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

Friday, October 4, 2013

Federal Shutdown: Is Workers' Compensation Ready for Tropical Storm Karen?

With a Federal Government in a shutdown, will the State Workers' Compensation system be ready for a natural disaster? The public announcements indicate that FEMA will have to ramp up, but will other Federal agencies be ready and reactivated in time? Workers' Compensation will be stressed with emergency responders who become ill and injured as a result of hurricane related activities. One year almost to the Superstorm Hurricane Sandy and recovery efforts are still continuing. Time will tell.......

State emergency management officials on the U.S. Gulf Coast have been assured that the recent shutdown of the federal government will not affect the Federal Emergency Management Administration's response to Tropical Storm Karen.The storm is expected to come ashore late Saturday or early Sunday on the Gulf Coast. A hurricane watch has been issued from southern Louisiana to the western Florida Panhandle.
A hurricane watch means that winds exceeding 74 miles per hour (119 kilometers per hour) are possible within 36 hours. Although Karen could strengthen into a hurricane as it approaches the Gulf Coast, forecasters aren't certain that it will maintain that strength until it makes landfall.
Meanwhile, emergency management agencies in the area are conferring with FEMA officials as they prepare for the storm.
A call to FEMA's External Affairs office in Atlanta was answered by a recording saying that its staff had been furloughed because of the federal government shutdown. Calls to FEMA offices in the Gulf Coast region were answered by staffers not authorized to speak on the record. But state emergency management officials said they are talking to FEMA personnel and the  federal agency is preparing to respond to the storm.
"Our director locally has been in touch with FEMA, and he's received every assurance that FEMA will support us," said Mike Steele, communications director for the Louisiana Governor's Office of Homeland Security and Emergency Preparedness in Baton Rouge.
...
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Book: NFL denied concussion link to football

Today's post was shared by FairWarning and comes from espn.go.com

Book: NFL Denied Concussion Link
The National Football League conducted a two-decade campaign to deny a growing body of scientific research that showed a link between playing football and brain damage, according to a new book co-authored by a pair of ESPN investigative reporters.
The book, "League of Denial: The NFL, Concussions and the Battle for Truth," reports that the NFL used its power and resources to discredit independent scientists and their work; that the league cited research data that minimized the dangers of concussions while emphasizing the league's own flawed research; and that league executives employed an aggressive public relations strategy designed to keep the public unaware of what league executives really knew about the effects of playing the game. ESPN The Magazine and Sports Illustrated published book excerpts on Wednesday morning.
The NFL's whitewash of the debilitating neurological effects of playing football suffered by players began under former commissioner Paul Tagliabue, who left office in 2006, but continued under his successor, current commissioner Roger Goodell, according to the book written by ESPN investigative reporters Mark Fainaru-Wada and Steve Fainaru.
The book, which will be released Tuesday by Crown Archetype, compares the NFL's two decades of actions on health and safety to that of Big Tobacco -- the group of cigarette-making corporations whose executives for years covered up the fact their products contained dangerous, addictive,...
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New York City workers have high pesticide exposure

Workers in New York have something else to worry about now...pesticide exposure. Today's post was shared by FairWarning and comes from www.environmentalhealthnews.org






New York City residents are more highly exposed to two types of widely used pesticides than the U.S. average, according to a new study from the city's Department of Health and Mental Hygiene.

The findings “underscore the importance of considering pest and pesticide burdens in cities when formulating pesticide use regulations,” the researchers from the city's Department of Health and Mental Hygiene wrote in the journal Environmental Health Perspectives.New York City residents are more highly exposed to two types of widely used pesticides than the U.S. average, according to a new study.

Population-based biomonitoring of exposure to organophosphate and pyrethroid pesticides in New York CityEnvironmental Health Perspectives http://ehp.niehs.nih.gov/1206015/

Organophosphate metabolites were measured in the urine of 882 New Yorkers, while 1,452 residents were tested for pyrethroid metabolites. Some organophosphates have been banned in the United States in recent years, although many are still heavily used in agriculture. Pyrethroids are used indoors and outdoors in sprays and bug bombs to kill fleas, mosquitoes and other pests.

Among New Yorkers who were 20 to 59 years old in 2004, the highest exposed group had between two and six times more organophosphates in their urine...
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Hearing set for N.J. SC nominee

Today's post was shared by Legal Newsline and comes from legalnewsline.com


A hearing has been scheduled for one of New Jersey Gov. Chris Christie’s state Supreme Court nominees.

According to NewsWorks, the Senate Judiciary Committee has scheduled a hearing for Oct. 17 on Judge Faustino Fernandez-Vina’s nomination to the state’s high court.
Fernandez-Vina

Christie, whose previous attempts to fill the vacant seats on the state’s high court have failed, nominated Fernandez-Vina in August.
The Cuban-born Republican has served as a judge on the New Jersey Superior Court since July 2004.

“In the words of the late Sen. John Adler, Judge Fernandez-Vina had ‘the highest level of competence and he’s just the total package,’” Christie said in August.

“Last year Chief Justice (Stuart) Rabner named Judge Fernandez-Vina the assignment judge of the Camden Vicinage. At that time, the chief justice said the following, ‘Judge Fernandez-Vina brings to the position of assignment judge a wealth of experience, a proven, practical approach to addressing issues, superb judgment and the respect of the bench and bar.’ Those are his words not mine.”
Christie said he couldn’t agree more.

“Beyond his time in public life Judge Fernandez-Vina had 22 years of private sector legal experience where he tried in excess of 100 cases and was a certified civil trial attorney certified by the New Jersey Supreme Court,” the governor said, noting...
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11 Barriers to Hand Hygiene Compliance

Today's post was shared by votersinjuredatwork and comes from www.beckersasc.com

Time pressure is one of the biggest reported barriers to hand hygiene compliance among healthcare workers, according to a study in Infection Control and Hospital Epidemiology.
Of 123 healthcare workers in a Thai hospital, compliance with the World Health Organization's "five moments" of hand hygiene was 23.2 percent by direct observation and 82.4 percent by self report. In a survey, the participants identified 11 barriers to compliance: 

•    I hurry/emergent patient conditions — 45.5 percent
•    I don't see any dirt/I think it's not dirty — 24.4 percent
•    I forget — 19.5 percent
•    I'm busy/too many patients — 15.4 percent
•    It is inconvenient — 13.8 percent
•    I don't care — 8.1 percent
•    I'm lazy — 5.7 percent
•    I wear gloves/no direct contact with patients — 4.9 percent
•    There are adverse effects of soap/cleanser — 4.9 percent
•    It wastes time — 4.1 percent
•    My hands are clean — 2.4 percent
These reasons may help guide future hand hygiene interventions, according to the study.

More Articles on Hand Hygiene:

Study: Only 23.2% Compliance Rate With WHO's 5 Moments of Hand Hygiene
5 Factors Associated With High Hand Hygiene Compliance

How to Maintain More Than 85%...
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Short Sleepers Most Likely to Be Drowsy Drivers

Today's post was shared by votersinjuredatwork and comes from www.claimsjournal.com

Federal data suggests that 15 to 33 percent of fatal automobile crashes are caused by drowsy drivers, but very little research has addressed what factors play a role in operating a vehicle in this impaired state. New research from the Perelman School of Medicine at the University of Pennsylvania is revealing that short sleepers, those who sleep less than six hours per night on average, are the most likely to experience drowsy driving, even when they feel completely rested. The study is published in the October issue of the journal Accident Analysis and Prevention.
Falling asleep at the wheel is a major cause of road accidents. It might even be more of a problem than drunk driving, since it is responsible for more serious crashes per year,” said corresponding study author Michael Grandner, PhD, instructor in Psychiatry and member of the Center for Sleep and Circadian Neurobiology. “We already know that people who are sleep deprived in the laboratory have impaired driving performance, but we haven’t been able to better define what sleep profiles and patterns put drivers in the general population at the highest risk.”
Previous research on drowsy driving has utilized results from laboratory experiments, but the new study, utilizing data from the CDC’s 2009 Behavioral Risk Factor Surveillance System (BRFSS), evaluated individuals in the general population. BRFSS is an annual, state-based, random digit-dialed telephone interview survey of...
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Schneider Electric Recalls APC Surge Protectors Due to Fire 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.
APC 7 Series SurgeArrest surge protector
APC 7 Series SurgeArrest surge protector
APC 8 Series SurgeArrest surge protector
APC 8 Series SurgeArrest surge protector
Model and serial numbers are located on the bottom of the surge protector
Model and serial numbers are located on the bottom of the surge protector

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 with the product on SaferProducts.gov

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.

To report a dangerous product or a product-related injury go...
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Thursday, October 3, 2013

Government Shutdown

Todays' post is from USA.gov and it reflects the impact of the shutdown on workers' compensation programs, both directly and indirectly, throughout the nation.

Below, find an overview of some of the government services and operations that will be impacted until Congress passes a budget to fund them again. For detailed information about specific activities at Federal agencies, please see federal government contingency plans.
  • Vital services that ensure seniors and young children have access to healthy food and meals may not have sufficient Federal funds to serve all beneficiaries in an extended lapse.
  • Call centers, hotlines and regional offices that help veterans understand their benefits will close to the public.
  • Veterans’ compensation, pension, education, and other benefits could be cut off in the case of an extended  shutdown.
  • Every one of America’s national parks and monuments, from Yosemite to the Smithsonian to the Statue of Liberty, will be immediately closed.
  • New applications for small business loans and loan guarantees will be immediately halted.
  • Research into life-threatening diseases and other areas will stop, and new patients won’t be accepted into clinical  trials at the National Institutes of Health.
  • Work to protect consumers, ranging from child product safety to financial security to the safety of hazardous waste facilities, will cease. The EPA will halt non-essential inspections of chemical facilities and drinking water systems.
  • Permits and reviews for planned energy and transportations projects will stop, preventing companies from working on these projects. Loans to rural communities will...
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Federal Workers Nationwide Protest Government Shutdown

The US Capitol is photographed through a chain fence in Washington, DC, on September 30, 2013 (Reuters/Kevin Lamarque).

The US government shut down at midnight as the Republican-controlled House continued to demand changes to Obamacare, and in response workers all across the country are protesting the GOP’s actions.
Nearly 100 government employees rallied in downtown Chicago at Federal Plaza on Monday to protest the shutdown, the first in seventeen years, calling Congress’ actions, “political theater of the absurd.”
Fox Chicago reports workers carried signs reading: “Jobs Not Furloughs.”
When asked about the impact of a shutdown, a spokesperson for Mayor Rahm Emanuel’s office responded vaguely: “I think we all know what that looks like.”
The Chicago Tribune offered some more specifics: “The early prevailing wisdom is that the Chicago area should be able to weather a short-term shutdown largely unscathed but that the impact will become more apparent the longer federal funding is suspended.”
And the Sun-Times reports that if employees considered “non-essential to national health safety and security” are furloughed, it will be “more difficult or impossible” to get a passport, a gun permit, or a new Social Security card.
Chris Black, who workers for the EPA, told CBS that a shutdown would do more than just furlough workers. A shutdown will also affect the jobs they do.
“I’m involved...
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THE TRUTH ABOUT CHEATIN’ AND LYIN’

Today's post comes from guest author Susan C. Andrews, from Causey Law Firm.

     You hear it all over the place these days: there are lots of people out there who lied and cheated to get Social Security Disability (SSD) benefits. I’m here to tell you that is a myth. You don’t have to drill down very far to find out differently. I should know, from where I sit, as an attorney who handles SSD cases. Where I sit most days is in front of a big pile of medical records—I mean HUNDREDS of pages of medical records, all belonging to the same person. You see, some of my clients have just one great big medical issue—like cancer, or Multiple Sclerosis, or Parkinson’s, and many of my clients have multiple medical problems. Either way, they have spent more time in doctors' offices and hospitals than any of us would ever choose to do.
 There is a mistaken notion floating around out there that a person can just waltz into Social Security, claim to be disabled, and voila—he’s granted benefits!
     There is a mistaken notion floating around out there that a person can just waltz into Social Security, claim to be disabled, and voila—he’s granted benefits! Nothing could be further from the truth. The burden of proof is on the claimant (the person claiming benefits) to show that he or she is disabled from engaging in substantial gainful activity (SGA) for a period of at least 12 continuous months. More about SGA in a bit. That proof starts with medical records, and diagnoses made by doctors. Self-diagnosing just doesn’t cut it, even if you’ve read up on your condition all over the internet, and you’re absolutely positive you know what’s wrong with you! Sometimes we get calls from people who do not have health insurance, and even though they have a serious medical condition, they have been unable to access much in the way of health care. Sadly, some of those folks who should be able to qualify for benefits do not, because they simply do not have the necessary treatment records to document the seriousness of their conditions.
     As mentioned above, Social Security’s definition of disability is the inability, due to one or more medical impairments, to engage in substantial gainful activity for a period of at least 12 continuous months. Social Security defines SGA in part by a dollar figure that usually goes up a little every year. In 2013 it is $1,040. Social Security looks at a person’s GROSS earnings, not net earnings or take-home pay. So if I’m able to gross $1,040 or more per month, I can engage in substantial gainful activity and I do not qualify for SSD. This concept is important especially for individuals with progressive conditions.
     Take, for example, a person diagnosed with Parkinson’s. One famous example is the actor Michael J. Fox. His Parkinson’s affects his functioning, but he is still working. Many people with progressive conditions continue to work for some time after receiving their diagnosis. At some point, progression of the disease may force some of them to go to part-time work. When the hours worked decrease, their earnings may no longer qualify as SGA. Or—and I see this a great deal in my practice—some people begin to have more bad days than good days, and work performance is impacted. There are days so bad that they really have no choice but to call in sick. Then this begins to happen more frequently than a couple of days a month. In my experience, at that point most employers become very unhappy campers. Not only are the employees taking sick leave faster than they are accruing it, they can’t tell their employers ahead of time which days they will wake up with an exacerbation of symptoms that keep them in bed, or at least in their bathrobe, all day.
     Which brings me to my final point: Many of my clients look okay to the casual passer-by. Take the guy with a serious heart problem. Well sure, if I followed him around for half a day, I’d see that he can barely exert himself without getting out of breath. But if I just passed by, he might look fine. And the day he spends at home in his bathrobe because he can hardly catch his breath—I’m not going to see him at all when he’s having one of those really lousy days. His condition may be largely invisible.
     To sum it up, I’d say there’s a bit of wisdom in being slow to judge. Thank goodness we take our good health for granted—it’d be a miserable existence if I spent too much time worrying about getting sick before it actually happened. But, of course, serious illness can strike any of us when we least expect it. And on the other side of that defining moment, the world can look a whole lot different.
 Photo credit: Gemma Grace / Foter / CC BY-NC

Worker error causes Fukushima leak


Today's post from the BBC.

This aerial photo shows the storage tank, fifth from left at left plot, which was found to be overflowing, at the Fukushima Dai-ichi nuclear plant at Okuma town in Fukushima prefecture,...

Japan's crippled Fukushima nuclear plant has a new leak of radioactive water after workers overfilled a storage tank, its operator says.

The workers miscalculated the tank's capacity as it was tilted on unlevel ground, plant operator Tepco said.

It said around 430 litres (100 gallons) of water may have leaked from the tank, and could have flowed into the sea.

The plant has experienced several leaks since being crippled by an earthquake and tsunami in 2011.

One of the largest leaks took place in August, when Tepco discovered a leak of at least 300 tonnes of highly radioactive water at a different part of the plant.

The latest leak was discovered by workers late on Wednesday.

Tepco official Masayuki Ono said: "We would like to apologise that we have to announce that we've had another leak in our tanks today."

"This is partly because we've had to fill our tanks to the brim in order to deal with the difficult management of rain water overflow following [a typhoon]," he added.

Chief Cabinet Secretary Yoshihide Suga said that Tepco had failed to deal with the leaks successfully.

"It's actually leaking so of course we can't say that [Tepco] have been properly dealing with the issue. It should not be leaking at all," he said.

The 2011 disaster knocked out cooling systems to the nuclear plant's reactors, three of which melted down.

Water is now being pumped in to cool the reactors, but storing the resultant large quantities of radioactive water has proved a...


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Found on

Nurses Prone to Injuries With Heavier Patients

Today's post was shared by votersinjuredatwork and comes from abcnews.go.com


Loretta Pierce is only 46, but she has already retired from nursing in favor of a desk job.
After years of lifting heavy patients and equipment that resulted in a herniated disc, she said she knew her body just couldn't handle the work anymore.
"I'm almost fearful as a nurse of going back to taking care of patients unless I have proper equipment," said Pierce, who worked in organ recovery, the intensive care unit and the emergency room. "It's kind of sad when you have to end your nursing career because you can't physically do the job anymore because your body's so beat up."
Nursing aides, orderlies and attendants suffer more musculoskeletal injuries than people in any other profession – including firefighters, according to the latest data from the Bureau of Labor Statistics. Registered nurses also edure more of these injuries than the average worker.
Even worse, patients are getting heavier -- especially in the Midwest where Pierce spent her career, she said. She recalled taking a patient to a dock to weigh him because no scale was available in the hospital that could do the job.
Still, she'd never think of saying "no" to helping a fellow nurse move a patient, no matter the toll on her body.
"It's kind of ingrained in you when a colleague asks for help, you go and you help. You don't even think twice because they're in trouble," said Pierce, who works in Nebraska. "We're a team. You don't leave a man down."
The American Nurses Association has been pressing for...
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What Happens When The Government Shuts Down 94 Percent of the EPA

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

Tuesday morning, 94 percent of the Environmental Protection Agency's 16,000 workers were furloughed due to the government shutdown.

"They basically lock things up, batten things down, which takes a few hours, then a vast majority of people are sent home," says consultant Dina Kruger, who worked at the EPA during the 1996 government shutdown.

To make sense of what it means that over 15,000 EPA employees are now sitting at home instead of working, consider how many facets of the environment the agency has its hands in: The EPA monitors air quality, regulates pesticides and waste, cleans up hazardous chemical spills, and ensures that people have safe drinking water, among other things. Now, according to the plan it laid out for the shutdown, only some workers will be on hand to respond to emergencies and to monitor labs and property.

That means the EPA will temporarily halt cleanup at 507 superfund sites across the country, the agency told the Huffington Post. Sites where the EPA was cleaning up hazardous chemicals are shuttered in any situation where closing them down won't be an immediate threat to the surroundings.

This will slow down cleanups and tack on additional costs that will accrue as these contaminated sites are left to their own devices, says Scott Slesinger, legislative director at the National Resources Defense Council and a former EPA employee. "The only sites that would be exempted would be those that, if they stopped working...

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