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

Saturday, October 12, 2013

The startling rise of disability in America

The increase in disability claims in the US is reported in today's post shared from npr.org

In the past three decades, the number of Americans who are on disability has skyrocketed. The rise has come even as medical advances have allowed many more people to remain on the job, and new laws have banned workplace discrimination against the disabled. Every month, 14 million people now get a disability check from the government.

The federal government spends more money each year on cash payments for disabled former workers than it spends on food stamps and welfare combined. Yet people relying on disability payments are often overlooked in discussions of the social safety net. The vast majority of people on federal disability do not work.

Yet because they are not technically part of the labor force, they are not counted among the unemployed.

In other words, people on disability don't show up in any of the places we usually look to see how the economy is doing. But the story of these programs -- who goes on them, and why, and what happens after that -- is, to a large extent, the story of the U.S. economy. It's the story not only of an aging workforce, but also of a hidden, increasingly expensive safety net.

For the past six months, I've been reporting on the growth of federal disability programs. I've been trying to understand what disability means for American workers, and, more broadly, what it means for poor people in America nearly 20 years...
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Friday, October 11, 2013

Think asbestos is banned in the US?

Today's post was shared by Linda Reinstein and comes from blog.saferchemicals.org


Asbestos warning
Asbestos warning

If there’s one reason we know our federal law governing chemicals doesn’t work, it’s asbestos. Despite popular belief, asbestos, one of the most harmful substances known, still isn’t banned in the United States.

This week marks the 37th birthday of our primary federal law governing toxic chemicals, the Toxic Substances Control Act (TSCA). While most birthdays are a joyous occasion, we’re taking this opportunity to educate the public on just how flawed our federal chemical law is.

Take for example asbestos. It’s one of the few substances that has a disease directly named after it (mesothelioma) and is widely regarded as a silent killer for many families.
Top five asbestos facts:
  1. Asbestos is a known human carcinogen and there is no safe level of asbestos exposure. Learn more here.
  2. Asbestos is legal in the U.S., and is still imported.
  3. Thirty Americans die everyday from asbestos-related diseases.
  4. Only 55 countries have banned asbestos. The United States and Canada are the only two industrial western nations not to have banned asbestos.
  5. More than 10,000 people die in the U.S. each year from asbestos-related diseases
(Adapted with permission from our partners at the Asbestos Disease Awareness Organization) When TSCA was passed into law 37 years ago, it’s intent was to regulate toxic substances, but the bill was so...
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Safety Agency Cites Owners in Texas Plant in Explosion

Todays's post shared from the NYTimes.com

The federal Occupational Safety and Health Administration has cited the owners of a fertilizer plant in West, Tex., that blew up in April, killing 15 people, with 24 “serious violations,” Senator Barbara Boxer, of California, said on Thursday. But the agency has not announced the action because its public affairs staff has been furloughed by the government shutdown, Ms. Boxer said.

Democrat
The violations included unsafe handling and storage of explosive and flammable chemicals, missing labels on storage tanks, failing to pressure-test hoses, bad or missing valves, and failing to have an emergency response plan. The agency also said that some workers were not trained for their jobs.

OSHA, which also proposed a fine of $118,300, decided to issue the citations now, during the government shutdown, to avoid a statute of limitations problem, Ms. Boxer said. She said that while the fine was disproportionately small, considering the deaths, injuries and widespread damage, other federal agencies were also investigating the explosion. Some of those investigations have been delayed by the shutdown, however.

Ms. Boxer is chairwoman of the Senate’s Environment and Public Works Committee, which does not oversee OSHA but does oversee another agency with jurisdiction at the Texas plant, the Environmental Protection Agency.

Ms. Boxer said that despite the shutdown, news of the enforcement action should be disseminated to...
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AIG Facing Lawsuit for Fraud

Today's post is shared from Courthousenews.com.
American International Group for nearly 40 years has been underreporting workers' compensation premiums, causing insured employers to pay improperly inflated state insurance surcharges, three federal classes claim.
     The coordinated suits were filed this week in San FranciscoManhattan and Newarkagainst AIG and its subsidiaries and affiliates. AIG is accused of unfair business practices, fraud, unjust enrichment and violations of federal anti-racketeering law.
     The California complaint, filed by Franjo Inc. and DMS Facility Services Inc., says it all began in the 1970s when AIG "devised, implemented, participated in, and carried out nationwide schemes - later characterized by AIG's own general counsel as 'permeated with illegality' - to miscategorize, falsely report, and falsely book the AIG companies' [workers' compensation] premium as other premium (for example, as 'general liability' premium), in order to reduce defendants' expenses, inflate their profits, and unjustly enrich themselves at the expense of plaintiffs and the class." (Parentheses in original.)
     AIG allegedly falsified certified annual financial reports that underreported workers' compensation (WC) figures to evade its equitable shares of financial responsibility for state-levied taxes and assessments. It caused state insurance regulators, through no fault of their own, to assess artificially inflated fees on insured employers, according to the complaint.
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Raising the mandatory judicial retirement age to 80

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

The New York City Bar Association says it supports a proposal on the state’s Nov. 5 ballot to amend the New York Constitution to raise the mandatory retirement age to 80 for state Court of Appeals judges and Supreme Court justices.
The state constitution currently requires all state judges to retire at age 70.
However, judges of the state’s highest court, the Court of Appeals, and justices of the state’s main trial court, the Supreme Court, may serve for up to six years after retirement so long as court administrators certify every two years that the judge’s services are necessary to expedite the business of the court, and he or she is mentally and physically able and competent to perform the full duties of the office.
“The City Bar supports Proposal 6, consistent with our longstanding position that the mandatory judicial retirement age, which was enacted in 1869, is outdated,” the bar association said in a statement Monday.
“Many individuals who reach the age of 70 have a substantial number of productive years ahead of them. Many states and the federal judiciary permit judges to serve past the age of 70, and New York should as well.”
The association argues that raising the retirement age would ease a strained court system — in particular, permit the transfer of Supreme Court justices to the state’s overburdened family courts.
In Pennsylvania, three groups of judges sued over...
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Thursday, October 10, 2013

NJ Work Environment Council Says State at Risk from Chemical Disasters

Today's post shared from http://www.njtvonline.org

New Jersey Work Environmental Council representatives say millions in the state are still at risk from major toxic chemical disasters.

At a Statehouse press conference today, the New Jersey Work Environment Council released a new 43-page report, entitled “Failure to Act,” which says thousands of New Jersey jobs and millions of residents are still at risk from toxic chemical disasters.

These findings come five years after the New Jersey Department of Environmental Protection adopted rules to implement the NJ Toxic Catastrophe Prevention Act that were supposed to reduce that risk.
Photo by Dari Kotzker.
The author of the report found that 99 facilities still use large quantities of highly hazardous chemicals that can pose a potential catastrophic safety and health risk for millions of people. Many facilities failed to consider solutions for using safer chemicals and processes which already exist and are successful, and a lack of enforcement from the Christie administration.

Some recommendations include stopping facility management from declaring safer technology reviews as secret, require facility management to better document their claims that adopting safer chemicals and technologies are not feasible, and to withdraw the DEP “waiver rule” that allows the agency to not enforce the IST provisions of the Toxic Catastrophe Prevention Act.

Other speakers spoke of the potentially dangerous risks workers, first responders, nurses and...
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California Workers' Compensation Reform: Is The System in a Ditch Now?

California is the sentinel jurisdiction for innovative decisional law, theory and statutory changes in workers' compensation. As goes California, so goes the nation. The changes to limit access are coming so quickly that perennial reform has become almost weekly now. The complexity is almost scary. Recent proposed modifications in the Independent Medical Review (IMR) process reflect what happens when statutory changes are not first vented with those who are major stakeholders, ie. injured workers and their representative. Commentary and analysis, continue to be kicked down the road as the system stalls and fails. Today's blog post is shared from http://blogs.sacbee.com.
Last year, the California Legislature -- with the blessing of Gov. Jerry Brown -- enacted its traditional, once-a-decade overhaul of the state's multibillion-dollar-a-year system of compensating workers for job-related injuries and illnesses.


Employers, insurers, medical care providers and other players in the workers' compensation system are still sorting through what the Legislature and Brown wrought. Generally, the overhaul,
Senate Bill 863, raised some cash benefits but also tightened up eligibility for, or even eliminated, other benefits. This earned rare joint support from employer groups and labor unions, which had worked on the changes privately.

JD_COMP_STRETCHER.JPGA new 16-state study of workers' compensation systems, covering 60 percent of the nation's workers, says it's too early to tell what the real-world effects of SB 863 will be, specifically whether its cost-saving provisions will offset the costs of increased cash payments, as its sponsors promised.

Because the effects of the 2012 overhaul are still unknown, the study from the Workers Compensation Research Institute in Cambridge, Mass., concentrated its section on California on how it compared to other states during the years following the previous overhaul in 2004.

It found that disabled California workers were receiving permanent partial disability payments more often than those in other major states and that those payments tended to be longer in duration -- thus confirming one of employers' complaints,...
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