EPA Orders Public Water System on Indian Reservation in Riverside County to Address Arsenic in Drinking Water

Today's post was shared by US EPA News and comes from yosemite.epa.gov

The U.S. Environmental Protection Agency last week ordered D&D Mobile Home Park to address violations of the Safe Drinking Water Act. D&D, located on the Torres Martinez Desert Cahuilla Indian Reservation in Riverside County, was found to have high levels of arsenic in its public system that provides drinking water to its 300 mobile park residents.

The order requires D&D to come into compliance with the arsenic drinking water standard as well as conduct more consistent arsenic monitoring.Sampling data showed arsenic at concentrations as high as 0.059 milligrams per liter—almost six times the EPA’s maximum contamination levels for arsenic. Sampling data also showed the presence of coliform bacteria. D&D is a privately owned and operated system on the Indian Reservation. 

The order requires D&D to submit, within 90 days, a written plan for EPA review that will demonstrate the mobile park’s strategy to bring the water system into compliance with the federal arsenic standard by December 31, 2014. Quarterly arsenic water sampling is also required. 

The penalty for not complying with the terms of the order can be up to $37,500 per day based on federal statutory 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 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.

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Train Carrying Deadly PVC Crashes In NJ Sickens Workers / Residents

A train carrying deadly Polyvinyl Chloride (PVC) crashed in NJ this morning when a bridge it was traveling on collapsed. The train containing highly toxic cargo crashed while crossing a creek near the Delaware River. 

It has been reported that at least 71 people are being treated for respiratory distress and residents have been ordered to remain indoors. The train remains dangling from the collapsed bridge and and chemicals continue to leak into the creek.

Most vinyl chloride is used to make polyvinyl chloride (PVC) plastic and vinyl products. Acute (short-term) exposure to high levels of vinyl chloride in air has resulted in central nervous system effects (CNS), such as dizziness, drowsiness, and headaches in humans. Chronic (long-term) exposure to vinyl chloride through inhalation and oral exposure in humans has resulted in liver damage. Cancer is a major concern from exposure to vinyl chloride via inhalation, as vinyl chloride exposure has been shown to increase the risk of a rare form of liver cancer in humans. EPA has classified vinyl chloride as a Group A, human carcinogen.

Acute Effects: Acute exposure of humans to high levels of vinyl chloride via inhalation in humans has resulted in effects on the CNS, such as dizziness, drowsiness, headaches, and giddiness. Vinyl chloride is reported to be slightly irritating to the eyes and respiratory tract in humans. Acute exposure to extremely high levels of vinyl chloride has caused loss of consciousness, lung and kidney irritation, and inhibition of blood clotting in humans and cardiac arrhythmias in animals. Tests involving acute exposure of mice have shown vinyl chloride to have high acute toxicity from inhalation exposure.

Chronic Effects(Noncancer): Liver damage may result in humans from chronic exposure to vinyl chloride, through both inhalation and oral exposure. A small percentage of individuals occupationally exposed to high levels of vinyl chloride in air have developed a set of symptoms termed “vinyl chloride disease,” which is characterized by Raynaud’s phenomenon (fingers blanch and numbness and discomfort are experienced upon exposure to the cold), changes in the bones at the end of the fingers, joint and muscle pain, and scleroderma-like skin changes (thickening of the skin, decreased elasticity, and slight edema). CNS effects (including dizziness, drowsiness, fatigue, headache, visual and/or hearing disturbances, memory loss, and sleep disturbances) as well as peripheral nervous system symptoms (peripheral neuropathy, tingling, numbness, weakness, and pain in fingers) have also been reported in workers exposed to vinyl chloride. Animal studies have reported effects on the liver, kidney, and CNS from chronic exposure to vinyl chloride. EPA has established a Reference Concentration (RfC) of 0.1 milligrams per cubic meter, and a Reference Dose (RfD) of 0.003 milligrams per kilogram per day for vinyl chloride. Please see IRIS for current information.

Reproductive/Developmental Effects: Several case reports suggest that male sexual performance may be affected by vinyl chloride. However, these studies are limited by lack of quantitative exposure information and possible co-occurring exposure to other chemicals. Several epidemiological studies have reported an association between vinyl chloride exposure in pregnant women and an increased incidence of birth defects, while other studies have not reported similar findings. Epidemiological studies have suggested an association between men occupationally exposed to vinyl chloride and miscarriages in their wives’ pregnancies although other studies have not supported these findings. Testicular damage and decreased male fertility have been reported in rats exposed to low levels for up to 12 months. Animal studies have reported decreased fetal weight and birth defects at levels that are also toxic to maternal animals in the offspring of rats exposed to vinyl chloride through inhalation.

Cancer Risk: Inhaled vinyl chloride has been shown to increase the risk of a rare form of liver cancer (angiosarcoma of the liver) in humans. Animal studies have shown that vinyl chloride, via inhalation, increases the incidence of angiosarcoma of the liver and cancer of the liver. Several rat studies show a pronounced early-life susceptibility to the carcinogenic effect of vinyl chloride, i.e., early exposures are associated with higher liver cancer incidence than similar or much longer exposures that occur after maturity. EPA has classified vinyl chloride as a Group A, human carcinogen. EPA uses mathematical models, based on animal studies, to estimate the probability of a person developing cancer from breathing air containing a specified concentration of a chemical.

EPA has calculated an inhalation unit risk estimate of 8.8 × 10-6 (µg/m3)-1 for lifetime exposure to vinyl chloride.

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Jon L.Gelman of Wayne NJ, helping vinyl chloride victims and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).  

Read more about "vinyl chloride"

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Workers' Compensation: NJ Permits Intentional Tort Claim Against ...

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This case involved exposure to poly vinyl chloride at a Pantasote, a Paterson NJ plant, causing disease to former workers which is characteristic of Raynaud's phenomenon ( fingers blanch and numbnessand discomfort are ...

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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.

Recommended Reading for Back to School: APHA Publishes New Book on Bullying Prevention

Bullying `in the workplace leads to both emotional and traumatic residuals. Recently some high school athletic coaches and instructors were charged with such activity. Today's post was shared by RWJF PublicHealth and comes from www.rwjf.org

DoSomething.org, a service and information website aimed at getting teens involved in their communities, has some startling statistics on bullying: About 160,000 teens skip school each year because of bullying More than 3.2 million students are victims of bullying each year 1 in 7 students in grades K-12 are either a bully or a victim of bullying 71 percent of students report incidents of bullying as a problem at their school Which is why a new book on bullying prevention, "A Public Health Approach to Bullying Prevention" from the American Public Health Association (APHA), is a welcome addition as the school year starts back up. The new book is intended as a resource for both parents and educators to help stem the problem of bullying at school. “With its public health perspective and approach, this book can lead us steps closer to eliminating the physical and mental anguish that bullying has on our nation’s children and communities,” said Georges Benjamin, MD, executive director of the APHA. “The book’s collection of various perspectives offers a comprehensive tool for parents and professionals to ensure healthy and safe schools.” The book includes successful bullying prevention efforts implemented in southwestern Pennsylvania schools and essays by professionals working to develop approaches that might implement similar success in other U.S. school communities. Authors include psychologists, educators, social workers and public health program...

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Read more about "bullying" and workers' compensation:

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Workers' Compensation: Bullying Shouldn't Be Taught in Schools

Nov 20, 2011

Schools systems are an essential source of education for our nation's future workforce. They become a farce when bullying is taught. The following is an editorial from the Star Ledger newspaper: Wayne Hills puts bullies ...

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Workers' Compensation: Student Athletes Should be Covered by ...

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Bullying isn't limited to the schoolyard. Bullying in the workplace is also a hot topic among employment lawyers and human-resource professionals. One study states that 35 percent of employees are bullied at work. In general ...

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Found on

NJ Files Lawsuits Against Two Waterfront Sites for Contamination

As part of the State of New Jersey’s continuing commitment to protect public health and restore natural resources degraded by those who refuse accountability, Attorney General Gurbir S. Grewal and Department of Environmental Protection (DEP) Commissioner Catherine R. McCabe today announced the filing of two lawsuits to compel the clean-up of contamination and recover Natural Resource Damages (NRDs).

J&J’s Pinnacle Hips Face First Trial on Poisoned Patients

Today's post was shared by Take Justice Back and comes from www.bloomberg.com

Johnson & Johnson (JNJ), which set aside $2.5 billion last year to resolve claims that 8,000 of its artificial hips were defective, faces a new round of lawsuits over another line of hip implants blamed for poisoning patients.

J&J’s DePuy unit is starting its first trial of allegations that the metal-on-metal version of the Pinnacle hip was defectively designed and caused metal debris to leech into patients’ bloodstreams. The cobalt-and-chromium material caused an infection that forced Kathleen Herlihy-Paoli to have her artificial hips surgically removed, she said in court filings.

Jury selection began today in Herlihy-Paoli’s suit, the first of more than 6,000 cases over the devices to be weighed by a jury. The cases have been consolidated before U.S. District Judge Ed Kinkeade in Dallas for pretrial information exchanges. Kinkeade will preside over Herlihy-Paoli’s trial.

“The first trials in any of these consolidated litigations set the tone for the following cases,” Carl Tobias, who teaches product-liability law at the University of Richmond in Virginia, said in an interview. “If J&J loses the first couple of these Pinnacle trials, they better start seriously thinking about coming up with a settlement similar to what they signed off on for the ASR hips.”
Ultamet Line

J&J said studies have shown the Pinnacle Ultamet line of devices restores mobility and reduces pain for patients in need of hip replacement.

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NIOSH Pocket Guide to Chemical Hazards Available for Free Download

The NIOSH Pocket Guide to Chemical Hazards (NPG) is intended as a source of general industrial hygiene information on several hundred chemicals/classes for workers, employers, and occupational health professionals. The NPG does not contain an analysis of all pertinent data, rather it presents key information and data in abbreviated or tabular form for chemicals or substance groupings (e.g. cyanides, fluorides, manganese compounds) that are found in the work environment. The information found in the NPG should help users recognize and control occupational chemical hazards.

Instructions for Downloading:
Download the NPG CD-Rom as a ISO image file and create a disc with CD-ROM authoring software.
The NPG ZIP file contains a condensed version of the NPG.
All non-Pocket Guide links were removed so that this set of files acts as a "stand-alone" database. These files can be used with a standard web browser or on some mobile devices.

• 2010-168c.zip (245 MB) (requires WinZip or other unzipping software)
• 2010-168c.exe(181 MB) (Self-extracting zip file for Windows)
• 2010-168c.isoNIOSH publication number 2010-168c 
  (ISO Requires CD-Rom Authoring Software)

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When Is The Child of an Infertile Woman a Dependent

The child of an infertile woman has yet another hurtle of proof to establish dependency status in a workers' compensation as the NJ Supreme Court decided that a formal adoption is necessary for an infertile woman to be designated as the legal mother of her husband’s biological child born to a gestational carrier.

Statutory dependency status in workers' compensation is confirmed by law to designated individuals. Those who are not specifically enumerated by the Workers' Compensation Act, ie. a non-biological child, may be considered a dependent after formally establishing dependency status. N.J.S.A. 34:15-13. Legal adopt will confer statutory status.

"Absent adoption, the Act does not recognize an infertile wife as the legal mother of her husband’s biological child born to a gestational carrier. The Act does not violate the right to equal protection under Article I, paragraph 1 of the New Jersey Constitution because the distinctions drawn between an infertile husband and an infertile wife are grounded in actual reproductive and biological differences, which the Legislature may consider in defining alternative means of creating parenthood. "

IN THE MATTER OF THE PARENTAGE OF A CHILD BY T.J.S. AND A.L.S., h/w (Decided October 24, 2012 (NJ 2012).

Also read The Jurist "New Jersey Supreme Court upholds surrogacy law"

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