Mesothelioma: Employer Held Liable for Wife's Asbestos Related Death

The Tennessee Valley Authority (TVA) was held liable for the death of an asbestos worker's wife death from mesothelioma. A Federal Court in Alabama held that the the employer held that the employer had a duty to protect the wife a nuclear plant employee from take home asbestos exposure.

Paterson NJ commercial launderer cited for exposing workers to carbon monoxide dange

Paterson commercial launderer cited for exposing workers to carbon monoxide danger, other safety and health hazards. OSHA fines Purrfect Enterprises Inc., $51K for nearly two dozen violations

Employer name: Purrfect Enterprises Inc., 262 Clinton St., Paterson, New Jersey

Citations issued: On May 23, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration issued citations for 22 serious violations and one other-than-serious violation.

Investigation findings: OSHA opened an inspection on Dec 28, 2015, after the Paterson Fire Department reported the release of carbon monoxide from the chimney at the facility, causing the hospitalization of four employees who lost consciousness. The agency cited the company for the following:
Overexposure of employees to carbon monoxide.
Failure to establish a safety program to protect workers from unexpected machine startups.
Machines without safety guards in place.
Electrical hazards.
Obstructed exits.
Lack of personal protective equipment.
Lack of an emergency action plan.
Deficient hazard communication program.

Proposed penalties: $51,100

"Carbon monoxide is a colorless, odorless and toxic gas which interferes with the oxygen-carrying capacity of blood. It can overcome a person without warning. While most people are aware of its dangers in a residential setting, it can be equally lethal in the workplace," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "The depth and range of hazards found at this facility reflect a breakdown in the company's safety and health system. It's important for this employer to correct the hazards and remove its workers from harm's way."

View the citations: http://www.osha.gov/ooc/citations/PurrfectEnterprisesIncdbaPurrfectLaundryInc_1118700_1114304.pdf

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Ungerer workers exposed to chemical hazards, other safety and health dangers

OSHA cites Ungerer & Company, global flavor, fragrance manufacturer, for exposing workers to chemical hazards, other safety and health dangers

Citations issued: On May 25, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration issued one repeat and six serious violations, and one other-than-serious violation.

Inspection findings: OSHA received a referral on Jan. 27, 2016, from the Pennsylvania Emergency Management Agency alleging Ungerer & Company employees suffered respiratory distress from an unknown chemical odor, prompting an investigation.

The agency found repeat violations when the employer failed to use approved electrical equipment to clean up combustible dust, and did not train employees expected to participate in emergency response operations. Similar violations were previously cited in 2013.

The serious violations included:

1. A mobile ladder stand not equipped with safety stops to prevent horizontal movement.
2. A dust collection unit handling combustible dust not provided with proper explosion protection or suppression systems.
3. No developed emergency response plan.
4. Employees overexposed to hydrogen sulfide.
5. Feasible administrative and engineering controls not implemented.
6. Safety data sheets not maintained and without required safety and health information.

The company also did not conduct periodic re-evaluations of its hazardous energy control program, resulting in the other-than-serious citation.

Quote: “Ungerer & Company should immediately implement safeguards to protect its workers from the dangerous risks associated with exposure to combustible dust and chemical hazards,” said Jean Kulp, director of OSHA’s Allentown Area Office. “Employers will be held legally accountable for failing to provide a safe and healthful workplace.”

Proposed penalties: $63,450

The citations can be viewed at:
http://www.osha.gov/ooc/citations/UngererCompany_1116984.pdf
http://www.osha.gov/ooc/citations/UngererCompany_1133193.pdf

The employer has 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the independentOccupational Safety and Health Review Commission.

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Radiation Exposure: Major New Study Links Cell Phone Exposure to Cancer in Rats

A new study conducted by the US National Toxicology Program has linked radiation from cell phone exposure to cancer in rats. This report reignites the controversy that was sparked by earlier scientific research of the positive causal relationship. Those studies were downplayed by the Industry. Workplace exposures may ultimately result in in a surge of disease and an epidemic of workers' compensation claims in the near future.

Memorial Day - 2016

President and Mrs. Hoover lead nation in observing Memorial Day. The National Capital, led by President and Mrs. Hoover, on Memorial Day 1929, paid tribute to America's dead heroes of 4 wars at Arlington National Cemetary. President Hoover is shown placing a wreath on the tomb of America's Unknown Soldier. Following the Chief Executive Mrs.Hoover placed a bunch of white carnations on the tomb. 

Source Library of Congress

"The price of freedom is eternal vigilance.” 

– President Thomas Jefferson

Ohio gun shop's lead, respiratory hazards endanger workers - FIned $195K

Federal safety and health investigators found that employees of an Ohio gun shop may face life-long health damage because their employer continues to expose them tolead hazards and has failed to establish a respiratory protection program.

Lack of Enforceability of Fee Sharing Arrangments

A NJ Appellate Court ruled that an agreement to share fees between lawyers, not holding NJ Supreme Court Certification, was unenforceable without the informed consent of the client and written acknowledgement of the client and all participating attorneys.

“Viewing the facts in a light most favorable to plaintiffs, we accept LaPorta's representation that he informed the client that he would receive a referral fee for referring the client's case. Even so, plaintiffs concede that they failed to inform the client of Weiner & Mazzei's participation in the alleged fee-splitting arrangement, and failed to solicit the client's consent to Weiner & Mazzei's participation. Thus, there is no genuine dispute that plaintiffs failed to satisfy the requirements of R.P.C. 1.5(e)(2) by failing to fully notify the client regarding the parameters of the fee arrangement in this case. Likewise, there is no genuine dispute whether the client consented to the participation of 'all the lawyers involved[,]' as required by R.P.C. 1.5(e)(3).”

The Court cited R.P.C. 1.5(e) which sets forth the following requirements for the sharing of fees:

Except as otherwise provided by the Court Rules, a division of fee between lawyers who are not in the same firm may be made only if:

1. the division is in proportion to the services performed by each lawyer, or, by written agreement with the client, each lawyer assumes joint responsibility for the representation; and
2. the client is notified of the fee division; and
3. the client consents to the participation of all the lawyers involved; and
4. the total fee is reasonable.

WEINER & MAZZEI, P.C., and PHILLIP A. LAPORTA, ESQ., v. THE SATTIRAJU LAW FIRM, PC,, DOCKET NO. A–1079–14T3, (NJ App Div 2016) 2016 WL 2993123, Decided January 12, 2016.