Louviere, a spokeswoman for the mine safety agency. All have been released.

The mine, owned by Star Mine Operations of Denver, has been cited for more than two dozen federal safety violations since the company began operating it in 2011. 

Many of the violations involved the misuse of electrical equipment and machinery, or a failure to follow safety precautions, federal mine safety records show.

In the most recent incident, on Oct. 22, federal inspectors cited the company for failing to secure gas cylinders safely and for using defective equipment.

According to the mine safety agency, the rate of workdays lost to nonfatal accidents at the mine was more than double the national average for each of the past two years.

Rory Williams, the mine’s manager, who is not related...
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New Scrutiny for Medical Devices

Today's post was shared by FairWarning and comes from well.blogs.nytimes.com

Metal-on-metal replacement hips remain high-risk, but other devices are to be downgraded.

Metal-on-metal replacement hips remain high-risk, but other devices are to be downgraded.

Wayne Schneider’s heart stopped beating late last year while the Minneapolis paramedic was out on an emergency call.

Another medic performed CPR for a few minutes, and then used a medical device that delivered cardiac compressions mechanically for 64 minutes, until Mr. Schneider’s heart started beating normally on its own.

“I’m not sure people would have been able to sustain manual CPR for so long,” said Mr. Schneider, 57. “I’m a lucky guy.”

Stephen Colbert Chides Walmart For Employee Food Drive

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


Earlier this week, news broke that at least one Walmart store was holding a Thanksgiving food drive -- for its own employees. Many saw this as evidence that the world's largest employer would rather rely on charity than pay a reasonable living wage.

On last night's "Colbert Report," Stephen Colbert sarcastically praised the corporate giant for sticking to its guns in offering low wages to maximize profits, although not for the food drive itself.

"Some critics out there say Walmart isn't doing enough, but they're wrong, because Walmart isn't doing anything," he said. "These bins are for Walmart employees to donate to other employees.

McDonald’s tells workers to “sing away stress,” “chew away cares” and go to church

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


McDonald's tells workers to
McDonald’s advises its low-wage workers to try “breaking food into pieces” to feel full, and urges them to “pack your bags” for vacation, “chew away cares” with gum, “keep the faith” by going to church, and “sing away stress.”

These and other tips appear on a “McResource Line” website created by the McDonald’s Corp. to advise workers on stress, health and personal finances.

Among the tips that appear on the site: “Chewing gum can reduce cortisol levels by 16%”; “At least two vacations a year can cut heart attack risk by 50%”; “Singing along to your favorite songs can lower your blood pressure”; and “People who attend more church services tend to have lower blood pressure.”

The site also offers dietary tips for physical and mental health: “The tryptophan in cheese will increase serotonin levels and boost your mood”; “Trans fats raise the risk of depression, while olive oil can prevent the blues” and “Breaking food into pieces often results in eating less and still feeling full.” (That last one may be intended as dietary rather than budgetary advice.)

Some of those tips are featured in a new video slamming McDonald’s, released Tuesday afternoon...
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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 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.