The U.S. Food and Drug Administration (FDA) is warning health care professionals of the rare but serious risk of heart attack and death with use of the cardiac nuclear stress test agents Lexiscan (regadenoson) and Adenoscan (adenosine). We have approved changes to the drug labels to reflect these serious events and updated our recommendations for use of these agents. Health care professionals should avoid using these drugs in patients with signs or symptoms of unstable angina or cardiovascular instability, as these patients may be at greater risk for serious cardiovascular adverse reactions.
Lexiscan and Adenoscan are FDA approved for use during cardiac nuclear stress tests in patients who cannot exercise adequately. Lexiscan and Adenoscan help identify coronary artery disease. They do this by dilating the arteries of the heart and increasing blood flow to help identify blocks or obstructions in the heart’s arteries. Lexiscan and Adenoscan cause blood to flow preferentially to the healthier, unblocked or unobstructed arteries, which can reduce blood flow in the obstructed artery. In some cases, this reduced blood flow can lead to a heart attack, which can be fatal.The Warnings & Precautions section of the Lexiscan and Adenoscan labels previously contained information about the possible risk of heart attack and death with use of these drugs. However, recent reports of serious adverse events in the FDA Adverse Event Reporting... |
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(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Showing posts sorted by relevance for query death. Sort by date Show all posts
Showing posts sorted by relevance for query death. Sort by date Show all posts
Wednesday, November 20, 2013
FDA warns of rare but serious risk of heart attack and death with cardiac nuclear stress test drugs Lexiscan (regadenoson) and Adenoscan (adenosine)
Saturday, February 13, 2010
US Department of Labor’s OSHA cites C.A. Franc $539,000 for willful fall hazard violations
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has fined the C.A. Franc construction company $539,000 following the investigation of a roofing worker who fell 40 feet to his death at a Washington worksite. The Valencia, Pa.-based roof installer – whose owner is Christopher A. Franc – was cited for 10 per instance willful citations for failing to protect workers from falls.
“Mr. Franc knowingly and willfully failed to protect his workers from falling to their death,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Despite repeated requests from workers that he provide fall protection, on this step roof, Mr. Franc refused to provide readily available protection. We will not tolerate this type of blatant and egregious disregard for the health and safety of workers.”
OSHA began its investigation immediately following the worker’s death on Aug. 15, 2009, and found the C.A. Franc company had failed to provide any fall protection to its employees working on a pitched roof 40 feet off the ground. In addition, Mr. Franc failed to train a newly hired college student in hazards and the necessary safety measures for roofing work. As a result of the investigation, the company has been cited for 10 alleged per-instance willful violations, one for each employee working unprotected on the roof, with a proposed penalty of $490,000, and one additional alleged willful violation for failing to train the new employee, with a penalty of $49,000.
General contractor Hospitality Builders Inc. also has been cited with one willful violation and a proposed penalty of $70,000 for failing to ensure that C.A. Franc workers had fall protection.
“This fall fatality was one of five that occurred during a 15-day span in the Pittsburgh area,” said John M. Hermanson, OSHA’s regional administrator in Philadelphia, Pa. “Falls are the leading cause of fatalities in the construction industry. Failure to provide employees with fall protection is unconscionable. We urge construction companies to take the necessary action to ensure their workers are protected.”
OSHA defines a willful violation as one committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to employee safety and health. Detailed information about fall hazards and safeguards is available on OSHA’s Web site athttp://www.osha.gov/SLTC/fallprotection/construction.html.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA’s Pittsburgh Area Office; telephone: 412-395-4903. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.
In a related criminal charge, Christopher A. Franc today entered a guilty plea in federal court to a violation of 29 U. S. C. Section 666(e). Sentencing is scheduled for June 18.
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 assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, outreach, education and assistance. For more information, visit http://www.osha.gov.
“Mr. Franc knowingly and willfully failed to protect his workers from falling to their death,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Despite repeated requests from workers that he provide fall protection, on this step roof, Mr. Franc refused to provide readily available protection. We will not tolerate this type of blatant and egregious disregard for the health and safety of workers.”
OSHA began its investigation immediately following the worker’s death on Aug. 15, 2009, and found the C.A. Franc company had failed to provide any fall protection to its employees working on a pitched roof 40 feet off the ground. In addition, Mr. Franc failed to train a newly hired college student in hazards and the necessary safety measures for roofing work. As a result of the investigation, the company has been cited for 10 alleged per-instance willful violations, one for each employee working unprotected on the roof, with a proposed penalty of $490,000, and one additional alleged willful violation for failing to train the new employee, with a penalty of $49,000.
General contractor Hospitality Builders Inc. also has been cited with one willful violation and a proposed penalty of $70,000 for failing to ensure that C.A. Franc workers had fall protection.
“This fall fatality was one of five that occurred during a 15-day span in the Pittsburgh area,” said John M. Hermanson, OSHA’s regional administrator in Philadelphia, Pa. “Falls are the leading cause of fatalities in the construction industry. Failure to provide employees with fall protection is unconscionable. We urge construction companies to take the necessary action to ensure their workers are protected.”
OSHA defines a willful violation as one committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to employee safety and health. Detailed information about fall hazards and safeguards is available on OSHA’s Web site athttp://www.osha.gov/SLTC/fallprotection/construction.html.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA’s Pittsburgh Area Office; telephone: 412-395-4903. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.
In a related criminal charge, Christopher A. Franc today entered a guilty plea in federal court to a violation of 29 U. S. C. Section 666(e). Sentencing is scheduled for June 18.
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 assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, outreach, education and assistance. For more information, visit http://www.osha.gov.
Saturday, June 15, 2019
Firefighter and Public Safety Officer Presumption Bill Advances
Firefighter and public safety officer presumption bill advances and creates a rebuttable presumption of workers’ compensation coverage for public safety workers and other employees in certain circumstances.
The bill affirms that if, in the course of employment, a public safety worker is exposed to a serious communicable disease or a biological warfare or epidemic-related pathogen or biological toxin, all care or treatment of the worker, including services needed to ascertain whether the worker contracted the disease, shall be compensable under workers' compensation, even if the worker is found not to have contracted the disease. If the worker is found to have contracted a disease, there shall be a rebuttable presumption that any injury, disability, chronic or corollary illness or death caused by the disease is compensable under workers' compensation.
The bill affirms workers’ compensation coverage for any injury, illness or death of any employee, including an employee who is not a public safety worker, arising from the administration of a vaccine related to threatened or potential bioterrorism or epidemic as part of an inoculation program in connection with the employee’s employment or in connection with any governmental program or recommendation for the inoculation of workers.
The bill creates a rebuttable presumption that any condition or impairment of health of a public safety worker which may be caused by exposure to cancer-causing radiation or radioactive substances is a compensable occupational disease under workers' compensation if the worker was exposed to a carcinogen, or the cancer-causing radiation or radioactive substance, in the course of employment. Employers are required to maintain records of instances of the workers deployed where the presence of known carcinogens was indicated by documents provided to local fire or police departments under the “Worker and Community Right to Know Act,” P.L.1983, c.315 (C.34:5A-1 et seq.) and where events occurred which could result in exposure to those carcinogens.
In the case of any firefighter with seven or more years of service, the bill creates a rebuttable presumption that, if the firefighter suffers an injury, illness or death which may be caused by cancer, the cancer is a compensable occupational disease.
The bill provides that, with respect to all of the rebuttable presumptions of coverage, employers may require workers to undergo, at employer expense, reasonable testing, evaluation and monitoring of worker health conditions relevant to determining whether exposures or other presumed causes are actually linked to the deaths, illnesses or disabilities, and further provides that the presumptions of compensability are not adversely affected by failures of employers to require testing, evaluation or monitoring.
The public safety workers covered by the bill include paid or volunteer emergency, correctional, fire, police and medical personnel.
This bill was pre-filed for introduction in the 2018-2019 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.
The following bill(s) have been scheduled for a committee or a legislative session.
The following bill(s) have been scheduled for a committee or a legislative session.
A1741:
Quijano, Annette/Benson, Daniel R./Lagana, Joseph A.
"Thomas P. Canzanella Twenty First Century First Responders Protection Act"; concerns workers' compensation for public safety workers.
6/20/2019 1:00:00 PM Assembly
Voting Session
Assembly Chambers
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A1741
S716:
Greenstein, Linda R./Bateman, Christopher
"Thomas P. Canzanella Twenty First Century First Responders Protection Act"; concerns workers' compensation for public safety workers.
6/20/2019 1:00:00 PM Assembly
Voting Session
Assembly Chambers
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S716
….
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 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
Updated: 06-15-2019
Updated: 06-15-2019
Saturday, June 4, 2016
Mesothelioma: Employer Held Liable for Wife's Asbestos Related Death
The Tennessee Valley Authority (TVA) was held liable for the death of an asbestos worker's wife death from mesothelioma. A Federal Court in Alabama held that the the employer held that the employer had a duty to protect the wife a nuclear plant employee from take home asbestos exposure.
Wednesday, June 30, 2010
New Study Released Explaining the Asbestos - Mesothelioma Link
"Asbestos carcinogenesis has been linked to the release of cytokines and mutagenic reactive oxygen species (ROS) from inflammatory cells. Asbestos is cytotoxic to human mesothelial cells (HM), which appears counterintuitive for a carcinogen. We show that asbestos-induced HM cell death is a regulated form of necrosis that links to carcinogenesis. Asbestos-exposed HM activate poly(ADP-ribose) polymerase, secrete H2O2, deplete ATP, and translocate high-mobility group box 1 protein (HMGB1) from the nucleus to the cytoplasm, and into the extracellular space. The release of HMGB1 induces macrophages to secrete TNF-α, which protects HM from asbestos-induced cell death and triggers a chronic inflammatory response; both favor HM transformation. In both mice and hamsters injected with asbestos, HMGB1 was specifically detected in the nuclei, cytoplasm, and extracellular space of mesothelial and inflammatory cells around asbestos deposits. TNF-α was coexpressed in the same areas. HMGB1 levels in asbestos-exposed individuals were significantly higher than in nonexposed controls (P < 0.0001). Our findings identify the release of HMGB1 as a critical initial step in the pathogenesis of asbestos-related disease, and provide mechanistic links between asbestos-induced cell death, chronic inflammation, and carcinogenesis. Chemopreventive approaches aimed at inhibiting the chronic inflammatory response, and especially blocking HMGB1, may decrease the risk of malignant mesothelioma among asbestos-exposed cohorts."
"Programmed necrosis induced by asbestos in human mesothelial cells causes high-mobility group box 1 protein release and resultant inflammation" Published online before print June 28, 2010, doi:10.1073/pnas.1006542107 (This item requires a subscription to Proceedings of the National Academy of Sciences).
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered asbestos related illnesses.
Thursday, November 12, 2009
APHA Calls for US Asbestos Ban
“As early as 1898, the British government factory inspectors recognized adverse health effects associated with exposure to asbestos fibers. By the 1930’s the scientific evidence was well established of the association between asbestos exposure and nonmalignant respiratory disease, and with the publication of Dr. Irving Selikoff’s study of insulation workers in 1964, the evidence of carcinogenicity was incontrovertible as well.”
“Despite the concerns of asbestos exporting countries and business interests of the mining industry, the scientific consensus today is that all types of asbestos fibers, including chrysotile, cause asbestosis, lung and other cancers, specifically mesothelioma. The magnitude of the public health problem presented by asbestos and its ubiquitous use during the last 50 years is revealed by death certificate data analyzed by the National Institute for Occupational Safety and Health (NIOSH). NIOSH identified 2,485 deaths in the U.S. in 1999 in which malignant mesothelioma was listed as an underlying or contributing cause of death; and that during 1968--2005, asbestosis was identified as the underlying cause of death for 9,024 decedents, 13% of these were aged 25-64 years. These data undoubtedly underestimate the situation as asbestos-related disease can take 10 to 50 years to present. The estimated portion of lung cancer deaths attributed to asbestos exposure is 2-3 percent.”
During the 1950’s and 1960’s Dr Selikoff would testify in the NJ Division of Workers’ Compensation as a medical expert for injured workers. I had the privilege of knowing him and observing his efforts to assist injured workers and spread his scientific discoveries on the harmful effects of asbestos products.
It is shocking that in 2009 the US permits the use, manufacturing and distribution of asbestos containing products. It is certainly well passed the time to ban asbestos in the US.
Sunday, November 16, 2014
The GM Compensation Process - An Inside View
Alternative victim compensation programs have emerged to expedite resolution of disputes. Today's post is shared from nytimes.com
Inside a hushed suite of law offices here, 500 miles away from the automaker’s Detroit headquarters, the victim-compensation team led by Kenneth R. Feinberg will post its weekly update of the number of death and injury claims it has found to be eligible for payment by the automaker. G.M. is Mr. Feinberg’s client, paying him for his work, and weighing in behind the scenes on dozens of cases. But Mr. Feinberg has already identified well more than twice as many deaths from the defective switch than the company did — 32 instead of 13 — and is on pace to pinpoint many more
It is an unusual process, intended to show the company living up to its “civic duty” to help victims, as its chief executive, Mary T. Barra, has put it, while also sparing the automaker long and costly lawsuits. But in giving Mr. Feinberg sole discretion to determine who the victims are and how much money they should receive, G.M. could end up paying more money to more people than the courts would have allowed.
The review process is confidential, but recently, Mr. Feinberg and his deputy, Camille Biros, agreed to provide The New York Times with a glimpse of how they evaluate claims. They answered questions, allowed a reporter into the windowless conference room of Mr. Feinberg’s law offices where they make the final decisions and showed a handful of claims, with names and additional details concealed to protect claimants’ identities.
….
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.
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Saturday, July 19, 2014
Medical Errors - The Third Leading Cost of Death
Costing almost $1 Trillion dollars per year and a leading of death are medical errors.
Medical doctors specializing in patient safety testified on preventable medical errors that can lead to death or serious financial problems as bills mount to correct the medical mistake.
Medical doctors specializing in patient safety testified on preventable medical errors that can lead to death or serious financial problems as bills mount to correct the medical mistake.
Related articles
- Most Common Medical Malpractice Claims (And How to Avoid Being a Victim) (andresberger.com)
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- Law to Ban Medical Expense Claims Proposed (workers-compensation.blogspot.com)
- Thousands of doctors practicing despite errors, misconduct (workers-compensation.blogspot.com)
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Monday, January 7, 2013
Are You Suffering From Symptoms Of Chronic Stress? Take the Stress Test!
Today's post comes from guest author Kit Case from Causey Law Firm.
Cognitive symptoms
• Memory problems
• Inability to concentrate
• Poor judgment
• Pessimistic approach or thoughts
• Anxious or racing thoughts
• Constant worrying
Emotional symptoms
• Moodiness
• Irritability or short temper
• Agitation, inability to relax
• Feeling overwhelmed
• Sense of loneliness and isolation
• Depression or general unhappiness
Physical symptoms
• Aches and pains
• Diarrhea or constipation
• Nausea, dizziness
• Chest pain, rapid heartbeat
• Loss of sex drive
• Frequent colds
Behavioral symptoms
• Eating more or less
• Sleeping too much or too little
• Isolating oneself from others
• Procrastinating or neglecting responsibilities
• Using alcohol, cigarettes, or drugs to relax
Take the Stress Test for Adults:
Thomas Holmes and Richard Rahe in 1967, examined the medical records of over 5,000 medical patients as a way to determine whether stressful events might cause illnesses. Patients were asked to tally a list of 43 life events based on a relative score. A positive correlation was found between their life events and their illnesses.
Their results were published as the Social Readjustment Rating Scale (SRRS), known more commonly as the Holmes and Rahe Stress Scale.
To measure stress according to the Holmes and Rahe Stress Scale, the number of "Life Change Units" that apply to events in the past year of an individual's life are added and the final score will give a rough estimate of how stress affects health.
Note: the table, below, is from the Wikipedia page on this subject. For a fee of $5.00, you can go directly to Dr. Rahe's website and obtain the full test materials as well as background information and details of this and other products and services available.
To measure stress according to the Holmes and Rahe Stress Scale, the number of "Life Change Units" that apply to events in the past year of an individual's life are added and the final score will give a rough estimate of how stress affects health.
Score of 300+: At risk of illness.
Score of 150-299+: Risk of illness is moderate (reduced by 30% from the above risk).
Score 150-: Only have a slight risk of illness.
Life event | Life change units |
---|---|
Death of a spouse | 100 |
Divorce | 73 |
Marital separation | 65 |
Imprisonment | 63 |
Death of a close family member | 63 |
Personal injury or illness | 53 |
Marriage | 50 |
Dismissal from work | 47 |
Marital reconciliation | 45 |
Retirement | 45 |
Change in health of family member | 44 |
Pregnancy | 40 |
Sexual difficulties | 39 |
Gain a new family member | 39 |
Business readjustment | 39 |
Change in financial state | 38 |
Death of a close friend | 37 |
Change to different line of work | 36 |
Change in frequency of arguments | 35 |
Major mortgage | 32 |
Foreclosure of mortgage or loan | 30 |
Change in responsibilities at work | 29 |
Child leaving home | 29 |
Trouble with in-laws | 29 |
Outstanding personal achievement | 28 |
Spouse starts or stops work | 26 |
Begin or end school | 26 |
Change in living conditions | 25 |
Revision of personal habits | 24 |
Trouble with boss | 23 |
Change in working hours or conditions | 20 |
Change in residence | 20 |
Change in schools | 20 |
Change in recreation | 19 |
Change in church activities | 19 |
Change in social activities | 18 |
Minor mortgage or loan | 17 |
Change in sleeping habits | 16 |
Change in number of family reunions | 15 |
Change in eating habits | 15 |
Vacation | 13 |
Christmas | 12 |
Minor violation of law | 11 |
Score of 150-299+: Risk of illness is moderate (reduced by 30% from the above risk).
Score 150-: Only have a slight risk of illness.
Recommended methods for relieving chronic stress include exercise (which can be modified to accommodate physical restrictions after an injury), meditation, music therapy, breathing techniques, and such simple things as companionship - from a pet, friend or family member.
Friday, October 17, 2014
Death Toll Linked to G.M. Defect Reaches 27
The death toll linked to General Motors’ defective ignition switch has now more than doubled from the company’s original estimate. Twenty-seven wrongful death claims filed to the company’s victim compensation program have been deemed eligible for payment, according to a weekly update posted on the program’s website on Monday. For months after it began recalling cars with the faulty switch, G.M. estimated that 13 people had died in accidents linked to the defect, though executives held out the possibility that the number could rise. G.M. has given Kenneth R. Feinberg, the victim compensation expert who is running the company’s payment program, sole discretion to determine the number of eligible claims for deaths and injuries associated with the faulty switch — a flaw that can cause power to cut out in a moving car, disabling air bags, power steering and power brakes. This year, G.M. has recalled 2.6 million cars that could have the faulty switch defect, more than a decade after engineers inside the company first spotted a problem. As of Friday, the Feinberg program had received a total of 1,371 claims, 178 of them for wrongful deaths, and had accepted a total of 52 claims for payment. Many of the others are still under review, awaiting further evidence. Some have been rejected, though the fund did not report how many. |
….
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.
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Sunday, November 13, 2016
Weighing Genetic Factors in Cardiovascular Cases
Cardiovascular cases involving occupational risks are complicated causation proof issues in workers' compensation cases. The association of the work exposure and/or effort is usually a challenging proof battle where literature and medical experts are caught in a contentious duel.
Friday, November 18, 2011
Claim Permitted Against Employer For Concealment of Chemical Dangers
A Federal Court permitted a claim a claim by the estate of a former worker to advance against an his employer despite the exclusivity bar of the workers compensation act. The employer had not warned the employee of the potential deadly side effects of pesticides.
In satisfying the two prong (conduct and context) NJ test for an intentional tort against an employer, the employee's estate set forth that the employer had intentionally and fraudulently concealed information of the hazardous nature of the chemicals and substances that the employee worked with as an exterminator.
The employee, who applied pesticides for 11 years, was not furnished with adequate safety equipment and was not provided with warning materials available to the employer.
The court held that employer's conduct was substantially certain to cause injury or death. The estate filed a certification substantiating the events surrounding the exposure and death; material Safety Data Sheets; and expert reports. Where the conduct of the employer is actively misleading and illness and death were substantially certain to occur the employ can be held liable.
Where the conduct of the employer in not protecting the employee is more than a fact of industrial life and is "plainly beyond anything the Legislature intended the Workers' Compensation Act to immune," the compensation act is not an exclusive remedy against the employer.
The Court held that the employer "understood the hazardous nature of the chemicals but failed to provide the decedent with the equipment necessary to ensure his safety. ".... the employer turned a "blind eye to the risks inherent chemical in the use of the chemicals" and went as far as hiding those risks so that the employee was not aware of their existence. "Concealment is hardly an expected fact of life in industrial
employment."
Click Here For Complete Decision: Blackshear v. Syngenta Crop Protection, Inc., Civ. Action No. 10-3585 (KSH) (USDCT - NJ 2011)
In satisfying the two prong (conduct and context) NJ test for an intentional tort against an employer, the employee's estate set forth that the employer had intentionally and fraudulently concealed information of the hazardous nature of the chemicals and substances that the employee worked with as an exterminator.
The employee, who applied pesticides for 11 years, was not furnished with adequate safety equipment and was not provided with warning materials available to the employer.
The court held that employer's conduct was substantially certain to cause injury or death. The estate filed a certification substantiating the events surrounding the exposure and death; material Safety Data Sheets; and expert reports. Where the conduct of the employer is actively misleading and illness and death were substantially certain to occur the employ can be held liable.
Where the conduct of the employer in not protecting the employee is more than a fact of industrial life and is "plainly beyond anything the Legislature intended the Workers' Compensation Act to immune," the compensation act is not an exclusive remedy against the employer.
The Court held that the employer "understood the hazardous nature of the chemicals but failed to provide the decedent with the equipment necessary to ensure his safety. ".... the employer turned a "blind eye to the risks inherent chemical in the use of the chemicals" and went as far as hiding those risks so that the employee was not aware of their existence. "Concealment is hardly an expected fact of life in industrial
employment."
Click Here For Complete Decision: Blackshear v. Syngenta Crop Protection, Inc., Civ. Action No. 10-3585 (KSH) (USDCT - NJ 2011)
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.
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Saturday, October 13, 2018
First Responder Workers' Compensation Benefits Bill Advances
A public hearing of a bill (A1741 and S716) advancing workers' compensation benefits for first responders will be held on October 18, 2018 at 10:00 am Committee Room 15, 4th Floor, State House Annex, Trenton, NJ.
This bill creates a rebuttable presumption of workers’ compensation coverage for public safety workers and other employees in certain circumstances. The bill affirms that if, in the course of employment, a public safety worker is exposed to a serious communicable disease or a biological warfare or epidemic-related pathogen or biological toxin, all care or treatment of the worker, including services needed to ascertain whether the worker contracted the disease, shall be compensable under workers' compensation, even if the worker is found not to have contracted the disease.
Wednesday, January 28, 2015
Looking Back: Nellie Kershaw-The First Reported Asbestos Victim
Nellie Kershaw (c. 1891 – 14 March 1924)
Today's post is shared from wikipedia.org/Nellie Kershaw was an English textile worker from Rochdale, Greater Manchester. Her death due to pulmonary asbestosis was the first such case to be described in medical literature, and the first published account of disease attributed to occupational asbestos exposure.[1][2] Before his publication of the case in the British Medical Journal, Dr William Edmund Cooke had already testified at Kershaw's inquest that "mineral particles in the lungs originated from asbestos and were, beyond reasonable doubt, the primary cause of the fibrosis of the lungs and therefore of death".[3] Her employers, Turner Brothers Asbestos, accepted no liability for her injuries, paid no compensation to her bereaved family and refused to contribute towards funeral expenses as it "would create a precedent and admit responsibility".[4] She was buried in an unmarked pauper's grave.[5] The subsequent inquiries into her death led to the publication of the first Asbestos Industry Regulations in 1931. Nellie Kershaw was born to Elizabeth and Arthur Kershaw in Rochdale in 1891. In 1903 she left school, aged 12, to take up employment in a cotton mill and 5 months later began working at Garsides asbestos mill.[1][2] She transferred to Turner Brothers Asbestos on 31 December 1917, where she was employed as a rover, spinning raw asbestos fibre into yarn.[2][6] She was married to Frank Kershaw, a... |
Friday, August 22, 2014
SeaWorld Won't Appeal Ban On Trainers Performing With Orcas
SeaWorld has decided not to appeal a court ruling that prohibits its trainers from performing with killer whales, the Orlando Sentinel reports, citing a filing with the Securities and Exchange Commission. The legal battle has lasted for years, beginning with the death of trainer Dawn Brancheau by an orca named Tilikum in 2010. As we reported after the incident, the Occupational Safety and Health Administration fined SeaWorld $75,000 and kept trainers from performing alongside orcas. At the time, SeaWorld contested OSHA's conclusion. This past April, a U.S. Court of Appeals in Washington, D.C., upheld that citation. SeaWorld has taken a lot of heat for its use of orcas for entertainment, particularly after the 2013 documentary Blackfish, which featured Tilikum. Since Brancheau's death in 2010, SeaWorld has taken steps to improve safety for trainers. As NBC 6 in South Florida reports, it "has implemented new safety protocols and equipment for trainers, including an investment of $70 million in lifting floors in the pools that could quickly isolate whales." SeaWorld announced Aug. 15 that it would be creating bigger "living spaces" for the whales, the first of which will be at SeaWorld San Diego and is scheduled to open in 2018. The... |
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- SeaWorld Safety Investigation Expanded by OSHA (workers-compensation.blogspot.com)
- NJ Workers' Compensation Judge Looses Her Own Case (workers-compensation.blogspot.com)
- Cal/OSHA fines aviation company in death of LAX baggage worker (workers-compensation.blogspot.com)
Friday, December 19, 2014
Designed in Cupertino: Apple under fire again for working conditions at Chinese factories
Holding US companies accountable for unsafe working conditions abroad is a major challenge. Does cheap labor equate to poor working conditions? Is China more interested in providing an abundance of jobs than a safe workplace as and more immigrants flock to the cities every year for work?Ares cheap and unsafe labor conditions really a political tool as a defense to revolution? Today's post is shared from theguardian.com/ Workers in Chinese factories making Apple products continue to be poorly treated, with exhausted employees falling asleep on their 12-hour shifts, the BBC has said after an undercover investigation. Reporters who took jobs at the Pegatron factories found workers regularly exceeded 60 hours a week – contravening the company’s guidance – and that standards on ID cards, dormitories, work meetings and juvenile workers were also breached. The broadcaster said promises made by Apple to protect workers in the wake of a spate of suicides at supplier Foxconn in 2010 were “routinely broken”. Apple said that it disagreed with the BBC’s conclusions. The BBC filmed a health and safety exam at a Pegatron factory in which workers chanted out answers in unison, meaning there was little chance of failing. The footage also appeared to show workers had no choice to opt out of doing night shifts or working while standing. One reporter had to work 18 days in a row despite repeated requests for a day off, the BBC reported. In response to the programme, Apple told the BBC: “We are aware of no other company doing as much as Apple to ensure fair and safe working conditions. “We work with suppliers to address shortfalls, and we see continuous and significant improvement, but we know our work is never done.” The company said it was common for workers to sleep during breaks but it would investigate whether they were falling asleep while working. It said it... |
Read more about Apple and safety and health
Dec 13, 2013
Death of Apple factory workers highlight safety, underage issues ... Pegatron and Apple said their investigations indicated that the deaths weren't linked to work conditions. In response to Shi's death, Apple last month sent ...
Jun 13, 2013
Transportation accidents account for a high proportion of work-related fatalities, and Apple's announcement with week of increasing the access of iCar-Technology into the automobile is raising serious concerns among safety ...
Jan 18, 2013
In a turn of fate, the company who anufatures football safety gear has itself been sited for serious safety vilations at its own manufacturing facilities. The apple certainly doesn't fall far from the tree. The U.S. Department of ...
Jan 18, 2012
The recently released annual Apple Supplier Report discusses production safety and health issues of Apple's global international suppliers. Admitting many problems including health and safety violations, including an ...
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- Apple 'failing to protect workers' (bbc.co.uk)
Tuesday, November 5, 2013
Three Known Causes of Death: Lead Paint, Asbestos, and PowerPoints!
Three known causes of premature human death are exposure to lead paint, asbestos, and PowerPoint presentations. The frightening reality is only two of these have been forcefully removed from our everyday lives. Many organizations still use PowerPoint presentations to communicate strategies with the hope of building understanding, while developing ownership and commitment. Some leaders even have the outlandish hope of creating enthusiasm and excitement. This is a flawed expectation, given the reality that people will tolerate the conclusions of their leaders, but will only act on their own. If people don’t change their conclusions about the business and their role in it, they will not change their actions to bring the new ideas to life. Dressing up the conclusions of leaders in a colorful deck does little to mobilize people to change.
People will tolerate the conclusions of their leaders, but will only act on their own
The key is creating a way for people to think together about the strategic imperatives for the business and challenging their current assumptions and beliefs about what will make it successful in the future. The role and goal is not to communicate new strategic acronyms, but to translate the strategic business buzzwords into shared meaning through dialogue, inquiry, and synthesis. Here are three tips that can help in avoiding the death-by-PowerPoint approach to strategy execution through people.
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Friday, November 25, 2011
OSHA fines Paterson, NJ, company $126,000 for failing to guard machines and exposing workers to fall and electrical hazards
The U.S. Department of Labor's Occupational Safety and Health Administration has cited Supply Plus NJ Inc. of Paterson, NJ, with one willful, 25 serious and two other-than-serious safety violations in response to a complaint alleging imminent danger for failing to guard machines and exposing workers to fall and electrical hazards at the company's Paterson facility. Proposed penalties total $126,000.
A May inspection revealed one willful violation, with a $42,000 penalty, for failing to provide machine guarding. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
The serious violations, with $84,000 in penalties, include failing to keep work areas and passageways free of litter; provide guardrail protection, guard machines and electrical boxes; provide an eyewash station; provide personal protective equipment for workers handling chemicals; provide industrial truck and hazardous communication training; ensure exit routes were unobstructed and visibly marked; make sure exit doors could open properly; cover electrical panel boards supplying power for equipment and lighting; properly use flexible cords; implement a lockout/tagout program for energy sources to prevent machines from accidentally starting up during servicing and maintenance; perform workplace hazards assessment and develop a written hazardous communication program. 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.
The other-than-serious violations, which carry no penalty, are due to record-keeping violations. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
"Each of these violations left workers vulnerable to hazards that could cause serious injuries or quite possibly death," said Lisa Levy, OSHA's area director in Hasbrouck Heights. "It's vital that Supply Plus correct these hazards to protect its workers."
The citations can be viewed at http://www.osha.gov/ooc/citations/SupplyPlusNJInc._314678012_and_314678376_1117_11.pdf*.
Supply Plus, a sponge processing company employing about 40 workers at its Paterson location, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties 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 Hasbrouck Heights office at 201-288-1700.
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.
A May inspection revealed one willful violation, with a $42,000 penalty, for failing to provide machine guarding. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
The serious violations, with $84,000 in penalties, include failing to keep work areas and passageways free of litter; provide guardrail protection, guard machines and electrical boxes; provide an eyewash station; provide personal protective equipment for workers handling chemicals; provide industrial truck and hazardous communication training; ensure exit routes were unobstructed and visibly marked; make sure exit doors could open properly; cover electrical panel boards supplying power for equipment and lighting; properly use flexible cords; implement a lockout/tagout program for energy sources to prevent machines from accidentally starting up during servicing and maintenance; perform workplace hazards assessment and develop a written hazardous communication program. 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.
The other-than-serious violations, which carry no penalty, are due to record-keeping violations. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
"Each of these violations left workers vulnerable to hazards that could cause serious injuries or quite possibly death," said Lisa Levy, OSHA's area director in Hasbrouck Heights. "It's vital that Supply Plus correct these hazards to protect its workers."
The citations can be viewed at http://www.osha.gov/ooc/citations/SupplyPlusNJInc._314678012_and_314678376_1117_11.pdf*.
Supply Plus, a sponge processing company employing about 40 workers at its Paterson location, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties 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 Hasbrouck Heights office at 201-288-1700.
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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Monday, December 30, 2013
Global cancer burden rises to 14.1 million new cases in 2012: Marked increase in breast cancers must be addressed
The International Agency for Research on Cancer (IARC), the specialized cancer agency of the World Health Organization, today released the latest data on cancer incidence, mortality, and prevalence worldwide.1 The new version of IARC’s online database, GLOBOCAN 2012, provides the most recent estimates for 28 types of cancer in 184 countries worldwide and offers a comprehensive overview of the global cancer burden.
GLOBOCAN 2012 reveals striking patterns of cancer in women and highlights that priority should be given to cancer prevention and control measures for breast and cervical cancers globally.
Global burden rises to 14.1 million new cases and 8.2 million cancer deaths in 2012
According to GLOBOCAN 2012, an estimated 14.1 million new cancer cases and 8.2 million cancer-related deaths occurred in 2012, compared with 12.7 million and 7.6 million, respectively, in 2008. Prevalence estimates for 2012 show that there were 32.6 million people (over the age of 15 years) alive who had had a cancer diagnosed in the previous five years.
The most commonly diagnosed cancers worldwide were those of the lung (1.8 million, 13.0% of the total), breast (1.7 million, 11.9%), and colorectum (1.4 million, 9.7%). The most common causes of cancer death were cancers of the lung (1.6 million, 19.4% of the total), liver (0.8 million, 9.1%), and stomach (0.7 million, 8.8%).
Projections based on the GLOBOCAN 2012 estimates predict a substantive increase to 19.3 million new cancer cases per year by 2025, due to growth and ageing of the global population. More than half of all cancers (56.8%) and cancer deaths (64.9%) in 2012 occurred in less developed regions of the world, and these proportions will increase further by 2025.
Sharp rise in breast cancer worldwide
In 2012, 1.7 million women were diagnosed with breast cancer and there were 6.3 million women alive who had been diagnosed with breast cancer in the previous five years. Since the 2008 estimates, breast cancer incidence has increased by more than 20%, while mortality has increased by 14%. Breast cancer is also the most common cause of cancer death among women (522 000 deaths in 2012) and the most frequently diagnosed cancer among women in 140 of 184 countries worldwide. It now represents one in four of all cancers in women.
“Breast cancer is also a leading cause of cancer death in the less developed countries of the world. This is partly because a shift in lifestyles is causing an increase in incidence, and partly
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