Copyright

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

Tuesday, July 3, 2012

Facebook Photo Admissible As Evidence

An injured worker was denied benefits when an Arkansas Court admitted into evidence Facebook pictures that were posted on line showing him drinking and partying. The worker had alleged that as a result of a hernia, sustained at work, he was in excruciating pain.

The trial court held that the evidence went to the weight to be given his testimony and it was within the province of the Court admit them into evidence. The Court dismissed the injured worker's argument that the Facebook photos "are a disgrace to the dignity of the workers' compensation proceeding and the legal system." The case was dismissed.

Clement v. Johnson's Warehouse Showroom, 2012 Ark. App. 17, 2012 WL 11285 (Ark.App.)

EPA Provides Funding Community Groups to Educate About River Contamination from Abandoned Industrial Facilities

The legacy of toxic pollution generated from abandoned industrial facilities located on the NJ Passaic River, and other urban waters,  concern the US Environmental Protection Agency (EPA). The agency will be providing grants to educate the communities, including the former workers of the facilities.

Many of the toxic substances that companies dumped in to the Passaic River have resulted in occupational illnesses that have taken decades to manifest. Claims for industrially-induced occupational diseases are probably the greatest economic burden upon the compensation system at this time. The epidemiological predictions of the manifestation of occupational disease in the 21st century are for numbers of "epidemic" proportion.

The U.S. Environmental Protection Agency is providing a $60,000 grant to the Ironbound Community Corporation, a community organization in the Ironbound section of Newark, New Jersey, to educate the community about the history and ecology of the Passaic River and what can be done to protect it. The funding is part of the EPA’s Urban Waters program, which supports community efforts to restore and revitalize local canals, rivers, lakes, wetlands, aquifers, estuaries, bays and ocean areas and provide access to them. The Ironbound Community Corporation is the largest comprehensive social service provider in the area.

"Urban waterways like the Passaic River have been battered by toxic and sewage pollution for too long," said EPA Regional Administrator Judith A. Enck. "By providing these grants, the EPA is supporting efforts to educate the public about the history of the Passaic River and the need to work together to clean it up.”

The Ironbound Community Corporation will offer a series of river tours and “walkshops” to introduce Newark residents to the Passaic River’s history and ecosystem. The programs will include a series of walks along the river’s edge to celebrate the river and educate participants about what they can do to improve the river. The Ironbound Community Corporation will also produce a Back to the River brochure and map depicting the history and current state of the Lower Passaic River.

Many urban waterways have been polluted for years by sewage, runoff from city streets and contamination from abandoned industrial facilities. Healthy and accessible urban waters can help local businesses grow and enhance educational, recreational, employment and economic opportunities in nearby communities. By promoting public access to urban waterways, the EPA is helping communities become active participants in restoration and protection.

Through the Urban Waters program, the EPA is awarding grants ranging from $30,000 to $60,000 to 46 organizations throughout the nation. The projects selected for the funding will promote the restoration of urban waters through community engagement and outreach, water quality monitoring and studies, and environmental education and training. To view a list of the grant recipients, visit: http://www.epa.gov/urbanwaters/funding.Information on the EPA’s Urban Waters program: http://www.epa.gov/urbanwaters/index.html.

Information on the Urban Waters Federal Partnership: http://urbanwaters.gov/
....
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.


More Blogs About the Passaic river Pollution
Jun 21, 2012
Seventy Companies Reach Agreement with EPA to Remove Highly Contaminated Mud from Lyndhurst Section of the Passaic River; Cleanup work estimated to cost $20 million. The U.S. Environmental Protection Agency ...
May 09, 2012
The U.S. Environmental Protection Agency will discuss plans to address high levels of contaminants, including PCBs, mercury and dioxin, which are present in Passaic River mud adjacent to Riverside Park in Lyndhurst, New ...
Feb 28, 2012
In 2010, new pollutants were included for waters in the basins of the Hudson River, the Passaic River, the Raritan River, the Delaware Bay, and others. The EPA will continue to work with state and local governments to ensure ...
Dec 28, 2011
The U.S. Department of Labor's Occupational Safety and Health Administration has cited Creamer Sanzari Joint Venture of Hackensack for seven alleged serious safety violations found at the Passaic River bridge project in ...

Monday, July 2, 2012

The Stockton Senario: When the Municipality Goes Into Bankruptcy

Official seal of City of Stockton
Official seal of City of Stockton (Photo credit: Wikipedia)
An injured municipal employee's nightmare is when the governmental entity goes into bankruptcy and uncertainty of benefits and potential elimination of a safety net become a reality. Unfortunately the senario is now threatening to be played out in Stockton, California.


Stockton is self-insured:
"The City of Stockton is "self-insured" for workers' compensation benefits. The City pays benefits directly to injured employees rather than purchasing an insurance policy that would pay benefits.

"All employees of the City are eligible to receive workers compensation benefits if injured or made ill by their job. There is no qualification period for eligibility, such as working a minimum time period or a minimum number of hours per week. If an employee believes that he or she was injured on the job, a claim for benefits can be filed with the employee's supervisor.


Some states have backup coverage system in place to provide benefits and many do not. If the bankruptcy protection becomes a growing trend for municipalities, then the senario can become even more problematic.

Sunday, July 1, 2012

OSHA kicks off summer campaign to prevent heat-related illnesses and fatalities among outdoor workers


The U.S. Department of Labor's Occupational Safety and Health Administration has kicked off a national outreach initiative to educate workers and their employers about the hazards of working outdoors in hot weather. The outreach effort builds on last year's successful summer campaign to raise awareness about the dangers of too much sun and heat.

"For outdoor workers, 'water, rest and shade' are three words that can make the difference between life and death," Secretary of Labor Hilda L. Solis said. "If employers take reasonable precautions, and look out for their workers, we can beat the heat."

Every year, thousands of workers across the country suffer from serious heat-related illnesses. If not quickly addressed, heat exhaustion can become heat stroke, which has killed — on average — more than 30 workers annually since 2003. Labor-intensive activities in hot weather can raise body temperatures beyond the level that normally can be cooled by sweating. Heat illness initially may manifest as heat rash or heat cramps, but quickly can become heat exhaustion and then heat stroke if simple prevention steps are not followed.

"It is essential for workers and employers to take proactive steps to stay safe in extreme heat, and become aware of symptoms of heat exhaustion before they get worse," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "Agriculture workers; building, road and other construction workers; utility workers; baggage handlers; roofers; landscapers; and others who work outside are all at risk. Drinking plenty of water and taking frequent breaks in cool, shaded areas are incredibly important in the hot summer months."

In preparation for the summer season, OSHA has developed heat illness educational materials in English and Spanish, as well as a curriculum to be used for workplace training. Additionally, a Web page provides information and resources on heat illness — including how to prevent it and what to do in case of an emergency — for workers and employers. The page is available athttp://www.osha.gov/SLTC/heatillness/index.html.

OSHA also has released a free application for mobile devices that enables workers and supervisors to monitor the heat index at their work sites. The app displays a risk level for workers based on the heat index, as well as reminders about protective measures that should be taken at that risk level. Available for Android-based platforms and the iPhone, the app can be downloaded in both English and Spanish by visiting http://s.dol.gov/RI.

In developing last year's inaugural national campaign, federal OSHA worked closely with the California Occupational Safety and Health Administration and adapted materials from that state's successful campaign. Additionally, OSHA is partnering with the National Oceanic and Atmospheric Administration for the second year to incorporate worker safety precautions when heat alerts are issued across the nation. NOAA also will include pertinent worker safety information on its heat watch Web page athttp://www.noaawatch.gov/themes/heat.php.
Read this news release en EspaƱol.

Friday, June 29, 2012

Mesothelioma Rates Continue to be High



Mesothelioma is a rare but highly fatal cancer of the thin membranes surrounding the chest  cavity or abdominal cavity. The only well-established risk factor for mesothelioma is exposure to asbestos fibers. Prior asbestos exposure, primarily in the workplace, has been reported in 62 to 85 percent of all mesothelioma cases. Mesothelioma is a disease of long latency, typically with 20-40 years between exposure and onset of disease.

Rates of mesothelioma continue to hold steady. Use of asbestos in the United States continues to be permitted despite the fact asbestos is banned in many other countries.

More information about Mesothelioma

Mar 01, 2012
US Supreme Court Rules State Mesothelioma Claim Preempted By Federal Locomotive Statute. The US Supreme Court ruled yesterday in Kurns v. Railroad Friction Products Corp.that a claim can not be brought under state...
Dec 11, 2011
This week a New York state jury awarded $2 Million dolars to a former plastic compounder who was exposed to asbestos fiber and was subsequently diagnosed with mesothelioma. The employee worked in a plastic factory in ...
Nov 23, 2011
Dr. Yasunosuke Suzuki, A Pioneer of Mesothelioma Medical Research. I am saddened to report the passing of Dr. Yasunosuke Suzuki. Dr. Suzuki partnered with the late, Irving J. Selikoff MD at Environmental Sciences ...
Oct 06, 2011
"In conclusion, malignant mesothelioma remains a rare form of cancer but the disease is on the rise, probably due to the spread of asbestos use over past decades. Our analysis shows that the disease burden is still ...

....
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 asbestos exposures and illnesses.

Related articles

Friday, June 22, 2012

Health Hazard Alert: Hydraulic Fracking Workers Suffer Silica Expopsure

OSHA and NIOSH issue hazard alert on ensuring workers in hydraulic fracturing operations have appropriate protections from silica exposure

The U.S. Department of Labor's Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health today issued a hazard alert on ensuring that employers in hydraulic fracturing operations take appropriate steps to protect workers from silica exposure. Today's action, which is taken after consultation with stakeholders, including industry, meets the Obama administration's focus on ensuring that this important resource continues to be developed safely and responsibly.

The hazard alert follows a cooperative study by NIOSH and industry partners that identified overexposure to silica as a health hazard to workers conducting hydraulic fracturing operations. 
As noted in the alert, respirable silica is a hazard common to many industries and industrial processes.  

Because large quantities of silica sand are used during hydraulic fracturing, NIOSH began a cooperative effort in January 2010 to collect data regarding silica exposure at hydraulic fracturing operations. NIOSH worked in cooperation with oil and gas industry partners to sample the air at 11 sites in five states where hydraulic fracturing operations were taking place. NIOSH identified seven primary sources of silica dust exposure during fracturing operations and found that workers downwind of sand mover and blender operations, especially during hot loading, had the highest silica exposures. 
Workers who breathe silica day after day are at greater risk of developing silicosis, a disease in which lung tissue reacts to trapped silica particles, causing inflammation and scarring, and reducing the lungs’ ability to take in oxygen. Silica also can cause lung cancer and has been linked to other diseases, such as tuberculosis, chronic obstructive pulmonary disease, and kidney and autoimmune disease.
Today’s action responds to the NIOSH findings. The alert states that employers must ensure that workers are properly protected from overexposure to silica. The alert describes how a combination of engineering controls, work practices, protective equipment and product substitution, where feasible, along with worker training, can protect workers who are exposed to silica. Engineering controls and work practices provide the best protection for workers. According to the alert, transporting, moving and refilling silica sand into and through sand movers, and along transfer belts and into blender hoppers, can release dust into the air containing up to 99 percent silica that workers breathe. 
“Hazardous exposures to silica can and must be prevented. It is important for employers and workers to understand the hazards associated with silica exposure in hydraulic fracturing operations and how to protect workers,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “OSHA and NIOSH are committed to continuing to work with the industry and workers to find effective solutions to address these hazards.”
“Through partnerships, both businesses and safety professionals are able to collaborate on assessing and managing occupational safety and health risks,” said NIOSH Director John Howard, M.D. “The recommendations for protecting workers in the hazard alert are practical, evidence-based and effective solutions to help support the safe growth of American-made energy.”
“We applaud the efforts of the NIOSH NORA Council for Oil and Gas Extraction, OSHA and our partners from industry for helping to raise awareness of this hazard,” said Kenny Jordan, executive director of the Association of Energy Service Companies. “We are proud of the development of an industry focus group in cooperation with those agencies which will further explore this issue, share best practices and continue to build upon the many engineering controls currently in place and those under development over the last several years. The safety and health of our workforce is a top priority, and the industry strives to follow and improve best practices for safe operations and works closely with OSHA and NIOSH to help ensure a strong culture of safety. We look forward to sharing improvements not only within our industry, but with others as well.”
AFL-CIO Health and Safety Director Margaret Seminario stated, “The AFL-CIO strongly supports this hazard alert that provides important information to employers and workers involved in hydraulic fracturing operations regarding the serious health threat from silica exposures. It is critical that OSHA and NIOSH disseminate this information, so that immediate action can be taken to protect workers from silicosis and other silica-related diseases.”
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.


....
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.



More about fracking

May 19, 2012
Vermont Governor Peter Shumlin signed into law on Thursday a bill [H 464 materials] outlawing hydraulic fracturing, or fracking, making Vermont the first US state to ban the controversial technique used to extract natural gas ...
May 24, 2012
While focus has been on environmental concerns with the advent of fracking, a process to release oil and gas, a new concern has emerged over the potential occupational exposure to silica by workers who are involved in the...
Oct 22, 2011
The U.S. Environmental Protection Agency (EPA) is announcing a schedule to develop standards for wastewater discharges produced by natural gas extraction from underground coalbed and shale formations.
Oct 12, 2011
Related articles. How To Determine If A Substance Causes Cancer at Work (workers-compensation.blogspot.com); 'Fracking' fluid pitch stirs Great Lakes pollution fears (ctv.ca); Doctors Urge N.Y. to Weigh Health Risks of ...



Related articles

Unlawful Asbestos Removal Results in Criminal Charges


Demolition Contractors Indicted for Unlicensed and Unsafe Asbestos Removal at Zurbrugg Hospital Site in Riverside NJ
Illegal actions allegedly caused release of asbestos dust and debris


NJ Attorney General Jeffrey S. Chiesa announced that two men and the demolition company they operated have been indicted by a state grand jury on charges that they unlawfully removed asbestos from the former Zurbrugg Memorial Hospital in Riverside, N.J., without a license, using workers who were not trained or equipped to do the job safely.
The Division of Criminal Justice obtained a state grand jury indictment charging Frank J. Rizzo, 53, of Parlin, Michael Kouvaras, 59, of Maplewood, and the company they ran, Deuteron Capital, LLC, doing business as South Street Fillit Recycling of Riverside, with conspiracy (2nd degree), unlawfully causing the release of a toxic pollutant (2nd degree), abandonment of toxic pollutants (2nd degree), and violating the Asbestos Control and Licensing Act (3rd degree). The charges stem from a joint investigation by the Division of Criminal Justice Environmental Crimes Unit and the Department of Corrections Special Investigations Division.


Between August 2010 and March 2011, the defendants allegedly used untrained day laborers, including inmates from a halfway house, to remove asbestos from the hospital buildings in connection with demolition at the site and their efforts to salvage valuable copper and steel. They allegedly engaged in asbestos removal without the required license from the New Jersey Department of Labor, and their illegal activities allegedly caused the release of asbestos dust and debris. Kouvaras, the owner of South Street, and Rizzo, the project organizer, allegedly directed unlicensed workers to remove asbestos or asbestos-containing material, bury approximately 50 bags of asbestos in the ground, and dump bags of asbestos on the floor of a boiler room so that it would appear that vandals had removed the asbestos while stealing copper and steel.


“These men knew there was asbestos throughout this old hospital and knew the real dangers involved in removing it, but we allege that they put their monetary self-interest ahead of the health and safety of their workers and the surrounding community,” said Attorney General Chiesa. “They are charged with serious crimes, including second-degree offenses that carry a sentence of five to 10 years in state prison.”


“Through our Environmental Crimes Unit, we have made prosecuting polluters a high priority,” said Stephen J. Taylor, Director of the Division of Criminal Justice. “The laws and regulations governing the handling and disposal of hazardous materials such as asbestos are there to protect all of us, and we will come down hard on violators who put workers and the public at risk.”


In early 2010, Rizzo solicited the owner of the Zurbrugg site for the contract to demolish the hospital. South Street was given the contract, which specified that the company would retain all of the proceeds from the recycling of metal and arrange for and pay all demolition costs, including asbestos abatement and disposal. An engineering report on the hospital buildings, which was provided to the defendants, identified extensive asbestos throughout the structures.


The defendants initially retained a licensed asbestos abatement contractor, which provided the required 10-day notice of its intent to perform asbestos abatement at the site to the Department of Labor, Department of Health & Senior Services and U.S. Environmental Protection Agency. However, the defendants paid only a few thousand dollars of the 10 percent deposit required by the contractor to start the work. The contractor estimated abatement would cost about $220,000. The licensed contractor worked only one day at the site, removing a small amount of asbestos. 


The defendants allegedly used day laborers, including inmates from Clinton House, a work release halfway house in Trenton, to remove asbestos from sections of the hospital, without following the requirements of federal and state laws to prevent the release of toxic asbestos dust and debris. For example, the workers stripped insulation containing asbestos from pipes and a boiler, so that copper pipes, wire and other metals could be salvaged. It is alleged that the workers did not wear protective equipment, with the exception of paper masks, which are not authorized as safe for asbestos removal. The workers quickly took off the paper masks because the masks made it difficult to breathe.


The workers placed materials containing asbestos into black plastic bags, and some of the bags were placed in a roll-off container provided by a waste transportation company. Disposal manifests show 25 bags and 100 bags respectively were removed by a licensed hauler and disposed of at a lawful facility.


Division of Criminal Justice detectives executed a search warrant at the site on Filmore Street on March 28, 2011, and discovered material containing asbestos strewn on the floor of the boiler room. They found a roll-off container holding over 200 plastic bags of materials, 30 of which were tested and found to contain asbestos. They also uncovered two bags containing asbestos tiles buried in the ground during limited excavation at the site.
The U.S. Environmental Protection Agency Region 2 has taken jurisdiction of the site, which is being evaluated for asbestos removal action.


The state investigation began in early 2011 when the Department of Corrections (DOC) Special Investigations Division received a tip that inmates were being used to remove asbestos at the site. DOC alerted the Division of Criminal Justice, which joined the investigation. The Department of Environmental Protection, Department of Health & Senior Services and Department of Labor & Workforce Development assisted with the investigation, including helping with the execution of search warrants at the Zurbrugg site and South Street offices beginning on March 28, 2011.


Supervising Deputy Attorney General Betty Rodriguez and Deputy Attorney General Mary Erin McAnally presented the case to the state grand jury. The investigation was conducted for the Environmental Crimes Unit, within the Division of Criminal Justice Specialized Crimes Bureau, by Sgt. Steven Ogulin, Detective Dawn Ryan, Detective Michael Klumpp, SDAG Rodriguez and DAG McAnally. The investigation was led for the Department of Corrections Special Investigations Division by Principal Investigator Daniel Klotz.
Second-degree crimes carry a sentence of five to 10 years in state prison and a fine of up to $150,000. The third-degree offense of violating the Asbestos Control and Licensing Act carries a sentence of three to five years in prison and a fine of up to $25,000. The indictment is merely an accusation and the defendants are presumed innocent until proven guilty.


The indictment was handed up to Superior Court Judge Thomas W. Sumners Jr. in Mercer County, who assigned it to Burlington County. The indictment is posted with this release at www.njpublicsafety.com.
....
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.