Is Big Sugar the Next Liability Target?

Today's post was shared by The Health Care Blog and comes from thehealthcareblog.com

By Vik Khanna Growing paranoia is the hallmark of the aging process for me.  Although I am a generally affable sort (I know, it doesn’t always seem that way from my writing), I am also a fairly suspicious person.  I am starting to think that all the food industry’s sweet talk about the innocence of sugar is really just icing on a toxic cake and that we’ve all been sold a bill of goods.  In particular, I wonder — and part of me hopes — that Big Sugar might soon replace Big Tobacco as the favorite target of our most underappreciated and misunderstood national resource…the plaintiff’s bar.  There is no question we eat way too much sugar and that the increase in consumption has coincided nicely with both our rise in obesity and decline in health status even though we are living longer. Not that I think the Tobacco Settlement (TS) was great social policy.  You can read my full view here; but, to summarize, as an immigrant and a person of color, a part of me resents the TS because all it did is push the burden of fulfillment of the financial terms into the hearts and lungs of people in Africa, Asia, and Latin America.  The smug satisfaction of tobacco opponents in the US and their glib dismissal of the impact on predominantly poor people of color around the world is first order racism. Any analogous move against Big Sugar (BS) could be quite interesting.  There is, of course, the delectable duality of...

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CDC estimates Lyme disease hits 300,000 each year

Outdoor workers continue to suffer from disease of the environment. Lyme disease, a cmpensable condition, remains a critical problem for those who work in the great outdoors. Today's post was shared by CIDRAP and comes from www.cidrap.umn.edu

A new estimate on Lyme disease suggests that about 300,000 Americans are sickened each year, which is about 10 times higher than the number of cases reported, according to an analysis of the latest information by the US Centers for Disease Control and Prevention (CDC).

Scientists from the agency base their projection on findings from three ongoing studies that are designed to better gauge the number of people diagnosed with Lyme disease each year. CDC researchers reported the preliminary findings yesterday at a tickborne disease conference in Boston.
Ongoing studies are based on medical claims information for about 22 million insured people, a survey of clinical laboratories, and self-reported Lyme disease cases from a survey of the general public, the CDC said in a press release today.

Coal Industry: The Next Target for a Major Lawsuit

The focus the past several weeks has been the lawsuit in California against the Lead Paint Industry. The lawsuit, pending for over a decade, was brought under the legal theory of "public nuisance." The case seeks to finally force the major suppliers of lead paint to the table to help in removing and correcting the alleged public and private health dangers the Industry created by marketing paint with lead pigment.

While the lead paint case is in its finals trial stages, a theory has emerged to litigate against the Coal Industry for its alleged acts that have damaged public health through crating industrial pollution.

"Coal industry executives ought to pay attention to the lead paint lawsuit currently happening in the California court system.

"Recently, a lawsuit was filed against the makers of lead paint, alleging that the industry knew about the toxicity of their product and yet still promoted it as “safe” to the public. The industry has faced many lawsuits over their products in the past, most of which were unsuccessful for the victims, due to the fact that the industry was often up front about the dangers of their products, and they funded public studies to determine the health effects.

"But things have changed in the American legal system, and attorneys are now taking a page out of the tobacco litigation playbook. By unearthing documents that detail the lead paint industry’s attempted cover-up of the dangers, they avoid the “buyer beware” caveat that the tobacco industry used for so long.

Click here to read the complete article, "Could Lead Paint Lawsuit Pave Way For Class Action Against Coal Industry?"

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How the Paint Industry Escapes Responsibility for Lead Poisoning

Today's post was shared by Mother Jones and comes from www.motherjones.com

This story was produced by FairWarning, a Los Angeles-based nonprofit news organization focused on public health and safety issues.

In April, based on new toxicity estimates, the US Centers for Disease Control and Prevention raised to 535,000 its estimate of the number of children with potentially dangerous levels of lead in their blood. But the communities trying to tackle the problem may not see another cent from what somepublic officials say is the prime culprit: the manufacturers of lead pigments whose products infuse the flaking paint still found in millions of American dwellings. The lead-paint industry may, in fact, be on the verge of defeating the last major legal assault by municipalities and states seeking damages to pay for lead removal.

Some experts had expected such lawsuits to follow the path of tobacco litigation during the 1990s, when states wrested a $248 billion settlement from cigarette makers to cover smoking-related health costs. "My prediction was that lead would be the next big toxic tort litigation," says Jed Ferdinand III, a Connecticut lawyer who is familiar with the issue. "That really hasn't happened."

Indeed, apart from one settlement,the industry has successfully fended off roughly 50 lawsuits by states, cities, counties, and school districts over the past quarter century. Now, in a trial under way in San Jose, California, industry lawyers are seeking a final victory in a case brought by 10 agencies, including the cities of San Francisco, Oakland...

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Saving Money, Poisoning Workers

This is a case for employers to act with moral responsibility to maintain a safe work environment, stronger regulations and changes in statutory provisions to make the workplace safer. This post was shared by Jordan Barab and comes from www.nytimes.com

The workers at Royale Comfort Seating in Taylorsville, N.C., had a simple but grueling job. For 10 hours at a stretch they spray-glued pieces of polyurethane foam into shapes that became the spongy filling of cushions sold to many top furniture brands. Unfortunately, the glue contained a dangerous chemical known as n-propyl bromide, or nPB, and the spray guns left a yellowish fog in the air that coated everything in sight. Exposure to the toxic fumes left some workers so dizzy at the end of the day that they walked as if drunk.

Worse yet, many developed long-term ailments. One worker can no longer stand or sit for more than 20 minutes without feeling excruciating pain in her spine and legs. Another lost control of his hands and could not put on clothes without help.

The young and new on job most affected by heat stress: study

Today's post was shared by US Dept. of Labor and comes from www.iwh.on.ca

Study of work-related heat stress finds heat strokes, sun strokes and other heat illnesses spike over groups of days and disproportionately affect those on the job less than two months

On hot, sultry summer days, it’s common to see ministries of labour issue alerts telling workers to stay cool, drink a lot of water and take longer breaks if necessary. Public health officials will also urge people to stay indoors and check in on their elderly neighbours.

If employers were ever to issue a workplace equivalent of such alerts, they should ask workers to keep an eye on their young colleagues—especially the new ones on the job.

According to a study by the Institute for Work & Health (IWH) on heat stress, young men working in manual occupations are most vulnerable to extreme heat. The more inexperienced they are on the job, the more likely they are to need time off work to recover from heat stroke, sun stroke, fainting and other forms of heat illnesses.

Lead Paint - Industry Has Yet to Meet Its Responsibility

Bill Moyers recently interviewed Gerald Markowitz and David Rosner, public health historians and authors of several books, including Lead Wars, about the politics of toxic substances. 

"And the industry said over 50 years ago that this was an insoluble problem, it was a problem of, caused by slums, it was a problem caused by who they called uneducable parents. And so that they washed their hands of the problem and they have still washed their hands of the problem. Parents have played, excuse me, paid the cost of lead poisoning. Landlords have even paid the cost of lead poisoning. The government has paid the cost of lead poisoning. The industry has not paid to get that lead off the walls so future generations of children can be protected." Gerald Markowitz

Click here to see the entire video recording of the program: "Toxic Disinformation" aired on PBS May 17, 2013.

California Public Entity Lead Paint Lawsuit Trial Starts (Bloomberg 7.15.13)

The Hazards of Alcohol-Based Hand Sanitizers

Alcohol-based hand sanitizers now proliferate the workplace. Concern has been raised over medical issues created by their use, especially for pregnant women who are health care workers. Additionally the fragrances used may be toxic.

Virginia Evans and Peter Orris from the University of Illinois authored a Letter to the Editor on this topic in the Journal of Occupational and Environmental Medicine ( Vol 54(1):3, Jan 2012).

“…exposure to alcohol-based hand sanitizers would, at most, lead to very low blood alcohol levels… if an additional risk reduction is desired by pregnant health care workers, work practices should be modified to allow the use of soap and water as a substitute for the alcohol-based hand sanitizer.”

See also http://www.ewg.org/skindeep/browse.php?

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Company Faces Fine for Failing to Inform Residents about the Presence of Lead-based Paint and its Dangers

Lead paint at worksites remains a clear and present danger to workers. The U.S. Environmental Protection Agency has issued a complaint against CRM Rental Management, Inc. of Rome, N.Y. for not informing residents of its buildings about potential lead-based paint in their apartments. 


It is estimated that three-quarters of U.S. residential dwellings built before 1978 contain some lead-based paint. Infants and young children are especially vulnerable to lead-based paint exposure, which can cause IQ deficiencies, reading and learning disabilities, impaired hearing, reduced attention spans, hyperactivity and behavioral problems. CRM Rental Management faces over $140,000 in potential fines for 43 instances in which the company failed to properly inform residents of four buildings in New Hartford and Rome, New York about the potential presence of lead-based paint. 

“Lead paint is a serious threat to children’s health and disclosure can arm families with information they need to protect their kids,” said Judith A. Enck, EPA Regional Administrator. "Rental agents, property managers and building owners are required to follow EPA lead paint disclosure requirements and make sure people are aware of potential lead hazards in homes.”

Lead poisoning remains one of the most prevalent threats to children's well-being but it is also one of the most preventable. Under federal law, families have the right to know whether there are any potential lead-paint hazards in a prospective home, and must be informed about the harm lead can inflict on small children. Pregnant women and children younger than age six are among the most vulnerable to adverse health risks from lead-based paint.

EPA regulations require real estate management companies and property owners that sell or rent housing built before 1978 to provide renters or buyers with a form that contains a warning about the dangers of lead-based paint and discloses information about its presence. People renting or buying an apartment or home must verify that they received the required warning and disclosure information, including the EPA pamphlet, Protect Your Family from Lead in Your Home.Prospective purchasers have a 10-day opportunity to assess the property for risks for the presence of lead-based paint.

The complaint against CRM Rental Management alleges that the company failed to provide residents with lead-based paint warning and disclosure statements, making them aware of records or reports that would alert them to potential lead-based paint hazards, and secure required signatures verifying that the required information was received.

In collaboration with the U.S. Department of Housing and Urban Development and the Centers for Disease Control, EPA operates the National Lead Information Center, including a toll-free hotline that can be reached at 1-800-424-LEAD (5323).

For more information on lead and the risks posed by lead paint, visit: http://www.epa.gov/lead......

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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Click here to read more about lead paint pollution.

Congress to Hold Hearings on Toxic Cosmetics

The Subcommittee on Health has scheduled a hearing on Tuesday, March 27, 2012, at 10:15 a.m. in room 2322 of the Rayburn House Office Building. The title of the hearing is “Examining the Current State of Cosmetics.” The hearings follow disclosure that various hair products contain formaldehyde, a carcinogen, and that some lipstick contains lead, a neurotoxic substance.

Witness List:

Panel One:

Michael M. Landa, J.D.
Director
Center for Food Safety and Applied Nutrition (CFSAN)
U.S. Food and Drug Administration
Witness Testimony (Truth in Testimony)

Panel Two:

Halyna Breslawec, Ph.D.
Chief Scientist and Executive Vice President for Science
The Personal Care Products Council
Witness Testimony (Truth in Testimony)

Peter Barton Hutt, J.D.
Senior Counsel
Covington and Burling, LLP
Witness Testimony (Truth in Testimony)

Ms. Curran Dandurand
Co-Founder and Chief Executive Officer
Jack Black Skincare
Witness Testimony (Truth in Testimony)

Ms. Debbie May
President and Chief Executive Officer
Wholesale Supplies Plus
Witness Testimony

Michael J. DiBartolomeis, Ph.D, CIH
Chief Occupational Lead
Poisoning Prevention Program & California
Safe Cosmetics Program
California Department of Public Health

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Alice in Wonderland - A Lesson in Occupational Illness

Alice in Wonderland has been released in the movie theaters today. The National Institute of Occupational Safety and Health (NIOSH) has been quick to remind us of the Mad Hatter and mercury exposures.

"Society has made great progress in recognizing and controlling industrial hazards since Lewis Carroll's day. For example, nearly 70 years ago, on December 1, 1941, the U.S. Public Health Service ended mercury's use by hat manufacturers in 26 states through mutual agreements. The kinds of conditions that put hat-makers and other industrial workers at risk in 1865 are no longer tolerated," said John Howard, M.D., Director of the National Institute for Occupational Safety and Health (NIOSH).

"However," Dr. Howard emphasized, "the Hatter remains a cautionary figure, since exposures to mercury and other hazardous industrial substances can still occur in the workplace. Symptoms from chronic exposures to mercury, lead, and other neurotoxic substances, even at low levels, may be subtle in early stages. Sometimes, they may be mistaken for symptoms that can arise from other causes. Similar concerns exist about other adverse effects that are associated with exposures on the job. It is important to be vigilant about work-related illness, and to act decisively to protect workers' health."

In 1911, New Jersey adopted the Workers' Compensation Act.  The original Act did not recognize any occupational diseases as compensable events.  In 1924 there were early amendments to the Act which enumerated 9 diseases as compensable.  Those disease were: anthrax, lead poisoning, mercury poisoning, arsenic, phosphorous, benzene, wood alcohol, chrome and caisson disease. 

A utility man who was required to pour sixty pounds of mercury each day and who had mercury dust both on his face and his clothes developed muscular weakness.  The expert doctor testified that the disease was either caused by mercury poisoning or myasthenia gravis.  Even though his supervisor testified that daily showers were available to all employees, the treating doctor indicated that, as a result of positive clinical findings, diagnostic tests, and a history of exposure, the exposure was the cause of the petitioner's illness, namely muscular weakness, and was compensable.  Jackson v. Mallinckrodt Chemical Works, 25 N.J.Misc. 33, 50 A.2d 106 (Com.Pl.1946).

A hatter who was required to come into contact with furs that had been treated with mercury was awarded total permanent disability benefits as a result of his having contracted the occupational disease of mercurial poisoning during the course of his employment.  Horowitz v. Rothenberg Hat Co., 19 N.J.Misc. 284, 18 A.2d 852 (Dept. of Labor 1941), N.J.S.A. 34:15-31, L.1924, c. 124 (Sec. 1) 22b, p. 231.

An employee in the hat industry who had suffered from symptoms of mercury poisoning and who had notified the insurance carrier was deemed to have notified the employer as well, and compensation was allowed.  Yurow v. Jersey Hat Corporation, 131 N.J.L. 265, 36 A.2d 296 (1944), judgment aff'd 132 N.J.L. 180, 39 A.2d 371 (Err. & App.1944).

The Division of Epidemiology, Environmental and Occupational Health Services requires that treating physicians report to the State Department of Health any occupational or environmental diseases within 30 days of diagnosis or treatment.  These diseases include: lead toxicity, arsenic toxicity, mercury toxicity, cadmium toxicity and pesticide toxicity. N.J.A.C. 8:57-3.2.

Mad Hatter: "No wonder you're late. Why, this watch is exactly two days slow."

...

Click here to read more about occupational disease and workers' compensation.

Workers: Exposure to Lead At Work May Bring Contamination Home

"Persons employed in high-risk lead-related occupations can transport lead dust home from a work site through clothing, shoes, tools, or vehicles..." according to a study conducted by the Maine Childhood Lead Poisoning Prevention Program and reported recently by the CDC.

"Persons who are exposed to lead at work or through hobbies are advised upon finishing the workday to 1) place lead-contaminated clothes, including shoes and personal protective equipment, in a closed container for laundering or cleaning; 2) take a shower and wash hands, face, and hair when exposed above the permissible exposure limits; 3) change into street clothes; and 4) wash work clothes separately from all other clothes."