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

Wednesday, June 13, 2012

OSHA Cites Correctional Facility for Exposing Employees to Workplace Violence


Mississippi correctional facility cited by US Department of Labor's OSHA for
workplace violence and other hazards; more than $104,000 in fines proposed

The U.S. Department of Labor's Occupational Safety and Health Administration has cited The GEO Group Inc. with six safety and health violations, including one willful, for exposing employees to workplace violence and failing to take adequate measures to reduce the risk of violence following a December 2011 inspection stemming from a complaint about the Meridian correctional facility. Proposed penalties total $104,100.

"This employer knowingly put workers at risk of injury or death by failing to implement well-recognized measures that would protect employees from physical assaults by inmates," said Clyde Payne, OSHA's area director in Jackson. "Prisons may be inherently dangerous workplaces, but the employer is still required to take every reasonable precaution to protect corrections officers and other staff against safety and health hazards, including assaults."

A willful safety violation has been cited, with a $70,000 penalty, for failing to knowingly provide adequate staffing, fix malfunctioning cell door locks or provide required training to protect employees from incidents of violent behavior by inmates, including stabbings, bites and other injuries. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

One repeat health violation, with a $16,500 penalty, also has been cited for failing to conduct medical evaluations for workers required to wear respirators. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any facility in federal enforcement states within the last five years. A similar violation was cited in November 2010 at GEO's Pompano Beach, Fla., facility.

Two serious health and one serious safety violation, carrying a total of $17,600 in penalties, include failure to conduct a fit test for employees required to wear respirators, have a written exposure control plan for employees exposed to bloodborne pathogens and complete a personal protective equipment hazard assessment. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

One other-than-serious safety violation has been cited for failing to provide a written energy control procedure for workers exposed to electrical shock hazards. No penalty was assessed. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

The GEO Group Inc. is a correctional and detention organization with approximately 80,000 beds and 116 facilities located in the United States, the United Kingdom, Australia and South Africa. The company's East Mississippi correctional facility houses 1,318 low, medium and high security inmates, as well as inmates with mental illness.

Information on workplace violence is available at http://www.osha.gov/SLTC/workplaceviolence/index.html.

The citations can be viewed at
http://www.osha.gov/ooc/citations/The_GEO_Group_Inc_315306803_06_11_2012.pdf*,
http://www.osha.gov/ooc/citations/The_GEO_Group_Inc_315306357_06_11_2012.pdf*.

The company has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director or contest the findings 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 Jackson office at 601-965-4606.

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.

Diesel Exhaust Linked to Cancer

Diesel smoke from a big truck.
After a week-long meeting of international experts, the International  Agency for Research on Cancer (IARC), which is part of the World Health Organization (WHO), today   classified diesel engine exhaust as carcinogenic to humans (Group 1), based on sufficient evidence  that exposure is associated with an increased risk for lung cancer. 

Exposure to diesel exhaust has previously been held to be a causative factor in contributing to a compensable occupational heart condition. Recognizing that the the Workers' Compensation Act required an occupational exposure to be “characteristic” of and peculiar to a particular employment, that there be restricted compensability for disability due to “deterioration of a tissue, organ or part of the body in which the function of the tissue, organ or part of the body is diminished due to the natural aging process,” and that the disease be “due in a material degree to causes or conditions” peculiar to the place of employment, the court concluded that a truck driver may suffer cardiovascular disability as a result of exposure to carbon monoxide even though the employee had other pre-disposing risk factors including smoking, obesity, and a genetic predisposition. The court referred to the example of a teacher who develops asbestosis from working in a classroom with a flaking asbestos ceiling where the disability arising from the asbestos exposure was recognized as being compensable under the New Jersey Workers' Compensation Act. Fiore v. Consolidated Freightways, 140 N.J. 452, 659 A.2d 436 (1995).

Background

In 1988, IARC classified diesel exhaust as probably carcinogenic to humans (Group 2A). An Advisory Group  which reviews and recommends future priorities for the IARC Monographs Program had recommended  diesel exhaust as a high priority for re-evaluation since 1998. 

There has been mounting concern about the cancer-causing potential of diesel exhaust, particularly based  on findings in epidemiological studies of workers exposed in various settings. This was re-emphasized by  the publication in March 2012 of the results of a large US National Cancer Institute/National Institute for  Occupational Safety and Health study of occupational exposure to such emissions in underground miners,  which showed an increased risk of death from lung cancer in exposed workers..

Evaluation

The scientific evidence was reviewed thoroughly by the Working Group and overall it was concluded that  here was sufficient evidence in humans for the carcinogenicity of diesel exhaust. The Working Group  found that diesel exhaust is a cause of lung cancer (sufficient evidence) and also noted a positive  association (limited evidence) with an increased risk of bladder cancer (Group 1).  The Working Group concluded that gasoline exhaust was possibly carcinogenic to humans (Group 2B), a  finding unchanged from the previous evaluation in 1989.

Public health

Large populations are exposed to diesel exhaust in everyday life, whether through their occupation or  through the ambient air. People are exposed not only to motor vehicle exhausts but also to exhausts from  other diesel engines, including from other modes of transport (e.g. diesel trains and ships) and from power  generators.

Given the Working Group’s rigorous, independent assessment of the science, governments and other  decision-makers have a valuable evidence-base on which to consider environmental standards for diesel  exhaust emissions and to continue to work with the engine and fuel manufacturers towards those goals.  Increasing environmental concerns over the past two decades have resulted in regulatory action in North  America, Europe and elsewhere with successively tighter emission standards for both diesel and gasoline  engines. There is a strong interplay between standards and technology – standards drive technology and  new technology enables more stringent standards. For diesel engines, this required changes in the fuel  such as marked decreases in sulfur content, changes in engine design to burn diesel fuel more efficiently and reductions in emissions through exhaust control technology.

However, while the amount of particulates and chemicals are reduced with these changes, it is not yet clear how the quantitative and qualitative changes may translate into altered health effects; research into this question is needed. In addition, existing fuels and vehicles without these modifications will take many years to be replaced, particularly in less developed countries, where regulatory measures are  currently  also less stringent. It is notable that many parts of the developing world lack regulatory standards, and data on the occurrence and impact of diesel exhaust are limited.

Conclusions
Dr Christopher Portier, Chairman of the IARC working Group, stated that “The scientific evidence was compelling and the Working Group’s conclusion was unanimous: diesel engine exhaust causes lung cancer in humans.” Dr Portier  continued: “Given the additional health impacts from diesel  particulates, exposure to this mixture of chemicals should be reduced worldwide.“ Dr Kurt Straif, Head of the IARC Monographs Program, indicated that “The main studies that led to this  conclusion were in highly exposed workers. However, we have learned from other carcinogens, such as  radon, that initial studies showing a risk in heavily exposed occupational groups were followed by positive  findings for the general population. Therefore actions to reduce exposures should encompass workers  and the general population.”

Dr Christopher Wild, Director, IARC, said that “while IARC’s remit is to establish the evidence-base for  regulatory decisions at national and international level, today’s conclusion sends a strong signal that  public health action is warranted. This emphasis is needed globally, including among the more vulnerable  populations in developing countries where new technology and protective measures may otherwise take 
many years to be adopted.”

....
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Court Rules Site of Accident Invokes Exclusivity Rule

English: Motor vehicle accident following a ve...
A NJ appeals court ruled that a motor vehicle accident cause by a co-worker in the emplyers' parking lot, before work had commenced for the day, limited the injured workers' recovery to workers' compensation benefits.  The "Exclusivity Rule" embodied in the Workers' compensation Act barred a separate cause of action by the injured worker against the co-employee.


"The causal nexus between the accident and plaintiff's employment is manifestly established. It is inconsequential that she, like the plaintiff in Ramos, had arrived early to drink her morning coffee and ease into her workday before performing her work functions. The nexus to plaintiff's employment is more than sufficient here to conclude that the Act provides the exclusive means to compensate her for her injuries."



TAWANNA FLOYD v.CAROL VON NEUDECK, DOCKET NO. A–3855–10T2, Not Reported in A.3d, 2012 WL 2094063 (N.J.Super.A.D.) Decided June 12, 2012.


Related articles

OSHA cites Wal-Mart Super Center for repeat and serious safety hazards - proposes $52,600 in fines


The U.S. Department of Labor's Occupational Safety and Health Administration has cited Wal-Mart Stores Inc. for alleged repeat and serious violations of workplace safety standards at the Wal-Mart Super Center store located at 139 Merchant Place in Cobleskill. The retailer faces a total of $52,600 in proposed fines following inspections by OSHA's Albany Area Office.


OSHA found that emergency exit access from a receiving and storage area was obstructed by the storage of pallets containing merchandise and equipment, and employees were not able to safely operate pallet jacks in aisles and passageways that were obstructed by stacked merchandise. In addition, portable fire extinguishers were not mounted and located in safely accessible areas, and the lack of a protective fitting and strain relief for an electrical conduit entering a control box presented an electrical hazard.


These conditions resulted in the issuance of citations with $48,200 in proposed fines for three repeat violations. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. In this case, OSHA had previously cited Wal-Mart for similar hazards at stores in Newington, Conn.; Chelmsford and West Boylston, Mass.; Centralia and Joliet, Ill.; Coshocton, Ohio; and Lewisville, Texas.


"The recurring nature of these hazards is disturbing and needs to be effectively addressed," said Kimberly Castillon, OSHA's area director in Albany. "An employer with multiple locations, such as Wal-Mart, needs to ensure that hazards are identified, corrected and prevented at all of its workplaces."


Additionally, a citation with a $4,400 fine has been issued for a serious violation involving a lack of eye, face and hand protection as well as safety training for employees operating cardboard balers. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.


"One step an employer can take to protect its workers against on-the-job hazards is to develop and maintain an effective illness and injury prevention program in which management and employees work together to proactively identify and prevent hazardous conditions," said Robert Kulick, OSHA's regional administrator in New York.


Arkansas-based Wal-Mart has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings 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 Albany office at 518-464-4338.


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.

Tuesday, June 12, 2012

Nanomaterials: NIOSH Publishes Safe Practices Guide

NIOSH (The National Institute for Occupational Safety and Health) has published safety recommendations on engineering controls and safe practices for handling engineered nanomaterials in laboratories and some pilot scale operations. This guidance was designed to be used in tandem with well-established practices and the laboratory’s chemical hygiene plan. The introduction of nanoparticles into the workplace has created a new dimension in workers' compensation occupational exposure claims.

"Nanotechnology, the manipulation of matter at a nanometer scale to produce new materials, structures, and devices having new properties, may revolutionize life in the future. It has the potential to impact medicine through improved disease diagnosis and treatment technologies and to impact manufacturing by creating smaller, lighter, stronger, and more efficient products. Nanotechnology could potentially decrease the impact of pollution by improving methods for water purification or energy conservation. Although engineered nanomaterials present seemingly limitless possibilities, they bring with them new challenges for identifying and controlling potential safety and health risks to workers. Of particular concern is the growing body of evidence that occupational exposure to some engineered nanomaterials can cause adverse health effects.

"As with any new technology or new material, the earliest exposures will likely occur for those workers conducting discovery research in laboratories or developing production processes in pilot plants. The research community is at the front line of creating new nanomaterials, testing their usefulness in a variety of applications and determining their toxicological and environmental impacts. Researchers handling engineered nanomaterials in laboratories should perform that work in a manner that protects their safety and health. This guidance document provides the best information currently available on engineering controls and safe work practices to be followed when working with engineered nanomaterials in research laboratories.

....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Monday, June 11, 2012

OSHA fines Clifton, NJ, stucco contractor more than $108,000 for exposing workers to fall hazards

The seal of the United States Department of Labor
The seal of the United States Department of Labor (Photo credit: Wikipedia)

The U.S. Department of Labor's Occupational Safety and Health Administration has cited DD Stucco and Renovation LLC for six safety — including two willful — violations related to fall hazards at a Mountain Lakes work site. OSHA opened an inspection in November 2011 as part of its local emphasis program on falls and proposed a total of $108,240 in penalties.


"This company is risking worker injury and possible death by failing to provide proper fall protection," said Kris Hoffman, director of OSHA's Parsippany Area Office, which conducted the inspection. "Employers need to know that falls are the leading cause of fatalities in the construction industry, and proper precautions must be taken."


The willful violations carry a $92,400 penalty and are due to a lack of fall protection for employees working on a scaffold that was not fully planked. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.


Four serious violations, which carry a $15,840 penalty, are for a scaffold that was not secured to the structure or supported on an adequate firm foundation, unstable objects used to support the scaffold and employees climbing across braces to access the scaffold. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.


In April, Secretary of Labor Hilda L. Solis announced a new campaign to provide employers and workers with life-saving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. In 2010, more than 10,000 construction workers were injured as a result of falling while working from heights, and more than 250 workers were killed. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More detailed information is available in English and Spanish on fall protection standards at http://www.osha.gov/stopfalls.


"Fall hazards involving these and other safety issues can be avoided when an illness and injury prevention program is developed and implemented, and management and workers proactively identify and eliminate hazardous conditions," said Robert Kulick, OSHA's regional administrator in New York.


The citations can be viewed at http://www.osha.gov/ooc/citations/DDStucco_316089713_0521_12.pdf*.


DD Stucco and Renovation is headquartered in Clifton and had three workers at the Mountain Lakes site. The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA 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 office at 973-263-1003.


Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov.

Saturday, June 9, 2012

EPA Encourages the Public to Comment on Plan for Cleanup at Evor Phillips Superfund Site in Old Bridge, New Jersey


    The U.S. Environmental Protection Agency has proposed a plan to clean up contaminated ground water at the Evor Phillips Leasing Company Superfund site. The six-acre vacant site is in an industrial area of Old Bridge Township, New Jersey. Past industrial activities contaminated the ground water with volatile organic compounds, which can have serious health effects. The proposed plan calls for the ground water to be treated to break down the contaminants to protect people’s health and the environment.

    The EPA will hold a public meeting on June 19, 2012 to explain the proposed plan and is encouraging public comments. The meeting will be held at 6:00 p.m. at the Old Bridge Central Library, 1 Old Bridge Plaza, Municipal Center, Old Bridge, New Jersey. Comments will be accepted until July 9, 2012.

    Some volatile organic compounds can cause cancer. The extent and nature of potential health effects depend on many factors, including the level and length of exposure to the pollution.

    “The chemicals in the ground water at the Evor Phillips Superfund site pose health risks,” said EPA Regional Administrator Judith A. Enck. “Removing them is the best way to protect the health of people who live and work in the area. The EPA encourages the public to attend the June 19 meeting and share their views on the proposed plan.”

    From the early 1970s to 1986, the Evor Phillips site was used for industrial waste treatment and metal recovery operations. Liquid waste was treated on site and two waste disposal areas were used to neutralize acidic and caustic wastewater. The site also contained 19 small furnaces for incinerating photographic film and printed circuit boards to recover silver and other precious metals. The New Jersey Department of Environmental Protection closed down the liquid waste treatment operations in1975 after the operators failed to comply with state environmental requirements. All operations at the site stopped in 1986 with the shutdown of the metal recovery furnaces.

    The Evor Phillips site was listed on the EPA’s Superfund list of the nation’s most hazardous waste sites in 1983. Because of the nature and complexity of the contamination at the site, the cleanup is being conducted in three phases. The first phase, conducted by NJDEP, involved the removal of approximately 40 buried drums and soil contaminated by metals, and the construction of a ground water treatment system to prevent the contaminated ground water from moving off site. In 2002, several companies responsible for the contamination began operating the ground water treatment system, with NJDEP oversight. The companies also demolished office buildings and furnaces, and removed buried drums, contaminated soil and underground storage tanks.

    The EPA took the lead in overseeing the cleanup in 2008. The removal of contaminated soil, which will begin this summer, is the second phase of the cleanup. The third phase, which is currently proposed by the EPA, is the long-term treatment of the ground water using a process known as chemical oxidation. Chemical oxidation uses chemicals to destroy pollution in soil and ground water, breaking down the harmful chemicals into water and carbon dioxide. The oxidants are pumped into the ground water at different depths in the polluted area. Each injection is followed by monitoring to evaluate the effectiveness of the treatment. Samples of the ground water would be collected and analyzed to ensure that the technology is effective. The ground water will be monitored for several years after the cleanup goals have been met to demonstrate that the ground water is no longer a source of contamination.

    The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The cleanup of the Evor Phillips site is being conducted and paid for by the responsible parties with oversight by the EPA.

    Written comments may be mailed or emailed to:
    Rich Puvogel, Remedial Project Manager
    U.S. Environmental Protection Agency – Region 2
    290 Broadway – 19th Floor
    New York, N.Y. 10007-1866
    (212) 637-4410
    puvogel.rich@epa.gov

    For more information on the Evor Phillips Leasing Company Superfund site, go to:http://www.epa.gov/region02/superfund/npl/evorphillips/.

    For a Google Earth aerial view of the Evor Phillips Leasing Company Superfund site, go to:http://www.epa.gov/region02/kml/evor_phillips_leasing.kml. (You must have Google Earth installed on your computer to view the map. To download Google Earth, visithttp://earth.google.com/download-earth.html).