Asbestos Advocates and Experts Speak Out Against EPA's Flawed Draft Asbestos Risk

Today the Asbestos Awareness Disease Organization (ADAO)—an independent nonprofit dedicated to preventing asbestos exposure through education, advocacy, and community initiatives—spoke out about the exclusions in EPA’s Draft Asbestos Risk Evaluation that will keep Americans at severe risk of deadly exposure to asbestos.

NJ Extends Workers' Compensation Court Pandemic Restrictions

In a Notice to Bar dated June 4, 2020, the NJ Division of Workers' Compensation announced additional statewide steps by the New Jersey Division of Workers’ Compensation to address the ongoing COVID-19 health crisis in New Jersey.

Asbestos: Strict Liability Imposed Against Product Manufacturers for Ordinary Product Life

The NJ Supreme Court decided an asbestos product liability case that mandates strict liability against manufacturers or distributors of products that contain asbestos-fiber. The court in granting strict liability for failure to adequately warn ultimate users during the ordinary life of the product of the dangers. The Court aligned NJ common law with the US Supreme Court, the NY Court of appeals and the Maryland Court of Appeals.

Fourteen Attorney Generals Criticizes EPA for Failing to Protect Americans from Asbestos, a Long-Known Dangerous Carcinogen

California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey, leading a coalition of 14 attorneys general, including New Jersey Attorney General Gurbir S. Grewal, submitted comments criticizing the Environmental Protection Agency’s (EPA) finding that certain uses of asbestos present no unreasonable risk to human health. In the comment letter, the coalition argues that the EPA’s draft risk evaluation for asbestos violates the Toxic Substances Control Act (TSCA) and Congress' intent that the EPA consider all uses of asbestos in its evaluation. The coalition notes the finding is unsupported by the EPA's own assessment and urges the agency to obtain the information it has admitted it needs to conduct the necessary, thorough evaluations of the risks presented by this chemical.

US Congress Holds Virtual Briefing on Building a Contact Tracing Workforce

The Committee on Education and Labor held a virtual briefing to examine Congress’ role to support a qualified, strong, community-based contract tracing workforce. The briefing, entitled “Building A Community-Based Contact Tracing Workforce,” focused on the need for a robust contact tracing workforce and how the public workforce system can support the recruitment and training of contact tracers.

OSHA's vague COVID-19 reporting guidance

OSHA issued a COVID-19 reporting guidance that lacks a foundation in essential epidemiology as well as legal evidentiary principles for admissibility. It is doubtful that court of law would permit the guidance to be used for the determination of causal relationship.

NJ Proposal as to Prohibited COVID-19 Related Employment Discrimination

The Department of Labor and Workforce Development (Department) is extending the comment period for the Proposed New Rules at N.J.A.C. 12:70, Prohibited COVID-19 Related Employment Discrimination.