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

Friday, July 25, 2014

World Hepatitis Day: Think again

World Hepatitis Alliance

18 June 2014 -- Viral hepatitis – a group of infectious diseases known as hepatitis A, B, C, D, and E – affects millions of people worldwide, causing acute and chronic liver disease and killing close to 1.4 million people every year. Hepatitis remains largely ignored or unknown. In April this year, WHO issued new recommendations on treatment of hepatitis C. In May, World Health Assembly delegates from 194 Member States adopted a resolution to improve prevention, diagnosis, and treatment of viral hepatitis. On World Hepatitis Day, 28 July 2014, WHO and partners urge policy-makers, health workers and the public to "think again" about this silent killer.
Hepatitis B

240 millionpeople are chronically infected with hepatitis B virus.
Hepatitis C

150 millionpeople are chronically infected with hepatitis C virus.
Hepatitis E

20% Hepatitis E can induce a mortality rate of 20% among pregnant women in their third trimester.

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Court Orders Travelers Insurance to Pay $500 Million Asbestos Settlement

Today's post is shared from the wsj.com

Travelers Cos. reported an 18% decline in second-quarter operating profit as insurance claims from wind and hail storms eroded earnings, which were below analyst estimates and a catalyst for a sharp drop in the company's shares Tuesday.

Separately, the company was hit with an adverse ruling in a long-running case involving asbestos-related claims of more than $500 million tied to the insurer's coverage of Johns-Manville Corp. decades ago.

The U.S. Court of Appeals for the Second Circuit reversed a 2012 ruling by a lower court. The ruling by the federal appellate court in New York directed Travelers to make the $500 million payment, plus interest.

"We are still reviewing the decision, but this is a matter we have disclosed for more than 10 years and we have contemplated this as a potential outcome in our reserving, although we do not have a provision for interest," a Travelers' spokesman said. The company estimated the interest at approximately $75 million, before taxes.

In afternoon trading, Travelers shares were down 4.3% at $91.15 amid gains in the broader equities market. With the decline, Travelers shares are up 0.7% in 2014.

One of the country's largest property-casualty insurers, Travelers often sets the tone for industry earnings that will be announced by its peers in the coming weeks. Analysts watch closely how it is maneuvering through a competitive price environment while low interest rates continue to put pressure on...

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Click here to read the Court Decision In Re: Johns-Manville Corporation et al, decided 7/22/2014

United Airlines' Outsourcing Jobs to Company That Pays Near-Poverty Wages Is Shameful

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

On October 1, United Airlines is planning to outsource 630 gate agent jobs at 12 airports to companies that pay near-poverty level wages. The airports affected include Salt Lake City; Charlotte, North Carolina; Pensacola, Florida; Detroit and Des Moines, Iowa.

As a result hundreds of employees who formerly made middle-class, living wages will be forced to transfer to other cities, take early retirement or seek employment elsewhere. Union employees who have been with the company for years -- many making a respectable $50,000-per-year salaries -- will be replaced by non-union employees who will be paid less than half -- between $9.50 and $12 per hour.

Nine-fifty an hour is a poverty-level wage if you are trying to support a family -- and $12 barely exceeds the poverty level. In fact at $12 a family of three makes so little that they are eligible for food stamps.

That, in effect, means that United and its subcontractor will be subsidized by American taxpayers for the food stamp payments made to their new low-wage workers.

United's move to convert middle-class jobs into near-poverty level jobs is shameful -- it's that simple.

And United's move to cut employee pay is emblematic of corporate America's systematic campaign to lower wages and destroy the American middle class in order to increase returns to Wall Street shareholders. It is exactly the kind of action that must come to a screeching halt if the middle class is to survive -- and our children are once again be able to look...


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OSHA issues new directive to keep communication tower workers safe

The Occupational Safety and Health Administration has updated its Communications Tower directive regarding the use of hoist systems used to move workers to and from workstations on communication towers. This follows an alarming increase in preventable injuries and fatalities at communication tower work sites.
More fatalities occurred in this industry in 2013 than in the previous two years combined. This disturbing trend appears to be continuing, with nine worker deaths occurring so far in 2014.
"This directive ensures that communication tower workers are protected regardless of the type of the work they are doing on communication towers," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "Employers and cell tower owners and operators must make sure workers are properly trained and protected."
The directive outlines the proper use of hoist and other fall arrest systems and includes detailed information on how to hoist people safely. The directive updates a 2002 enforcement policy, which only covered the hoisting of workers to workstations during new tower erection activities. The updated policy covers any work on a communication tower - including both maintenance and new construction - that involves the use of a hoist to lift workers from one elevated workstation to another.
The release of the new directive is the latest in a series of actions OSHA has taken to improve cell tower safety. The agency is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands how to protect workers performing this high-hazard work.
OSHA sent a letter to communication tower employers urging compliance and strict adherence to safety standards and common-sense practices. OSHA has also created a new Web page targeting the issues surrounding communication tower work. This outreach follows a November 2013 memo to OSHA's compliance officers and regional administrators mandating increased attention, education and data collection on the industry. OSHA continues to investigate past incidents and will issue the results as they become available. Communication towers are on the agency's regulatory agenda and OSHA expects to issue a Request for Information later this year.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.
….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). 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.

United Airlines cited at Newark, N.J., airport for repeat and serious safety hazards


Company faces $101,300 penalty following OSHA inspection
United Airlines Inc. has exposed ground operation workers at the Newark airport to hazardous conditions, prompting the U.S. Department of Labor"s Occupational Safety and Health Administration to issue 16 citations and propose penalties of $101,300.
The safety violations were found during a January 2014 inspection that is part of an OSHA effort to focus on workplaces with high rates of injuries and illness. The inspection found three repeat violations that had been discovered by OSHA during inspections in 2011 and 2013.
"United Airlines should immediately address these safety violations to prevent worker injuries and ensure a safe workplace," said Kris Hoffman, director of OSHA"s Parsippany Area Office. "These workers face electrical hazards, falls, and being struck-by objects and equipment daily. Their safety is critical. Airline ground operations safety is of vital importance, not only to the workers, but to the millions of Americans who depend on air travel every day."
Carrying a $55,000 penalty, the repeat violations were cited for United Continental Holdings Inc."s failing to clearly mark exits located inside facilities where food service employees, baggage handlers and gate agents worked; keep unused openings closed on an electrical box where conduit or knockout plugs were located; and use extension cords as a substitute for required permanent wiring at Newark Liberty International Airport. A repeat violation exists when an employer previously has been cited for the same or a similar violation at any other facility in federal enforcement states within the last five years.
The company was cited for nine serious violations, with a $46,300 penalty, including exposing aircraft mechanics to fall hazards while working from a ground support vehicle and struck-by hazards by storing materials, such as aircraft parts including landing gear tires and aircraft struts and fasteners, on storage racks, which were damaged and not anchored. United Airlines also failed to:
  • Properly guard equipment, store materials and dispose of waste materials.
  • Ensure exits were unobstructed and wide enough and place directional signs in areas where exits were not apparent.
  • Ensure employees operating tugs to transport luggage used seat belts.
  • Use power strips according to manufacturer"s recommendations.
  • Use ladders for purposes intended by the manufacturer, and remove damaged ladders from service.
A serious citation is issued when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.
Three other safety violations involved failing to maintain clean and orderly work areas, and not providing fire extinguisher training for ground operation workers and welders. Additionally, powered industrial trucks in need of repair were not taken out of service, and placards on the trucks were illegible.
For more information on safety and health in the airline industry, visit https://www.osha.gov/SLTC/airline_industry/index.html
United Airlines has 15 business days from receipt of its citations and penalties to comply, ask for an informal conference with OSHA"s area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA"s toll-free hotline at 800-321-OSHA (6742) or the agency"s Parsippany Area Office at 973-263-1003.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA"s role is to ensure these conditions for America"s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). 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.

OSHA cites willful safety violation after workers expected to 'free climb' 195-foot tower without adequate fall protection

Two workers were free climbing, or climbing without safety lines, a 195-foot communication tower under construction without adequate fall protection in Coolville. As a result, Morlan Enterprises has been cited for one willful and eight serious safety violations by the U.S. Department of Labor's Occupational Safety and Health Administration. OSHA has proposed penalties of $52,500.
"Free climbing a communication tower is extremely dangerous, and it was this company's responsibility to ensure appropriate fall protection was provided and used," said Deborah Zubaty, OSHA's area director in Columbus. "Employers and cell tower owners and operators must do everything possible to stop senseless, preventable tragedies in the communication tower industry."
No more falling workers. Disturbing trend in communication towers-related worker deaths. 2011 = 6; 2012 = 2; 2013 = 13. Source: CY data from OSHA Integrated Management Information System.
In 2013, 13 workers were fatally injured at communication work sites. The majority of these deaths were a result of falls. OSHA requires employers to provide fall protection equipment, train employees how to use the safety equipment and ensure that they use it properly and consistently.
Morlan Enterprises was contracted by New Era Broadband Services of Coolville to perform tower construction and antenna installation services at 20 locations in the Meigs County area. The New Era Broadband construction project is being funded by a grant, administered through the U.S. Department of Agriculture-Rural Utilities Service, to bring broadband services to underserved communities in the area.
The willful violation cites the company for failing to ensure workers climbing the tower were using effective and adequate fall protection, including installing a climbing cable to the tower. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to employee safety and health.
Eight serious violations were cited for failing to provide workers with training on fall hazards, provide personal protective equipment, such as shock-absorbing lanyards and hard hats, and requiring workers to purchase their own fall arrest harnesses and other protective equipment. Other violations involved failing to make provisions for prompt medical attention* before starting work and having first aid kits available for emergencies.
An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.
OSHA is concerned about the alarming increase in preventable injuries and fatalities at communication tower work sites. As a result, OSHA is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands how to protect workers performing this high-hazard work.
More fatalities occurred in this industry in 2013 than in the previous two years combined. This disturbing trend appears to be continuing, with seven worker deaths occurring so far in 2014. To prevent these tragic incidents, OSHA has sent a letter to communication tower employers urging compliance and strict adherence to safety standards and common-sense practices. OSHA has also created a new Web page targeting the issues surrounding communication tower work. This outreach follows a November 2013 memo to OSHA's compliance officers and regional administrators* mandating increased attention, education and data collection on the industry.
Morlan Enterprises, based in Parkersburg, West Virginia, has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Thursday, July 24, 2014

Rick Perry Orders Dallas Cowboys to Mexican Border


Immigration reform Texas Repuublican style. Today's post shared from newyorker.com
DALLAS (The Borowitz Report)—In his boldest move yet to address the immigration crisis, on Thursday Texas Governor Rick Perry dispatched the Dallas Cowboys to the United Statesborder with Mexico.
In a photo opportunity with the Cowboys and several of the team’s cheerleaders, Perry explained the rationale behind his latest decision. “Those who would cross our borders illegally will have to contend with the power and fury of America’s Team,” he said.
Critics of the move dismissed it as political theatre, noting that once the Cowboys arrived at the border it was unclear what they would do there.
Additionally, there were questions about how effective the Cowboys would be in stopping illegal immigrants, since the team has the worst-ranked defense in the N.F.L.
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Appeals Court Deals Major Blow to Implementation of Affordable Care Act


Today's post is shared by WSJ Law Blog and comes from blogs.wsj.com

A federal appeals court on Tuesday dealt a serious blow to the Obama administration’s implementation of its signature health-care law, striking down subsidies available to some consumers who purchase health coverage on insurance exchanges set up by the federal government.

WSJ’s Brent Kendall has more on the breaking legal development out of Washington:

The U.S. Court of Appeals for the District of Columbia Circuit, on a 2-1 vote, invalidated an Internal Revenue Service regulation that implemented a key piece of the 2010 Affordable Care Act. The regulation said subsidies for health insurance were available to qualifying middle- and low-income consumers whether they bought coverage on a state exchange or one run by the federal government.

The ruling potentially could cripple the Affordable Care Act by making subsidies unavailable in as many as 36 states where the federal government has run some or all of the insurance exchanges.

The court sided with challengers, four individuals and three employers, who argued the health law allowed subsidies only for insurance purchases made through state exchanges. The issue became an important one after the law was enacted because more than two-thirds of the states chose not to set up their own exchanges, relying on federally run exchanges instead.

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Preventing Worker Injuries and Deaths from Backing Construction Vehicles and Equipment at Roadway Construction Worksites

Today's post was shared by Construction @ NIOSH and comes from www.cdc.gov

DHHS (NIOSH) Publication Number 2014-125
Workers on roadway construction worksites are exposed to possible injury and death from moving construction vehicles and equipment [NIOSH 2001].
The National Institute for Occupational Safety and Health (NIOSH) recommends that specific procedures and controls be in place at roadway construction worksites to help prevent injuries and deaths from backing construction vehicles and equipment.
Preventing Worker Injuries and Deaths from Backing Construction Vehicles and Equipment at Roadway Construction Worksites [PDF - 430 KB]
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NIOSH Fact Sheet: NIOSH Approval Labels—Key Information to Protect Yourself

Today's post was shared by Safe Healthy Workers and comes from www.cdc.gov
DHHS (NIOSH) Publication Number 2011-179

cover of 2011-179
cover of 2011-179

National Institute for Occupational Safety and Health (NIOSH) specifies minimum approval requirements for respiratory protective devices in Title 42 Code of Federal Regulations (CFR) Part 84. NIOSH reviews respirator approval applications, which contain technical specifications, drawings, and other related information. NIOSH also inspects, examines and tests the respirators to determine that the applicable requirements are met for individual, completely assembled respirators, as described in §84.30(a).
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Wednesday, July 23, 2014

FDA warns of compounded drug recall by Texas firm

WASHINGTON — The Food and Drug Administration warned doctors Wednesday not to use compounded drugs from a Texas specialty pharmacy due to potential risks of contamination.
The agency says FDA inspectors recently uncovered unsanitary conditions at Unique Pharmaceuticals’ plant in Temple, Texas. The inspections revealed production problems in several drug lots that were supposed to be sterile.
“Using these products puts patients at an unacceptable risk for serious infection,” said Carol Bennett, an official in the FDA’s drug center.
At the behest of regulators, Unique Pharmaceuticals has recalled all non-expired, sterile products distributed across the U.S., including a fluid used to clear mucus in patients with respiratory conditions. The company has also halted production of all other sterile drugs, which are generally solutions administered via injection or intravenous infusion. A spokesman for the company said it continues to produce other forms of drugs that do not require sterile conditions.
“We are diligently working to address FDA’s concerns noted before the recall,” said David Shank, in a statement. “We have commissioned third-party independent experts to address those concerns and ensure the safety of our compounded preparations for our customers.” Shank added that the recall could contribute to shortages of medicines already in short supply.
The FDA said in a statement it is not aware of any illnesses linked...
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Deadly silica standard is killing UK workers



Photo: Jawad Qasrawi

Today's post is shared from hazards.org. Silica exposure was the the trigger in the US during the 1059's that incorporated occupational diseases into the workers' compensation acts throughout the US.
Silica exposures kill over 1,000 workers a year in the UK and leave many more fighting for breath. But, unlike its US counterpart, finds Hazards editor Rory O’Neill, the Health and Safety Executive (HSE) is following the industry line and says our deadly silica exposure standard is just fine.
When the Health and Safety Executive (HSE) visited Teesdale Architectural Stone Ltd (TASL) in September 2007, it discovered workers were facing unacceptably high exposures to crystalline silica, a dust that can cause lung cancer, the breath-stealing disorder silicosis and other serious diseases.
In two letters, the regulator told the Barnard Castle firm to clean up its act. Then it did nothing. After all, the company had written twice to assure the watchdog improvements had been made.
Only they hadn’t. Five more years passed before a return HSE visit discovered workers were still facing a lung-clogging and potentially deadly daily dose of dust.
What’s the problem?

The US regulator says clear the air, the UK regulator says eat dust
In the UK, the official workplace safety regulator the Health and Safety Executive (HSE) is resisting behind closed doors any shift to a more stringent silica exposure standard that would help prevent cancers, lung and kidney diseases and other potentially fatal conditions. Affected workers have no say.
In the US, the official workplace safety regulator, OSHA, is arguing at public hearings...
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Tuesday, July 22, 2014

Ask Well: Nanoparticles in Sunscreens

Today's post is shared from nytimes.com. Workers' in an outdoor environment are exposed the the sun's rays. The question arises as to whether present protective measures, ie. sunscreens are more harmful than helpful.

Titanium dioxide nanoparticles have been used increasingly in sunscreens in the last decade to protect the skin because the tiny particles directly absorb the radiation from sunlight, especially in the UVB range. But because the articles are so tiny — generally about 100 nanometers across, compared with about 3,000 to 9,000 nanometers for a speck of dust — some scientists have raised concerns about whether they might do harm by seeping through the skin and into the bloodstream.

Concerns grew when studies in mice showed that when injected under the skin, titanium dioxide caused inflammation . In addition, the International Agency on Cancer Research, part of the World Health Organization, decided in 2006 to classify titanium dioxide as a potential human carcinogen, based mostly on inhalation studies in animals, though the group called the evidence “conflicting at best.”

But research has largely dismissed such concerns about absorption, and most experts say that sunscreens containing nanoparticles can be safely used.

More recently, concerns have focused on the possibility that these nanoparticles could promote skin aging....

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CA DWC Issues Notice of Public Hearing on September 3 for Proposed Workers’ Comp Benefit Notice Regulations Amendments

Today's post was shared by WC CompNewsNetwork and comes from workerscompensation.com

San Francisco, CA (WorkersCompensation.com) - The Division of Workers' Compensation (DWC) has issued a notice of public hearing on proposed amendments to the Workers’ Compensation Benefit Notice regulations found in California Code of Regulations, title 8, sections 9810, 9811, 9812, 9813, 9814, 9815, 9881.1 and 10139.
Formal notice of this rulemaking proceeding will be published in today’s California Regulatory Notice Register. A public hearing on the proposed regulations has been scheduled at 10 a.m., September 3 in the auditorium of the Elihu Harris State Office Building at 1515 Clay Street, Oakland, CA 94612. If public comment concludes before the noon recess, no afternoon session will be held. Members of the public may submit written comments on the proposed regulations until 5 p.m. that day.
The rulemaking proposes to amend and update existing regulations requiring employers to serve notice on injured employees that they may be entitled to workers' compensation benefits. These notices deal with: the payment, nonpayment, or delay in payment of temporary disability, permanent disability, and death benefits; any change in the amount or type of benefits being provided; the termination of benefits; the rejection of any liability for compensation; and the requirement to provide an accounting of benefits paid. In addition, changes are also being proposed to the Notice to Employees Poster and the Notice of Potential Eligibility for Benefits and Claim Form.
The...
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County Building Set for Demolition Contains Asbestos


Asbestos Sign
Asbestos Sign

Todays post is shared from emissourian.com
An asbestos review on a county-owned building that will be torn down found some of the substance in the structure.
The building, which is just south of the Franklin County Government Center in Union, will be torn down to create more county employee parking.
The goal is to keep county employees from parking on the street in downtown Union, where there is said to be a parking shortage.
Keeping the county employees from parking on the street will open up more parking for the public and patrons of downtown businesses, First District County Commissioner Tim Brinker noted.
He did not know how many employees are parking on the street in downtown Union, but he said there are “quite a few.”
Brinker said this week that asbestos has been found in some of the caulking around a door.
Cochran Engineering of Union, which did the asbestos and lead survey on the building, recommended that the contractor chosen for the demolition include in its work proper disposal of the asbestos.
The county commission may vote next week to seek bids on the demolition of the building, which resembles a Quonset hut.
Lung cancer has been associated with asbestos exposure, according to the EPA.
Brinker said tearing down the building also honors an agreement that was made between the city of Union and a prior commission. The current county commission has to fulfill the agreement since it was not done before, he said. The agreement involved the city of Union vacating a street so the county could...
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