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

Tuesday, November 20, 2012

Five US Airports that Put Employees and Passengers At Risk For Environmental Tobacco Smoke

Secondhand Smoke Is Deadly
Air pollution from secondhand smoke five times higher outside smoking rooms and other designated smoking areas than in smoke-free airports

Average air pollution levels from secondhand smoke directly outside designated smoking areas in airports are five times higher than levels in smoke-free airports, according to a study by the Centers for Disease Control and Prevention. The study conducted in five large hub U.S. airports also showed that air pollution levels inside designated smoking areas were 23 times higher than levels in smoke-free airports. In the study, designated smoking areas in airports included restaurants, bars, and ventilated smoking rooms.

Five of the 29 largest airports in the United States allow smoking in designated areas that are accessible to the public. The airports that allow smoking include Hartsfield-Jackson Atlanta International Airport, Washington Dulles International Airport, McCarran International Airport in Las Vegas, Denver International Airport, and Salt Lake City International Airport. More than 110 million passenger boardings—about 15 percent of all U.S. air travel—occurred at these five airports last year.

"The findings in today’s report further confirm that ventilated smoking rooms and designated smoking areas are not effective," said Tim McAfee, M.D., M.P.H., director of CDC’s Office on Smoking and Health. "Prohibiting smoking in all indoor areas is the only effective way to fully eliminate exposure to secondhand smoke."

2006 Surgeon General’s Report concluded that there is no risk-free level of exposure to secondhand smoke. Although smoking was banned on all U.S. domestic and international commercial airline flights through a series of federal laws adopted from 1987 to 2000, no federal policy requires airports to be smoke-free.

"Instead of going entirely smoke-free, five airports continue to allow smoking in restaurants, bars or ventilated smoking rooms. However, research shows that separating smokers from nonsmokers, cleaning the air and ventilating buildings cannot fully eliminate secondhand smoke exposure," said Brian King, Ph.D., an epidemiologist with CDC’s Office on Smoking and Health and co-author of the report. "People who spend time in, pass by, clean, or work near these rooms are at risk of exposure to secondhand smoke."

Secondhand smoke causes heart disease and lung cancer in nonsmoking adults and is a known cause of sudden infant death syndrome or SIDS, respiratory problems, ear infections, and asthma attacks in infants and children. Even brief exposure to secondhand smoke can trigger acute cardiac events such as heart attack. Cigarette use kills an estimated 443,000 Americans each year, including 46,000 heart disease deaths and 3,400 lung cancer deaths among nonsmokers from exposure to secondhand smoke.

For an online version of this MMWR report, visit http://www.cdc.gov/mmwr.  For quitting assistance, call 1-800-QUIT-NOW (1-800-784-8669) or visit www.smokefree.govExternal Web Site Icon.  Also, visit www.BeTobaccoFree.govExternal Web Site Icon for information on quitting and preventing children from using tobacco. For real stories of people who have quit successfully, visit http://www.cdc.gov/tips. For state-specific tobacco-related data, visit CDC's State Tobacco Activities Tracking and Evaluation System at http://www.cdc.gov/tobacco/statesystem.

Read More About "Secondhand" Environmental Smoke
Apr 23, 2011
"Secondhand smoke (SHS) exposure causes lung cancer and cardiovascular and respiratory diseases in nonsmoking adults and children, resulting in an estimated 46,000 heart disease deaths and 3,400 lung cancer deaths ...
Feb 20, 2008
An Atlantic City NJ casino card dealer employed at the Claridge Hotel who was exposed to second hand tobacco smoke was awarded workers' compensation benefits. NJ Judge Cosmo Giovinazzi award $150,00 for lost ...
Nov 14, 2012
"Secondhand smoke (SHS) exposure causes lung cancer and cardiovascular and respiratory diseases in nonsmoking adults and children, resulting in an estimated 46,000 heart disease deaths and 3,400 lung cancer deaths .
Oct 06, 2011
Lubick (2011) discussed the global health burden of secondhand smoke, and Burton (2011)emphasized a new and alarming consequence of smoking in indoor environments—“thirdhand smoke”—a term first coined in 2006 ...

A free and open world depends on a free and open web


“A free and open world depends on a free and open Internet. Governments alone, working behind closed doors, should not direct its future. The billions of people around the globe who use the Internet should have a voice."

#freeandopen

8 Hazardous Jobs In The Healthcare Industry

Multi-channel infusion pump for
delivery of chemotherapy
The most hazardous jobs in the healthcare industry are those whose workers deal with handling hazardous drugs or disposing of hazardous biological waste.

The National Institute For Occupational Safety And Health (NIOSH) has revised and republished informational material concerning the health hazards to healthcare workers were exposed to hazardous drugs. The publication directs attention for the medical surveillance of healthcare workers who come in contact with hazardous drugs or dispose of hazardous biological waste.

Healthcare workers who prepare, administer or transport hazardous drugs or dispose of hazardous drug waste may face risks to their own health such as skin disorders, reproductive disorders, and possibly cancer.

1. Pharmacists and pharmacy  technicians
2. Nurses (RNs, ARNPs, LPNs)
3. Physicians and physician assistants
4. Operating room personnel
5. Home healthcare workers
6. Veterinarians and veterinary technicians 
7. Environmental service workers (housekeeping, laundry, maintenance workers)
8. Workers who ship, transport, or receive hazardous drugs 

The information provided by NIOSH is useful to identify and correct preventable failures that lead to disease. Early identification of health problems can also benefit individual workers.

If You’re Going Out To Eat Check Out “Behind The Kitchen Door”

For many celebrating the holiday season is inggo out to eat for an enjoyable experience. Unknown to many restaurant patrons are the problems of restaurant workers and include:  low wages, occupational stress and lack of medical benefits that requires restaurant workers to go to work sick.

Behind The Kitchen Door exposes the working conditions in the restaurant industry.
 “How do restaurant workers live on some of the lowest wages in America? And how do poor working conditions—discriminatory labor practices, exploitation, and unsanitary kitchens—affect the meals that arrive at our restaurant tables? Saru Jayaraman, who launched a national restaurant workers organization after 9/11, sets out to answer these questions by following the lives of ten restaurant workers in cities across the country - New York City, Washington DC, Philadelphia, Houston, Los Angeles, Houston, Miami, Detroit, and New Orleans. Blending personal and investigative journalism, Jayaraman shows us that the quality of the food that arrives at our restaurant tables is not just a product of raw ingredients: it’s the product of the hands that chop, grill, sauté, and serve it, and the bodies to whom those hands belong.

“Behind the Kitchen Door “ is a groundbreaking exploration of the political, economic, and moral implications of eating out. What’s at stake when we choose a restaurant is not only our own health or “foodie” experience, but the health and well-being of the second-largest private sector workforce—the lives of 10 million people, many immigrants, many people of color, who bring passion, tenacity, and important insight into the American dining experience.

Download the 2012 National Diners Guide – See how your favorite restaurant ranks

Read more about "food" and "workers compensation"

Sep 04, 2012
What kind of corporate man was Eastwood when he owned his restaurant, “Hog's Breath Inn,” in Carmel, California, when he was mayor? How did he treat his workers and what did he think about unions? It turns out Eastwood ...
Jun 21, 2010
"So if a Boston restaurant says, 'We're losing business in our restaurant because we can't get shrimp from the Gulf,' let's take a look at Massachusetts law. Would Massachusetts law recognize that claim? If it would, I will.
Jan 13, 2010
"The New York City Health Department is coordinating a nationwide effort to prevent heart attacks and strokes by reducing the amount of salt in packaged and restaurant foods. ...Subscribe To Workers' Compensation. Posts ...
Apr 20, 2011
Having gained experience fighting hotel and restaurant unions, Levitt sent out seminar brochures across the country marketing his expertise and spreading fear. He included newspaper clippings from a Las Vegas strike, and ...

Constitutional Challenge to Texas Workers' Compensation Domain Name--The Forbidden Words

The Fifth Circuit Court of Appeals has remanded, for additional review, a complaint filed by a Texas Workers' Compensation attorney who alleges that his constitutional rights were infringed upon by a Texas statute prohibiting misleading advertising. The attorney was cited by the State of Texas for using a domain name that contain the words "Texas" and "Workers' Compensation." The site is named, TexasWorkersCompLaw.com

The Court stated that the use of the domain maybe constitutionally protected:

"A domain name, which in  itself  could  qualify  as  ordinary  communicative  speech, might  qualify  as commercial speech if the website itself is used almost exclusively for commercial purposes."


Protective Equipment Needed for Hurricane Sandy Clean-Up Workers-Volunteers

Hurricane Recovery Worker / FEMA
As the massive clean-up and recovery efforts following Hurricane Sandy continue on the East Coast, the American Society of Safety Engineers (ASSE) is assisting the U.S. Occupational Safety and Health Administration (OSHA) garner needed personal protection equipment (PPE) through donations to be sent directly to 501c3 organizations in the affected areas. ASSE members, occupational safety, health and environmental professionals, are also volunteering their time and expertise with the clean-up and recovery, while many have suffered damage to their own homes as well.

ASSE is asking companies and organizations if they can donate the following safety equipment:
1. Safety vests
2. Gloves (a) cloth, (b) rubber chemical resistant and (c) leather to handle tree branches
3. Hard Hats
4. Ear plugs
5. Knee pads, water proof coveralls and cut resistant chaps
6. Fire extinguishers
7. Goggles without vent hole
8. Electrically insulated watertight boots with steel shank, toe and insole
9. Disposable N 95 respirators but not elastomer respirators
10. Bags to contain all of the above

Please contact OSHA’s Cathie M. Mannion, Assistant Regional Administrator for Technical Support, at mannion.cathie@dol.gov if you have any questions about the specific donations or locations. OSHA notes that shipping to the individual organizations directly will speed the distribution to the workers. Also, companies should let ASSE know by contacting tstachura@asse.org or cnorgaard@asse.org on what donations are being made and where they are being sent to ensure the efforts are coordinated.

Read more about Hurricane Sandy Recovery

Nov 06, 2012
Safety is a primary issue when you're recovering from a disaster. Follow these tips to help ensure your safety and cope with the disaster. If you aren't able to return home, states, tribes, localities, and the Red Cross continue to ...
Nov 04, 2012
The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...
Nov 05, 2012
NJ Hurricane Sandy Resources: Food, Water, Fuel, Hotels and Pharmacies. The NJ Regional Operational Intelligence Center has now posted a list of resources for victims suffering from Hurricane Sandy. FOOD Type Address ...
Oct 25, 2012
The NJ Office of Emergency Management and the National Hurricane Center are closely monitoring Hurricane Sandy ("frankenstorm") as it has the potential to become an historic storm as it moves up the Eastern seaboard ...

Monday, November 19, 2012

Inconsequential

Employees Lives Are Inconsequential
Watching the Denzel Washington movie, Flight, this weekend, the importance of workers' compensation as an economic shield for employers became ever so apparent.

Workers' Compensation benefits were discussed in the boardroom following the loss of life of two members of the crew in a fatal crash. When the owner of the airlines was attempting to evaluate his economic exposure of a plane that crashed at the hands of a pilot who was flying DWI, the lawyers responded emphatically, the economic value of the two dead crew members could not be evaluated in the economic equation since their losses were inconsequential to the airlines as they were covered under workers' compensation.

Economics drives safety. If workers' compensrtion does not economically compensate injured workers and their famiies, then the remedy is inadequate. Loss of life should not be deemed inconsequential.

Happy Thanksgiving - Make It A Food Safe One

Food safety is especially important as you prepare a holiday meal. Within the last couple of years, CDC has investigated outbreaks of foodborne illness that were caused by bacteria in jalapeños, spinach, peanut butter, frozen pizza, frozen pot pies, and frozen beef patties. Many consumers are now more aware of the ongoing importance of food safety.
CDC is a food safety partner with the United States Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), which is responsible for the safety of meat and poultry. The FSIS has assembled preparation tips intended to serve as safety reminders to those who are already familiar with meat and poultry preparation safety and as guidelines for the first-time chef.
Turkey Basics: Safely Thaw, Prepare, Stuff, and Cook
When preparing a turkey, be aware of the four main safety issues: thawing, preparing, stuffing, and cooking to adequate temperature.
Safe Thawing
Thawing turkeys must be kept at a safe temperature. The "danger zone" is between 40 and 140°F — the temperature range where foodborne bacteria multiply rapidly. While frozen, a turkey is safe indefinitely, but as soon as it begins to thaw, bacteria that may have been present before freezing can begin to grow again, if it is in the "danger zone."
There are three safe ways to thaw food: in the refrigerator, in cold water, and in a microwave oven. For instructions, see "Safe Methods for ThawingExternal Web Site Icon;" instructions are also available in SpanishExternal Web Site Icon.
Safe Preparation
Bacteria present on raw poultry can contaminate your hands, utensils, and work surfaces as you prepare the turkey. If these areas are not cleaned thoroughly before working with other foods, bacteria from the raw poultry can then be transferred to  other foods. After working with raw poultry, always wash your hands, utensils, and work surfaces before they touch other foods.
Safe Stuffing
For optimal safety and uniform doneness, cook the stuffing outside the turkey in a casserole dish. However, if you place stuffing inside the turkey, do so just before cooking, and use a food thermometer. Make sure the center of the stuffing reaches a safe minimum internal temperature of 165°F. Bacteria can survive in stuffing that has not reached 165°F, possibly resulting in foodborne illness. Follow the FSIS' steps to safely prepare, cook, remove, and refrigerate stuffingExternal Web Site IconSpanish language instructionsExternal Web Site Iconare available.
Safe Cooking
Set the oven temperature no lower than 325°F and be sure the turkey is completely thawed. Place turkey breast-side up on a flat wire rack in a shallow roasting pan 2 to 2-1/2 inches deep. Check the internal temperature at the center of the stuffing and meaty portion of the breast, thigh, and wing joint using a food thermometer. Cooking times will vary. The food thermometer must reach a safe minimum internal temperature of 165°F. Let the turkey stand 20 minutes before removing all stuffing from the cavity and carving the meat. For more information on safe internal temperatures, visit FoodSafety.gov's Safe Minimum Cooking TemperaturesExternal Web Site Icon.
Following these cooking guidelines can help you prepare
a safe holiday dinner that everyone will enjoy.

 

More Information

Long Hours Linked To Health Problems And Lower Productivity

Providing employees a chance to work
 in teams, and socialize during breaks
 actually increases productivity.
Photo Credit: Ambro / FreeDigitalPhotos.net
This is a guest post comes from  Deborah Kohl from Deborah G. Kohl Law Offices.

Many people are surprised to learn that mental disability claims due to workplace stress are compensable by workers’ compensation. Unfortunately, claims like these are on the rise as people work longer hours and feel the pressure of an increasingly competitive working environment. Recent studies on mental health and the workplace have led researchers to discover that, over time, conditions such as extended working hours and long periods of solitary workcan lead to decreased productivity, anxiety, and even major depression.
Employers can create conditions that are more supportive of mental health by taking simple steps like allowing workers to take breaks where socializing is permitted.
While it may seem initially counter-intuitive, studies show that in the long run, policies like these can lead to a more productive workplace. Here are a few tips workers can use to stay mentally healthy at work:
  • Form friendships in the workplace. A positive relationship with even a single colleague can make a big difference in combating loneliness and depression. A friend at your office could provide an ear when you really need to release some steam or just take a mental break from an intense task.
  • That said, make a distinction between work and leisure, and make time for social activities outside the workplace.

Insurance Companies Join Coalition to Mitigate Natural Disaster Risks

Union Beach, N.J., 
Photo by Patsy Lynch/FEMA
As weather patterns have changed, and 100 year storms seem to be occurring across the nation every year, insurance companies are joining others in a coalition of other voices to speak out on mitigating damages and presenting harm to workers.

The dangers to first responders and rescue workers have become enormous. NJ Governor Chris Christie spoke out on Saturday Night Live about the unnecessary increased risk, when even city mayors of costal communities defy evacuation orders, and unnecessarily put  workers in harms way. He called those who defy evacuation orders “idiots.”

Name-calling doesn’t solve problems, but reasonable action does. SmartSafer.org was established to support and advocate for smarter, more effective policies to help people in need, promote disaster safety and preparedness, and foster sounder environmental stewardship of our fragile coastal ecosytems.

"We simply can't go on subsidizing enormous numbers of people to live in areas that are prone to huge natural disasters." Eli Lehrer a member of SmarterSafer.org, a Washington-based coalition, on subsidies for rebuilding coastal communities.

Read the complete article in the NY Times: As Coasts Rebuild and U.S. Pays, Repeatedly, the Critics Ask Why
....
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).

Read more about Hurricane Sandy

NJ Provides Workers' Compensation For Hurricane Recovery
Nov 12, 2012
As Hurricane Sandy recovery workers descend on NJ by land, sea and airlift, by the thousands, energized and fueled by caffeine, to work long and tiring hours, to do treacherous and hazardous tasks, they need to understand ...
http://workers-compensation.blogspot.com/

OSHA urges hurricane recovery workers to protect themselves
Nov 05, 2012
The U.S. Department of Labor's Occupational Safety and Health Administration is urging workers and members of the public engaged in Hurricane Sandy cleanup and recovery efforts in New York, New Jersey and the New ...
http://workers-compensation.blogspot.com/

Workers' Compensation: Hurricane Sandy Relief: US Resources
Nov 06, 2012
Safety is a primary issue when you're recovering from a disaster. Follow these tips to help ensure your safety and cope with the disaster. If you aren't able to return home, states, tribes, localities, and the Red Cross continue to ...
http://workers-compensation.blogspot.com/

Deadly Asbestos Exposure Threat Left by Hurricane Sandy
Nov 04, 2012
The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...
http://workers-compensation.blogspot.com/

Related articles

Friday, November 16, 2012

Hostess Previously Fined for Safety Violations Calls it Quits

No longer twinkling......
Hostess Brands, who has failed to meet OSHA safety requirements in the past and was fined by OSHA, has now decided to just call it quits. The company, who makes junk food, had no shelf life left, and has announced that it is winding down operations.

Read more about Hostess Brands


Jan 09, 2012
The U.S. Department of Labor's Occupational Safety and Health Administration has cited Interstate Brands, doing business as Hostess Brands, for eight serious and two repeat alleged violations of workplace safety standards ...

NY Worker's Compensation Board Proposes New Medical Treatment Guidelines

New York Worker’s Compensation Board’s proposed new medical treatment guidelines that will modify 2010 previously implemented.

  1. Adopt the new carpal tunnel syndrome (CTS) medical treatment guidelines (MTG) as the standard of care for the treatment of injured workers with carpal tunnel syndrome;
  2. Modify current MTGs to include new maintenance care recommendations; and
  3. Implement consensus changes to simplify the process, reduce litigation and speed dispute resolution.

Carpal Tunnel Syndrome (CTS)
The new CTS MTG provide evidence based guidelines for the treatment of carpal tunnel syndrome, the most common occupational disease experienced in the workers’ compensation system. Like the other MTGs, the CTS MTG should improve the quality of care, speed access to the most beneficial treatment, and control the use of ineffective treatment.

Maintenance Care
The original four MTGs primarily address treatment for the acute and sub-acute phases of injury, with limited recommendations for the management of chronic conditions and chronic pain. As part of its effort to develop chronic pain guidelines, the MAC re-evaluated those recommendations that relate to maintenance care, recognizing that in certain situations maintenance care (chiropractic and occupational/physical therapy) should be available. The revised MTGs will authorize an ongoing maintenance program that can include up to 10 visits per year for those who have a previously observed and documented objective deterioration in functional status without the identified treatment. To be eligible for maintenance care, injured workers with chronic pain must have reached maximum medical improvement (MMI), have a permanent disability, and meet the requirements of the maintenance care program. No variance is allowed from the 10 visit annual maximum.

The new recommendations address a major concern of both providers and payers: the high number of variance requests. To date, more than three quarters of the variance requests are for maintenance care for those with chronic pain. Injured workers will now have access to important maintenance care while payers and providers will be relieved from the administrative burden of handling individual variance requests for this care. The remainder of the chronic pain guidelines is expected to be completed by early 2013.

Process Changes
The regulations also include several changes to simplify the process, reduce conflict, and speed dispute resolution. These consensus changes are the result of suggestions from stakeholders. The changes will achieve the following:

  • enable parties to more easily choose resolution by the Medical Director’s Office, which provides faster and less costly dispute resolution;
  • clarify and simplify transmission requirements that were resulting in rejection of thousands of variance requests for technical violations;
  • allow carriers to partially grant variance requests, thereby expediting care and reducing litigation;
  • eliminate submission of duplicate variance requests;
  • reduce the number of procedures requiring C-4 Authorization, and
  • authorize submission of variance requests through a web-based portal or other technology in the future, should it become available.
  •  
In addition, several changes to the Forms C-4 AUTH, C-8.1, MG-1 and MG-2 forms that have been agreed upon with stakeholders will be implemented.  Comments on the draft forms may be sent to formsdepartment@wcb.ny.gov and will be considered if received by Monday, November 26, 2012. Final versions of the forms will be posted in early December. The parties will be expected to begin using the new forms after February 1, 2013. Old forms cannot be used to initiate new requests after March 15, 2013.

Complete copies of the proposed regulations, new and revised guidelines, complete description of the process changes, draft versions of the new forms, and other information are available on the Proposed Changes to New York Medical Treatment Guidelines page of the Board’s website. The regulations will be published in the November 21, 2012 State Register.

More about workers’ compensation medical treatment

Our Journey Forward on Occupational Medical Care
Nov 09, 2012
On Tuesday, the American people expressed its support for a unified medical care program that will embrace all aspects of life, including industrial accidents and diseases. They validated, as did the Supreme Court, the ...
http://workers-compensation.blogspot.com/

Workers' Compensation Jeopardy: Romney and Medical Costs
Nov 01, 2012
Planned changes by Mitt Romney to Medicare and Medicaid will have a dire effect on the regulations of the future cost of workers' compensation medical treatment. Proposed changes to the Federal program will indirectly ...
http://workers-compensation.blogspot.com/

Workers' Compensation: Loss of Health Insurance Access: The ...
Nov 05, 2012
On the flip side, the worker's compensation insurance company is supposed to pay for reasonable medical treatment expenses related to the injury; however, the carrier usually hires an “independent” medical doctor to deny ...
http://workers-compensation.blogspot.com/

RICO Case Against Wal-Mart & CMI Settles for $8 Million
Nov 14, 2012
The claim, on behalf of 7,000 Colorado Wal-Mart workers charges conspiracy with: Claims Management Inc., American Home Assurance Co. and Concentra Health Services Inc., to control medical treatment, who may have .
http://workers-compensation.blogspot.com/