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Showing posts sorted by relevance for query ban. Sort by date Show all posts

Tuesday, April 5, 2022

EPA Proposes to Ban Ongoing Uses of Asbestos

In a historic step, the US Environmental Protection Administration [EPA] is moving to protect people from cancer risks and is moving to ban asbestos in the US. The EPA has proposed its first-ever risk management rule under the 2016 Lautenberg Chemical Safety Act.

Sunday, December 11, 2011

$2 Million Verdict to Plastic Compounder Suffering Mesothelioma - Call For Asbestos Ban

This week a New York state jury awarded $2 Million dolars to a former plastic compounder who was exposed to asbestos fiber and was subsequently diagnosed with mesothelioma. The employee worked in a plastic factory in 1966 and poured raw asbestos fibers to make molds. Some of the asbestos fiber was supplied by Hedman Resources Ltd., a Canadian asbestos mining company.

Mesothelioma is a rare and fatal cancer caused by exposure to asbestos fiber. Hundreds of thousands of lawsuits have been filed against the asbestos manufacturers and producers since the early 1970's in the US seeking benefits. Despite the continuing epidemic of asbestos related disease and massive weight of scientific evidence of the deadly carcinogenic qualities of asbestos, Canada continues to mine asbestos fiber and sell it worldwide. It is estimated that that 107,000 workers die annually from asbestos-related diseases.

To this day there is no asbestos ban in effect in the US. The Canadian asbestos industry still exports asbestos fiber used in the US and other parts of the world. On Thursday, The Asbestos Disease Awareness Organization (ADAO) which combines education, advocacy, and community to provide a unified voice for asbestos victims, today announced with the Canadian Voices of Asbestos Victims the release of the North American Declaration to Eliminate Asbestos-Related Diseases.

The Declaration initiates an enhanced collaboration between the U.S. and Canadian asbestos disease victims and their families, public health organizations, environmental non-governmental organizations, occupational safety and health (OSH) specialists, and politicians. While ADAO has been individually partnering with Canadian counterparts for education, advocacy, and community initiatives for several years now, the North American Declaration for the Elimination of Asbestos-Related Diseases unifies the demands voiced by American and Canadian asbestos victims to eliminate asbestos-caused diseases.


To sign the petition to ban asbestos fiber click here: Petition to Ban Asbestos Fiber 
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For over 3 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. 

Friday, March 4, 2016

US DOT Bans the Use of Electronic Cigarettes on Commercial Flights

English: The ProVape-1 by ProVape.com - Electr...
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, December 29, 2018

US Lawmakers Urged EPA to Investigate Talc Products

Oregon’s Senator Jeff Merkley and Congresswoman Suzanne Bonamici today pressed the Environmental Protection Agency (EPA) for answers following an alarming new Reuters report revealing that some everyday consumer products, including baby powders, may contain asbestos—a highly toxic chemical.

Thursday, November 8, 2012

Asbestos Exposure Occurs When Old Pipe Bursts

The nation's crumbling infrastructure continues to cause workers to be exposed to deadly abestos fiber. Today in Boston a steam pipe burst near Boston City Hall exposing the population to cancer causing asbestos fiber.

Asbestos continues to be a major health hazard since it remains in construction material exposuing workers to potential latent disease such as: asbestosis, lung cancer and mesothelioma. The US has yet to ban asbestos.

While hazmat workers rushed to the scene in an attempt to contain and repair the leak, the accident exemplies the need for workers to continue to be educated about safety proceedures in handling asbestos fiber.

The workers' compensation and civil justice system continues to be available for those who have been exposed and require medical surveillance. Exposed individuals need to take action within a prescribed time period after an exposure and should consult with an attorney at law for guidance inorder to protect their rights under the law.
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Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 3 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.

Read More About Asbestos
Nov 04, 2012
The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...
Oct 18, 2012
Workers continue to be exposed to asbestos during removal and abatement projects. It is imperative that asbestos be removed in a safe and prescribed manner to avoid any unnecessary disease and illness. Merely "dumping" ...
Sep 14, 2012
"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health ...
Sep 04, 2012
The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .

Friday, April 19, 2019

EPA Asbestos Rule Announced: Still Leaves Deadly Carcinogen Legal


Today’s post is shared from ewg.com
The rule announced today by the US Environmental Protection Agency claiming to strengthen the agency’s ability to restrict certain uses of the notorious carcinogen asbestos falls short of what is required to fully protect public health, said The Environmental Working Group [EWG] legislative attorney Melanie Benesh.

Sunday, October 10, 2010

Cell Phone Safety and Workers Compensation

Workers' Compensation benefits may soon be denied to employees involved in motor vehicle accidents because of the unauthorized use of cell phones while driving within the course of their employment. As the US Department of Transportation (USDOT) continues to educate Americans with overwhelming statistical evidence that distracted driving is a major cause of accident, the denial of benefits to cell phone users may become a major incentive to create a safer work environment.

Meanwhile, the US Department of Transportation is leaning toward banning all use of cell phones by drivers. At the second national USDOT summit on the increased hazards of the use of cell technology  a major campaign was launched to encourage employers to outright  ban the use of cell phones by employees while working.

Employers have become increasingly concerned over employee "cognitive distraction" caused by the use of cell phones in motor vehicles as more data has become available associating driver cell phone use with accidents. Methods of enforcement will include the use of traffic cameras as the system already hss the capability of detecting drivers who are using telephones while driving. Evidentially, telephone billing records produced post accident can be used to corroborate the fact that an employee was using a telephone while working.

The precedent of using the workers compensation acts to make occupational environments safer is already established. The denial of workers' compensation benefits for unsafe actions by employees has previously been incorporated into law and has been an economic incentively for employers to reduce costs. Employees who are under the influence of drugs or alcohol, and those who fail to use employer provided safety devices, have already been denied benefits in some jurisdictions.

For over 3 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 work related accident and injuries.

Friday, March 29, 2019

NJ Legislature Bans Asbestos


Both houses of the New Jersey Legislature has made history by passing a bill to ban the sale of asbestos products in the State. The legislation awaits the Governor’s signature. [Editorial Note:  A4416 NJ Leg Session 2018-19 was signed by the Governor  and enacted, Approved P.L. 2019, c.114 on May 10, 2019 - Click Here for Pamphlet Law].

Thursday, September 16, 2010

UN Agency Urges Worldwide Asbestos Ban

The UN International Labour Organization (ILO) has called for a worldwide ban on asbestos production citing that there is an asbestos related death every 5 minute and asbestos already claims 107,000 lives each year. The ILO has warned that asbestos industry lobbyists must not claim support of the ILO in its effort to continue asbestos production.

Asbestos, for decades, has been linked to asbestosis, lung cancer and mesothelioma. Mesothelioma remains an incurable and fatal disease. While asbestos use has been banned in many countries, Canada and the United States have yet to ban is use. 

For over 3 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 asbestos related disease.

Related Stories:

Friday, September 14, 2012

NJ Legislature to Discuss Workers Compensation Reforms


The NJ Legislature will be discussing potential major changes to the NJ Workers' Compensation Act during Senate Labor Committee hearings next week. 

The Senate Labor Committee will meet on Thursday, September 20, 2012 at 10:00 AM in Committee Room 6, First Floor, State House Annex, TrentonNew Jersey.

The following bills will be considered:

S-1630
Bateman/Oroho
Prohibits payment of temporary disability benefits to incarcerated individuals.

S-1898
O'Toole/Allen
Prohibits requirement to provide information for access to account on social networking website by employer.

S-1915
Sweeney/Whelan
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.

S-1916
Sweeney
A-2879
Burzichelli/Greenwald/
Ramos/Conaway/Caride
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications devices by institutions of higher education.

S-1926
Greenstein
Bans charging workers' compensation claimants for medical expenses, gives Division of Workers' Compensation sole jurisdiction over work-related medical claims. (Binding arbitration)

S-2022
Madden
A-2652 (1R)
Eustace/Singleton/Egan/
Benson/Coughlin
Bans charging workers' compensation claimants for medical expenses, gives Division of Workers' Compensation sole jurisdiction over work-related medical claims.

SCR-123
Scutari
Memorializes Congress and the President to enact the "Team USA Made in America Act of 2012."

A-2878 (1R)
Burzichelli/Greenwald/
Ramos/Conaway/Caride
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.

Read more about medical billing

May 11, 2012
By John H. Geaney and Jon L. Gelman "Medical expenses in contested workers' compensation cases are now a significant and troublesome issue resulting in uncertainty, delay and potential future liability. Th recent NJ ...
May 11, 2012
By John H. Geaney and Jon L. Gelman "Medical expenses in contested workers' compensation cases are now a significant and troublesome issue resulting in uncertainty, delay and potential future liability. Th recent NJ ...
May 11, 2012
May 11, 2012
By John H. Geaney and Jon L. Gelman "Medical expenses in contested workers' compensation cases are now a significant and troublesome issue resulting in uncertainty, delay and potential future liability. Th recent NJ orkers' Compensation: Collecting Unpaid Medical Bills in Workers ...
Feb 17, 2012
Medical bills now account for almost 70% of the total of workers' compensation benefits paid, and the collection of those unpaid medical bills has exploded into a cottage business creating enormous procedural and ...

Aug 02, 2012
In 2007, Stancil filed a motion in the compensation court seeking an order compelling ACE to pay outstanding medical bills. During a hearing on the motion, the compensation judge commented that ACE had a history of failing...

Apr 09, 2009
Medical Bills of Smokers Reported to be Less Than Expected. It has been recently reported that smokers may actually cost society less for medical treatment than non-smokers. The CDC has reported that since smokers die on...

Jul 23, 2009
The number of disputes concerning the payment/reimbursement of medical bills have increased in workers' compensation claims in New Jersey. The State has proposed converting the Informal Hearing procedure into a new ...

Related articles

Tuesday, September 4, 2012

Asbestos Ban In Canada Gets Boast - Parti Quebecois Wins Election!

 "...the Parti Quebecois (PQ) said this week that, if it's elected, it would cancel a $58-million loan Quebec's Liberal government approved to help reopen the Jeffrey Mine, one of Canada's last asbestos mines."

Click here to read:
Quebec separatists win election, say TV networks

Read more about the battle to Ban Asbestos in Canada
Feb 18, 2010
The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing ...
Aug 01, 2011
Our northern neighbor, Canada. Asbestos has not been mined in the US since 2002. The US imports 99% of the asbestos it consumed from Canada. In fact the US consumed 1,040 metric tons in 2010 which was an increased ...
Sep 05, 2011
The documentary, directed by Ontario filmmaker Kathleen Mullen, is “a personal investigation into the continued use of asbestos” and details her father's tragic death due to exposure to asbestos from Canadian mining.
Dec 11, 2011
To this day there is no asbestos ban in effect in the US. The Canadian asbestos industry still exports asbestos fiber used in the US and other parts of the world. On Thursday, The Asbestos Disease Awareness Organization ...

Monday, October 18, 2021

Across Two Separate Settlements, EPA Commits to Expedite and Strengthen Asbestos Risk Reevaluation Under TSCA

The Asbestos Disease Awareness Organization (ADAO), an independent nonprofit dedicated to preventing asbestos exposure, announced it had reached two landmark legal settlements with the Environmental Protection Agency (EPA) that strengthen and broaden its work to evaluate the health risks of asbestos under the Toxic Substances Control Act (TSCA). 

Tuesday, October 2, 2012

OSHA cites manager of Nassau Veterans Memorial Coliseum on Long Island for asbestos and other hazards


SMG @ Nassau Coliseum faces $88,000 in proposed fines
The U.S. Department of Labor's Occupational Safety and Health Administration has cited SMG @ Nassau Coliseum LLC, doing business as SMG, with 16 alleged serious violations of workplace health and safety standards. The company, which manages the day-to-day operations of the Nassau Veterans Memorial Coliseum on Long Island, faces a total of $88,000 in proposed fines for asbestos, electrical, chemical and other hazards facing workers at the coliseum.

OSHA's Long Island Area Office opened an inspection in response to an employee complaint. Investigators found that maintenance workers and electricians were exposed to asbestos or materials potentially containing asbestos while working in various locations – including the coliseum's ice plant, catwalks and a loading dock – and that SMG did not take adequate steps to address the hazards. These conditions occurred in areas not accessible to the general public.

Specifically, SMG did not identify the presence, location and quantity of materials containing or potentially containing asbestos, use engineering controls and work practices to reduce exposure levels, ensure that all Class III asbestos work (such as repair and maintenance operations where materials presumed to contain asbestos are disturbed) was conducted in regulated areas, ensure proper respirator use, post warning signs and provide asbestos awareness training for workers.

"Inhalation of asbestos fibers can lead to lung disease and cancer. That's why it is imperative that this employer take effective action to identify and minimize asbestos hazards and ensure that workers are protected against exposure," said Anthony Ciuffo, OSHA's Long Island area director.

In addition, OSHA found inadequately lighted exit routes, inoperable emergency lighting, lights not guarded against damage, defective forklifts, unsecured liquefied petroleum gas containers, electrical circuits not locked out and unguarded open-sided floors. The company also failed to provide workers with bloodborne pathogen and chemical hazard communication training. Finally, the company failed to develop procedures and provide hardware to lock out power sources to prevent the unintended activation of machinery. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"A key means of preventing hazards such as these is for employers to establish and maintain effective illness and injury prevention programs in which they work with their employees to proactively identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.

Asbestos is the name given to a group of naturally occurring minerals that are resistant to heat and corrosion. Asbestos has been used as insulation for pipes, floor tiles and building materials, and in vehicle brakes and clutches. Breathing asbestos fibers can cause a buildup of scar-like tissue in the lungs called asbestosis, which can result in a loss of lung function that often progresses to disability or death. Asbestos also causes lung cancer and other diseases such as mesothelioma of the pleura, which is a fatal malignant tumor of the membrane that lines the cavity of the lung or stomach. Detailed information on asbestos hazards and safeguards, including an asbestos self-inspection checklist, is available online at http://www.osha.gov/SLTC/asbestos/index.html.

SMG has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Long Island office in Westbury at 516-334-3344.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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For over 3 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 work related accident and injuries.

More about asbestos
Sep 14, 2012
"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health ...
Sep 15, 2012
Canada's Industry Minister announced yesterday that the country would finally concede to international pressure and label asbestos that it exports as a health hazard. Now Canada, and the United States, need to take the next ...
Sep 04, 2012
The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .
Jul 20, 2012
An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United ...