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

Monday, September 23, 2013

Breathe Deep....on the airplane OR not?


Welcome sulfur dioxide,

Hello carbon monoxide
The air, the air is everywhere
Breathe deep, while you sleep, breathe deep
Lyrics from HAIR, The Broadway show

This post is shared from OH-world.org.

A review of chemical exposures associated with "fume events" on aircraft hears about two UK studies that found low levels of organophosphate contamination.


I attended a meeting of the UK Committee on Toxicity (COT) of Chemicals in Food, Consumer Products and the Environment to discuss our work on oil contamination in aircraft. This was one of a number of projects that were commissioned by the Department for Transport (DfT) following an earlier review, which included: a pilot study to scope methods for measuring air concentrations, analysis of data on the occurrence of fume events in British commercial aircraft, the main study measuring contaminant levels in cabin air and our study of residues on surfaces in aircraft.

Back in 2007 the COT reviewed information submitted by the British Airline Pilots Association (BALPA) about the possible effects on aircrew health from hydraulic fluid smoke/fume contamination incidents in commercial aircraft. These incidents occur infrequently because of small leaks in the engine, which result in a very fine oil mist being carried into the aircraft ventilation system. A key concern is the small amounts of organophosphate compounds present in the hydraulic oils. In their review the COT concluded there was insufficient evidence to show there was a causal association between cabin air exposures, either generally or following incidents, and ill-health in commercial aircraft crews.


Read more:
Oil contamination in aircraftA review of chemical exposures associated with "fume events" on aircraft hears about two UK studies that found low levels of organophosphate contamination.http://johncherrie.blogspot.co.uk/2013/09/oil-contamination-in-aircraft.html 

CMS Publishes Rules to MSP Payments Under the SMART Act

Medicare has published proposed Rules to governor obtaining information concerning the conditional payments as required by the recently implemented SMART Act. The Regulations expand the bureaucratic framework for Medicare beneficiaries and their representatives in order to obtain and appeal information on condition payment demands from the government.

The Rules are effective on November 10, 2013 and the comment period closes at 5pm on that date.

The government will be establishing a multifactorial implementation process to keep information secure: DX Codes, provider names. dates of service and conditional payment amounts. Ultimately, it appears that the process will be yet another hurdle to obtain information for workers' compensation claims  and release the beneficiary from government liability for medical expenses.

The proposed CMS Rules can be reviewed at: https://www.federalregister.gov/articles/2013/09/20/2013-22934/medicare-program-obtaining-final-medicare-secondary-payer-conditional-payment-amounts-via-web-portal
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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.

Sunday, September 22, 2013

Closing arguments in Calif. lead paint trial take place Monday

Lead poisoning and lead expose is widespread. A vast number of cases of lead exposure flow from the lead pigment that was placed by the paint industry into paint. The residuals of the lead paint remain in place in many public and private buildings exposing both workers' and children to lead exposure and  the resulting lead disease. Today's post was shared by Legal Newsline and comes from legalnewsline.com

Kleinberg

In the high stakes lead paint public nuisance case culminating in Santa Clara County Superior Court, both sides will make closing arguments Monday before Judge James Kleinberg.

The 10 city and county plaintiffs — Santa Clara County, San Francisco City, Alameda County, Los Angeles County, Monterey County, Oakland City, San Diego City, San Mateo County, Solano County and Ventura County — are expected to argue they have met a burden of proving their case by a preponderance of evidence.
Among other things, a team of attorneys for the plaintiffs will argue that the five defendant companies knew or should have known about the hazards created by the use of lead paint in homes, but promoted it anyway.

They seek abatement in approximately 500,000 pre-1978 built homes in the jurisdictions and estimate the cost at $1.6 billion for inspection and abatement if the public entities implement the program. Plaintiffs say it would cost $2.4 billion if implemented by the defendants.

Their plan calls for the creation of a fund administered by the public entities.
Defendant companies — Sherwin-Williams, NL Industries, ConAgra Grocery Products, DuPont and Atlantic Richfield Company — are expected to fiercely defend their position, saying plaintiffs did not meet a necessary test set forth by the state’s Sixth District Court of Appeal.
The paint companies will argue that the Sixth District allowed the 13-year-old case...
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TEPCO Official: Fukushima is Out of Control

International corporate responsibility for worker safety has worldwide ramifications. Today's post was shared by WCBlog and comes from www.commondreams.org


Fukushima nuclear plant in the immediate aftermath of Japan's March 2011 tsunami "I’m sorry, but we consider the situation is not under control."

Those were the words of Kazuhiko Yamashita, executive-level fellow for Fukushima plant operator Tokyo Electric Power Company when he was pressed by the opposition Democratic Party of Japan.
His statements directly contradict the claims of Japanese Prime Minister Shinzō Abe, who assured the International Olympic Committee meeting in Buenos Aires Saturday that the situation is under control.

TEPCO officials moved quickly to cover Yamashita's tracks, releasing a statement Friday declaring
"...It is our understanding that the Prime Minister intended his statement ‘the situation is under control’ to mean that the impact of radioactive materials is limited to the area within the port of the power station, and that the densities of radioactive materials on the surrounding waters are far below the referential densities and have not been on continuous upward trends. According to this understanding, we share the same views.
Yet, all evidence suggests that the crisis is far beyond the current abilities of the Japanese government and operator TEPCO to contain it.

Each day brings new disasters, with fresh reports on Friday that steam is billowing from a reactor. Radiation levels at the plant were found to be 18 times higher than TEPCO previously claimed, climbing to a high of 1800 millisieverts per hour—enough to kill...
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Home Care Workers Win Wage and Overtime Protection

Improving workers' compensation benefits begins with improving wages.Today's post was shared by votersinjuredatwork and comes from www.calaborfed.org



Nearly 2 million home care workers—the vast majority of whom are women—take care of the elderly and people with disabilities, often working 12-hour days and 60 to 70 hours a week. Now, for the first time since 1975, most of these workers will have the wage and overtime protection of the Fair Labor Standards Act (FLSA) under a new rule issued today by the Obama administration’s Department of Labor.  


Since they were exempted from the FLSA nearly four decades ago, home care workers seldom have been paid overtime and their net income is often less than the minimum wage, considering time spent in travel between the homes where they work in a single day and its cost. Unlike workers covered by federal labor laws, they have not been paid for all the hours they are on the clock.

AFL-CIO President Richard Trumka says the new rule:
"...finally recognizes the value of the work done by hundreds of thousands of people who take care of our aging parents, as well as our sisters, brothers and children with disabilities….Today’s action will not only benefit the largely female, minority and low-wage workers who provide these essential services, it will help to ensure an adequate supply of home care workers as demand grows, reduce turnover and improve quality, permitting more Americans who wish to stay in their own homes as they grow old or experience disability to do so.        
Secretary of Labor Thomas...
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Kaiser Permanente, Unions Launch New Employee Wellness Program

Organized Labor is improving worker health by encouraging wellness program, a counterbalance to  the erosion of workers' compensation pre-existing disease limitations. Today's post was shared by votersinjuredatwork and comes from www.californiahealthline.org


Kaiser Permanente and the 29 unions that represent its employees in California and eight other regions have teamed up to offer incentive payments to groups of workers who improve their health, the Sacramento Bee reports.

Details of Program

Under the voluntary program, Kaiser's 133,000 workers could earn up to $500 each if participants in their region collectively:
All employees -- even those who choose not to participate -- will be eligible for payouts if:
  • 75% of workers in their region complete an online health survey, which would earn $150 incentive payments for all employees in that region;
  • 85% of workers in their region update their baseline screenings for weight, smoking, cholesterol and blood pressure, which would earn $150 payments for all workers in that region; and
  • There is an average 1.7% improvement and no declines across such measures by December 2014, which would earn $200 for all employees in that region.
The program does not apply to doctors, dentists and executives, but it does include both union and non-union employees.
Kaiser will issue all payouts in 2015. The total cost of the program could reach $66.5 million, according to the Bee.

Comments From Kaiser

Kathy Gerwig -- vice president of employee safety, health and wellness at Kaiser -- said the program is "very inclusive of everybody" and will "drive the culture toward healthier work environments and camaraderie around getting healthier."
She...
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Bangladesh workers must continue to wait for full compensation

Fashion Safety continues to dominate international news and reflects that the movement that the workers' compenstion sparked by the historic Triangle Shirtwaist Fire cannot be rekindled. Today's post was shared by WCBlog and comes from www.industriall-union.org


Eleven of the brands and retailers sourcing from the factories involved in the Tazreen and Rana Plaza disasters joined high-level compensation meetings, facilitated by the ILO as a neutral chair, on 11-12 September in Geneva. Many other major companies failed to attend, showing total contempt for the 1,900 workers who were injured and the families of over 1,200 workers who were killed making their products.

IndustriALL Global Union Assistant General Secretary Monika Kemperle stated: “Consumers will be shocked that almost a half-year has passed since the Rana Plaza disaster with only one brand so far providing any compensation to the disaster’s victims. I respect those brands that came to these meetings. But I cannot understand brands that are not around the table.”

Regarding Rana Plaza out of a total of 29 brands that were invited the following 9 brands showed good faith by attending the meeting: Bon Marché, Camaieu, El Corte Ingles, Kik, Loblaw, Mascot, Matalan, Primark and Store Twenty One.

20 other companies, all of whom were invited, failed to show up: Adler, Auchan, Benetton, C&A, Carrefour, Cato Corp, The Children’s Place, Dressbarn, Essenza, FTA International, Gueldenpfennig, Iconix Brand, Inditex, JC Penney, Kids Fashion Group, LPP, Mango, Manifattura Corona, NKD, Premier Clothing, PWT Group, Texman and Walmart.

IndustriALL, the Clean Clothes Campaign (CCC) and the Workers Rights Consortium (WRC) presented a proposed...
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Powerful New Videos Encourage Those Who Qualify to Seek Care through the World Trade Center Health Program

Many victims of the 9-11 World Trade Center terorist attack have not yet sought medical care nor filed a claim for benefits. Today's post was shared by Safe Healthy Workers and comes from blogs.cdc.gov


Glenn, a retired New York City police officer, shares how the World Trade Center Health Program helped him regain his health.

Though the September 11th attacks were over a decade ago, thousands of people who were in the affected areas continue to experience physical and mental health symptoms as a result of their experience in the days, months, and even years following 9/11. They may not recognize that some cancers, a chronic cough, difficulty sleeping, or frequent heartburn that they— or their children— experience could be a 9/11 related health condition.

NIOSH is teaming up with our community partners to spread the word that help is available through the World Trade Center (WTC) Health Program. Created by the James Zadroga 9/11 Health and Compensation Act of 2010, the WTC Health Program provides medical monitoring and treatment for responders at the World Trade Center and related sites in New York City, the Pentagon, and Shanksville, PA, and for survivors who were in the New York City disaster area. All care for covered conditions is provided at no out of pocket costs for those who qualify.

The WTC Health Program has helped thousands regain their health following the September 11th terrorist attacks. This year the Program is launching a digital campaign to make sure that those who may qualify for care, but are not enrolled, get the help they need and deserve. The campaign features videos of members telling their stories. Both responders and survivors describe...
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Saturday, September 21, 2013

Poor Diet Of Shift Workers An "Occupational Health Hazard"

Today's post was shared by Safe Healthy Workers and comes from www.medicalnewstoday.com


The editors of a leading journal suggest that the poor diet of shift workers should be considered an occupational health hazard. They argue that working patterns should be treated as a specific risk factor for obesity and type 2 diabetes, which have reached epidemic proportions in the developed world, with the developing world not far behind.

With reference to studies published in earlier issues of the journal, that show links between increased risk in type 2 diabetes and shift work patterns in American nurses, Dr Virginia Barbour, chief editor of the journal PLoS Medicine and her fellow editors make a case in this month's edition for classing unhealthy eating as a new form of occupational hazard, especially in those workplaces that employ shift workers, whose easy access to junk food compared to healthier options just makes it harder to keep to a good diet.

Shift work is common in both the developed and the developing world. About 15 to 20% of workers in Europe and the US work shifts, many of them in the health care industry.
As the world moves more toward the 24/7 pattern of "open all hours", shift work will become even more common than this, and if the data from studies cited in their...
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Health Care Spending Will Peak Around 2025 and Then Flatten Out

Recent comment to the cost of medical care in for injured workers appear to reflect that it is a "boomer generation" factor. The question is whether the workers' compensation system can wait until 2025 or will it be dead by then as a result of medical costs. Today's post was shared by Mother Jones and comes from www.motherjones.com


This is apropos of nothing. I happened to be fiddling around with CMS health care expenditures and decided to take a look at how spending has increased year-over-year as a share of GDP for the past four decades. (Example: If spending increases from a 16 percent share of GDP to a 16.4 percent share of GDP, that's a year-over-year 2.5 percent growth rate.)

The chart below is a rolling 5-year average to smooth out the noise. Roughly speaking, it shows a steady decrease in the growth rate. If things continue along these lines, health care spending will continue increasing until it reaches about 21-22 percent of GDP sometime in the mid-2020s. The aging of the baby boom generation might send that number a little higher, but not by a lot, I suspect.

The mechanism is simple: As spending goes up, our collective resistance to higher spending increases, and that's the ultimate brake on health care expenditures. I'm willing to bet that U.S. spending on health care will never top 25 percent of GDP. It might not even top 23 percent.

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Why Health Care Is Stuck — And How to Fix It

Medical costs approximate the largest majority of costs in workers' compensation claims. Today's post was shared by NEJM and comes from blogs.hbr.org


20130918_2

The pressures for fundamental change in health care have been building for decades, but meaningful change has been limited while the urgency of change only grows. The moment of discontinuity has arrived. Already unsustainable costs, an aging population, advances in medicine, and a growing proportion of patients in low reimbursement government programs have made the status quo unsustainable. Change is inevitable.

There is only one real solution, which is to dramatically increase the value of health care. Value is the outcomes achieved for patients relative to the money spent. Without major improvements in value, services will need to be restricted, the incomes of health care professionals will fall, and patients will be asked to pay even more.

In our October Harvard Business Review article “The Strategy That Will Fix Health Care”we describe the strategic agenda that is necessary to create a high value health care delivery system. We believe that there is no longer any doubt about how to increase the value of care. The question is whether providers can make the necessary changes.
Why has it been so hard for health care organizations to improve outcomes and efficiency, despite their best intentions? With so many good, smart people working so hard? With patients’ needs so obvious and so compelling? And with such deep societal concerns about health care spending? The...
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Frigidaire Recalls Professional Blenders Due to Laceration Hazard

Today's post was shared by U.S. CPSC and comes from www.cpsc.gov


Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Frigidaire Professional blender
Serial plate with model and serial numbers on bottom of unit
This recall involves Frigidaire Professional© brand blender model FPJB56B7MS with a serial number between FFP 49 1203 0001 and FFP 49 1237 00974. The model and serial numbers are located on a serial plate on the underside of the blender’s motor base. Frigidaire Professional is printed on the front base of the blenders. The 5-speed blender is brushed aluminum and has black buttons on the front. The blender container is a 56-oz. clear glass jar with a black lid and a black base.
Incidents/Injuries
Frigidaire has received eight reports of the blender’s blade shaft assembly breaking. No injuries have been reported.
Remedy
Consumers should stop using the recalled blenders immediately and contact Frigidaire for instructions on returning the blenders for a free replacement blender.
Sold at
Best Buy, Target and other stores nationwide and online at amazon.com, bedbath.com and other online retailers from March 2012 through July 2013 for about $130.
Distributor
Electrolux Home Care Products Inc., of Charlotte, N.C.
Manufactured in
China

The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience...
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Health Spending Over The Coming Decade Expected To Exceed Economic Growth

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


The nation’s total health spending will bump up next year as the health law expands insurance coverage to more Americans, and then will grow by an average of 6.2 percent a year over the next decade, according to projections released Wednesday by government actuaries.

That estimate is lower than typical annual increases before the recession hit. Still, the actuaries forecast that in a decade, the health care segment of the nation’s economy will be larger than it is today, amounting to a fifth of the gross domestic product in 2022.
They attributed that to the rising number of baby boomers moving into Medicare and the actuaries’ expectation that the economy will improve, according to their findings published in the journal Health Affairs.

The actuaries were not persuaded that experiments in the health law and new insurer procedures that change the way doctors, hospitals and others provide services will significantly curtain health spending.

They assumed "modest" savings from those changes from the law. "It's a little early to tell how substantial those savings will be in the longer term," Gigi Cuckler, one of the actuaries, told reporters.

The actuaries also said they are skeptical that the nation has entered a new era of lower health spending, a case that has been made by the Obama administration and many prominent economists. They have predicted a strengthening economy will not be accompanied by sharp health spending hikes. The report expects health...
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Many Cancer Patients Overtreated In Final Days

Cancer care for injured workers' is extremely costly. The final year of life equates to a large proportion of medical costs. Ehical and moral factors enter into the balance for spending deicision though. Today's post was shared by Kaiser Health News and comes from www.kaiserhealthnews.org

While most older people say they don't want aggressive care at the end of life, many get it anyway.

Care in the last month of life for Medicare patients with advanced cancer typically is even more aggressive in the Philadelphia area than in the nation as a whole, concludes a report from the Dartmouth Atlas of Health Care, which studies regional differences in care. It released a report last week that showed the percentage of cancer patients who died in hospitals in 2010, or were hospitalized or in an intensive care unit in their last month.

Oddly, participation in hospice, which should relieve symptoms rather than prolong life, is above average in the Philadelphia area. Throughout the nation, though, the average patient waits until the last week or two to join hospice.
The Dartmouth researchers believe the regional variations reflect differing physician practices and available resources rather than patient preferences or quality.
The conclusion is that many patients here are being overtreated and are not communicating well with doctors, said David Goodman, coprincipal investigator of the Dartmouth Atlas.
"I think most people would agree that most health-care systems have got some real work to do," he said. "Patients have no idea what is the style of care in the place that they're receiving care, and it's not easily identifiable."

He said doctors find it hard to pull back as their patients worsen.
The study included hospitals that cared for at least 80 Medicare patients...
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