The US EPA is about to approve 15 uses for asbestos, a known carcinogen. This action is consistent with the Trump Administration's effort ease regulations. This action is contrary to the efforts of the Obama Administration to entirely ban the use of asbestos in the US.
Showing posts sorted by date for query ban. Sort by relevance Show all posts
Showing posts sorted by date for query ban. Sort by relevance Show all posts
Friday, August 17, 2018
Monday, February 26, 2018
Preventing Occupational Disease: NJ Governor Murphy Supports a Fracking Ban
The State of New Jersey now supports a ban on fracking. NJ Governor Pat Murphy recognized the health and environmental consequences of using this process to explore and mine for natural gas.
Friday, November 10, 2017
US Senators Introduce Bill to Ban Asbestos and Protect Public Health
Oregon’s Senator Jeff Merkley, along with Senators Cory Booker (D-NJ), Dianne Feinstein (D-CA), Dick Durbin (D-IL), Bernie Sanders (I-VT), Jon Tester (D-MT), Sheldon Whitehouse (D-RI), and Edward J. Markey (D-MA) today introduced the Alan Reinstein Ban Asbestos Now Act of 2017, legislation to eliminate human or environmental exposure to asbestos, a known carcinogen.
Wednesday, April 12, 2017
An Increase Predicted of Reported Mesothelioma Cases
Asbestos is a naturally occurring fibrous mineral which was widely used in the manufacture of a variety of products beginning in the late nineteenth century. Although the majority of exposure to asbestos occurred between 1940 and 1980, in occupations such as construction, shipyards, railroads, insulation, sheet metal, automobile repair, and other related fields, exposure continues to this day.
Thursday, March 2, 2017
Trump Administration May Bring a Surge in Occupational Disease Claims
Mesothelioma death rates remain high in the US even on the eve of an anticipated national ban of the asbestos fiber. Things may radically change for the worse as the Trump Administration goes forward with its announced intention to dismantle environmental regulation now in place and placed on-track for enactment during the former Obama Administration. With anticipated less EPA and OSHA regulation under the Trump administration, there is the potential for a serious surge of future occupational disease claims in the United States.
Friday, February 3, 2017
President Trump's Immigration Ban
President Trump's Executive Order, Protecting the Nation from Foreign Terrorist Entry into the United States is impacting some workers who seek workers' compensation benefits.
AMA Urges Trump Administration to Clarify Immigration Executive Order
A major element of workers' compensation benefits is medical treatment and that will be impacted the Donald Trump's recent ban on immigration. An adequate number of physicians must be available to provide medical care to cure and relieve a work related medical condition. The American Medical Association (AMA) sent the following letter today to the U.S. Department of Homeland Security regarding the Administration’s executive order issued last week,“Protecting the Nation from Foreign Terrorist Entry into the United States:”
Friday, December 2, 2016
Insurance Rating Company Increases Estimate for Net Ultimate U.S. Asbestos Losses to $100 Billion
A.M. Best has increased its estimate for losses that U.S. property/casualty insurers can ultimately expect from third-party liability asbestos claims by approximately 18% to $100 billion. The $15 billion increase to the net ultimate asbestos loss estimate comes as insurers are incurring approximately $2.1 billion in new losses each year while paying out nearly $2.5 billion on existing claims. The updated figures are contained in a new Best’s Special Report, titled “A.M. Best Increases Estimate for Net Ultimate Asbestos Losses to $100 Billion.” The report also states that A.M. Best is not making any change to its $42 billion estimate on net ultimate environmental losses; therefore, A.M. Best’s view of ultimate industry losses for asbestos and environmental (A&E) is now $142 billion.
Saturday, September 17, 2016
Senator Boxer Calls for Expedited TSCA Asbestos Evaluation
Senator Barbara Boxer (D-CA), Ranking Member of the Environment and Public Works Committee, sent a letter today to Gina McCarthy, the Administrator of the Environmental Protection Agency (EPA), urging the Agency to move quickly to act on all forms of asbestos under the new Toxic Substances Control Act (TSCA). EPA is required to select 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. The full text of the letter is below.
August 26, 2016
Dear Administrator McCarthy:
I am sure you share my strong interest in maximizing the success of the new Toxic Substances Control Act (TSCA) and are working to identify positive early actions that demonstrate the Agency’s commitment to bold and effective implementation.
The first important decision EPA must make under the law is to select the initial 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. This decision must be made by mid-December of this year. The chemicals selected will drive EPA’s agenda for the next several years. To build confidence in the agency’s ability to deliver meaningful results for our children and families, EPA must consider all forms of asbestos in this initial list of chemicals it acts on.
In 1989, EPA issued a comprehensive rule under TSCA banning and phasing out the major uses of asbestos. Despite the extensive record compiled by the agency, the Fifth Circuit Court of Appeals overturned the rule. The court’s decision paralyzed EPA’s existing chemicals program for the next two decades. Asbestos became a poster child for the inadequacy of the law and a major impetus for TSCA reform. As President Obama said when he signed the TSCA reform bill into law, “the system was so complex, it was so burdensome that our country hasn’t even been able to uphold a ban on asbestos….”
During the development of TSCA reform legislation, numerous members of Congress cited asbestos as an example of why the law must be revamped and emphasized that the new TSCA legislation would remove the roadblocks that stymied EPA’s first attempt to regulate asbestos. Congress was also clear in the recently-passed legislation that regulating asbestos should be one of EPA’s top priorities -- the bill directs EPA to give priority to chemicals like asbestos that are known human carcinogens and have high acute and chronic toxicity.
Now that the impediments in the original TSCA law are gone, completing the job started by EPA in 1989 would send a strong signal that the new law can be effective in addressing the most dangerous chemicals in commerce.
The evidence regarding the dangers of asbestos is overwhelming. As EPA found in its 1989 rulemaking, “[it] is well-recognized that asbestos is a human carcinogen and is one of the most hazardous substances to which humans are exposed in both occupational and non-occupational settings.” OSHA has similarly said it is “aware of no instance in which exposure to a toxic substance has more clearly demonstrated detrimental health effects on humans than has asbestos exposure.” OSHA has also emphasized that “[t]here is no "safe" level of asbestos exposure for any type of asbestos fiber [and] [a]sbestos exposures as short in duration as a few days have caused mesothelioma in humans.”
Asbestos continues to exact a high toll in disease and death on Americans. According to the Asbestos Disease Awareness Organization (ADAO), the estimated annual number of asbestos-related disease deaths is nearly 15,000 in the U.S., including nearly 11,000 deaths from lung cancer.
Though asbestos production has ceased in the U.S. and its use has generally declined, significant imports for a range of applications persist and exposures continue to occur with alarming regularity. According to a detailed study by the Environmental Working Group, from 2006 to 2014, 23 ports on the Gulf of Mexico, West Coast and Eastern Seaboard received more than 8.2 million pounds of raw asbestos, as well as hundreds of shipments of hazardous asbestos waste and products made with asbestos.
Similarly, in its annual report on U.S. mineral importation and use, the United States Geological Service states that in 2015:
“Asbestos consumption in the United States was estimated to be 400 tons, based on asbestos imports through July 2014. The chloralkali industry accounted for an estimated 88% of U.S. consumption. The remainder was used in coatings and compounds, plastics, roofing products, and unknown applications.”
The World Health Organization (2006) has called for an end to the use of all types of asbestos as the most effective way to eliminate asbestos-related diseases. From the European Union to the Persian Gulf, from industrial states like Japan to Africa’s developing economies, 56 nations have followed this recommendation and banned asbestos (with limited exceptions), according to the International Ban Asbestos Secretariat.
The combination of well-documented, widespread and serious health effects and ongoing use and exposure provides a strong basis for EPA to act quickly on asbestos. With the new tools provided by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. now has the ability to be a global leader and join the many other nations that have acted to address the harms posed by asbestos. EPA should seize this opportunity by including asbestos in the first 10 chemicals that it acts on under the new law.
I look forward to learning more about your plans for asbestos.
Sincerely,
Barbara Boxer
Ranking Member
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August 26, 2016
Dear Administrator McCarthy:
I am sure you share my strong interest in maximizing the success of the new Toxic Substances Control Act (TSCA) and are working to identify positive early actions that demonstrate the Agency’s commitment to bold and effective implementation.
The first important decision EPA must make under the law is to select the initial 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. This decision must be made by mid-December of this year. The chemicals selected will drive EPA’s agenda for the next several years. To build confidence in the agency’s ability to deliver meaningful results for our children and families, EPA must consider all forms of asbestos in this initial list of chemicals it acts on.
In 1989, EPA issued a comprehensive rule under TSCA banning and phasing out the major uses of asbestos. Despite the extensive record compiled by the agency, the Fifth Circuit Court of Appeals overturned the rule. The court’s decision paralyzed EPA’s existing chemicals program for the next two decades. Asbestos became a poster child for the inadequacy of the law and a major impetus for TSCA reform. As President Obama said when he signed the TSCA reform bill into law, “the system was so complex, it was so burdensome that our country hasn’t even been able to uphold a ban on asbestos….”
During the development of TSCA reform legislation, numerous members of Congress cited asbestos as an example of why the law must be revamped and emphasized that the new TSCA legislation would remove the roadblocks that stymied EPA’s first attempt to regulate asbestos. Congress was also clear in the recently-passed legislation that regulating asbestos should be one of EPA’s top priorities -- the bill directs EPA to give priority to chemicals like asbestos that are known human carcinogens and have high acute and chronic toxicity.
Now that the impediments in the original TSCA law are gone, completing the job started by EPA in 1989 would send a strong signal that the new law can be effective in addressing the most dangerous chemicals in commerce.
The evidence regarding the dangers of asbestos is overwhelming. As EPA found in its 1989 rulemaking, “[it] is well-recognized that asbestos is a human carcinogen and is one of the most hazardous substances to which humans are exposed in both occupational and non-occupational settings.” OSHA has similarly said it is “aware of no instance in which exposure to a toxic substance has more clearly demonstrated detrimental health effects on humans than has asbestos exposure.” OSHA has also emphasized that “[t]here is no "safe" level of asbestos exposure for any type of asbestos fiber [and] [a]sbestos exposures as short in duration as a few days have caused mesothelioma in humans.”
Asbestos continues to exact a high toll in disease and death on Americans. According to the Asbestos Disease Awareness Organization (ADAO), the estimated annual number of asbestos-related disease deaths is nearly 15,000 in the U.S., including nearly 11,000 deaths from lung cancer.
Though asbestos production has ceased in the U.S. and its use has generally declined, significant imports for a range of applications persist and exposures continue to occur with alarming regularity. According to a detailed study by the Environmental Working Group, from 2006 to 2014, 23 ports on the Gulf of Mexico, West Coast and Eastern Seaboard received more than 8.2 million pounds of raw asbestos, as well as hundreds of shipments of hazardous asbestos waste and products made with asbestos.
Similarly, in its annual report on U.S. mineral importation and use, the United States Geological Service states that in 2015:
“Asbestos consumption in the United States was estimated to be 400 tons, based on asbestos imports through July 2014. The chloralkali industry accounted for an estimated 88% of U.S. consumption. The remainder was used in coatings and compounds, plastics, roofing products, and unknown applications.”
The World Health Organization (2006) has called for an end to the use of all types of asbestos as the most effective way to eliminate asbestos-related diseases. From the European Union to the Persian Gulf, from industrial states like Japan to Africa’s developing economies, 56 nations have followed this recommendation and banned asbestos (with limited exceptions), according to the International Ban Asbestos Secretariat.
The combination of well-documented, widespread and serious health effects and ongoing use and exposure provides a strong basis for EPA to act quickly on asbestos. With the new tools provided by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. now has the ability to be a global leader and join the many other nations that have acted to address the harms posed by asbestos. EPA should seize this opportunity by including asbestos in the first 10 chemicals that it acts on under the new law.
I look forward to learning more about your plans for asbestos.
Sincerely,
Barbara Boxer
Ranking Member
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-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.
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Sep 11, 2014 ... It may come as a surprise to those not familiar with the Toxic Substances Control Act (TSCA) – the primary law that regulates chemicals used in ...
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Jan 29, 2010 ... The Toxic Substances Control Act (TSCA) was enacted in 1974 and has not kept up with the time. Of the 80,000 chemical substances in use it ...
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Oct 14, 2013 ... TSCA was passed more than 30years ago and is grossly out of date. ADAO has been a stakeholder in discussions with Congressional ...
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Friday, July 29, 2016
NY Governor Cuomo Announces New Ventilation Standards For Nail Salons
Governor Andrew M. Cuomo announced that new ventilation requirements to protect workers and customers in nail salons statewide will go into effect this October. Nail salon ventilation systems must meet the standard set by the 2015 International Mechanical Code, which contains specific ventilation requirements for nail salons and any other businesses that provide nail services, such as hair salons.
Friday, March 4, 2016
US DOT Bans the Use of Electronic Cigarettes on Commercial Flights
 |
| The ProVape-1 by ProVape.com Electronic cigarette/vaporizer mod which holds a larger battery. Shown with a 901 atomizer attached. (Photo credit: Wikipedia) |
U.S. Transportation Secretary Anthony Foxx today announced a final rule that explicitly bans the use of electronic cigarettes on commercial flights. The final rule applies to all scheduled flights of U.S. and foreign carriers involving transportation in, to, and from the U.S.
“This final rule is important because it protects airline passengers from unwanted exposure to electronic cigarette aerosol that occurs when electronic cigarettes are used onboard airplanes,” said Secretary Foxx. “The Department took a practical approach to eliminate any confusion between tobacco cigarettes and e-cigarettes by applying the same restrictions to both.”
Saturday, May 30, 2015
Confronting Europe's Asbestos Disaster
Brussels, Belgium and London, UK: On 24 June, 2015, the European Economic and Social Committee and the Committee of the Regions are hosting a joint conference on asbestos under the title: Freeing Europe Safely From Asbestos. The European Federation of Building and Woodworkers (EFBWW) are supporting the event together with the Belgian Asbestos Victims’ Group (ABEVA), and the International Ban Asbestos Secretariat (IBAS).
The objective of this all day session is to reinforce demands by EU politicians, trade unionists, asbestos victims and campaigners for a coordinated response to the European asbestos epidemic which is claiming over 15,000 lives a year. Speakers will call for EU action on a safe removal strategy, a policy for the recognition and compensation of victims and recommendations for gold standard medical screening and treatment for Europeans at-risk of contracting asbestos-related diseases.
Topics such as EU legislation, asbestos management and/or removal, workers’ training, decontamination, screening and the human impact of Europe’s asbestos catastrophe will be covered by experts from more than a dozen countries. Commenting on this event, Ulrik Spannow Chairman of the EFBWW Occupational Health and Safety Coordination Group said: “In the past workers were exposed to asbestos, but in fact they still are. In this connection, EFBWW sees the European ban of asbestos as an important but only the first step towards an asbestos free Europe.
We therefore welcome the initiatives of the European Parliament and the European Economic and Social Committee focusing on practical action on asbestos in the various policy areas concerned. We like to contribute to the implementation of these initiatives into practical policy action and consider the asbestos conference on 24th June as an excellent occasion to discuss the various aspects with European and national authorities.” 1
On April 30, 2015, the World Health Organization confirmed the devastation asbestos continues to cause in Europe in a media release which confirmed that 300 million Europeans are living in countries where the use of asbestos remains legal. The WHO Regional Director for Europe estimated that 15,000 lives were lost in Europe every year because of exposure to asbestos.
Friday, May 1, 2015
WHO Reports Widespread Asbestos Exposure Continues In Europe
WHO (Photo credit: Wikipedia)
The WHO (UN World Health Organization) reports that 1 in every 3 Europeans are still exposed to asbestos.
"We cannot afford losing almost 15 000 lives a year in Europe, especially workers, from diseases caused by exposure to asbestos. Every death from asbestos-related diseases is avoidable," says Dr Zsuzsanna Jakab, WHO Regional Director for Europe. "We urge all countries to leave the Haifa meeting to fulfil their 2010 commitment and develop policies by the end of this year that will eliminate asbestos-related diseases from the face of Europe. There is very little time left for that."
Elimination of asbestos-related diseases was one of the major issues discussed at the Haifa meeting. Over 200 representatives of European countries and international and nongovernmental organizations attended the meeting to evaluate overall progress on environment and health in Europe.
An "eye-opener" report: progress toward the elimination of asbestos-related diseases
The report Progress toward the elimination of asbestos-related diseases, presented at the meeting, indicates that asbestos, a group of natural fibrous minerals, is responsible for about half of all deaths from cancers developed at work. According to new estimates, deaths from mesothelioma in 15 European countries cost society more than 1.5 billion euros annually (see table in Annex).
While 37 of the 53 Member States in the Region have banned the use of all forms of asbestos, the remaining 16 countries still use asbestos, especially for building materials, and some continue to produce and export it. Even after its use has ceased, asbestos lingers in the environment, so it needs to be safely removed and disposed without delay.
"Asbestos is known as a silent killer as health disorders from exposure to it usually appear after several decades. This means that many more people are expected to fall sick and die in the coming years throughout Europe", says Dr Guénaël Rodier, Director, Division of Communicable Diseases, Health Security and Environment. "This new report assesses how far European countries have got in eliminating asbestos-related diseases and provides recommendations for the future."
In one week, the Chemical Review Committee of the Rotterdam Convention will consider listing chrysotile or white asbestos, the most common form of asbestos, among the substances for which importing countries have to give their consent to the exporting party for the trade to occur.
"Elimination of asbestos-related diseases is a priority for Israel. Already in 2011 we have passed a law prohibiting the use of new asbestos, requesting removal of existing friable asbestos and guiding disposal of asbestos cement,", says Mr David Leffler, Director-General, Ministry of Environmental Protection for Israel. "An asbestos waste removal project is conducted in Western Galilee where by December 2014, 80 thousand cubic meters of waste were cleaned in 221 sites. Databases on asbestos-related diseases are considered key to monitor asbestos' health effects and are regularly maintained."
Paving the way ahead for better environment and health in Europe
All European countries present at the meeting renewed their pledges to work towards meeting the time-bound targets they adopted in 2010. This includes concrete steps to:
strengthen or establish partnerships with different stakeholders and processes, and utilize already existing policy instruments and tools;
- enhance the understanding and use of economic arguments to support action on environment and health; and
- harmonize with the forthcoming post-2015 sustainable development agenda.
They also agreed to address the environment and health challenges of the 21st century posed by:
complex risk factors: air, water, waste or chemicals;
complex systems of direct relevance to environment and health: food, energy or cities; and
matters of international environment and health security: disasters and climate change.
The conclusions of the high-level meeting in Haifa are an important milestone in the run up to the Sixth Ministerial Conference on Environment and Health planned for 2017.
The 16 countries that have not yet banned all forms of asbestos are: Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Georgia, Kazakhstan, Kyrgyzstan, Monaco, the Republic of Moldova, the Russian Federation, Tajikistan, Turkmenistan, Ukraine and Uzbekistan.
The five time-bound targets adopted by countries in the European Region in 2010 are to: provide safe water and sanitation to all children by 2020; create healthy and safe environments for children in their daily life by 2020; make children's indoor environments free from tobacco smoke by 2015; safeguard children's environments from toxic chemicals by 2015; develop policies to eliminate asbestos-related diseases by 2015.
The seventh meeting of the Conference of the Parties to the Rotterdam Convention (RC COP-7) will be held from 4 to 15 May 2015, back-to-back with the twelfth meeting of the Conference of the Parties to the Basel Convention (BC COP-12) and the seventh meeting of the Conference of the Parties to the Stockholm Convention (SC COP-7).
Saturday, December 27, 2014
Christie, Cuomo veto N.J.-N.Y. Port Authority overhaul
| Today's post os shared from northjersey.com The governors of New Jersey and New York late Saturday vetoed legislation passed unanimously by each state's legislature to overhaul the operations of the Port Authority, and instead endorsed their own plan to revamp the troubled bistate agency. New York Gov. Andrew Cuomo, a Democrat, had until Saturday to take action on the legislation, which needed the signature of each state's governor. About 6 p.m., Cuomo and Gov. Christie, a Republican, jointly released and endorsed a 103-page report compiled by a special panel the governors convened in May in the aftermath of the George Washington Bridge scandal, which laid bare cross-Hudson rivalries among leaders of the Port Authority of New York and New Jersey. Christie and Cuomo proposed changes to the authority's governance structure and recommended modernizing its commerce facilities, among other ideas. Their actions were immediately criticized by New Jersey lawmakers who said the vetoes wrongly delayed an overhaul of an agency that has come under penetrating scrutiny since January, when documents surfaced linking two former Christie allies to the lane closures at the center of the bridge scandal. The U.S. Attorney's Office in Newark is investigating the September 2013 lane closures, which snarled traffic... |
Fracking: NY State Report Reveals Significant Health Uncertainties
regarding the relative contributions of positive and negative impacts of HVHF* on public
health is unlikely to ever be attained. In this instance, however, the overall weight of the
evidence from the cumulative body of information contained in this Public Health
Review demonstrates that there are significant uncertainties about the kinds of adverse
health outcomes that may be associated with HVHF, the likelihood of the occurrence of
adverse health outcomes, and the effectiveness of some of the mitigation measures in
reducing or preventing environmental impacts which could adversely affect public
health. Until the science provides sufficient information to determine the level of risk to
public health from HVHF to all New Yorkers and whether the risks can be adequately
managed, DOH recommends that HVHF should not proceed in New York State."
*high volume hydraulic fracturing
Click here to read the entire report.
Thursday, December 18, 2014
Citing Health Risks, Cuomo Bans Fracking in New York State
 Today's post is shared from nytimes.com/ Gov. Andrew M. Cuomo’s administration announced on Wednesday that it would ban hydraulic fracturing in New York State because of concerns over health risks, ending years of debate over a method of extracting natural gas. Fracking, as it is known, was heavily promoted as a source of economic revival for depressed communities along New York’s border with Pennsylvania, and Mr. Cuomo had once been poised to embrace it. Instead, the move to ban fracking left him acknowledging that, despite the intense focus he has given to solving deep economic troubles afflicting large areas upstate, the riddle remained largely unsolved. “I’ve never had anyone say to me, ‘I believe fracking is great,’ ” he said. “Not a single person in those communities. What I get is, ‘I have no alternative but fracking.’ ” In a double blow to areas that had anticipated a resurgence led by fracking, a state panel on Wednesday backed plans for three new Las Vegas-style casinos, but none along the Pennsylvania border in the Southern Tier region. The panel, whose advice Mr. Cuomo said would quite likely be heeded, backed casino proposals in the Catskills, near Albany and between Syracuse and Rochester.  For Mr. Cuomo, a Democrat, the decision on fracking — which was immediately hailed by environmental and liberal groups — seemed likely to help repair his ties to his party’s left wing. It came after a surprisingly contentious... |
Read more about fracking and workers' compensation
Workers' Compensation: People near 'fracking' wells report ...
Sep 13, 2014
People living near natural-gas wells were more than twice as likely to report upper-respiratory and skin problems than those farther away, says a major study Wednesday on the potential health effects of fracking. Nearly two of ...
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Workers' Compensation: Big Oil's New Pitch: Fracking ...
Jul 29, 2014
The Obama administration, meanwhile, is weighing plans to streamline DOE approval of liquefied natural gas export facilities (though some industry insiders doubt it will speed up the process). The issue has also played into ...
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Workers' Compensation: Fracking: Are elevated levels of ...
Sep 16, 2014
Fracking: Are elevated levels of hydrocarbon gases in drinking-water aquifers near gas wells natural or anthropogenic? Today's post is shared from pnas.org/ Hydrocarbon production from unconventional sources is growing ...
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Jury awards Texas family nearly $3 million in fracking case
Apr 26, 2014
In a landmark legal victory that centered on fracking, a middle-class north Texas ranching family won nearly $3 million from a big natural gas company whose drilling, they contend, caused years of sickness, killed pets and ...
Wednesday, December 17, 2014
NY unlikely to face lawsuits over fracking ban, experts say
Today's post is shared from reuters.com/
[Click here to see the rest of this post]
| When Governor Andrew Cuomo announced a ban on fracking in New York on Wednesday, he predicted "a ton of lawsuits" against the state. But that is unlikely as the end of a drilling boom has left the industry in no mood for a fight, industry experts and lawyers said. "I think most of the companies in the industry are disinterested in fighting," said Brad Gill, the executive director of the Independent Oil and Gas Association of New York, a trade group. Six years ago, before the start of a lengthy New York moratorium on hydraulic fracturing of natural gas, the governor might have been right. But since then, the fracking phenomenon has turned from mania to mundane. Chesapeake Energy, once one of the biggest leaseholders in New York, last year gave up a legal battle to retain thousands of acres in the state. Norse Energy went bankrupt in 2012 after more than 100,000 acres in the state it leased were deemed off-limits to drilling. The industry's less confrontational stance reflects the dramatic shift in the U.S. natural gas industry over the years since the state's de facto ban came into force in 2008. That year, natural gas prices spiked to a near record around $14 per million British thermal units (mmBtu), and drilling were racing around the country snapping up land rights to exploit new techniques that would unlock decades worth of reserves. Fracking involves blasting large volumes of water, sand and chemicals into shale rock to release... |
Tuesday, December 16, 2014
Asbestos: The Silent Epidemic Continues
For John Nolan, the first warning signs came mid-November of last year while he was leading a tour in the Peruvian Andes.
Mr. Nolan, 67, who lives in Fort Erie in southwestern Ontario, was guiding a group through the mountains near the storied Incan city of Cuzco.
He had criss-crossed the planet for years as a tour guide, and knew what higher altitudes typically felt like. But something terrifying happened while he was hauling his luggage up some steep stone steps to his cabin.
“I’ve never been out of breath in such a panicky, horrible way,” Mr. Nolan says in a raspy voice between laboured breaths. “Normally, when you run out of breath, you know you’re going to get it back. This was different. It was as if you were hitting a stone wall, with no hope of getting air. It was like suffocating.”
The diagnosis, back at home, was swift and cruel. It was mesothelioma — an incurable cancer caused almost exclusively by asbestos exposure. Mr. Nolan was initially given a few months to live.
Asbestos is the top on-the-job killer in Canada. But a Globe and Mail investigation has found that this stark fact has been obscured by the country’s longstanding economic interest in the onetime “miracle mineral.” Even though Canada’s own asbestos industry has dwindled from pre-eminence to insignificance — the country’s last two mines closed in 2011 — the federal government has dragged its feet as other nations have acknowledged asbestos’s deadly impact and moved to protect their populations from it.
The diagnosis, back at home, was swift and cruel. It was mesothelioma — an incurable cancer caused almost exclusively by asbestos exposure. Mr. Nolan was initially given a few months to live.
Asbestos is the top on-the-job killer in Canada. But a Globe and Mail investigation has found that this stark fact has been obscured by the country’s longstanding economic interest in the onetime “miracle mineral.” Even though Canada’s own asbestos industry has dwindled from pre-eminence to insignificance — the country’s last two mines closed in 2011 — the federal government has dragged its feet as other nations have acknowledged asbestos’s deadly impact and moved to protect their populations from it.
….
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 have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Related articles
Saturday, December 13, 2014
NLRB's Christmas gift to unions: Workers can use employer's email system for organizing communications
The National Labor Relations Board ruled Thursday that employees can use their employer's email systems for union organizing communications during nonwork hours.
The decision, in a case involving Purple Communications, applies to employees who already had been granted access to their employer's email systems. Also, the board said an employer could impose a total ban on nonwork use of email if they demonstrate such a ban is necessary for productivity or discipline.
The ruling overturns a 2007 decision by the NLRB, which Republicans controlled the NLRB. The current Democratic majority said that decision was "clearly incorrect" and focused "too much on employer's property rights and too little on the importance of email as a means of workplace communication."
The new ruling will have "a huge impact," said Charles Caulkins, a labor attorney who is a partner at Fisher & Phillips' Fort Lauderdale, Fla.., office. It gives unions another advantage in their organizing efforts, opens the door for employees to send emails criticizing their employers to clients and vendors, and generally clog up companies' email systems with messages that don't have anything to do with business, Caulkins said.
Many businesses may decide to adopt policies against nonwork use of company email, he said.
The ruling "could cause employers to really minimize the use of email communications in their business if this case doesn't get overturned" in...
[Click here to see the rest of this post]
Friday, December 12, 2014
Christie conditionally vetoes bill banning microbeads
Today's post is shared from northjersey.com/
[Click here to see the rest of this post]
| A ban on an environmentally harmful product found in beauty supplies, toothpaste and cleansers has been rejected by Governor Christie. Christie on Thursday conditionally vetoed a bill to stop the manufacture and sale of microbeads which are used as exfoliants or volumizers in many beauty products. Lawmakers in both the Senate and Assembly approved the bill unanimously earlier this year. In his veto message to them, Christie said he was concerned about severe punishments contained in the bill. “Under the bill, the retailer would be subject to draconian penalties of up to $10,000 per product, per day,” Christie said in his veto message to the Legislature. “A few tubes of out-of-date face wash combined with overzealous enforcement of this ban could easily drive a small business owner into bankruptcy.” Microbeads can’t be filtered by wastewater treatment plants. And the beads contain toxic chemicals that are harmful to fish, proponents of the legislation said. The legislation called for the manufacture of microbeads to be banned by 2018 and their sale to be banned by 2020. Christie acknowledged that manufacturers supported the bill and planed to phase out microbeads. “Nevertheless, although representatives of the affected industry expect that microbead-containing products will be off the market by the time the prohibitions in this bill would take effect, I can foresee a circumstance where a... |
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