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

Saturday, December 1, 2012

FAA proposes policy to improve flight attendant workplace safety

The U.S. Department of Transportation's Federal Aviation Administration, working with the U.S. Department of Labor's Occupational Safety and Health Administration, today proposed a new policy for addressing flight attendant workplace safety.

While the FAA's aviation safety regulations take precedence, the agency is proposing that OSHA be able to enforce certain occupational safety and health standards currently not covered by FAA oversight.

"Safety is our highest priority and that certainly extends to those who work in the transportation industry," said Transportation Secretary Ray LaHood. "Under this proposal, flight attendants would, for the first time, be able to report workplace injury and illness complaints to OSHA for response and investigation."

"The policy announced today with the FAA will not only enhance the health and safety of flight attendants by connecting them directly with OSHA but will, by extension, improve the flying experience of millions of airline passengers," said Secretary of Labor Hilda L. Solis.

Flight attendant workplace issues could include things such as exposure to noise and bloodborne pathogens, and access to information on hazardous chemicals. The FAA and OSHA will continue to work to identify any additional conditions where OSHA requirements could apply. They will also develop procedures to ensure that OSHA does not apply any requirements that could affect aviation safety.

"Flight attendants contribute to the safe operation of every flight each day," said acting FAA Administrator Michael Huerta. "This proposed policy is an important step toward establishing procedures for resolving flight attendant workplace health and safety concerns."

"We look forward to working with the FAA and the airlines to assure the protection of flight attendants," said Dr. David Michaels, assistant secretary of labor for occupational safety and health.

Through the FAA Modernization and Reform Act of 2012, Congress required the FAA to develop a policy statement to outline the circumstances in which OSHA requirements could apply to crewmembers while they are working on aircraft.

The policy notice was sent to the Federal Register today and is currently available at http://www.faa.gov/about/initiatives/ashp. The 30-day comment period begins when the policy notice is published in the Federal Register.


More about "flight attendants" and workers' compensation
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These studies have involved mainly nurses and flight attendants. The studies are consistent with animal studies that demonstrate that constant light, dim light at night, or simulated chronic jet lag can substantially increase .

Construction Injuries and Fatalities Cost California’s Economy $2.9 Billion Between 2008 and 2010


California Would Save Money by Using Its Buying Power to Reward Companies With Strong Safety Records
Occupational injuries and fatalities in the construction industry cost California residents $2.9 billion between 2008 and 2010, a new Public Citizen report shows.
The report, “The Price of Inaction: A Comprehensive Look at the Costs of Injuries and Fatalities in California’s Construction Industry,” quantifies the estimated costs of deaths and injuries in the state’s construction industry by considering an array of factors.
From 2008 to 2010, 168 construction workers were killed in workplace accidents in California. Additionally, the state recorded 50,700 construction-industry injuries and illnesses that required days away from work or a job transfer.
Drawing on a comprehensive 2004 journal article that analyzed the cost of occupational injuries, and combining the paper’s findings with updated fatality and injury data, Public Citizen determined that such incidents cost the state’s economy $2.9 billion during the three-year period.
“The economic picture is quite staggering,” said Keith Wrightson, worker safety and health advocate for Public Citizen’s Congress Watch division. “We now know that construction accidents impose huge economic costs in addition to tremendous pain for individual victims.”
As a partial solution, the report proposes that California pass a law requiring companies to demonstrate adherence to safety standards in order to be eligible to bid for state contracts. Such a solution not only would ensure that public-sector projects are fulfilled by responsible contractors but also would provide incentives for companies to maintain clean records while working on private-sector sites.
The report notes that California already screens construction companies to ensure that they have met performance standards in the past and haven’t violated any laws. The state also incorporates some safety standards in its prequalification system. But the system should be expanded to require construction firms to put greater emphasis on demonstrating that they provide safety training to workers and site supervisors, and that they have not had serious safety violations.
“Implementing a stricter prequalification process for public construction projects would not address all of the industry’s safety problems,” Wrightson said. “However, such a step would help further protect workers while also yielding significant gains to the economy for minimal costs.”
Read more about "occupational" conditions and workers' compensation
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Physician Stress - An Occupational Hazard for Oncologists. Physicians who treat terminally ill patients are reporting occupational stress. A recent article on the NY Times blog describes the problem of oncologists who treat ...
Nov 09, 2012
Going forward it is imperative that a universal medical program be established to provide medical treatment for all work-related occupational injuries and exposures. The delay and denial of medical benefits to those who suffer ...
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This exploratory population-based case–control study contributes to one of the neglected areas: occupational risk factors for breast cancer. The identification of several important associations in this mixed industrial and ...
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US NTSB Initiates Investigation of NJ Toxic Train Derailment

The US National Transportation Safety Board (NTSB) has now commenced an investigation of the train accident in Paulsboro, New Jersey where a moveable bridge collapsed and the 84 car train, with 4 cars of toxic substance crashed into a creek spilling hazardous vinyl chloride. 
The NTSB is a Federal agency charged with accident investigation. It has begun to collect data, both human and mechanical, to determine the cause of the investigation. A team of investigators has from Washington DC and other areas of the country has now appeared on the scene to commence the investigation. After conclusion of the investigation and analysis as to the its cause, the NTSB will issue
recommendations to prevent further similar accidents.

The same bridge was had collapsed in 2009, when a train pulling coal cars came off its tracks after the railroad bridge over the Mantua Creek collapsed and sent 16 cars into the water. The bridge was “an old structure,” and its original “A” frame dated back to 1873. The train has two locomotives and 83 freight cars.

One tanker containing 25,000 gallons of vinyl chloride. It was breached in the accident. The gas leaked into the air, while the rest turned into a solid and settled into the bottom of the tanker. Elevated levels of vinyl chloride were detected in a 12 block radius and over 500 people were evacuated last night. Approximately 70people have been treated at the local hospital. No fatalities have yet to be reported.

Most vinyl chloride is used to make polyvinyl chloride (PVC) plastic and vinyl products. Acute (short-term) exposure to high levels of vinyl chloride in air has resulted in central nervous system effects (CNS), such as dizziness, drowsiness, and headaches in humans. Chronic (long-term) exposure to vinyl chloride through inhalation and oral exposure in humans has resulted in liver damage. Cancer is a major concern from exposure to vinyl chloride via inhalation, as vinyl chloride exposure has been shown to increase the risk of a rare form of liver cancer in humans. EPA has classified vinyl chloride as a Group A, human carcinogen.


....
Jon L.Gelman of Wayne NJ, helping vinyl chloride victims and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).  

Read more about "vinyl chloride"


Jan 29, 2010
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Aug 11, 2007
This case involved exposure to poly vinyl chloride at a Pantasote, a Paterson NJ plant, causing disease to former workers which is characteristic of Raynaud's phenomenon ( fingers blanch and numbnessand discomfort are ...
Feb 20, 2008
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has ...

Friday, November 30, 2012

Train Carrying Deadly PVC Crashes In NJ Sickens Workers / Residents

A train carrying deadly Polyvinyl Chloride (PVC) crashed in NJ this morning when a bridge it was traveling on collapsed. The train containing highly toxic cargo crashed while crossing a creek near the Delaware River. 

It has been reported that at least 71 people are being treated for respiratory distress and residents have been ordered to remain indoors. The train remains dangling from the collapsed bridge and and chemicals continue to leak into the creek.

Most vinyl chloride is used to make polyvinyl chloride (PVC) plastic and vinyl products. Acute (short-term) exposure to high levels of vinyl chloride in air has resulted in central nervous system effects (CNS), such as dizziness, drowsiness, and headaches in humans. Chronic (long-term) exposure to vinyl chloride through inhalation and oral exposure in humans has resulted in liver damage. Cancer is a major concern from exposure to vinyl chloride via inhalation, as vinyl chloride exposure has been shown to increase the risk of a rare form of liver cancer in humans. EPA has classified vinyl chloride as a Group A, human carcinogen.

Acute Effects: Acute exposure of humans to high levels of vinyl chloride via inhalation in humans has resulted in effects on the CNS, such as dizziness, drowsiness, headaches, and giddiness. Vinyl chloride is reported to be slightly irritating to the eyes and respiratory tract in humans. Acute exposure to extremely high levels of vinyl chloride has caused loss of consciousness, lung and kidney irritation, and inhibition of blood clotting in humans and cardiac arrhythmias in animals. Tests involving acute exposure of mice have shown vinyl chloride to have high acute toxicity from inhalation exposure.

Chronic Effects(Noncancer): Liver damage may result in humans from chronic exposure to vinyl chloride, through both inhalation and oral exposure. A small percentage of individuals occupationally exposed to high levels of vinyl chloride in air have developed a set of symptoms termed “vinyl chloride disease,” which is characterized by Raynaud’s phenomenon (fingers blanch and numbness and discomfort are experienced upon exposure to the cold), changes in the bones at the end of the fingers, joint and muscle pain, and scleroderma-like skin changes (thickening of the skin, decreased elasticity, and slight edema). CNS effects (including dizziness, drowsiness, fatigue, headache, visual and/or hearing disturbances, memory loss, and sleep disturbances) as well as peripheral nervous system symptoms (peripheral neuropathy, tingling, numbness, weakness, and pain in fingers) have also been reported in workers exposed to vinyl chloride. Animal studies have reported effects on the liver, kidney, and CNS from chronic exposure to vinyl chloride. EPA has established a Reference Concentration (RfC) of 0.1 milligrams per cubic meter, and a Reference Dose (RfD) of 0.003 milligrams per kilogram per day for vinyl chloride. Please see IRIS for current information.

Reproductive/Developmental Effects: Several case reports suggest that male sexual performance may be affected by vinyl chloride. However, these studies are limited by lack of quantitative exposure information and possible co-occurring exposure to other chemicals. Several epidemiological studies have reported an association between vinyl chloride exposure in pregnant women and an increased incidence of birth defects, while other studies have not reported similar findings. Epidemiological studies have suggested an association between men occupationally exposed to vinyl chloride and miscarriages in their wives’ pregnancies although other studies have not supported these findings. Testicular damage and decreased male fertility have been reported in rats exposed to low levels for up to 12 months. Animal studies have reported decreased fetal weight and birth defects at levels that are also toxic to maternal animals in the offspring of rats exposed to vinyl chloride through inhalation.

Cancer Risk: Inhaled vinyl chloride has been shown to increase the risk of a rare form of liver cancer (angiosarcoma of the liver) in humans. Animal studies have shown that vinyl chloride, via inhalation, increases the incidence of angiosarcoma of the liver and cancer of the liver. Several rat studies show a pronounced early-life susceptibility to the carcinogenic effect of vinyl chloride, i.e., early exposures are associated with higher liver cancer incidence than similar or much longer exposures that occur after maturity. EPA has classified vinyl chloride as a Group A, human carcinogen. EPA uses mathematical models, based on animal studies, to estimate the probability of a person developing cancer from breathing air containing a specified concentration of a chemical.

EPA has calculated an inhalation unit risk estimate of 8.8 × 10-6 (µg/m3)-1 for lifetime exposure to vinyl chloride.


....
Jon L.Gelman of Wayne NJ, helping vinyl chloride victims and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).  

Read more about "vinyl chloride"


Jan 29, 2010
The 5 substances that TSCA mandates regulations for are all known carcinogens: Asbestos, Hexavalent Chromium, Vinyl Chloride, Trichloethylene, Methyene Chloride and Dicloromethene. Since 1976 chronic and terminal ...
Aug 11, 2007
This case involved exposure to poly vinyl chloride at a Pantasote, a Paterson NJ plant, causing disease to former workers which is characteristic of Raynaud's phenomenon ( fingers blanch and numbnessand discomfort are ...
Feb 20, 2008
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has ...

US sues Los Arcos Mexican Grill & Seafood in Tennessee to recover unpaid minimum and overtime wages for 70 employees

Workers' Compensation payment rates are determined by the wages of the employee at the time of the accident. In fact, so are the premium paid by an employer for workers' compensation coverage. Accuracy in payment and reporting is critical to a favorable claim for benefits.


The U.S. Department of Labor has filed a lawsuit against Los Arcos Seafood & Grill Inc., doing business as Los Arcos Mexican Grill & Seafood in Nashville, and its owners, Jose Gutierrez Jr. and Martin Romo, for allegedly violating the Fair Labor Standards Act. The department is seeking $227,366 in back wages plus an equal amount in liquidated damages for 70 employees.

The suit is based on an investigation by the department's Wage and Hour Division, which found that the employer failed to pay employees at least the federal minimum wage of $7.25 per hour as well as provide overtime compensation at time and one-half employees' regular rates for hours worked beyond 40 in a week. Additionally, the employer failed to maintain accurate records of hours worked and wages paid.

"Low-wage workers deserve the full protection of federal labor laws," said Sandra Sanders, director of the division's Nashville District Office. "The Wage and Hour Division will continue to ensure that these workers, including employees of both full- and limited-service restaurants, receive their full pay, and employers who follow the law do not face unfair competition from those who ignore it. This lawsuit illustrates that the division will use every enforcement tool necessary to resolve cases in which vulnerable workers have been exploited."

The suit has been filed by the department's Office of the Solicitor in the U.S. District Court for the Middle District of Tennessee, Nashville Division.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work, from the beginning of the first principal work activity to the end of the last principal activity of the workday. Additionally, the law requires that accurate records of employees' wages, hours and other conditions of employment be maintained.

Accessible and searchable information on enforcement activities by the Department of Labor is available athttp://ogesdw.dol.gov/search. Publicly available enforcement data are also available through the free mobile application "Eat Shop Sleep," which enables consumers, employees and other members of the public to check if a hotel, restaurant or retail location has been investigated by the Wage and Hour Division, and whether FLSA violations were found. The app is available at http://www.dol.gov/dol/apps/winners.htm.

The division's Nashville office can be reached at 615-781-5343. Information on the FLSA and other wage laws is available by calling the division's toll-free helpline at 866-4US-WAGE (487-9243) or by visiting http://www.dol.gov/whd/.

Solis v. Los Arcos Seafood & Grill Inc., doing business as Los Arcos Mexican Grill & Seafood, and Jose Gutierrez Jr. and Martin Romo


Read More on "Wages"
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OSHA cites Mississippi Phosphates for 40 safety and health violations following 2 worker fatalities

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Mississippi Phosphates Corp. with 40 safety and health violations following the deaths of two workers in separate incidents at the company's Pascagoula facilities. The fatalities led to comprehensive inspections by OSHA.

On May 22, an operator attempting to start up a steam turbine in sulfuric acid plant No. 2 was struck by flying metal debris when the turbine housing ruptured due to apparent overpressurization. In a similar incident on June 1, an operator restarting a tripped steam turbine in sulfuric acid plant No. 3 also was killed by flying metal debris when the turbine housing ruptured due to overpressurization.

OSHA has cited the company for three serious safety violations related to the fatalities, including exposing workers to "struck-by" hazards by not protecting them against overpressurization, and failing to maintain and service equipment in accordance with the company's maintenance program to prevent overpressurization.

An additional 23 serious safety violations involve failing to test and inspect pressure relief devices throughout the facility, provide handrails on fixed stairways, guard floor holes that could cause workers to trip and fall, provide fixed stairs to access tank gauging, address engineering controls during a process hazard analysis, and guard belt roller nip points, horizontal shafts, rotating shafts and horizontal V-belts. The violations also include various electrical hazards such as exposing workers to shocks, missing panel knockouts, broken face plates, unguarded light bulbs and an open ground in an outlet circuit.

Ten serious health violations involve failing to conduct an initial process hazard analysis, update the process hazard analysis every five years, conduct compliance audits for process safety management and determine the presence of asbestos prior to working on equipment, as well as to label hazardous substances such as caustic soda, acid and petroleum products that are used throughout the facility. 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 repeat health violation has been cited for a lack of housekeeping. 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 May 2009.

Three other-than-serious safety violations are failing to mount a fire extinguisher so it is readily available, not labeling circuit breakers, and using flexible cords and equipment cables that do not have strain relief. 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.

"Employers need to be proactive to ensure that all operating equipment is properly maintained and functional," said Clyde Payne, director of OSHA's Jackson Area Office. "Had this employer done so, these tragic events could have been prevented."
Mississippi Phosphates is a producer and marketer of diammonium phosphate, which is used as a fertilizer. The company's manufacturing facilities consist of two sulfuric acid plants, a phosphoric acid plant and diammonium phosphate granulation plant.
The citations for the serious and repeat violations carry total proposed penalties of $165,900. The citations for the other-than-serious violations do not carry monetary penalties. All citations can be viewed at
The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with the OSHA 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.

Read more about OSHA


Nov 08, 2012
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Thursday, November 29, 2012

A Single Payer System Will Solve the Fiscal Cliff

As time marches on to yet another US fiscal crisis, politicians continue to attempt to divert public attention between the nation's rich and poor. It has become yet another well-produced political campaign of sound bites with no real substance.