Workers' Compensation

Thursday, March 24, 2011

MIssouri Mulls More Work Comp Reform

Guest Blog by B. Michael Korte

The Missouri legislature is again considering a number of proposals to change its workers’ compensation system. Every year brings various efforts to continue to ratchet down the benefits provided to injured workers, but this year is the first since 2005 that any change is expected. That year, extensive changes were passed, including a requirement that cases be construed "strictly" rather than liberally.

Strict construction has proven to be a two-edged sword, with courts recently strictly construing Missouri law to allow more civil lawsuits against fellow employees, and perhaps excluding occupational diseases from the workers’ compensation system and allowing them to proceed in the civil court system.

Legislation will almost certainly pass in the pro-business-dominated legislature to close these loopholes. What remains to be seen is whether the legislature will finally act to save the state’s second injury fund.

The 2005 legislation placed a hard cap on funding for the fund, which has left it nearly bankrupt. The fund stopped making settlement offers in 2009, but now is finding itself unable to pay arrearages on permanent total disability awards. Although numerous independent audits agree that lifting the cap would solve the problem, legislative proposals are focusing instead on limiting or eliminating the fund.

The legislature will have until its adjournment on May 13 to solve the problem, but will also be consumed with budgetary and other problems in the meantime.

B. Michael Korte practices in Kirkwood, Missouri (The Korte Law Firm). B. Michael Korte is the author of Missouri Practice Vol. 29, Workers Compensation Law and Practice. He previously served as president of the Missouri Association of Trial Attorneys, and has been awarded its Outstanding Service Award. He previously served as president of the Missouri Association of Trial Attorneys, and has been awarded its Outstanding Service Award. He frequently lectures statewide at seminars sponsored by the Missouri Division of Workers’ Compensation, bar associations, and other groups. He has served as the chair of the Missouri Bar Association Workers’ Compensation Committee and as President of Kids’ Chance, Inc., a workers compensation charity.

Related articles

Montana Targets Workers Compensation to Reduce Deficit Spending (workers-compensation.blogspot.com)
Rescue Legislation for Missouri Second Injury Fund Fails (workers-compensation.blogspot.com)
NJ Second Injury Fund is in Financial Trouble (workers-compensation.blogspot.com)
Worker's Comp, Walker, and Wisconsin's Wailing (workers-compensation.blogspot.com)
RICO Issues Can Be Cured With A Single Payer Medical System (workers-compensation.blogspot.com)
Industry Coalition Wants to Cut CMS Conditional Payments (workers-compensation.blogspot.com)
An Important History Lesson In Workplace Safety Laws (workers-compensation.blogspot.com)

Wednesday, March 23, 2011

OSHA Advances Recording of Musculoskeletal Disorders

The U.S. Department of Labor's Occupational Safety and Health Administration, in partnership with the Small Business Administration's Office of Advocacy, today announced a series of three teleconferences to reach out to the small business community for input on OSHA's proposal to add a column for work-related musculoskeletal disorders on employer injury and illness logs. This proposal would require those employers already mandated to keep injury and illness records to add the step of checking a column when recording work-related musculoskeletal disorders.

Small businesses from around the country are encouraged to participate in the teleconferences. The first will be held on Monday, April 11 at 1:30 p.m. EDT. The second and third will be held Tuesday, April 12, 2011, at 9 a.m. EDT and 1:30 p.m. EDT. Participants may provide input about their experiences in recording work-related MSDs and how they believe the proposed rule would impact them.

The proposed rule only covers MSDs that employers are already required to record under the longstanding OSHA rule on recordkeeping. Prior to 2001, OSHA's injury and illness logs contained a column for repetitive trauma disorders that included hearing loss and many kinds of MSDs. In 2001, OSHA proposed separating hearing loss and MSDs into two columns, but the MSD column was deleted in 2003 before the provision became effective. OSHA's proposal would restore the MSD column to the Form 300.

Interested businesses that wish to participate in one of the teleconferences should contact Regina Powers at powers.regina@dol.gov by April 4, and indicate the teleconference in which they wish to participate. For more information, contact Robert Burt, director of OSHA's Office of Regulatory Analysis, at 202-693-1952 or Bruce Lundegren, assistant chief counsel for SBA Advocacy, at 202-205-6144.

Additional information is available online at Injury Tracking Application (ITA) Information

TRIANGLE'S ECHOES: The Unfinished Struggle for Worker Protection, Safety and Health

How far have we really come the since 1911, when the Triangle shirtwaist factory fire killed 146 people, most of them immigrant women, nearly half still in their teens? This film was commissioned by the National Consumers League and the planning Committee for the
Washington DC Triangle Shirtwaist Factory Fire 100th Anniversary symposium.

Click here to view the film: http://youtu.be/xN8cjH5qfRk

Related articles

HBO To Air Special of Triangle Shirtwaist Fire (workers-compensation.blogspot.com)
An Important History Lesson In Workplace Safety Laws(workers-compensation.blogspot.com)
Conference- The Triangle Shirtwaist Fire and its Legacy: Out of the Smoke and the Flame (workers-compensation.blogspot.com)
John Seabrook: The hundredth anniversary of the Triangle Shirtwaist Factory fire. (newyorker.com)
100th Anniversary Of Deadly Triangle Shirtwaist Fire Approaches (newyork.cbslocal.com)
Remembering the Triangle Fire, 100 Years Later(cityroom.blogs.nytimes.com)
US Labor Department - Website to Commemorate 100th Anniversary of the Triangle Shirtwaist Fire (workers-compensation.blogspot.com)
Commemoration-Triangle Shirtwaist Fire: A Century Later (workers-compensation.blogspot.com)

Tuesday, March 22, 2011

Playing the TSA Cancer Lottery

The Japanesse nuclear reactor radiation leak and the risk taken by the Fukusima workers, as well as in food contamination, has focussed increased concern about the unsafe use of radiation equipment used by the Transportation Safety Administration (TSA) in x-ray machines to scan passengers at airports. David Brenner, Phd,DSr, a researcher at The Center for Radiological Research at Columbia University in New York, reports that TSA's use of the machines will create an increase risk to passenger by causing an additional 100 cancers in the population each year. He calls for the use of different equipment to screen passengers.

At a US Senate hearing last week, Senator Susan Collins (R-Maine) revealed that TSA had made reporting errors in the statistics it has compiled in defense of the use of body scanners. "That is completely unacceptable when it comes to monitoring radiation," Collins said. "If TSA contractors reporting on the radiation levels have done such a poor job, how can airline passengers and crew have confidence in the data used by the TSA to reassure the public?"

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Monday, March 21, 2011

US Labor Department Launches Mobile-Optimized Website to Commemorate 100th Anniversary of Triangle Shirtwaist Factory Fire

Mobile site features audio tour and background of historic event

WASHINGTON — In commemoration of the 100th anniversary of the deadly fire at the Triangle Shirtwaist Factory in New York City, the U.S. Department of Labor today announced a new website and audio tour optimized for smartphones documenting that milestone in labor's history.

With audio narrated by Secretary of Labor Hilda L. Solis and other senior Labor Department officials, the website highlights 21 locations throughout the New York City metropolitan area that played a role in the March 25, 1911, fire. Users can read and hear about the events that led up to the fire, its victims and the aftermath. The fire killed 146 workers and was an early tipping point in the struggle to ensure basic health and safety precautions in the 20th century workplace.

"The events of the Triangle Shirtwaist Factory fire and their impact over the last 100 years are chilling reminders of the importance of the work of the Labor Department," said Secretary Solis. "As we continue to ensure that every company takes responsibility for the safety and health of its workers, we must also remember that although much has improved over the last 100 years, these images are still relevant today."

The website is http://m.dol.gov/shirtwaist. Audio recordings of the narration are also available by calling 866-487-2365.

On Friday, March 25, at approximately noon EDT, Secretary Solis is expected to deliver keynote remarks at the 100th anniversary commemoration of the Triangle Shirtwaist Factory fire sponsored by the Service Employees International Union in Greenwich Village (Washington and Green Streets) in Manhattan.

The Labor Department's mobile tour is one of many commemorative efforts organized by nonprofit groups; labor unions; academia; and local, state and federal entities surrounding the 100th anniversary of the Triangle Shirtwaist Factory tragedy.

Note: If you are not on a mobile device, please visit the tour on the full website

Commemoration- Triangle Shirtwaist Factory Fire: A Century Later

The Forward has published a special section for its new March 25 issue to commemorate and honor the 100^th anniversary of the Triangle Shirtwaist Fire. The section features the first-ever translations of the Jewish Daily Forward’s original Yiddish coverage of the event, including the front page of March 25, 1911, the day of the fire, stories about the heroes of the fire, and Editor Abe Cahan’s editorials about the tragedy.

The special section also includes an original essay from David Von Drehle, author of Triangle: The Fire That Changed America, as well as the winners of its Triangle Fire Poetry Contest, a prize poetry contest that the Forward held earlier this year to elicit submissions for both an English and Yiddish poem to honor the poetry of Morris Rosenfeld who documented the fire at the time and to reflect upon the fire’s meaning and legacy. The winner of the English poem was Zackary Sholem Berger of Baltimore, Md and the winner of the Yiddish section was Alec (“Leyzer”) Burko of New York City.

Lastly, another neat part of the section is a video tour featuring Chris Connor, a retired NYC fire marshal who visits the current building where the Triangle Fire took place (now a part of NYU’s campus) to document what went wrong on that fateful day.

Click here to see the special section. http://tinyurl.com/4vzrfa3

An Important History Lesson In Workplace Safety Laws

Guest Blog by John B. Boyd

“The only thing new under the sun is the history which you don’t know.” Harry S Truman

I am amazed at the number of Republicans and Democrats who love to credit our founding fathers with abundant wisdom, then conveniently ignore some of the historical facts about the legislation these legendary giants implemented during our early history. This is true whether for national health care, or, for appropriate workers’ compensation insurance coverage.

In 1798, the United States Congress passed an Act for Relief of Sick and Disabled Seamen. This law required all seamen who worked in the merchant marine (private companies) to pay a special tax to fund medical care and hospitals for seamen who were sick or injured. The government deemed that merchant seamen were necessary to the economic health of America and their hard labor jobs often produced injuries that if left untreated would result in an unnecessary loss of their labor and economic hardship for our country.

Thomas Jefferson was the Senate leader and John Adams the President. I dare say both of them were very familiar with our Constitution and it’s restrictions, yet they both helped put in place this common sense law and never once considered it an affront to personal liberty.

There is very little difference between that act and compulsory health insurance other than one is a tax and the other a fine if one doesn’t comply. Both require citizens to help fund their own health care. Both have the power to create a healthier workforce and consequently a healthier economy.

Next month marks the 100th anniversary of the Triangle Shirtwaist Factory fire, which is credited with the impetus for the need for strong unions; for national workers’ compensation laws; and, for states to enact safety laws regulating the workplace.

Today’s legislators would well be served by such history lessons.

John B. Boyd practices in Kansas City, Missouri (www.boydkenterlaw.com). He was the former Acting Chairman of the Labor & Industrial Relations Commission of Missouri. John is a founding member of and Past-President of the Workers' Injury Law and Advocacy Group and a member and former Vice-President of the Missouri Trial Lawyers Association. He is a charter Fellow in the College of Workers' Compensation Lawyers. He is counsel to the Missouri AFL-CIO Lawyers Coordinating Committee and represents various labor organizations.

Friday, March 18, 2011

Breast Cancer Presumed Occupational Illness

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 and multiple melanoma) are causally related to their employment in claims for workers' compensation benefits.

Click here for pending legislation: Bill#6 http://tinyurl.com/4ns622b

Industry Coalition Wants to Cut CMS Conditional Payments

A group of about 50 employers, insurance carriers and vendors have formed a coalition to endorse legislation (H.R.1063) introduced this week that would ease reporting requirements and reimbursement procedures of the Centers for Medicare and Medicaid (CMS). The organization, the Medicare Advocacy Recovery Group [MARC], contends that the proposed legislation will:

"Empowering Medicare to provide settling parties with the amount of their MSP repayment obligation during the settlement process, will allow taxpayers to settle quicker, and repay the Medicare Trust Fund faster.
"MSP Reform will provide a more affordable and less intrusive MSP system that protects beneficiaries and the Medicare Trust Fund, but does not waste limited judicial and other resources or needlessly confuse parties trying to settle a claim resulting from an injury to a beneficiary.
"MSP Reform will also eliminate the required use of Social Security Numbers (SSNs) and Health Insurance Claim Numbers (HICNs) in the reporting process, create a basic right of appeal for all parties to resolve a CMS MSP determination, clarify the statute of limitations, and require the CMS Actuary to determine a threshold below which the recoveries are so small it makes no sense to apply the complex MSP laws.

Theoretically it sounds like the change would create a more efficient system to establish: time limits for claim reimbursement; a statute of limitations for liability (3 years); an avenue for redress directly to the judicial system; and a threshold amount for reimbursement. However, the proposal would actually defeat the basic philosophy of the workers' compensation act.

The convoluted logic of the employer/insurance group just makes no sense. It is like saying that I didn't bother buying enough postage on a timely basis so I will just mail my letter at half-price. The universal legislative intent of workers' compensation act mandates that the employer is responsible for medical care of its injured workers. The insurance industry has tried other gimmicks before to continue its long history of cost shifting, and those have rightly failed as Congress wouldn't buy into them.

While employers and insurance carriers delay and deny compensation benefits, shifting the cost to the taxpayers through depletion of the Medicare system, is both offensive and repugnant. If the coalition wants to ride the carousel of "it's not how long, but how much," in doling out benefits, then they should not blame CMS for delays and penalties, caused by the coalition's own failure to report on a timely basis in the first place.

Wednesday, March 16, 2011

A Nuclear Workers' Compensation Disaster

As Japanese nuclear energy workers at the Fukushima Daiichi plant are being ordered to abandon efforts to contain the radiation emission, now at 1,000 times the safe limit, serious concern exists whether the US workers' compensation could handle a similar disaster, if not the consequences of the present event. The gut reaction in the US has been to lean on the Federal Government to bailout the ailing patch work of ailing state compensation systems. The lack of Federal preparation may not be adequate to permit an effective response this time around.

Historically The Federal government's role has been to rise to the occasion and walk further down a path to federalization. On a smaller scale than the potential consequences of the Japanesse debacle, the US was first in line in other mass disasters including: Beryllium workers, coal miners compensation, 9-11 Victims Compensation and subsequent Zadroga Fund, and the Gulf oil spill program. In the past the Feds have even prepared to help with H1N1 flu compensation and in the preparation of a Smallpox compensation program.

The Japanese model of delay and denial has proved ineffective. The victims of the Sumitomo Metal Mining uranium processing plant disaster in 1999 were summarily denied benefits for their ensuing radiation health problems.

While similar reactors in the US pose identical design problems, preparation is lacking in the US to provide an adequate response, and even integrate or utilize, the best of the state workers' compensation programs. Those systems are universally struggling to handle the delivery of benefits for occupational exposures. The Federal government has even ignored the implementation of legislation sponsored Senator Edward Markey (MA) for the prophylactic distribution of potassium iodine (KI) pills to those who are in a potential radius of exposure near nuclear reactor sites.

One would think that we would have learned from the Three Mile Island Diaster decades ago or Chernobyl (prediction of fatal cancers of 9,000 to 28,000 between 1986 and 2056). Even the warnings of leaks of similar nuclear reactors like Oyster Creek in NJ or Shoreham in NY, all close to major population centers, have not seemed to create a momentum of urgency.

Notoriously late to react in situations of latent disease has become the classic US policy. We have seen this repeated public health policy in other toxic exposures such as asbestos and tobacco. It is not that we didn't know, it is merely that the government just chose to ignore the public health issues. Unfortunately, this policy has compounded the problems for ailing workers' compensation systems, and it maybe too little and too late to prevent a meltdown of the entire system.

Tuesday, March 15, 2011

Worker's Comp, Walker, and Wisconsin’s Wailing

Guest Blog by Thomas M. Domer

What’s the connection between worker’s comp and Wisconsin Governor Walker’s assault on public sector bargaining rights? The immediate effect is that public sector workers will earn less money, and when hurt on the job, get less worker’s comp benefits. Over the longer term, denying the unions’ right to bargain over health benefits and working conditions will have significant effects.

Many public sector workers (cops, firefighters, teachers, city and county workers), will fall into the “no health insurance” heap that affects many private sector employees currently. When their claims are denied by the self-insured employer (the city, county, or school district), employees will not be able to get timely needed medical care for their injuries. And, to be sure, cities, counties and school districts will be under tons of political pressure to tighten their belts and budgets by denying claims with greater frequency. Lastly, since unions won’t be able to bargain over working conditions, safety issues will arise at a predictably larger rate. Workers will be at risk by the “corner-cutting” measures put in place by the budget slashing, no tax increase political mandate the ruling party possesses.

Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts Blog.

Monday, March 14, 2011

Conference- The Triangle Shirtwaist Fire and its Legacy: Out of the Smoke and the Flame

The Triangle Shirtwaist Fire and its Legacy
March 24, 2011; 9 a.m. — 6:30 p.m.
CUNY Graduate Center, 365 Fifth Avenue, New York, NY, 10016
Registration is Free and Open to the Public

Program Click here for a printable PDF version9 – 9:15 a.m. Musical performance from the dramatic oratorio From the Fire

Kris Kukul, pianist Matt Carr Emily Mattheson
Shaunice Alexander Carrie Crow Alicia Olatuja
Catherine Brookman Roe Hartrampf Aaron Schroeder

Music by Elizabeth Swados, www.trianglefromthefire.com

9:15 – 9:25 a.m. Welcome

William Kelly, President, Graduate School & University Center, CUNY
Gregory Mantsios, Executive Director, The Murphy Institute, CUNY
Christine Quinn, Speaker, New York City Council

9:25 – 10:45 a.m. Plenary: The Political Significance and Present Day Legacy of the Triangle Fire

Moderated by Paula Finn, New Labor Forum, The Murphy Institute, CUNY

The Triangle Fire in its Historical Context
Steve Fraser, New Labor Forum, The Murphy Institute, CUNY

From Fire to Ashes: The Changed Contemporary Political Landscape
Frances Fox Piven, Graduate Center, CUNY

The Unfinished Business of Triangle Protest: Challenges and Possibilities Confronting Labor Today
Sarita Gupta, National Executive Director, Jobs with Justice

11 a.m. – 12:30 p.m. Concurrent Panels

Global Perspectives on Sweatshops (LAWCHA)
Beth English, Princeton University; Mary Frederickson, Miami University; Judy Gearhart,* International Labor Rights Forum; Robert Ross, Clark University

Why No Fire This Time? Acquiescence and Resistance in Politics Today
Liza Featherstone, Journalist; Steve Fraser,* New Labor Forum, Murphy Institute, CUNY; Gerry Hudson, Executive Vice President, SEIU; Stephen Pimpare, NYU

Memorializing the Past: Using Memorials and Monuments to Teach NY History
Wendy Aibel-Weiss, Director of Exhibits and Education, Tribute WTC Visitors Center; Julie Maurer,* The Gotham Center for NYC History, Graduate Center, CUNY; Christopher Moore, Historian; Ruth Sergel, Artist; Brian Tolle, Artist; Suzanne Wasserman,* The Gotham Center for NYC History, Graduate Center, CUNY; Maribeth Whitehouse, Teacher, I.S. 190, Bronx, NY

Labor and Immigration Politics: Past and Present
Muzaffar Chishti, Migration Policy Institute, NYU; Janice Fine, Rutgers University; Ruth Milkman,*Graduate Center, The Murphy Institute, CUNY; Mae Ngai, Columbia University

Labor Standards and the State
Melvyn Dubofsky, SUNY Binghamton; Terri Gerstein, Deputy Commissioner of Labor for Wage Protection and Immigrant Services, NYS Department of Labor; Rory Lancman, NY State Assemblyman and Chair of the Subcommittee on Workplace Safety; Ed Ott,* The Murphy Institute, CUNY

Grassroots Organizing for Workers’ Health and Safety Today
Luzdary Giraldo,* New York Committee for Occupational Safety and Health; Barbara Rahke, Philadelphia Area Project on Occupational Safety and Health; Richard Witt, Rural and Migrant Ministry

Art and Working-Class Movements
Esther Cohen, Artist, Cultural Organizer; Ellen Todd,* George Mason University; Clyde Valentin, Hip Hop Theater Festival

Combating Domestic Sweatshops, a Roundtable (LAWCHA)
Eileen Boris,* University of California, Santa Barbara; Narbada Chhetri, Senior Community Organizer, Adhikaar for Human Rights and Social Justice, NYC; Jocelyn Gill-Campbell, Domestic Workers United;Premilla Nadasen, Queens College, CUNY

12:30 – 1:30 p.m. Lunch Break

1:30 – 2:45 p.m. Plenary: The Global Sweatshop

Moderated by Ruth Milkman, Graduate Center, The Murphy Institute, CUNY

The Economic Role of the Global Sweatshop
Saskia Sassen, Columbia University & London School of Economics

Workers’ Resistance in the Chinese Sweatshop
Ching Kwan Lee, University of California Los Angeles

Protecting Workers’ Rights in the Global Economy
Jennifer Gordon, Fordham University School of Law

Worker Protest Today in Bangladesh
Kalpona Akter, Secretary General & Executive Director of the Bangladesh Center for Worker Solidarity

3 – 4:30 p.m. Concurrent Panels

Garment Unionism and the Garment Industry: From Triangle to Today
May Chen,* former Vice-President Workers United, currently The Murphy Institute, CUNY; Richard Greenwald, Drew University; Katie Quan, former organizer for ILGWU, currently UC Berkeley; Andrew Ross, NYU

Teaching the Triangle Fire: A Conversation (LAWCHA)
Hillary Broder, Kennedy High School, Bellmore-Merrick, N.Y.; Carmelina Cartei, Women and Gender Studies Program at Hunter College, CUNY; Tara Finneran, Bronx Arts Ensemble Teaching Artist; Rob Linné,* Adelphi University; Sharon Papp, Adelphi University; Kimberly Schiller, Huntington Public Schools, N.Y.

Child Labor: Then and Now (LAWCHA)
Sally Greenberg, National Consumers League; Hugh D. Hindman, Appalachian State University; Kriste Lindenmeyer, University of Maryland Baltimore County; Laura Lovett,*University of Massachusetts

Global Sweatshops and International Solidarity: The Case of Bangladesh
Babul Akhter, Secretary of the Bangladesh Garments and Industrial Workers Federation; Mitch Cahn,President of Unionware; Bjorn Claeson, Sweatfree Communities, International Labor Rights Forum; Mark Levinson,* Workers United, SEIU

Feminism, Low-Wage Workers, and Organized Labor
Ileen DeVault,* School of Industrial and Labor Relations, Cornell University; Susan Feiner, Francis Perkins Center & University of Southern Maine; Annelise Orleck, Dartmouth College

OSHA at 40: From Triangle to Today
Eric Frumin,* Change To Win; Gerald Markowitz, Graduate Center, CUNY; David Michaels, Assistant Secretary of Labor, Occupational Safety and Health Administration; Peg Seminario, AFL-CIO

The Legacy of Triangle and Youth Labor Organizing in the US
Laura Binger, Food AND Medicine; Theresa Cheng, United Students Against Sweatshops; Jennifer Polish, STAND, Queens College, CUNY; Andres Puerta,* American Federation of Television and Radio Artists

Could Triangle Happen Today?
Peter Amato, Safety Consultant and former president of the NY chapter of American Society of Safety Engineers; Matt Connor, NYFD and The Murphy Institute, CUNY; Robert Solomon, National Fire Protection Association

4:45 – 6:30 p.m. Closing Plenary: The Contemporary Legacy of the Triangle FireModerated by Joshua Freeman, Graduate Center, The Murphy Institute, CUNY

What is the Triangle Legacy?
Alice Kessler-Harris, Columbia University

From the Triangle Fire to the BP Explosion: Protecting Workers Today
David Michaels, Assistant Secretary of Labor for OSHA

Organized Labor and the Challenges of the Twenty-First Century
Bruce Raynor, President, Workers United, SEIU

* Panel Chairperson
7 – 8:30 p.m. Gotham Center for NY History Plenary Discussion
(Separate Free Registration Required)

Rich Greenwald, Drew University
Annelise Orleck, Dartmouth College
Ellen Todd, George Mason University
Jennifer Guglielmo, Smith College
David Von Drehle (Author)
Ruth Sergel (Artist, Organizer, Remember The Fire Coalition)

To Follow: Book signing of Arcadia Press’ The New York City Triangle Factory Fire

Saturday, March 12, 2011

Daylight Savings Time Switch May be Hazardous to Your Health

Time change at the end of Daylight Saving Time

Image via Wikipedia

The semi-annual tradition of changing the clock an hour ahead and an hour back has been reported to result in a high incident of work-related illness. A study in the New England Journal of Medicine reports, "More than 1.5 billion men and women are exposed to the transitions involved in daylight saving time: turning clocks forward by an hour in the spring and backward by an hour in the autumn. These transitions can disrupt chronobiologic rhythms and influence the duration and quality of sleep, and the effect lasts for several days after the shifts." This may result in an increase of work-related accidents in the days following the time adjustment.

Thursday, March 10, 2011

NIOSH Seeks Information About World Trade Center Cancer Claims

September 11, 2001 attacks in New York City: V...

Image via Wikipedia

The Director of the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) serves as the World Trade Center (WTC) Program Administrator for certain functions related to the WTC Health Program established by the James Zadroga 9/11 Health and Compensation Act (Pub. L. 111-347).

In accordance with Section 3312(a)(5)(A) of that Act, the WTC Program Administrator is conducting a review of all available scientific and medical evidence to determine if, based on the scientific evidence, cancer or a certain type of cancer should be added to the applicable list of health conditions covered by the World Trade Center Health Program.

The WTC Program Administrator is requesting information on the following:

(1) Relevant reports, publications, and case information of scientific and medical findings where exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001 terrorist attacks, is substantially likely to be a significant factor in aggravating, contributing to, or causing cancer or a type of cancer;

(2) clinical findings from the Clinical Centers of Excellence providing monitoring and treatment services to WTC responders (i.e., those persons who performed rescue, recovery, clean- up and remediation work on the WTC disaster sites) and community members directly exposed to the dust cloud on 9/11/01; and

(3) input on the scientific criteria to be used by experts to evaluate the weight of the medical and scientific evidence regarding such potential health conditions.

DATES: Comments must be received by March 31, 2011. ADDRESSES: You may submit comments, identified by docket number NIOSH- 227, by any of the following methods:

Mail: NIOSH Docket Office, Robert A. Taft Laboratories, MS-C34, 4676 Columbia Parkway, Cincinnati, OH 45226.
Facsimile: (513) 533-8285. E-mail: nioshdocket@cdc.gov. All information received in response to this notice will be available for public examination and copying at the NIOSH Docket Office, 4676 Columbia Parkway, Cincinnati, Ohio 45226. The comment period for NIOSH-227 will close on March 31, 2011.

All comments received will be available on the NIOSH Docket Web page at http:// www.cdc.gov/niosh/docket by April 30, and comments will be available in writing by request. NIOSH includes all comments received without change in the docket and the electronic docket, including any personal information provided.

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 asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Another Hernia Patch Recall by FDA

Image via WikipediaThe US Food and Drug Administration (FDA) issued another hernia and abdominal patch recall. The FDA on March 4, 2011 issued a Class 1 Recall Notice for Davol's XenMatric Surgical Graft.

The FDA indicated that the recall was issued because “Testing cannot confirm that all units of XenMatrix Surgical Graft are within FDA requirements for endotoxin levels. Several lots have been found to have elevated endotoxin levels. Endotoxins (pyrogens) are substances found in certain bacteria that, at elevated levels, can cause serious illness which can be fatal.”

This product was manufactured from June 1, 2010 through October 31, 2010 and distributed from July 1, 1010 through October 31, 2010. For more information, please see the FDA’s safety alert.

Litigation is pending against Davol, Inc. is pending in both federal and state court on behalf of patients who suffered serious injuries or complications related to the company’s Composix® Kugel® Mesh hernia repair patch.

Brazilian Blowout Abandons Suits Against Oregon OSHA for Formaldehyde Findings

A company that makes a hair straightening product, Brazilian Blowout, has dropped a lawsuit that it had filed against Oregon OSHA (Occupational Safety and Health Administration) challeging the agency's findings that the product contained formaldehyde, a known carcinogen.

OSHA had tested 105 samples of the air product from 54 hair salons and reported significant formaldehyde findings. The lawsuit, filed by the company, alleged that the testing was incorrect.

The report had concluded, "Oregon OSHA and CROET have concluded that there are meaningful risks to salon workers when they are confronted with these hair smoothing products. Effective control of those risks depends upon accurate information regarding the potential hazards and the control measures available, which in turn begins with an accurate understanding of the ingredients and the potential harm they may cause."

Copyright

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