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

Saturday, January 9, 2016

Insurance Company Plans to Track Movements of Workers In The Name Of Safety

A major workers’ compensation insurance carrier is planning to “tag” workers with individual movement trackers in the name of safety. Privacy issues were not addressed in the announcement.

American International Group, Inc. (NYSE:AIG) today announced a strategic investment in Human Condition Safety (HCS), an early-stage technology startup company developing wearable devices, analytics, and systems to improve worker safety.

Wednesday, June 27, 2012

Willful OSHA Violation Alone Not Enough Alone to Circumvent the Exclusivity Doctrine




"New Jersey’s Workers’ Compensation Act (the Act), N.J.S.A. 34:15-1 to -128.5, provides a prompt and efficient remedy for an employee’s claim against an employer for a workplace injury. The Legislature made the statutory workers’ compensation remedy  its preferred mechanism for providing compensation to injured  workers......Based on the strong legislative preference for the workers’ compensation remedy and an intentional-wrong standard that even an employer’s recklessness and gross negligence fails  to satisfy, we hold that this matter falls short of demonstrating that an intentional wrong creating substantial certainty of bodily injury or death occurred. " Justice LaVecchia

A finding of a willful OSHA violation is not conclusive in determining whether the employer committed an intentional wrong for the purposes of the Workers' Compensation Act. Instead, it is one factor among the totality of circumstances to be considered. The issuance of a willful OSHA violation against employer (trench collapse injury) was insufficient to defeat a motion for summary judgment, so the Court examined the totality of the circumstances of the accident and applies the conduct and context prongs of the substantial-certainty standard.

In reviewing the substantial certainty of injury prong of the dual test to determine employer liability beyond workers' compensation, the court distinguished this case from all prior decisions by relying upon the fact that the employer did not intentionally remove a safety device. Noting that the employer's actions in this circumstance, failure to have a proper trench preventing collapse system in place, where the soil was poor in violation of OSHA provisions, did not eliminate the exclusivity of remedy. The court specifically indicated that an employer should not be mearly penalized for actions taken for economic business motivation.

Furthermore, the high threshold of the content prong of the test was not satisfied the court enunciate. "...The type of mistake in judgment by the employer and ensuing employee accident that occurred on this construction site was so far outside the bounds of industrial life has never to become contemplated for inclusion in the Act's exclusively bar," ie. mere violation of an OSHA safety requirements.

Wednesday, September 12, 2012

Health Care Continues to Eat Away at Employee Earnings

Family Health Premiums Rise 4 Percent to Average $15,745 in 2012, National Benchmark Employer Survey Finds


Throughout the nation Workers' Compensation systems have been impacted by health care costs that now take a large piece of the premium dollar. Traditional health care offered by employers mirrors the same problem of economic stress. Running two parallel systems creates added costs and  delays the delivery of medical care. The recent Kaiser Survey just released for 2012 reports that costs in the health care field continue to outpace employee compensation. 

Annual premiums for employer-sponsored family health coverage reached $15,745 this year, up 4 percent from last year, with workers on average paying $4,316 toward the cost of their coverage, according to the Kaiser Family Foundation/Health Research & Educational Trust (HRET) 2012 Employer Health Benefits Surveyreleased today.

This year’s premium increase is moderate by historical standards, but outpaced the growth in workers’ wages (1.7 percent) and general inflation (2.3 percent). Since 2002, premiums have increased 97 percent, three times as fast as wages (33 percent) and inflation (28 percent).

“In terms of employee insurance costs, this year’s 4 percent increase qualifies as a good year, but it still takes a growing bite out of middle-class workers’ wages, which have been flat or falling in real terms,” Kaiser President and CEO Drew Altman, Ph.D. said.

“Premium growth is at historic lows, which greatly benefits workers. Continuing to ensure that Americans have coverage options that are affordable is vitally important for our nation’s health,” said Maulik Joshi, Dr.P.H., president of HRET and senior vice president for research at the American Hospital Association.

The 14th annual Kaiser/HRET survey of more than 2,000 small and large employers provides a detailed picture of trends in employer-sponsored health insurance costs and coverage. In addition to the full report and summary of findings being released today, the journal Health Affairs is publishing a Web First article with select findings, and Dr. Altman authored a “Pulling It Together” column reflecting on this year’s results.

The survey reveals significant differences in the benefits and worker contributions toward family premiums between firms with many lower-wage workers (at least 35 percent of workers earn $24,000 or less a year) and firms with many higher-wage workers (at least 35 percent of their workers earn $55,000 or more a year).

Workers at lower-wage firms on average pay $1,000 more each year out of their paychecks for family coverage than workers at higher-wage firms ($4,977 and $3,968, respectively). This occurs even though the firms with many lower-wage workers on average pay less in total premiums for family coverage than firms with many higher-wage workers ($14,694 and $16,427, respectively).

In addition, workers at lower-wage firms are also more likely to face high deductibles than those at higher-wage firms. Specifically, 44 percent of covered workers at firms with many low-wage workers face an annual deductible of $1,000 or more, compared with 29 percent of those at firms with many high-wage workers. Across all employers, a third of covered workers (34 percent) face a deductible of that size, including 14 percent with deductibles of at least $2,000 annually.

“This year’s survey suggest that working families at the low end of the wage scale face significant out of pocket costs for coverage,” said study lead author Gary Claxton, a Kaiser Vice President and director of the Foundation’s Health Care Marketplace Project. “Firms with many lower-wage workers ask employees to pay more out of pocket than firms with many higher-wage workers even though the coverage itself tends to be less comprehensive.”

Health Reform and Employers

The survey estimates that 2.9 million young adults are currently covered by employer plans this year as a result of a provision in the 2010 Affordable Care Act that allows young adults up to age 26 without employer coverage of their own to be covered as dependents on their parents’ plan. That’s up from the 2.3 million in the 2011 survey. Young adults historically have been more likely to be uninsured than any other age group.

The survey also finds that 48 percent of covered workers are in “grandfathered” plans as defined under health reform, down from 56 percent last year. Grandfathered plans are exempted from some health reform requirements, including covering preventive benefits with no cost sharing and having an external appeals process. To retain this status, employers must not make significant changes to their plans to reduce benefits or increase employee costs.

Employer Expectations for 2013

In addition to the comprehensive survey conducted in the spring, employers were asked in August whether they had information about the change in premiums (or total cost for self-funded plans) for their current health plan with the largest enrollment. The average increase reported by employers who had received information for their current plan is 7 percent.

These early reports may not match what employers and workers ultimately end up paying next year, as firms can raise deductibles or otherwise change the health benefits and plans they offer to lower premiums. This year, for example, more than half (54 percent) of employers who offer health benefits reported that they had shopped around for new coverage. Of that group, significant shares switched carriers (18 percent) or changed the type of plans they offer (27 percent).

Other findings from the study include:
Worker-only coverage. Premiums for worker-only health coverage increased 3 percent in 2012 to reach $5,615 annually. Workers on average pay $951 toward this coverage.
Offer rate. This year, 61 percent of firms offer health benefits to their workers – statistically unchanged from last year. 

Cost-sharing for office visits, emergency care and drugs. Covered workers facing co-payments for in-network physician office visits on average pay $23 for primary care and $33 for specialty care. For emergency-room visits, average co-pays are $118. For drug plans with three or more tiers, average co-pays are $10 for generic drugs, $29 for preferred brand-name drugs, $51 for non-preferred brand-name drugs, and $79 for specialty drugs.
Domestic partner benefits. In 2012, 31 percent of employers offer health benefits to same-sex domestic partners, up from 21 percent three years earlier. This year 37 percent of firms offer such benefits to unmarried opposite-sex partners, up from 31 percent in 2009.
Flexible Spending Accounts and Pre-Tax Premiums. Large employers are more likely than small ones to allow workers to pay their share of premiums with pre-tax income (91 percent, compared to 41 percent) and to contribute pre-tax dollars to Flexible Spending Accounts (76 percent, compared to 17 percent).

Now in its 14th year, the survey is a joint project of the Kaiser Family Foundation and the Health Research & Educational Trust. The survey was conducted between January and May of 2012 and included 3,326 randomly selected, non-federal public and private firms with three or more employees (2,121 of which responded to the full survey and 1,205 of which responded to a single question about offering coverage). A research team at Kaiser, HRET and NORC at the University of Chicago, led by Kaiser’s Gary Claxton, designed, conducted and analyzed the survey. For more information on the survey methodology, please visit the Survey Design and Methods Section at http://ehbs.kff.org.
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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.

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NIOSH (The National Institute for Occupational Health and Safety) has published a booklet to educate Home Healthcare Workers about preventing latex allergies. Latex products are made from natural rubber, and sensitivity...

Sunday, January 12, 2014

OSHA will hold live Web chat on its proposed silica rule

The U.S. Department of Labor's Occupational Safety and Health Administration will host a live Web chat to discuss the agency's proposed rule on occupational exposure to respirable crystalline silica from 1 p.m. - 3:30 p.m. EST, Tuesday, Jan. 14. Visit http://www.osha.gov/silica/webchat.html to participate.

The Web chat will provide participants the opportunity to ask questions, get clarification from OSHA on the proposed silica rule and learn how to participate in the regulatory process. OSHA staff will be available to clarify the proposed standards related to silica for general industry, maritime and construction. Staff will also answer questions on OSHA's underlying analysis of health risks, potential costs and benefits, and economic impacts associated with the proposed rule and how to submit comments to the rulemaking record.

The deadline to submit written comments and testimony on the proposal is Monday, Jan. 27. Members of the public may submit comments by visiting http://www.regulations.gov.

Additional information on the proposed rule can be found at http://www.osha.gov/silica.

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 www.osha.gov.

Thursday, May 29, 2014

Reports of Worker Fatalities during Flowback Operations

John Snawder, Ph.D, DABT; Eric Esswein, MSPH, CIH; Bradley King, MPH, CIH; Michael Breitenstein, BS; Marissa Alexander-Scott, DVM, MS, MPH; Kyla Retzer, MPH; Max Kiefer, MS,CIH and Ryan Hill, MPH.



Although worker safety hazards in the oil and gas extraction industry are well known, there is very little published data regarding occupational health hazards (e.g., types and magnitude of risks for chemical exposures) during oil and gas extraction operations. To address the lack of information, NIOSH requests assistance from oil and gas stakeholders in further characterizing risks for chemical exposures during flowback operations and, as needed, develop and implement exposure controls. This blog briefly describes flowback operations and addresses reports made known to NIOSH of recent worker fatalities related to or located at flowback operations.

Worker Fatalities



NIOSH learned about several worker fatalities associated with flowback operations through media reports, officials with the Occupational Safety and Health Administration (OSHA), and members of the academic community. According to our information, at least four workers have died since 2010 from what appears to be acute chemical exposures during flowback operations at well sites in the Williston Basin (North Dakota and Montana). While not all of these investigations are complete, available information suggests that these cases involved workers who were gauging flowback or...
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Thursday, November 28, 2013

Very High Blood Lead Levels Among Adults — United States, 2002–2011

Over the past several decades there has been a remarkable reduction in environmental sources of lead, improved protection from occupational lead exposure, and an overall decreasing trend in the prevalence of elevated blood lead levels (BLLs) in U.S. adults. As a result, the U.S. national BLL geometric mean among adults was 1.2 µg/dL during 2009–2010 (1).

Nonetheless, lead exposures continue to occur at unacceptable levels (2). Current research continues to find that BLLs previously considered harmless can have harmful effects in adults, such as decreased renal function and increased risk for hypertension and essential tremor at BLLs µg/dL (3–5). CDC has designated 10 µg/dL as the reference BLL for adults; levels ≥10 µg/dL are considered elevated (2).

CDC's Adult Blood Lead Epidemiology and Surveillance (ABLES) program tracks elevated BLLs among adults in the United States (2).

In contrast to the CDC reference level, prevailing Occupational Safety and Health Administration (OSHA) lead standards allow workers removed from lead exposure to return to lead work when their BLL falls below 40 µg/dL (6). During 2002–2011, ABLES identified 11,536 adults with very high BLLs (≥40 µg/dL).

Persistent very high BLLs (≥40 µg/dL in ≥2 years) were found among 2,210 (19%) of these adults. Occupational exposures accounted for 7,076 adults with very high BLLs (91% of adults with known exposure source) and 1,496...
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Thursday, January 26, 2012

EPA Issues Annual Report on Chemicals Released Into Land, Air and Water in New Jersey

The U.S. Environmental Protection Agency  issued its 25th annual report on the amount of toxic chemicals released in 2010 to the land, air and water by industrial facilities in New Jersey. The Toxics Release Inventory (TRI) report covers 411 New Jersey facilities that are required to report their releases to the EPA. Total releases of chemicals in New Jersey were higher in 2010 than in 2009. A significant portion of the 2009-2010 increase was due to increases in wastewater being discharged from the DuPont Chambers Works, Conoco Phillips and Paulsboro Refining Co. LLC.

“Transparency is a powerful tool,” said EPA Regional Administrator Judith A. Enck. “The Toxics Release Inventory allows the public and policymakers to better understand the pollutants released to our air, water and land each year and gives them the information they need to take action in their communities. The data that was released is a reminder of how important TRI has been in helping us create a healthier environment, and the work still needed to be done to reduce industrial pollution.”

Last year marked the 25th Anniversary of the Toxic Release Inventory. In 1986, New Jersey Senator Frank R. Lautenberg authored the legislation that established TRI, which was signed into law as part of the Emergency Planning and Community Right-to-Know Act. Since that time, TRI data has been provided to the public annually to inform the public about the chemicals present in their local environment and gauge environmental trends over time. The inventory contains the most comprehensive information about chemicals released into the environment reported annually by certain industries and federal facilities. Many of these facilities are required to install and maintain pollution controls to meet the limits on pollution set forth in their permit.

Facilities must report their toxic chemical releases by July 1 of each year. EPA made a preliminary set of data for 2010 available in July 2011, the month the reported data was collected. Nationally, over 20,000 facilities reported on approximately 650 chemicals for calendar year 2010.

EPA has improved this year’s TRI national analysis report by adding new information on risks, facility efforts to reduce pollution and details about how possible economic impacts could affect TRI data. With this report and EPA’s Web-based TRI tools, the public can access information about the disposals and releases of toxic chemicals into the air, water, and land that occur in their communities.

To view an area fact sheet, visit: http://www.epa.gov/triexplorer/statefactsheet.htm

Wednesday, October 30, 2013

Leaked documents reveal the secret finances of a pro-industry science group

As the judicial system is bombarded with evidential scientific research in order to ascertain the truth, the research process itself is subject to being influenced. Today's post is shared from MotherJones.org and describes what happens when so-called "independent research" becomes tainted.

The American Council on Science and Health bills itself as an independent research and advocacy organization devoted to debunking "junk science." It's a controversial outfit—a "group of scientists…concerned that many important public policies related to health and the environment did not have a sound scientific basis," it says—that often does battle with environmentalists and consumer safety advocates, wading into public health debates to defend fracking, to fight New York City's attempt to ban big sugary sodas, and to dismiss concerns about the potential harms of the chemical bisphenol-A (better known at BPA) and the pesticide atrazine.

The group insists that its conclusions are driven purely by science. It acknowledges that it receives some financial support from corporations and industry groups, but ACSH, which reportedly stopped disclosing its corporate donors two decades ago, maintains that these contributions don't influence its work and agenda.

corporate researchYet internal financial documents (read them here) provided to Mother Jones show that ACSH depends heavily on funding from corporations that have a financial stake in the scientific debates it aims to shape.

The group also directly solicits donations from these industry sources around specific issues. ACSH's financial links to corporations involved in hot-button health and safety controversies have been highlighted in the past, but these documents offer a more extensive...
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Tuesday, October 29, 2013

Updates on America's Persistent Air and Water Pollution Challenges


The dirty little secret in the US is that pollution continues of the nation's air and water supply. Today's post is shared from nytimes.com.

Houston cloaked in a haze of pollution on Oct. 23, 2013. Sources range from cars to oil and gas installations and refineries.
Andrew C. RevkinHouston cloaked in a haze of pollution on Oct. 23, 2013. Sources range from cars to oil and gas installations and refineries.
Houston cloaked in a haze of pollution on Oct. 23, 2013. Sources range from cars to oil and gas installations and refineries.Air and water problems mainly make headlines these days when extraordinary pulses of pollution surge in places like Beijing and Shanghai. But there are still enormous, if largely hidden, health and environmental costs in many parts of the United States that have failed to meet the goals set decades ago under the Clean Air Act and Clean Water Act (e.g., see Muller, Mendelsohn, Nordhaus, 2011). Sometimes the issue is visible. I visited Houston briefly this week and snapped the photo above on the airport approach. Not pretty.
Read on for excerpts from two relevant articles. The first, from the Allegheny Front, explores how lessons learned in trying to cut pollution from natural gas facilities in Houston can be applied in Pennsylvania’s fracking zone. The second, by my Pace University colleague and longtime water analyst John Cronin, digs in on the gap between Environmental Protection Agency statements on water pollution and the results in America’s waterways.
Here’s “Houston Air Pollution: Preview for Pennsylvania?” It’s the second article in a planned four-part series, “The Coming Chemical Boom,” that was in part paid for by the Fund for Investigative Journalism.
...
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Wednesday, September 24, 2014

Climate Change: A Factor Escalating Compensable Conditions

Global climate change is anticipated to cause an increase in adverse medical conditions and will ultimately impact work-related medical conditions and diseases. A recent report in the Journal of the American Medical Association (JAMA) discuses the anticipated escalation.

"Evidence over the past 20 years indicates that climate change can be associated with adverse health outcomes. Health professionals have an important role in understanding and communicating potential health concerns related to climate change, as well as the cobenefits from burning less fossil fuels."

"By 2050, many US cities may experience more frequent extreme heat days. For example, New York and Milwaukee may have 3 times their current average number of days hotter than 32°C (90°F). The adverse health aspects related to climate change may include heat-related disorders, such as heat stress and economic consequences of reduced work capacity; and respiratory disorders, including those exacerbated by fine particulate pollutants, such as asthma and allergic disorders; infectious diseases, including vectorborne diseases and water-borne diseases, such as childhood gastrointestinal diseases; food insecurity, including reduced crop yields and an increase in plant diseases; and mental health disorders, such as posttraumatic stress disorder and depression, that are associated with natural disasters. Substantial health and economic cobenefits could be associated with reductions in fossil fuel combustion. For example, the cost of greenhouse gas emission policies may yield net economic benefit, with health benefits from air quality improvements potentially offsetting the cost of US carbon policies.

Climate Change Challenges and Opportunities for Global Health, AMA. Published online September 22, 2014. doi:10.1001/jama.2014.13186

Click here to read the entire article.

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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.

Monday, November 25, 2013

Workers Compensation For Firefighters Discussed

The Kentucky Association of Firefighters is backing legislation that presumes full-time firefighters who develop cancer got it on the job and would be eligible to collect workers compensation.
Representatives of the organization made their case in Frankfort on Thursday (Nov. 21) before House and Senate members of the Interim Joint Committee on Labor and Industry.
They were joined by Doctor Virginia Weaver, a physician and professor of Occupational Medicine at Johns Hopkins University. She says the National Institute for Occupational Safety and Health is doing some important research on the hazards of firefighting.
“They’re looking at firefighters from three major cities in the U.S., comparing risk for cancer in firefighters with the general U.S. public, and found an increased overall risk for all cancer, an increased individual risk focused in the digestive tract and the respiratory tract.” –Virginia Weaver
The bill that’s being proposed in Kentucky would only apply to professional firefighters who’ve been on the job at least five years. It would also exclude those who smoke. 
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Saturday, December 27, 2014

Christie, Cuomo veto N.J.-N.Y. Port Authority overhaul

Today's post os shared from northjersey.com
The governors of New Jersey and New York late Saturday vetoed legislation passed unanimously by each state's legislature to overhaul the operations of the Port Authority, and instead endorsed their own plan to revamp the troubled bistate agency.
New York Gov. Andrew Cuomo, a Democrat, had until Saturday to take action on the legislation, which needed the signature of each state's governor.
About 6 p.m., Cuomo and Gov. Christie, a Republican, jointly released and endorsed a 103-page report compiled by a special panel the governors convened in May in the aftermath of the George Washington Bridge scandal, which laid bare cross-Hudson rivalries among leaders of the Port Authority of New York and New Jersey.
Christie and Cuomo proposed changes to the authority's governance structure and recommended modernizing its commerce facilities, among other ideas.
Their actions were immediately criticized by New Jersey lawmakers who said the vetoes wrongly delayed an overhaul of an agency that has come under penetrating scrutiny since January, when documents surfaced linking two former Christie allies to the lane closures at the center of the bridge scandal.
The U.S. Attorney's Office in Newark is investigating the September 2013 lane closures, which snarled traffic...
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Saturday, December 14, 2013

When Life Goes On, and On ...

The debate over a longer lifespan confronts many issued including medical costs, insurance coverage and quality of life. Workers' Compensation programs pay for lifetime care also in most instances. Today's post is shared from the NYTimes.org  .
To the Editor:
Re “On Dying After Your Time,” by Daniel Callahan (Sunday Review, Dec. 1): Mainstream aging research neither promises radical immortality nor seeks to keep old people sick longer. Aging is a driving factor in the most prevalent and costly chronic diseases. Research indicates that interventions slowing aging delay the onset of these diseases. Therefore, they extend not only life span but also health span, the disease-free and functional period of life.
Fundamentally, the goals of aging research are not dissimilar from efforts to prevent or treat Alzheimer’s or other chronic diseases in that they both seek to improve quality of life in the elderly. The difference is that interventions in aging may prevent not just one but a range of debilitating diseases simultaneously.
The reality is that the world is rapidly getting older. With baby boomers leaving the work force, there won’t be enough workers to pay the ever-increasing Medicare costs of the retired. Extending health span will lower Medicare costs and allow aging people to stay engaged.
Interventions that slow human aging will provide a powerful modality of preventive medicine: improving quality of life by keeping people...
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