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Friday, August 9, 2013

Plaintiffs’ expert in lead paint trial says industry took responsibility for public health

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

Markowitz

Markowitz

SAN JOSE, Calif. (Legal Newsline) – Manufacturers of lead based pigments and paints were aware of the dangers lead exposure posed nearly 100 years ago, but promoted them anyway, according to testimony from the latest expert witness in a public lawsuit against current owners of former lead paint and pigment manufacturing companies.

Dr. Gerald Markowitz, a historian and professor at City University of New York, blamed a deregulation principle that allowed paint companies to continue mixing lead in paint for generations, despite known and documented health hazards within the paint industry.

“There was a firm belief in the U.S. up until very recently that regulation of toxic substances, except in food, should not be regulated,” Markowitz said. “It was a firm belief within (the) industry that they had responsibility rather than government to protect the workforce and protect the public.”

Markowitz testified at trial Wednesday in a case brought by 10 cities and counties in California, including Los Angeles County and the cities of San Diego and San Francisco, against companies and parent companies of one-time lead-based paint makers. The plaintiffs want the companies to pay for the cost of eliminating lead paint from homes in their jurisdictions. Defendants include The Sherwin-Williams Company, ConAgra Grocery Products, DuPont and Atlantic Richfield Company.

The People of California v. Atlantic Richfield Company et al is being heard...

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Move Over: Obesity as a medical condition is coming to workers' compensation

The recent action by the American Medical Association to recognize obesity as a medical condition is going to have a super-sized impact on workers' compensation systems throughout the nation. Today's post is shared from insurancejournal.com

Report: Obesity Monkier to Impact California Workers’ Comp
"The recognition of obesity as a disease may have a significant impact on workers’ compensation claims in California, a group said in a report on Thursday.

The group issued the report following a decision in June by the American Medical Association House of Delegates to reclassifying obesity as “a disease state.”

In the past obesity in workers’ comp went largely unreported because it was not considered a condition that needed to be addressed to treat most work related injuries or illnesses, according to the report from the California Workers’ Compensation Institute.

But with obesity reclassified as a disease medical providers may feel a greater responsibility to counsel obese patients about their weight, or if treatment for a compensable injury causes significant weight gain, CWCI stated in its report........


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Thursday, August 8, 2013

The Importance of Occupational Safety and Health: Making for a “Super” Workplace

Today's post was shared by Safe Healthy Workers and comes from blogs.cdc.gov

August 7th, 2013 9:39 am ET  -  Jaclyn Krah, MA; Richard L. Unger

Graphic by Stephen R. Leonard

There’s just something about superhero movie summer releases that gets us here at NIOSH excited about safety. This summer the source of our inspiration came from theMan of Steel© movie. In the film, pre-Superman Clark Kent is working as a commercial fisherman (a hazardous job if you’re not a man of steel). He risks exposing his amazing abilities when he swoops in to save the workers on a nearby oil rig who are in great danger as the rig implodes around them.

The scene is reminiscent of Action Comics© issue #3, the original Superman comic book series dating all the way back to 1938. In Action Comics #3, “Superman Battles Death Underground“, (issued 75 years ago this month) Superman is in the right place at the right time to save a coal miner, as well as his rescue crew, from an unsafe mine filled with toxic gas. We see instances such as these riddled throughout comic books and superhero movies. There’s always a hero around to save the day.

Unfortunately, in real life we can’t rely on the Superman – but we can rely on the many super men and women in the occupational health and safety field who are always striving to improve working conditions to keep workers out of harm’s way long before they need saving. When it comes to research, regulations, and recommendations for improving workplace safety, a lot has...

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Distracted Driving: A Workplace Killer

Distracted driving remains one of the most preventable yet persistent workplace hazards facing employees who drive as part of their job. Despite years of awareness campaigns and stricter laws, the statistics remain alarming—and employers must take action. (Updated January 2026)

Did Halliburton cut a good deal with Justice?

Today's post was shared by FairWarning and comes from articles.washingtonpost.com

Is the criminal plea agreement Halliburton struck with the Justice Department on Thursday a good deal for the company?

The terms seemingly marked a setback for the Houston-based oil services giant, which had asserted its innocence in the 2010 Gulf of Mexico oil spill that killed 11 people and poured nearly 5 million barrels of oil offshore. Now Halliburton concedes that employees twice erased computer simulations that undercut the company’s argument about the causes of the disaster.

But investors on Friday shrugged off that admission. After the announcement Friday of a share buyback program of up to $3.3 billion, Halliburton’s stock closed at $45.98, up 3.7 percent.

And the terms of the company’s settlement with Justice also could be viewed less harshly:

Halliburton will pay the maximum fine for a misdemeanor, but the $200,000 is equal to just under four minutes’ revenue for the company.

The company will pay $55 million to the National Fish and Wildlife Foundation, but that payment might be considered tax deductible since the foundation, a conservation grant-making organization created by Congress in 1984, is a nonprofit group.

“One might read this as a deterrent in the reverse sense, in that it strongly encourages future corporate defendants to admit guilt, make separate unconditional payouts and cooperate like crazy, with the ‘carrot’ being a mere misdemeanor conviction,” said Robert Weisberg, law professor...

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Internal EPA report highlights disputes over fracking and well water

Today's post was shared by FairWarning and comes from www.latimes.com

WASHINGTON — One year ago, the Environmental Protection Agency finished testing drinking water in Dimock, Pa., after years of complaints by residents who suspected that nearby natural gas production had fouled their wells. The EPA said that for nearly all the 64 homes whose wells it sampled, the water was safe to drink.

Yet as the regulator moved to close its investigation, the staff at the mid-Atlantic EPA office in Philadelphia, which had been sampling the Dimock water, argued for continuing the assessment.

In an internal EPA PowerPoint presentation obtained by the Tribune/Los Angeles Times Washington Bureau, staff members warned their superiors that several wells had been contaminated with methane and substances such as manganese and arsenic, most likely because of local natural gas production.

The presentation, based on data collected over 4 1/2 years at 11 wells around Dimock, concluded that "methane and other gases released during drilling (including air from the drilling) apparently cause significant damage to the water quality." The presentation also concluded that "methane is at significantly higher concentrations in the aquifers after gas drilling and perhaps as a result of fracking [hydraulic fracturing] and other gas well work."

Critics say the decision in July 2012 by EPA headquarters in Washington to curtail its investigation at Dimock over the objection of its on-site staff fits a troubling pattern at a time when the Obama...

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Who is looking out the American Worker? -- "Nobody"

This post is shared from RADIUS.twc


"A passionate argument on behalf of the middle class, INEQUALITY FOR ALL features Robert Reich—professor, best-selling author, and Clinton cabinet member—as he demonstrates how the widening income gap has a devastating impact on the American economy. 

The film is an intimate portrait of a man who's overcome a great deal of personal adversity and whose lifelong goal remains protecting those who are unable to protect themselves.

Through his singular perspective, Reich explains how the massive consolidation of wealth by a precious few threatens the viability of the American workforce and the foundation of democracy itself. In this INCONVENIENT TRUTH for the economy, 

Reich uses humor and a wide array of facts to explain how the issue of economic inequality affects each and every one of us.