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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Tuesday, June 14, 2016

Mesothelioma surgery improves quality of life, study finds

Loyola University Health System reports:

Many mesothelioma patients avoid surgery for fear it will degrade their quality of life. But a study has found just the opposite: Patients who underwent an operation called pleurectomy and decortication (PD) generally reported their quality of life improved after surgery.

Click here to read the complete article.

Saturday, June 11, 2016

PPG Fully Funds Its Share of Pittsburgh Corning $3.5 Billion Asbestos Trust

The 16 year wait is over. Finally emerging from bankruptcy, Pittsburg Corning today announced that the company has fully funded its portion of the Pittsburgh Corning Asbestos Trust that was established by the U.S. Bankruptcy Court for the Western District of Pennsylvania in May 2016.

Thursday, June 9, 2016

NJ Supreme Court Allows COLA Pension Freeze

LaVECCHIA, J., writing for a majority of the Court. In this appeal, the Court considers whether the 2011 suspension of State pension cost-of-living adjustments (COLAs), L. 2011, c. 78, contravened a term of the contract right granted under the earlier enacted “non-forfeitable right” statute, L. 1997, c. 113 (presently codified as N.J.S.A. 43:3C-9.5).

FL Supreme Court Rules Yet Another Part of the Work Comp Law Unconstitutional

The Florid Supreme Court today ruled yet another part of the Florida Workers' Compensation Act unconstitutional. The cut off of benefits provision was declared unconstitutional. The future of workers' compensation law in FL is now uncertain.

Saturday, June 4, 2016

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.

Thursday, June 2, 2016

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

….
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.

Tuesday, May 31, 2016

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.