The EPA Final Rule on Methylene Chloride

The Environmental Protection Agency (EPA) finalized a rule in April 2024 significantly restricting the use of methylene chloride due to its health risks. This analysis examines the rule's impact on workers and potential workers' compensation claims.

Unions Sue New Jersey to Close Smoking Loophole

The United Auto Workers (UAW) and Casino Employees Against Smoking Effects (CEASE) have filed a lawsuit against New Jersey to eliminate a controversial exemption in the Smoke-Free Air Act. This exemption allows continued smoking in Atlantic City casinos, exposing tens of thousands of workers to secondhand smoke and its associated health risks.

Analysis of US EPA's Draft Risk Evaluation for Formaldehyde and Worker Health

The U.S. Environmental Protection Agency's (EPA) draft risk evaluation of formaldehyde, released on March 15, 2024, raises significant concerns for worker health and worker compensation risk exposure.

US Bans Asbestos

Today, March 18, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or imported to the United States. The ban on ongoing uses of asbestos is the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act (TSCA), which received near-unanimous support in both the U.S. House of Representatives and the Senate. The action marks a major milestone for chemical safety after more than three decades of inadequate protections and serious delays during the previous administration to implement the 2016 amendments.

Long COVID Continues as a Workplace Crisis

Long COVID continues to impact the lives of US workers. Millions of Americans live with long COVID and its many symptoms. These include fatigue, cognitive impairment (commonly referred to as muscle or joint pain, shortness of breath, heart palpitations, sleep difficulties, mood changes, and more. With millions of Americans suffering daily, more must be done to address this crisis.

Household Contact Awarded $30 Million Verdict for Mesothelioma

Employers have a responsibility not only to their employees but also to their household contacts, individuals who live in the employee’s home. Employees who are exposed at work may carry the toxic substances home on their clothes or their body.

TSCA Update

The U.S. Environmental Protection Agency (EPA) announced that it is beginning the process of prioritizing five additional toxic chemicals for risk evaluation under the nation’s premier chemical safety law. If, during the 12-month-long statutory process, the EPA designates these five chemicals as high-priority substances, the EPA will then begin risk evaluations for these chemicals. 

Toxic Flight Attendant Uniforms Result in a $1.1 Million Verdict

Wearing an employer-designated work uniform shouldn’t result in severe and debilitating occupational exposures. Unfortunately, some American Airlines flight attendants suffered injuries from wearing the flight uniforms prescribed by their employer. The lawsuit that they filed lawsuit resulted in a $1.1 Million award.

New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim

In many occupational asbestos claims, it has been challenging to establish that asbestos fiber was used in the workplace. That will soon change under recently announced US Environmental Protection Agency [EPA] Rules.

Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des Fréquences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”

EPA Seeks Reporting of Asbestos Fibers

The U.S. Environmental Protection Agency (EPA) announced a final rule to require comprehensive reporting on all six fiber types of asbestos as the agency continues its work to address exposure to this known carcinogen and strengthen the evidence that will be used to protect people from this dangerous chemical further. Historically asbestos, a known carcinogen, has been present in workplaces causing significant occupational exposures to workers, sometimes fatal, and has generated a long wave of workers’ compensation claims.

California Supreme Court Bars Household Contact Covid Claims

Today, the California Supreme Court decided that the Workers’ Compensation Act [WCA] did not bar a derivative claim. However, using a public policy rationale, it did not extend an employer's duty of care to an employee's household contacts who contracted COVID-19.

California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow

The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).

Available Workers' Compensation Law 2023 Update

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law is now available from Thomson Reuters®. The treatise is the most complete and research-integrated work on NJ Workers’ Compensation law.

OSHA: America Airlines Fined for Retaliating Against Worker Who Reported Hazardous Fumes in Cabin

Federal safety and health investigators have determined that one of the nation's largest airlines retaliated against flight attendants who reported worker illnesses caused by toxic fumes entering aircraft cabins.

Household Contact COVID Case Status in California Supreme Court

The defense brief has now been submitted to California Supreme Court for review on the question of whether the workers’ compensation act does bars a claim against an employer by a household contact of an employee who contacted COVID at work. The court granted the request, made under California Rules of Court, Rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. 

Camp Lejeune Water Contamination Claims

Drinking water at Camp Lejune, North Carolina, was contaminated by toxic substances, and it is estimated that over one million military personnel, their families, and civilians who lived and worked near Camp Lejune training facility between August 1, 1953, and December 31, 1987, may have been exposed to hazardous substances.

Burn Pit Legislation Signed into Law

President Biden signed legislation that will provide medical benefits from the Veterans Administration to service members exposed to toxic burn pits while deployed overseas in recent conflicts. The President signed the Sargent First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. It embodies some of the goals we strived to achieve in the decades-long burn pit litigation project.

EPA Launches Community Engagement Efforts on New Ethylene Oxide Risk Information

The US Environmental Protection Agency (EPA) just announced its plans to engage and inform communities, states, Tribes, Territories, and stakeholders about up-to-date information on the risks posed by air emissions of ethylene oxide (EtO) from commercial sterilizers, as well as EPA’s efforts to address these risks. EPA is releasing new information on specific facilities where lifetime risk levels are the highest to people who live nearby and is encouraging impacted communities to participate in a series of public engagements to learn more. Later this year, EPA expects to propose an air pollution regulation to protect public health by addressing EtO emissions at commercial sterilizers.

Republican Senators Block Final Passage of The Bipartisan Toxic Exposure Bill That Would Assist Veterans

In a stunning reversal the much-anticipated legislation that would aid veterans exposed to toxic burn pits, and water contamination at Camp Lejune and other war sites was blocked by a unified group of 25 Republican Senators. The widely bipartisan Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022 previously passed the senate 84-14.