While denying class action certification for a medical monitoringclass and a punitive damage class, the NJ App Div permitted an INTENTIONAL TORT action against the employer to go forward in a common law civil claim.
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 experienced upon exposure to the cold), changes inthe bones at the bones at the end of the fingers [Known asacro-osteolysis (AOL)], joint and muscle pain, and scleroderma-likeskin changes (thickening of the skin, deceased elasticity and slightedema).
Inhaled vinyl chloride has been shown to increase the risk of a rareform of liver cancer (angiosarcoma of the liver) in humans. It is classified by the Environmental Protection Agency (EPA) as a Group A, human carcinogen.
Plaintiffs represented by: Jon Gelman (NJ), Ron Simon (DC), Herschel Hobson (TX) and Mark Cuker (PA)
Decision- Buynie v. Airco Co, NJ App Div 2007, Decided August 10, 2007
See related articles:
Misleading Statements Made By Vinyl Chloride Companies Held Valid Basis for Suit
Workplace Poison
Vinyl Chloride Conspiracy Documents: Part 4 (Jun 1974 - Dec 1974)
Vinyl Chloride Plants in New Jersey
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Saturday, August 11, 2007
Wednesday, April 13, 2022
Injury Caused by Defeated Machine Guard Results in OSHA Fine of $159,522
An employee working at Crystal Finishing Systems Inc.’s aluminum extrusion facility in Weston was hospitalized with serious injuries after being struck by a puller machine while trying to unjam a piece of aluminum.
Thursday, August 7, 2014
Wilcox Farms Fatal Silo Collapse - Citations
Today's post comes from guest author Kit Case, from Causey Law Firm.
By Kit Case from Causey Law Firm
The Department of Labor & Industries (L&I) issued a press release on June 4th stating that it has cited Wilcox Farms Feedmill, Inc., of Roy for safety violations related to a fatal silo collapse last December. One worker died after he was engulfed in more than 400 tons of corn that spilled out of the silo.
Wilcox Farms issued a press release on February 12, 2014 describing the incident, the emergency response to it and how competitor farms came to the business's rescue to provide feed for the chickens in the days after the accident.
“As an employer, especially a family business, it’s the worst thing you could ever imagine happening,” said Andy Wilcox. “The fact that we weren’t able to find Steve for two days was really tough.”
Wilcox has been cited for one “willful” and two “serious” safety violations with total penalties of $67,200. The state investigation found shortcomings in how the company maintained and managed the silo, and inadequate employee training.
A serious violation exists in a workplace if there is a substantial probability that worker death or serious physical harm could result from a hazardous condition. A willful violation can be issued when L&I has evidence of plain indifference, a substitution of judgment or an intentional disregard to a hazard or rule.
The day the 60-foot tall silo collapsed, two employees were working on feedmill operations, which included discharging corn using an auger in the silo. The unloading auger was not working that day, so they opened a side discharge door to allow corn to flow onto the outer portion of the auger. During that process, the silo collapsed and 400-500 tons of corn spilled out, engulfing one worker who was unable to escape.
“Worker fatalities are tragic and preventable,” said Anne Soiza, assistant director of L&I’s Division of Occupational Safety and Health. “Our state requires all employers to provide safe and healthy workplaces. We fully expect Wilcox will correct the hazards and practices that haven’t been fixed already to ensure their employees are as safe as can be.”
Wilcox Farms has 15 working days to appeal the citation.
As part of the investigation, L&I hired an engineer to assess the structural integrity of the silo.
The investigation found four instances where Wilcox was not following proper silo operation and maintenance procedures that may have contributed to the collapse. For example, if corn is added or discharged improperly or the silo is overfilled, tons of grain could build up at an uneven rate and then suddenly shift and create instability. The four instances were:
- A side discharge system was used to unload corn instead of the manufacturer’s standard procedure of withdrawing grain from the vertical center via the auger. The side discharge system was not installed, designed or supplied by an authorized dealer or contractor.
- The silo was overfilled all the way to the roof and past the maximum fill level of one inch from the top of the vertical walls.
- The silo had been previously repaired with a patch over a rupture of the wall due to corrosion. The repair was not made with corrugated material and was not done in a way to ensure structural stability. Also, it wasn’t assessed by a structural engineer or the silo manufacturer.
- There were previous occasions during which the company had simultaneously filled the silo while it was being discharged.
L&I concluded that this was a willful violation with a proposed penalty of $56,000.
The investigation also found two serious violations with proposed penalties of $5,600 each:
- Employees weren’t trained in specific procedures and safety practices for silo operations and maintenance.
- The employer did not maintain the silos in accordance with the manufacturer’s maintenance and safety procedures.
Wilcox Farms has 15 working days to appeal the citation. For a copy of the citation, please contact L&I Public Affairs at 360-902-5673.
Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping workers and families of those who have died on the job.
Thursday, July 23, 2020
Lessons from Asbestos Litigation Apply to COVID Claims
The rapid emergence of COVID-19 creates new challenges for the nation’s patchwork of state run workplace benefit delivery systems. This paper draws a comparison between COVID claims and asbestos claims, the “Largest and Longest” wave of occupational disease claims in the United States. The comparison offers insight into avoiding past economic, administrative and benefit delivery pitfalls. The lessons from asbestos claims provide an insight into maintaining a sustainable workers’ compensation system to meet the surge of COVID claims.
Saturday, August 4, 2012
OSHA Sanctions Chicago Company With $325,700 in Fines for Safety Violations
OSHA cites A. Finkl & Sons in Chicago for 26 safety violations, including failing to maintain cranes and places the company into the Severe Violator Enforcement Program.
The U.S. Department of Labor's Occupational Safety and Health Administration has cited specialty metal forgings producer A. Finkl & Sons Co. with 26 safety violations at the company's Chicago facility, including two willful violations that involve failing to provide fall protection around open pits and rectify multiple hazards found in crane inspections. Proposed penalties total $352,700.
OSHA initiated an inspection in February after receiving a complaint alleging that cranes used in the facility were in disrepair, including having malfunctioning hoisting brakes, and that powered industrial trucks were being operated by untrained workers.
Specifically, the willful violations are failing to ensure that open pits are guarded by standard railings and/or covers to protect employees from falling in, and failing to correct deficiencies identified by crane inspections such as missing bolts, inoperable radio controls, and problems with bridges, trolleys and main hoist brakes. 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.
Twenty-two serious violations involve failing to install hoist guards on industrial cranes, ensure that independent hoisting units on all cranes that handle hot metal have at least two holding brakes, ensure that all crane trolleys and bridges are equipped with brakes that have ample thermal capacity for the equipment's frequency of operation and which prevent the impairment of functions due to overheating, ensure that a thorough inspection of all crane ropes is completed, ensure that loads are lifted in a manner to prevent swinging on cranes and have a responsible person on-site with knowledge of cranes. Other violations include failing to ensure that ladders are placed in a manner that provides secure footing for workers, store liquefied petroleum gas containers away from stairways or other exit areas, adequately outline the rules for lockout/tagout procedures, guard live electrical parts over 50 volts, protect electrical conductors entering boxes from abrasion, and visually inspect portable plug- and cord-connected equipment for defects. 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.
One repeat violation involves failing to ensure that powered industrial trucks are examined prior to being placed into service as well as keep the trucks in a clean condition, free from lint, excess oil and grease. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. A similar violation was cited in 2006 at the same facility.
One other-than-serious violation is failing to create, certify and post the OSHA 300A summary log of injuries and illnesses or an equivalent form for the year 2011 by Feb. 1, 2012. 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.
"A. Finkl & Sons Co. has demonstrated a blatant disregard for the safety of its employees. When employers fail in their responsibility to provide a safe workplace, OSHA will take all necessary action to protect workers on the job," said Nick Walters, OSHA's regional administrator in Chicago.
Due to the willful and repeat violations and the nature of the hazards, OSHA has placed A. Finkl & Sons Co. in the agency's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. For more information about the program, visit http://s.dol.gov/J3.
The company previously has been inspected by OSHA 24 times since 1970, with 17 inspections resulting in citations for various violations. The two most recent previous inspections, in 2006 and 2007, resulted in citations for willful and repeat violations related to fire and fall hazards.
The citations can be viewed at http://www.osha.gov/ooc/citations/AFinklandSons_191122.pdf.
A. Finkl & Sons Co. employs 398 workers at its Chicago plant. The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
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Tuesday, April 13, 2021
NJ Supreme Holds Employers Responsible for Workers' Compensation Medical Marijuana Costs
The NJ Supreme has recognized that the workers’ compensation system has a legislative mandate to provide the safest medical care to cure and relieve occupational injuries. The Court acknowledged both state and Federal trends to provide non-addictive and non-fatal pain relief in place of the dangerous opioids.
The intent that embraced the creation and development of the social insurance system has given the Court a rational and logical basis, consistent with public policy, to order medical marijuana for palliative care.
Thursday, February 10, 2011
AIG Reaches For Its Wallet to Cover $4.1 Billion in Work Comp Claims and Asbestos Liabilities
Image via WikipediaAIG's long and troubled history was the subject of investigative reporting in the Academy Award nominated film, Inside Job. The Many factors have impact on an insurance company's solvency including the ability to collect premiums in a down economic cycle, the investment of the premiums collected and colateral bad investments the have a massive economic impact of the financial worth of the company in general.
Workers' compensation claims continue despite a low employment cycle. Latent diseases, such as asbestos related lung cancer, asbestosis and mesothelioma, may be dormant for decades before manifesting into a chronic and terminal medical condition.
The industry continues to struggle on how workers' compensation should be employed to insure industries and employers from these condition. Originally the workers' compensation acts did not cover occupational conditions such as silicosis or asbestosis. In the 1950s acts were amended, at industries insistence to bring these occupational conditions under the umbrella of coverage and shield employers from civil lawsuits. With the expansion of products liability claims, based on the intentional concealment of information of the hazards of these conditions, as well as low economic recoveries from struggling workers' compensation systems put the boat back into the bottle, "the longest running tort", asbestos litigation, was born.
Industry continues to try to put the genie back into the bottle, which is reflected in the latest attempt in Missouri to bar liability claims against employers and co-workers. One of the incentives of a workers' compensation program is to prevent industrial accidents, but the system continues to struggle both economically and procedurally in achieving that objective.
The need for AIG to raise additional cash to pay claims raises a concern as to whether premium dollars to pay claims are being adequately protected in the first place, and whether those premiums ared being directed to injured workers and victims of occupational illness. Instead of trying to figure how to further restrict the payment of benefits, perhaps more attention should be paid to making a safer workplace by banning asbestos use, and providing more convenience access through universal medical care.
Related articles
Wednesday, June 13, 2012
OSHA Cites Correctional Facility for Exposing Employees to Workplace Violence
Mississippi correctional facility cited by US Department of Labor's OSHA for
workplace violence and other hazards; more than $104,000 in fines proposed
workplace violence and other hazards; more than $104,000 in fines proposed
The U.S. Department of Labor's Occupational Safety and Health Administration has cited The GEO Group Inc. with six safety and health violations, including one willful, for exposing employees to workplace violence and failing to take adequate measures to reduce the risk of violence following a December 2011 inspection stemming from a complaint about the Meridian correctional facility. Proposed penalties total $104,100.
"This employer knowingly put workers at risk of injury or death by failing to implement well-recognized measures that would protect employees from physical assaults by inmates," said Clyde Payne, OSHA's area director in Jackson. "Prisons may be inherently dangerous workplaces, but the employer is still required to take every reasonable precaution to protect corrections officers and other staff against safety and health hazards, including assaults."
A willful safety violation has been cited, with a $70,000 penalty, for failing to knowingly provide adequate staffing, fix malfunctioning cell door locks or provide required training to protect employees from incidents of violent behavior by inmates, including stabbings, bites and other injuries. 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.
One repeat health violation, with a $16,500 penalty, also has been cited for failing to conduct medical evaluations for workers required to wear respirators. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any facility in federal enforcement states within the last five years. A similar violation was cited in November 2010 at GEO's Pompano Beach, Fla., facility.
Two serious health and one serious safety violation, carrying a total of $17,600 in penalties, include failure to conduct a fit test for employees required to wear respirators, have a written exposure control plan for employees exposed to bloodborne pathogens and complete a personal protective equipment hazard assessment. 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.
One other-than-serious safety violation has been cited for failing to provide a written energy control procedure for workers exposed to electrical shock hazards. No penalty was assessed. 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.
The GEO Group Inc. is a correctional and detention organization with approximately 80,000 beds and 116 facilities located in the United States, the United Kingdom, Australia and South Africa. The company's East Mississippi correctional facility houses 1,318 low, medium and high security inmates, as well as inmates with mental illness.
Information on workplace violence is available at http://www.osha.gov/SLTC/workplaceviolence/index.html.
The citations can be viewed at
http://www.osha.gov/ooc/citations/The_GEO_Group_Inc_315306803_06_11_2012.pdf*,
http://www.osha.gov/ooc/citations/The_GEO_Group_Inc_315306357_06_11_2012.pdf*.
The company has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Jackson office at 601-965-4606.
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.
"This employer knowingly put workers at risk of injury or death by failing to implement well-recognized measures that would protect employees from physical assaults by inmates," said Clyde Payne, OSHA's area director in Jackson. "Prisons may be inherently dangerous workplaces, but the employer is still required to take every reasonable precaution to protect corrections officers and other staff against safety and health hazards, including assaults."
A willful safety violation has been cited, with a $70,000 penalty, for failing to knowingly provide adequate staffing, fix malfunctioning cell door locks or provide required training to protect employees from incidents of violent behavior by inmates, including stabbings, bites and other injuries. 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.
One repeat health violation, with a $16,500 penalty, also has been cited for failing to conduct medical evaluations for workers required to wear respirators. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any facility in federal enforcement states within the last five years. A similar violation was cited in November 2010 at GEO's Pompano Beach, Fla., facility.
Two serious health and one serious safety violation, carrying a total of $17,600 in penalties, include failure to conduct a fit test for employees required to wear respirators, have a written exposure control plan for employees exposed to bloodborne pathogens and complete a personal protective equipment hazard assessment. 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.
One other-than-serious safety violation has been cited for failing to provide a written energy control procedure for workers exposed to electrical shock hazards. No penalty was assessed. 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.
The GEO Group Inc. is a correctional and detention organization with approximately 80,000 beds and 116 facilities located in the United States, the United Kingdom, Australia and South Africa. The company's East Mississippi correctional facility houses 1,318 low, medium and high security inmates, as well as inmates with mental illness.
Information on workplace violence is available at http://www.osha.gov/SLTC/workplaceviolence/index.html.
The citations can be viewed at
http://www.osha.gov/ooc/citations/The_GEO_Group_Inc_315306803_06_11_2012.pdf*,
http://www.osha.gov/ooc/citations/The_GEO_Group_Inc_315306357_06_11_2012.pdf*.
The company has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Jackson office at 601-965-4606.
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.
Friday, June 27, 2014
Facebook Required to Turn Over User Information in Disability-Fraud Investigation
| Today's ppost was shared from http://online.wsj.com The Manhattan district attorney has won a legal battle against Facebook Inc. with a New York judge's ruling that the social network was required to turn over user information in a fraud investigation. When workers who filed for federal disability money were seen on Facebook looking perfectly healthy, the Manhattan district attorney received a search warrant from a judge to look more closely at the accounts. Facebook had attempted to quash the warrants for 381 user accounts on grounds that they were unconstitutional and in violation of Fourth Amendment protections against unreasonable searches and seizures. After reviewing the search-warrant application, the judge found "probable cause that evidence of criminality would be found within the subject Facebook accounts," and ordered Facebook to comply. “Due to the fungible nature of digital information, the ability of a user to delete information instantly and other possible consequences of disclosure, the court ordered the search warrants sealed and Facebook not to disclose the search and seizure to its users.”—Melissa C. Jackson, New York State Supreme Court Justice The district attorney's office said the case led to 134 indictments on more than $400 million in fraud, and that half the defendants have pleaded guilty. "This was a massive scheme involving as many as 1,000 people who defrauded the federal government," said Joan Vollero, spokeswoman for Manhattan District Attorney Cyrus Vance. "The defendants in this case repeatedly lied to the government about their mental, physical, and social capabilities. Their Facebook accounts told a different story," she said. The judge in the case said Facebook had no right to get in the way of the investigation. "Facebook could best be... |
[Click here to VIEW the documents in this case (NYTime)]
Sunday, December 21, 2014
Senator Boxer calls US chemical facility safety “outrageous” and “unacceptable”
Today's post is shared from scienceblogs.com/
As last week’s Senate Environment and Public Works Committee hearing made abundantly clear, communities throughout the United States are at ongoing risk from potentially disastrous incidents involving hazardous chemicals. A new Congressional Research Service report released concurrently by Senator Edward J. Markey (D-MA), details how thousands of facilities across the country that store and use hazardous chemicals are located in communities, putting millions of Americans at risk. Yet this list of facilities, Senator Markey’s office points out, may not be complete. The report analyzes US Environmental Protection Agency (EPA) data on locations where at least one of 140 different extremely hazardous materials are stored. But this EPA list does not include the highly explosive substance ammonium nitrate – the chemical involved in the April 2013 West, Texas fertilizer plant explosion that killed 15 people and injured approximately 200.
What has happened – or more precisely, not happened – since that incident was the focus of the December 11th Senate hearing. The hearing, convened jointly with the Senate Health, Education, Labor and Pensions Committee, was held to review progress made in implementing President Obama’s Executive Order 13650 issued in August 2013 in the wake of the West, Texas disaster.
“In the 602 days since the West, Texas tragedy there have been 355 chemical...
[Click here to see the rest of this post]
As last week’s Senate Environment and Public Works Committee hearing made abundantly clear, communities throughout the United States are at ongoing risk from potentially disastrous incidents involving hazardous chemicals. A new Congressional Research Service report released concurrently by Senator Edward J. Markey (D-MA), details how thousands of facilities across the country that store and use hazardous chemicals are located in communities, putting millions of Americans at risk. Yet this list of facilities, Senator Markey’s office points out, may not be complete. The report analyzes US Environmental Protection Agency (EPA) data on locations where at least one of 140 different extremely hazardous materials are stored. But this EPA list does not include the highly explosive substance ammonium nitrate – the chemical involved in the April 2013 West, Texas fertilizer plant explosion that killed 15 people and injured approximately 200.
What has happened – or more precisely, not happened – since that incident was the focus of the December 11th Senate hearing. The hearing, convened jointly with the Senate Health, Education, Labor and Pensions Committee, was held to review progress made in implementing President Obama’s Executive Order 13650 issued in August 2013 in the wake of the West, Texas disaster.
“In the 602 days since the West, Texas tragedy there have been 355 chemical...
[Click here to see the rest of this post]
Tuesday, June 11, 2013
OSHA fines two companies $130,500 for trenching hazards at Kearny, NJ, site
Many workers' compensation accidents occur while working in trenches. The employer in NJ is insulated under the exclusivity doctrine from a claim for negligence. An employee's only remedy in many instances is only the NJ Workers' Compensation benefits.
VM Construction Inc., based in Miami, and Concrete Systems Inc., based in Sterling, were cited by the U.S. Department of Labor's Occupational Safety and Health Administration for willful and repeat trenching hazards found at a Kearny work site. OSHA's November 2012 investigation was prompted by an imminent danger complaint that alleged workers
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| English: Logo for the United States Occupational Safety and Health Administration. (Photo credit: Wikipedia) |
operated in an unprotected excavation 8 feet deep.
One willful violation, carrying a $28,000 penalty, was cited against VM Construction Inc. for those workers operating in an unprotected excavation. 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 construction company was also cited for one serious violation, with a $2,400 penalty, for failing to ensure a competent person inspected the excavation prior to allowing workers to enter. 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.
Concrete Systems Inc., a concrete and masonry contractor, faces $100,100 in penalties for two repeat violations involving workers operating in an unprotected excavation and entering an excavation that was not inspected beforehand by a competent person. A repeat violation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in 2008.
Because of the nature of the hazards and the violations cited, Concrete Systems has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.
"Improperly protected trenches can collapse suddenly and with great force," said Kris Hoffman, director of OSHA's Parsippany Area Office. "OSHA implemented a trenching and excavation special emphasis program in the 1980s, so the industry is well aware of the safety regulations for trenching operations."
Detailed information on safeguards for excavation and trenching is available at http://www.osha.gov/SLTC/trenchingexcavation/index.html.
The citations can be viewed at http://www.osha.gov/ooc/citations/ConcreteSystems_772381_0605_13.pdf* and http://www.osha.gov/ooc/citations/VMConstruction_770662_0605_13.pdf*.
......
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. Click here now to submit a case inquiry.
Read more about trenches and workers' compensation benefits.
Oct 20, 2011
Recently NJ Courts have held that trench accidents were not a mere fact of industrial life and were beyond intent of Act's immunity provision. A claim was permitted directly against the employer in addition to the workers' ...
Jun 27, 2012
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 ...
Saturday, December 1, 2012
US NTSB Initiates Investigation of NJ Toxic Train Derailment
recommendations to prevent further similar accidents.
The same bridge was had collapsed in 2009, when a train pulling coal cars came off its tracks after the railroad bridge over the Mantua Creek collapsed and sent 16 cars into the water. The bridge was “an old structure,” and its original “A” frame dated back to 1873. The train has two locomotives and 83 freight cars.
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.
....
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"
Jan 29, 2010
The 5 substances that TSCA mandates regulations for are all known carcinogens: Asbestos, Hexavalent Chromium, Vinyl Chloride, Trichloethylene, Methyene Chloride and Dicloromethene. Since 1976 chronic and terminal ...
Aug 11, 2007
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 ...
Feb 20, 2008
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has ...
Wednesday, June 25, 2014
N.F.L. Makes Open-Ended Commitment to Retirees in Concussion Suit
Barring professional athletes from claiming workers' compensation benefits did not stop the mass filing of civil action claims for intentional harm against the NFL Today's post is shatred from the nytimes.com
The N.F.L. has made an open-ended commitment to pay cash awards to retirees who suffer from dementia and other diseases linked to repeated head hits, according to documents filed in the United States District Court for the Eastern District of Pennsylvania on Wednesday.
The guarantee is part of a revised settlement in the contentious lawsuit filed by about 5,000 retired players who accused the league of hiding from them the dangers of concussions.
In August, the league agreed to pay $765 million to settle the suit with the retired players, with $680 million of that amount set aside for cash awards. But Judge Anita B. Brody rejected the proposal in January because she said she doubted whether there would be enough money to cover all the claims over the 65-year life of the settlement.
Lawyers for the league and the plaintiffs spent the past six months revising the settlement. If the judge approves the new version in the coming weeks, it will be sent to all 18,000 retired players and their beneficiaries, who can then approve the settlement, object or opt out of it. The results of that vote are unlikely to be known for at least several months, and no players will be paid until all appeals are exhausted.
The league’s new promise to compensate all qualified claims could convince retirees who said they would opt out of the original settlement because they felt the league could have set aside more money for players with serious neurological disorders.
“Today’s...
[Click here to see the rest of this post]
The N.F.L. has made an open-ended commitment to pay cash awards to retirees who suffer from dementia and other diseases linked to repeated head hits, according to documents filed in the United States District Court for the Eastern District of Pennsylvania on Wednesday.
The guarantee is part of a revised settlement in the contentious lawsuit filed by about 5,000 retired players who accused the league of hiding from them the dangers of concussions.
In August, the league agreed to pay $765 million to settle the suit with the retired players, with $680 million of that amount set aside for cash awards. But Judge Anita B. Brody rejected the proposal in January because she said she doubted whether there would be enough money to cover all the claims over the 65-year life of the settlement.
Lawyers for the league and the plaintiffs spent the past six months revising the settlement. If the judge approves the new version in the coming weeks, it will be sent to all 18,000 retired players and their beneficiaries, who can then approve the settlement, object or opt out of it. The results of that vote are unlikely to be known for at least several months, and no players will be paid until all appeals are exhausted.
The league’s new promise to compensate all qualified claims could convince retirees who said they would opt out of the original settlement because they felt the league could have set aside more money for players with serious neurological disorders.
“Today’s...
[Click here to see the rest of this post]
Related articles
- Concern Raised Over Opt-Out Terms of NFL Concussion Settlement (workers-compensation.blogspot.com)
- With N.F.L. Concussion Deal, Two Tiers of Payouts (workers-compensation.blogspot.com)
- Judge Refuses to Sign Off on NFL Settlement (workers-compensation.blogspot.com)
- NFL concussion payout formula would provide up to $5 million per retired player (workers-compensation.blogspot.com)
- California limits workers' comp sports injury claims (workers-compensation.blogspot.com)
- Uncertainty Over Whether N.F.L. Settlement's Money Will Last (workers-compensation.blogspot.com)
Wednesday, November 11, 2020
Over 46% of High-risk Adults Are Endangered by Workplace Exposures to SARA-CoV2
A recent study published in The Journal of the American Medical Association (JAMA) this week finds that workplace-exposures to SARS-CoV2 endanger, not only the workers but also imperil the lives of their household contacts.
Friday, August 29, 2014
OSHA Fines Frost King $90K for Workplace Hazards
Workers willfully exposed to amputation hazards at Paterson, New Jersey, manufacturing facility
Film Pak Extrusion facing more than $90K in OSHA penalties
Workers at Film Pak Extrusion LLC were exposed to amputation and other safety and health hazards according to an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration. The company's Paterson manufacturing facility has been cited for one willful and 12 serious workplace violations related to the dangerous conditions. The company manufactures products under the name Frost King, a well-known, do-it-yourself brand of supplies for contractors distributed in stores like Home Depot and Lowes throughout the United States. OSHA initiated the inspection in February and is proposing $90,300 in penalties.
"Machines left without required guards can cause catastrophic injury to workers, including amputation and death. One slip can end a worker's life or livelihood, and employers can prevent that," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "Film Pak Extrusion has a responsibility to put worker safety first."
OSHA inspectors cited the company with a willful violation, with a $56,000 penalty, due to a lack of machine guarding. According to the Bureau of Labor Statistics, approximately 9,000 New Jersey workers were injured* in the manufacturing industry during 2011, the most recent year with available data. BLS reported 8,200 New Jersey manufacturing workers were injured in 2010. The rate of incidents grew from 3.2 cases per 100 workers in 2010* to 3.6 in 2011*. 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.
Carrying $34,300 in penalties, serious violations were cited for the following:
An obstructed exit route
Lack of a lockout/tagout program
Powered industrial trucks not inspected prior to use
Lack of a hearing conservation program
Failure to conduct audiometric testing
Failure to provide hearing protection and training on hearing protection and noise hazards
Failure to maintain washing facilities
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.
Film Pak Extrusion has 15 business days from receipt of its citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings before the independent Occupational Safety & Health Review Commission.
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.
Film Pak Extrusion facing more than $90K in OSHA penalties
Workers at Film Pak Extrusion LLC were exposed to amputation and other safety and health hazards according to an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration. The company's Paterson manufacturing facility has been cited for one willful and 12 serious workplace violations related to the dangerous conditions. The company manufactures products under the name Frost King, a well-known, do-it-yourself brand of supplies for contractors distributed in stores like Home Depot and Lowes throughout the United States. OSHA initiated the inspection in February and is proposing $90,300 in penalties.
"Machines left without required guards can cause catastrophic injury to workers, including amputation and death. One slip can end a worker's life or livelihood, and employers can prevent that," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "Film Pak Extrusion has a responsibility to put worker safety first."
OSHA inspectors cited the company with a willful violation, with a $56,000 penalty, due to a lack of machine guarding. According to the Bureau of Labor Statistics, approximately 9,000 New Jersey workers were injured* in the manufacturing industry during 2011, the most recent year with available data. BLS reported 8,200 New Jersey manufacturing workers were injured in 2010. The rate of incidents grew from 3.2 cases per 100 workers in 2010* to 3.6 in 2011*. 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.
Carrying $34,300 in penalties, serious violations were cited for the following:
An obstructed exit route
Lack of a lockout/tagout program
Powered industrial trucks not inspected prior to use
Lack of a hearing conservation program
Failure to conduct audiometric testing
Failure to provide hearing protection and training on hearing protection and noise hazards
Failure to maintain washing facilities
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.
Film Pak Extrusion has 15 business days from receipt of its citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings before the independent Occupational Safety & Health Review Commission.
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.
….
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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