The 6 Things You Need To Do If You Are Exposed To Mercury

Elemental mercury is a silver, odorless liquid.

Today's post comes from guest author Catherine Stanton from Pasternack Tilker Ziegler Walsh Stanton & Romano.

Irving J. Selikoff Center for Occupational & Environmental Medicine at Mount Sinai School of Medicine has released a guide to treatment for elemental mercury ((the pure form of the metal, when it is not combined with other chemicals) exposure. There are other forms of mercury, such as compounds found in contaminated fish, known as organic mercury and those are not covered by the guide.
Workers who experience a one-time sudden exposure to any chemical substance at work, should:

1. Gather as much information as you can about the type and amount of exposure, including labels, Material Safety Data Sheets (MSDS), and the medical emergency phone number on the MSDS. 
2. If you are feeling ill, seek medical attention at an emergency department (ED) immediately. It is best if a medical toxicologist is consulted as part of your visit to the ED. They can be reached for advice about treatment by having the healthcare professional contact the Poison Control Center at 1-800-222-1222. 
3. You can call the PCC independently for recommendations as well.
4. Once the urgent situation has been taken care of, you may contact the nearest occupational health clinic in the country for recommendations and follow-up.
5. This fact sheet is not a substitute for medical care. The purpose is to direct the exposed worker to the proper medical provider. 
6. Report any exposure to your employer immediately. Complete an incident or exposure form. If none is available, write a memo informing them of the exposure incident (date, time, location, what you were doing in the area, and for how long). Keep copies and insist that documents are placed in your personnel files.

You can download a copy of the fact sheet by clicking here. It contains more information about the following topics:

Congressman Cummings Introduces Legislation to Reform Defense Base Act

Rep. Elijah E. Cummings, Ranking Member of the House Oversight and Government Reform Committee, introduced legislation today that would save taxpayers huge sums of money by transitioning the existing workers’ compensation insurance system for overseas government contractors away from private sector insurance companies to a federal self-insurance program.

“There is absolutely no reason American taxpayers should be lining the pockets of private insurance companies,” said Cummings.  “This bill would save billions of dollars while improving the ability of contractor employees who risk their lives in war zones to obtain the medical care and support they deserve.”

According to a 2009 Pentagon study, Congress could save as much as $250 million a year by transitioning the existing Defense Base Act (DBA) insurance program to a government self-insurance program.  The study found:  “In the long run, the self-insurance alternative may have the greatest potential for minimizing DBA insurance costs, and it has several administrative and compliance advantages as well.”

Cummings’s legislation, H.R. 5891, The Defense Base Act Insurance Improvement Act of 2012, would direct the Departments of Defense and Labor to establish a self-insurance program in which the government would pay directly for medical benefits and disability benefits rather than utilizing private insurance companies.

The existing system has been a boondoggle for private insurance companies, who have reaped enormous profits under the program.  According to an Oversight Committee investigation, insurance companies providing DBA insurance in Iraq and Afghanistan have made enormous underwriting profits that are significantly higher than those of traditional workers’ compensation insurers.

The current DBA system requires contractors to purchase workers’ compensation insurance for employees working overseas from private insurance carriers, and the contractors and insurance companies negotiate their own rates.  Since the costs of the insurance premiums are often built into the price of the contract with the government, there is little incentive for contractors to limit insurance costs.

Cummings’s bill would set a six month deadline for the Departments of Defense and Labor to develop an implementation strategy to transition to a self-insurance program, and it would require the strategy to be executed within a year after the bill is enacted.

The legislation would also require the Departments of Defense and Labor to issue a report one year after the program is implemented to assess its effectiveness in terms of cost-savings and the delivery of benefits.

In addition to cost concerns, the current system has failed to ensure that all injured workers obtain health care services, disability payments, or death benefits they and their families deserve.  An analysis by ProPublica found that private insurance companies had denied about 44% of serious injury claims and about 60% of claims by employees suffering psychological damage such as post-traumatic stress disorder.

At the request of Congressman Cummings, the Domestic Policy Subcommittee held a hearing in 2009 to evaluate these findings, which confirmed that the Defense Base Act is in desperate need of reform.

A National Celebration of the Workers' Compensation Centennial

Guest Blog by Alan S. Pierce

The year 1911 saw the enactment of this country’s first state-based Workers’ Compensation laws. The effects of the Industrial Revolution began some decades earlier and made it necessary to change the way the costs associated with workplace injuries and deaths were compensated.

Wisconsin claims credit for the first constitutional statute (earlier attempts failed constitutional muster) with Massachusetts and nine more states not far behind.  Thirty-six other states followed by the end of the decade.

So it’s no surprise that 2011 will see various commemorations of this social, economic, and legal milestone.  

Here in Massachusetts, generally acknowledged as the nation’s second state to pass a Workers’ compensation statute (signed into law by Governor Eugene H. Foss, July 28, 1911) plans have been underway to mark this auspicious occasion.

On April 7, 2011, Massachusetts will be holding a centennial commemoration that has attracted interest across the country.

The American Bar Associations's (ABA) Section on Tort, Trial and Insurance Section (TIPS) and the Workers’ Compensation and the Section of Labor and Employment Law (LEL) has joined in the planning of this hallmark event, and we, along with the Labor and Employment Law Committee, will be holding The 2001 Midwinter Seminar & Conference in Boston April 7-9, 2011 to coincide with the Massachusetts event.

Before detailing our plans in Massachusetts, it is worthwhile to briefly examine the historical origins of a concept of a no-fault-based system of compensating for job-related injuries and deaths.  Who then can lay claim to the first model of a modern Workers’ Compensation system?  

Early History of Workers' Compensation

According to Gregory Guyton in A Brief History of Workers’ Compensation, Iowa Orthopedic Journal, 1999, in approximately 2050 B.C., in ancient Sumeria (now Iraq), the law of Ur contained in Nippur Tablet No, 3191 provided for compensation for injury to a worker’s specific body parts.  Under ancient Arab law, the loss of a thumb was worth one-half the value of a finger. The loss of a penis however was compensated by the amount of the length lost. The manner of estimating that however, is a fact lost to history. Similar systems existed and are contained in Hammurabi’s Code in 1750 B.C. as well as in ancient Greek, Roman, and Chinese law. The common denominator in most if not all of these early schemes was the compensation for “schedules” for specific injuries which determined specific monetary rewards. This concept of an “impairment” (the loss of function of a body part) as distinct from a “disability” (the loss of ability to perform specific tasks remains with us today

Jumping ahead a couple of thousand years.

Stephen Talty in Empire of Blue Water: Captain Morgan’s Great Pirate Army, Crown Publishing, (2007) describes the legendary English privateer Capt. Henry Morgan (of the rum company fame) who in the mid-1600s had a ship’s constitution that provided for the “recompense and rewards each one ought to have that is either wounded or maimed in his body, suffering the loss of any limb, by that voyage.” The loss of a right arm was worth 600 pieces of eight; the left arm:500; right leg:500, left leg: 400, and so forth.

Today’s workers’ compensation laws owe their origin to Prussian Chancellor Otto von Bismarck who in a political move to mitigate social unrest, created the Employer’s Liability Law of 1871.  In 1884 he established Workers’ Accident Insurance.  This program not only provided monetary benefits but medical and rehabilitation benefits as well.  The centerpiece of von Bismarck’s plan was the shielding of employers from civil lawsuits; thus the exclusive remedy doctrine was born.

Centennial Commemoration in Massachusetts

Plans to commemorate this centennial originated with the Massachusetts Academy of Trial Attorneys, which for the past decade hosted an annual Workers’ Compensation Bench/Bar Dinner.

On April 7, 2011, the Massachusetts Academy of Trial Attorneys, the Massachusetts Bar Association, and the Department of Industrial Accidents will host a centennial commemoration of workers’ compensation, not only in Massachusetts but the country as well.

The focus will be on the recognition of 100 years of workers’ compensation remembering how this unique area of law originated and developed with a look toward the future and examining forces at work that may change how workplace injuries are compensated.  A planning committee comprised of representatives of the claimant and insurer bar, Department of Industrial Accident representatives, and other stakeholders in the system have been meeting periodically for almost three years.  

Our plans have three major components:  a symposium featuring four of the nation’s leading scholars of workers’ compensation as an economic, labor relations, and legal concept; a book covering the history of the Massachusetts Industrial Accident Board, and dinner bringing everyone together at the Rose Kennedy Ballroom at the Intercontinental Hotel in Boston.  The other bar groups coming to Boston to join us will be holding their own programming, including three mornings of informative continuing legal education program as part of the ABA TIPS/Workers’ Compensation Committee and Labor and Employment Law Committee’s annual midwinter meeting.  

The ABA’s College of Workers’ Compensation Lawyers will also hold its annual dinner inducting the 2011 Class of Fellows on Saturday, April 9, 2011. 

Symposium

The symposium to be held during the afternoon of April 7, 2011, will be chaired by Prof. Emeritus John Burton, perhaps the leading authority on workers’ compensation, both nationally and internationally.  Burton, who has taught economics and labor relations at Rutgers and Cornell Universities, was President Nixon’s appointed Chair of the 1972 National Commission on Workers’ Compensation which resulted in recommendations responsible for the extended period of major workers’ compensation reforms that closed out the last quarter of the 20th century.  

Prof. Burton has invited Emily Spieler, Dean of Northeastern University Law School, Dr. Richard Victor, Executive Director of the Workers’ Compensation Research Institute, and Prof. Les Boden of Boston University to join him. Among the subjects to be explored are a discussion of federal and state responsibility for workers’ compensation; the extent of coverage of injuries and disease; the impact of changes in healthcare and what “universal” healthcare may mean for workers’ compensation systems; adequacy and equity of benefits among other topics.

 Book on The Massachusetts Industrial Board

Attorney and TIPS member, Joseph Agnelli Jr. of the Keches Law Group, has authored The “Board” A History of the First Century of the Massachusetts Industrial Accident Board and the Workers’ Compensation Act.

Agnelli’s book contains a comprehensive history of workers’ compensation in Massachusetts focusing on how our Industrial Accident Board was originally organized.  The book profiles many of the fascinating commissioners, judges, and attorneys who help shape the practice of workers’ compensation law at the Department of Industrial Accidents.

The book also features a copy of the Workers’ Compensation Statute signed into law by Governor Eugene H. Foss on July 28, 1911; a copy of the first insurance policy (policy no. 1) issued to the Everett Mills by the Massachusetts Employee’s Insurance Association (M.E.I.A.), the entity that was to become Liberty Mutual Insurance Company.

According to Agnelli’s forward:  “When pondering a suitable way to commemorate such a momentous event, it became clear that something needed to be written about the countless numbers of individuals who have played a role in its long history, to the legislators who were instrumental in its passage of 1911, the members of the first Industrial Accident Board in 1912, the men and women who have served as either Commissioners or Administrative Judges on the Board, those who pioneered the early practice before the Board, and to past and current personalities, this book is a tribute to their efforts in perpetuating the spirit of the Act.”

Symposium Dinner

The Symposium Dinner on Thursday evening, April 7, 2011, will be held in a remarkable venue, a ballroom that can accommodate up to 700 people.  Early reservations are a must.  To purchase dinner tickets or for further information, contact terri@alanspierce.com OR contact Alan Pierce at 978-745-0914.

........

Alan S. Pierce practices in Salem Massachusetts. He has authored and edited several publications including Massachusetts Workers' Compensation Law, Workers' Compensation and the Law, and Workers' Compensation: Issues and Answers. Alan currently serves as chair-elect of the American Bar Association workers' compensation section and will be the national chairperson in 2010. He is a charter Fellow in the College of Workers' Compensation Lawyers.

Other Resources
Registration Information: 2011 Midwinter Meeting
Program Agenda: 2011 Midwinter Meeting

Related articles

• New Jersey Launches Workers' Compensation Centennial Celebration (workers-compensation.blogspot.com)
• Dean Emily Spieler Requests Congress to Review The Workers' Compensation Disability Rating System (workers-compensation.blogspot.com)
• US Workers Compensation Centennial Commission
• Campaign for Centennial Workers Compensation Postage Stamp
• Congress Told Workers Compensation is a Deteriorating System
• Hot Topics in Workers' Compensation Law 2011 Seminar (workers-compensation.blogspot.com)

Soldiers Exposed to Chromium in Iraq File Suit

Soldiers who have been exposed to hexavalent chromium, a carcinogen, have filed suit against a government contractor. The present and former soldiers have brought a claims against KBR (Kellogg, Brown & Root), a subsidiary of Halliburton, for concealing the contamination and knowingly exposing them to potential harm. The chromium chemical, sodium dichromate, was utilized to prevent corrosion.

The Oregon legislature has held hearings on pending legislation to assist the ill soldiers. One Oregon soldier has died of complications of leukemia at the age of 21.

Thousands Fast Food Workers Strike in 190 Cities, Demand $15 an Hour Wage

Today's post was shared by Steven Greenhouse and comes from ktla.com

Thousands of fast food workers are expected to strike in 190 cities Thursday, demanding a $15 an hour wage, including Iraq war veteran Steven Wilkerson. Striking workers, demanding a $15 an hour wage, are seen outside a McDonald's restaurant in Los Angeles on Thursday, Dec. 4, 2014. (Credit: KTLA) Striking workers, demanding a $15 an hour wage, are seen outside a McDonald’s restaurant in Los Angeles on Thursday, Dec. 4, 2014. (Credit: KTLA) He earns $8.50 an hour working at a combined Dunkin’ Donuts, Quizno’s and Godfather’s Pizza joint that’s located inside a Hess gas station in Tampa. He spent over a year interviewing for jobs after he left the Marines before landing this one. Wilkerson believes the protests are leading to change, in fact, this will be his third time striking. After he picketed earlier this year, his manager began to train him to become a shift manager, a title change that should come with a raise. “I can’t say that wouldn’t have happened if I hadn’t protested, but I think speaking out has made it happen faster,” he said. A lot has happened in the two years since fast-food workers first took to the streets of New York City to demand at least $15 an hour. The issue of fair worker pay is now on the public’s mind, and state and local lawmakers have begun to respond. Dozens of states and cities have raised the minimum wage for workers in all types of industries to well above the federal minimum wage...

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Fixing Our Inadequate Brain Science

Today's post comes from guest author Jay Causey, from Causey Law Firm.

By Jay Causey from Causey Law Firm

The high incidence of traumatic brain injury (TBI) and PTSD (posttraumatic stress disorder) affecting our returning Afghanistan and Iraq veterans, and also our civilian contractor employees, has helped to highlight the inadequacy of the current level of “brain science.”

More than one in five Americans – – over 60 million people – – suffer brain disorder from injury or illness. 600 conditions exist, ranging from autism and Alzheimer’s to the aforementioned TBI and PTSD. Not a single one of these conditions has been cured.  Brain ailments affect more people than heart disease and cancer combined, yet those conditions receive 3 to 5 times more funding for research.

Unlike science for other conditions and diseases, brain science has not had the advantage of an umbrella organization to its coordinate efforts. Brain science research and funding has been fragmented, researchers have often been territorial and overly concerned with intellectual property issues, and the corporate funding that has come mostly from the pharmaceutical industry has been shrinking. An organization named One Mind has recently been created to attack the shortcomings of brain science by advocating for the principle of “open science,” which fosters collaborative scientific work with accessible central data collection for researchers. This process in turn allows for accelerated integration of data and validation of results for publication. All of this should allow basic research to more rapidly reach the clinical setting and benefit patients of brain ailment.

One Mind has two programs currently in progress: Gemini, in which 11 research centers will enroll 3000 patients in a longitudinal brain injury study; and Apollo, which is developing a data exchange portal that will support the collaborative effort described above and will create a digital marketplace accessible by students, teachers and researchers.

One Mind is currently headed by CEO Gen. Pete Chiarelli, U.S. Army (retired) who as vice chief of the Army was instrumental in Department of Defense efforts on PTSD, TBI, and suicide prevention. In 2013 Chiarelli received the “Patriot Award” for his work with soldiers and their families dealing with the so-called “invisible wounds” of war.

The author recently attended a presentation in Seattle by Gen. Chiarelli, who provided much additional anecdotal information about the shortcomings of brain science and the efforts by One Mind. He noted, for example, that the diagnostic criteria currently in use for assessing PTSD are decades old and woefully inadequate for mental health practitioners to accurately diagnose and assess the condition.

Go to www.onemind.org for a full review of the organization, its mission and its programs.

Photo credit: "Central nervous system drawing circa 1900"

 Double--M / Foter / Creative Commons Attribution 2.0 Generic (CC BY 2.0)