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Wednesday, August 21, 2013

Calif. judge denies Sherwin Williams motion in lead paint trial

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

SAN JOSE, Calif. (Legal Newsline) — A California judge denied paint maker Sherwin Williams’ motion for summary judgment at the opening of trial Monday in Santa Clara County Superior Court.

Kleinberg

Kleinberg

Judge James Kleinberg’s ruling came before the defense started its second day of arguments. The judge also kept defendant ARCO’s summary judgment motion under submission.

Ten cities and counties in California — including Los Angeles County and the cities of San Diego and San Francisco — filed The People of California v. Atlantic Richfield Company et al., which seeks the companies and parent companies of one-time lead-based paint makers pay for an abatement program — eliminating lead paint from homes in their jurisdictions — to protect public health.

Plaintiffs claim the lead paint is a public nuisance. Defendants include The Sherwin-Williams Company, ConAgra Grocery Products, DuPont and Atlantic Richfield Company.

During Monday’s morning session, defense attorney Don Scott called to the stand pediatrician and historian Dr. Peter English who testified that what is known about child lead exposure, pathways into the body, toxicity levels and how public health officials have communicated their knowledge has changed radically over the past century.

Before court adjourned for a lunch break, the plaintiff’s attorney began his cross examination of English.

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Pa., N.J. Insurers Gearing Up For Obamacare Business

Today's post was shared by Kaiser Health News and comes from capsules.kaiserhealthnews.org

This story was produced in partnership with

With new federal rules and mandates, you’d think that health insurers would be beating the loudest drum in the repeal-the-Affordable Care Act band.

But they’re not, and there are a couple of reasons why.

The first is pretty obvious. Millions of uninsured people will be flooding the online exchanges when they open nationwide on Oct. 1, presenting companies with a tremendous opportunity to build their roles and revenues.

But that may not be the only reason. Even insured workers may soon be allowed to pick plans over online marketplaces, upending the traditional model of employers knowing best.

In any event, “the direct-to-consumer health insurance market is growing,” says Joel Cantor, a professor of health policy at Rutgers University. “Under the Affordable Care Act, 15 to 16 million people will be in that market for health insurance in the next year or so. That is a significant increase.”

Until the ACA was passed in 2010, health insurance was pretty much a business-to-business transaction. Insurers sold plans to employers acting as proxies for their employees. Once the ACA became law, insurers started refocusing their marketing strategies on consumers.

Many insurers in Pennsylvania and New Jersey are preparing to launch marketing efforts to educate consumers. Most of New Jersey’s large insurers, including Aetna, Horizon Blue Cross and Blue Shield, and AmeriHealth, will be in the state’s...

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Senate fails to revive workers' comp bill for first responders

The NJ Senate has been unable change the burden of proof required for First Responders to prove compensability. While some jurisdictions have multiple "presumptions of compensability" statutorily enacted, NJ has consistently maintained a minimal number. Today's post was shared by WCBlog and comes from www.nj.com


State Senate Democrats have failed to override Gov. Chris Christie's recent veto of a bill that would have made it easier for emergency first responders to obtain workers' compensation coverage when they get injured or contract a disease on the job during a terrorist attack or another catastrophic event.

The bill would have required the employer to challenge any work-related injuries and illness, shifting the burden away from nurses, firefighters, police officers, rescue squad members and other first responders who have to prove how and when they were hurt or sickened under the current system.

Wages and medical benefits would be paid if "any death or disability, including post traumatic stress disorder, arises from the physical or psychological impact of stress or injury experienced by the public safety worker during response to a terrorist attack, epidemic or other catastrophic emergency," according to the bill sponsored by Sen. Linda Greenstein (D-Middlesex).
Christie said while the state is grateful for the heroic work of its first responders, New Jersey can't afford this legislation.

Tuesday, August 20, 2013

Move Over, Richard Kiley. Here’s Why We Want to Combine Public Health Data with Health Care Data

Is it time to publicly merge workplace injury data with with health care delivery and re-engineer the system for greater efficiency. Prevention versus economic fiduciary interests of corporate American maybe be challenge. The economic savings in the long run may provide as major cost savings for workers' compensation insurance companies. Today's post was shared by RWJF PublicHealth and comes from www.rwjf.org


Calit2
On reflection, we think this goal isn’t so quixotic. We’ve been thinking more and more about bridging the worlds of health care delivery and public health—how those two systems relate to each other and can reinforce each other in ways that improve health outcomes for populations and for individuals. And we see harnessing data as part of the path to that goal.

Currently, we’re seeing an explosion of data production from all sectors in health and health care and an increasing interest in harnessing that data for all sorts of purposes. The recent Health Datapalooza conference—which is hosted by another collaborator on this News Challenge, the Health Data Consortium—saw 2200 people gather to explore health and health care data and its uses.

Parents and Educators Can Keep Young Workers Safe

Child labor continues in US and the safety issues are now a focus of OSHA's increased concern. Today's post was shared by US Dept. of Labor and comes from www.osha.gov

As parents and educators, you play an important role. Here is vital information you need to know.
  • Employers must provide a safe and healthful workplace and comply with OSHA standards to prevent injuries and illnesses. Employers must train new workers on job hazards and safe work practices in a language they understand. Employers must also pay for most types of required safety gear.
  • Child labor laws restrict the types of jobs and the hours that youth under age 18 can work. They also prohibit workers under age 18 from using certain equipment. Learn about the federal and state child labor laws that apply to young workers.
  • States may develop and operate their own job safety and health programs with federal OSHA's approval and monitoring. There are currently 22 states and jurisdictions operating complete state plans (covering both the private sector and state and local government employees) and five plans that cover public employees only. To learn if your state has its own job safety and health program, see State Occupational Safety and Health Plans.

The Occupational Safety and Health Administration (OSHA) is the agency of the Department of Labor (DOL) that protects workers from dangers on the job that can cause injuries or illnesses. OSHA is here to help you. Call us on our toll-free number: 1-800-321-OSHA (6742) or TTY 1-877-889-5627 to get answers to your questions, or to ask OSHA to inspect your workplace if you think there is a serious hazard. You can also submit...
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Bangladesh’s Workers Deserve Better

Fashion Safety and compensability payments are an important issue and one that originally framed US Workers' Compensation programs. Today's post was shared by Steven Greenhouse and comes from www.nytimes.com


Opinion Twitter Logo.
Four months after a building collapse killed more than 1,100 factory workers in Bangladesh, their families are still waiting for adequate — and in some cases, any — compensation. This is a shocking lapse by Prime Minister Sheikh Hasina and her government.

After the disaster at Rana Plaza, a poorly constructed eight-story building outside Dhaka, the capital, Ms. Hasina promised to give the relatives of those who died about $1,250 in cash and $19,000 in savings certificates — amounts that far exceed the roughly $1,250 that factory owners are legally required to pay per victim, but far from sufficient, considering that many victims were young women and men who had a whole lifetime ahead of them. The money was supposed to come from the government and from private donations by, among others, the factory owners.

But the government has yet to distribute most of that money. It has provided sums ranging from $1,250 to $5,000 to about 777 families, far short of the total compensation it had promised, according to the Solidarity Center, a Washington-based group that helps workers around the world form unions. Also, many of the remaining families have not received any aid at all because the government has not moved fast enough to identify nearly 300 bodies.

Compensating victims’ families in a tragedy as big as the collapse of Rana Plaza would strain the resources of a poor country like Bangladesh. But Ms. Hasina’s administration can do a much better job....
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Contaminated Soil and Debris to Be Removed From Superfund Site in South Plainfield, New Jersey

The U.S. Environmental Protection Agency has proposed a plan to address contaminated soil and debris at the Woodbrook Road Dump Superfund site in South Plainfield, New Jersey. Previous dumping of old electrical capacitors at the site has contaminated some of the soil with polychlorinated biphenyls (PCBs). PCBs are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems. Under the plan proposed today, contaminated soil and debris will be dug up and removed.

“This was a poorly run dump in the vicinity of the Dismal Swamp – a natural wildlife refuge and an important wetland,” said EPA Regional Administrator Judith A. Enck. “Some material that caused contamination, including electrical capacitors, has already been removed and now we will get rid of the contaminated soil. I encourage the public to give the EPA their input on this proposed cleanup plan.”

The EPA will hold a public meeting on August 26, 2013 to explain the proposed plan and is encouraging public comments. The meeting will be held at 7:00 p.m. at the South Plainfield Municipal Building courtroom at 2480 Plainfield Avenue in South Plainfield, NJ. Comments will be accepted until September 16, 2013.

The Woodbrook Road Dump Superfund site is located on land that was used as a dump in the 1940s and 1950s for both industrial waste and household waste until it was shut down by the state of New Jersey in 1958. Among the materials disposed of at the site were old electrical capacitors, which contained PCBs and had contaminated the soil. Under EPA oversight, the current owner of the property, Texas Eastern Transmission Corporation (TETCO), removed a number of PCB-contaminated capacitors, secured the site and placed warning signs around the area. The EPA added the Woodbrook Road Dump site to the Superfund list in 2003.

Under the EPA’s cleanup plan, as much as 120, 000 cubic yards of contaminated soil and debris will be dug up and disposed of at a facility licensed to receive the waste. All PCB-contaminated soil and debris above 1 part per million from both the Eastern and Western dump areas will be disposed of off-site. Wetland areas that are disturbed during the work will be restored. Ground water at the site is not contaminated with site-related chemicals. The EPA will conduct a review every five years to ensure the effectiveness of the cleanup.

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.

Read more about PCBs and workers' compensation:
May 24, 2013
The site, which is in the New Jersey Meadowlands and is next to the Hackensack River, is contaminated with a number of hazardous chemicals including polychlorinated biphenyls (PCBs) and dioxin. The study of the nature ...
Jan 09, 2013
Historical conspiracies of silent were evident in the asbestos tobacco, lead and PCB industries resulting in epidemics of disease and death. "The development of Alberta's oil sands has increased levels of cancer-causing ...
May 24, 2013
Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs). Benzene, mercury, chromium and ...
Apr 16, 2011
Asbestos Contaminates 772 New York City Schools. The Board of Education of the City of New York has reported that asbestos wiring, a known carcinogen, is hampering the removal of PCB lights. The asbestos contaminating ...