National Asbestos Awareness Week April 1-7, 2017

S. RES. 98 Designating the first week of April 2017 as “National Asbestos Awareness Week”.

IN THE SENATE OF THE UNITED STATES
March 27, 2017
03/29/2017 Resolution agreed to in Senate without amendment and with a preamble by Unanimous Consent.  (All Actions)

Senator Jon Tester

Mr. Tester (for himself, Mr. Markey, Mr. Isakson, Mr. Daines, Mr. Durbin, Mrs. Feinstein, Ms. Warren, Mr. Merkley, and Mr. Leahy) submitted the following resolution;

Asbestos, Railroads and The US Supreme Court

For decades railroad equipment, including engines, were heavily insulated with asbestos fiber, a known carcinogen and causally related to mesothelioma, a rare and fatal cancer. Many lawsuits have been filed by victims and their families to recover benefits against the suppliers, manufacturers and distributors of asbestos fiber. This month, The US Supreme Court heard oral argument to determine whether state laws were preempted under Federal law and that state laws were not applicable in judging the lawsuits.


The initial claims for asbestos related diseases were filed as workers' compensation claims in the United States. Soon it was revealed that the suppliers, distributors and health research (trade) organizations were concealing information to the workers as to the deadly dangers of asbestos fiber. As asbestos related disease, including mesothelioma, became epidemic, tens of thousands of civil claims were filed.


As a result of the long latency period from exposure to asbestos fiber to disease manifestation, the claims continue to be filed on behalf of former workers and their estates. While the exposures are usually multi-faceted, the issue regarding which law will cover railroad claims remains unresolved.


Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al., Petitioners v. Railroad Friction Products Corporation, No. 10-879.

US Supreme Court Opinion

SCOTUSblog Coverage

• Argument recap: Contending with old precedent
• Argument preview: Preemption under the Locomotive Inspection Act

Briefs and Documents

Merits Briefs for Petitioners

• Brief for Gloria Gail Kurns et al.
• Reply brief for Gloria Gail Kurns et al.

Amicus Briefs in Support of the Petitioners

• Brief for the Academy of Rail Labor Attorneys
• Brief for the American Association for Justice
• Brief for the National Association of Retired and Veteran Railway Employees
• Brief for Public Justice, P.C.
• Brief for Public Law Scholars
• Brief for the United States

Merits Briefs for the Respondents

• Brief for Railroad Friction Products Corp. and Viad Corp.

Amicus Briefs in Support of the Respondents

• Brief for Thyssenkrupp Budd Company 
• Brief for the National Association of Manufacturers 
• Brief for General Electric Corporation 
• Brief for John Crane Inc. 
• Brief for Chamber of Commerce
• Brief for the Washington Legal Foundation
• Brief for DRI-The Voice of the Defense Bar 
• Brief for Griffin Wheel Company 
• Brief for the Association of American Railroads

Certiorari-stage Documents

• Petition for certiorari
• Brief in opposition for Railroad Friction Products Corp. (unavailable)
• Response to petition for VIAD
• Supplemental brief for respondent VIAD
• Supplemental brief for respondent Railroad Friction Products Corp. 

The supplemental briefs in this case make reference to the Solicitor General's brief in Crane v. Atwell, which is available here.    

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.


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WHO Urges Worldwide Asbestos Ban: Mesothelioma Rates Surge

The World Health Organization urges a worldwide ban on asbestos productions, as deaths from mesothelioma continue to escalate:

"In conclusion, malignant mesothelioma remains a rare form of cancer but the disease is on the rise, probably due to the spread of asbestos use over past decades. Our analysis shows that the disease burden is still predominantly borne by the developed world. However, since asbestos use has recently increased in developing countries, a corresponding shift in disease occurrence is anticipated. Our analysis of the global mortality pattern suggests that there are early indications of this shift and lends support to the call by international organizations to eliminate asbestos-related diseases and discontinue the use of asbestos throughout the world."

Bulletin of the World Health Organization 2011;89:716-724C. doi: 10.2471/BLT.11.086678

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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National Asbestos Awareness Week - April 1 to 7 2012

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US Senator Max Baucus (MT)

The US Senate has passed a resolution designating April 1- 7, 2012 as National Asbestos Awareness Week. Introduced by US Senator Max Baucus (MT), the mesure received US Senate approval the same day.

Co-Sponsors were:
Sen Boxer, Barbara [CA] - 3/6/2012 
Sen Durbin, Richard [IL] - 3/6/2012 
Sen Feinstein, Dianne [CA] - 3/6/2012 
Sen Isakson, Johnny [GA] - 3/6/2012 
Sen Murray, Patty [WA] - 3/6/2012 
Sen Reid, Harry [NV] - 3/6/2012 
Sen Tester, Jon [MT] - 3/6/2012

   A resolution (S. Res. 389) designating the first week of April 2012 as ``National Asbestos Awareness Week.''

   There being no objection, the Senate proceeded to consider the resolution.

   Mr. DURBIN. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table, with no intervening action or debate, and any statements be printed in the Record.

   The PRESIDING OFFICER. Without objection, it is so ordered.

   The resolution (S. Res. 389) was agreed to.

   The preamble was agreed to.

   The resolution, with its preamble, reads as follows:

   S. Res. 389

   Whereas dangerous asbestos fibers are invisible and cannot be smelled or tasted;

   Whereas the inhalation of airborne asbestos fibers can cause significant damage;

   Whereas asbestos fibers can cause cancer such as mesothelioma, asbestosis, and other health problems;

   Whereas asbestos-related diseases can take 10 to 50 years to present themselves;

   Whereas the expected survival time for those diagnosed with mesothelioma is between 6 and 24 months;

   Whereas, generally, little is known about late-stage treatment of asbestos-related diseases, and there is no cure for such diseases;

   Whereas early detection of asbestos-related diseases may give some patients increased treatment options and might improve their prognoses;

   Whereas the United States has substantially reduced its consumption of asbestos, yet continues to consume almost 1,100 metric tons of the fibrous mineral for use in certain products throughout the United States;

   Whereas asbestos-related diseases have killed thousands of people in the United States;

   Whereas exposure to asbestos continues, but safety and prevention of asbestos exposure already has significantly reduced the incidence of asbestos-related diseases and can further reduce the incidence of such diseases;

   Whereas asbestos has been a cause of occupational cancer;

   Whereas thousands of workers in the United States face significant asbestos exposure;

   Whereas thousands of people in the United States die from asbestos-related diseases every year;

   Whereas a significant percentage of all asbestos-related disease victims were exposed to asbestos on naval ships and in shipyards;

   Whereas asbestos was used in the construction of a significant number of office buildings and public facilities built before 1975;

   Whereas people in the small community of Libby, Montana suffer from asbestos-related diseases, including mesothelioma, at a significantly higher rate than people in the United States as a whole; and

   Whereas the establishment of a ``National Asbestos Awareness Week'' will raise public awareness about the prevalence of asbestos-related diseases and the dangers of asbestos exposure: Now, therefore, be it

    Resolved, That the Senate--

    (1) designates the first week of April 2012 as ``National Asbestos Awareness Week'';

    (2) urges the Surgeon General to warn and educate people about the public health issue of asbestos exposure, which may be hazardous to their health; and

    (3) respectfully requests that the Secretary of the Senate transmit a copy of this resolution to the Office of the Surgeon General.

.....

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses. 

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A Once-In-A-Generation Chance

The NY Times today called for passage of the Senate version of health care reform and salvage the opportunity for important change in the nation’s health care plan. More emphatically, the Senate version provides an opportunity for change in the way the nation’s century-old workers’ compensation system provides for the delivery of medical care in occupational disease claims.

The paper’s editorial rightly observes that one botched election in Massachusetts, a State that has already met the issue of universal health care, should not encumber the rest of country with horrors of a failed system. The Senate version of health care reform contains an opportunity to experiment and explore the opportunities on embracing the delivery of medical care and medical monitoring into a coordinated and national framework under the Medicare program. In the end it will be able to establish a unified epidemiological database to help prevent and treat occupational illnesses and lead the nation to a safer and healthier work environment.

The efforts of Senator Mat Baucus (D-MT) has made to craft an occupationally health care program has the potential for being the most extensive, effective and innovative system ever enacted for the delivery of medical care to injured workers. Libby Care [see Patient Protection and Affordable Care Act Sec. 10323 pp. 2222-2237] , and its envisioned prodigies, will embrace more exposed workers, diseases and geographical locations than any other program of the past. An ancillary benefit will be the integration of Centers for Medicare and Medicaid Services (CMS) and Centers for Disease Control (CDC) for the advancement of greater worker safety through organized data collection and research.

Caring for those who have been the victims of occupational disease has been an illusive goal of the nation’s patchwork of workers’ compensation systems for over a decade. Occupational diseases were a supplement to the compensation system that developed when Industry tried to shield itself from the emerging economic liabilities that silicosis was generating.

History reflects that the system just didn’t work. The longest running tort, asbestos reacted illness, plagued the workers’ compensation system and produced a  plethora of problems that only created more delay and denial of medical care for injured workers.

Economically the costs of direct costs for occupational illnesses and diseases continue to soar. Unfair cost shifting continues. A study in the year 2000 indicated that direct costs amounts to $51.8 Billion per year for hospitals, physicians and drugs. Workers’ compensation was reportedly covering only 27% of the costs and taxpayers were sharing un even share of the burden. The costs of occupational disease amounted for 3% of the gross national product.

The problems of under-reporting of occupational illnesses and disease even compound the reporting the true reality of the issue even further. The recent NY Times and Nebraska Appleseed investigative reports indicate that true numbers are hard to come by because of the fear and intimidation injured employees suffer in reporting claims.

Since the enactment of workers’ compensation in 1911, there has never been a greater opportunity to provide meaningful change to make the workplace healthier and safer. Congress and the President Obama should take advantage of this one-in-a-lifetime chance and make the Senate version of health care reform the law of the nation.

Click here to read more about health care and workers' compensation.

Surgery Common for Medicare Patients in Final Year of Life

"Of the 1.8 million Medicare patients who died in 2008, about one-third underwent a surgical procedure the year before their death, according to a new study published online in The Lancet. More than 18% underwent a procedure in the last month of life.

Primary source: The Lancet
Source reference:
Kwok A, et al "The intensity and variation of surgical care at the end of life: a retrospective cohort study" Lancet 2011; DOI:
10.1016/S0140-6736(11)61268-3.

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W.G. Grace to Settle Asbestos Claims for $3 Billion

W.R. Grace and Co. has announced that it will fund a trust for resolving all current and future asbestos-related personal-injury claims. The company entered bankruptcy 7 years ago with 135,000 asbestos claims pending. Grace had set aside $1.7 Billion in 2004 to pay its asbestos liabilities and will probably finance another $1.5 Billion to provide additional contribution to the financial package for asbestos claim resolution.

In March 2008 Grace agreed to reimburse the U.S. Superfund program for the cleanup costs associated with its Libby, Montana, asbestos facility

Asbestos Awareness Conference To Focus on Public Health, Environment and The Economy

The Asbestos Disease Awareness Organization (ADAO), the largest U.S. organization serving as the voice of asbestos victims, presents its 7th Annual Asbestos Awareness Conference, Asbestos: Impact on Public Heath, Environment, and the Economy. The event will be held April 1 - 3, 2011, at the Atlanta Marriott Buckhead Hotel & Conference Center. This conference is made possible with the support of the Barbara Ann Karmanos Cancer Institute. Presentations will include occupational and non-occupational exposure issues, detection and treatment advances, environmental and economic impact, national and global policy. 

The international conference brings together experts from around the globe to collaborate and enhance efforts to completely ban asbestos. Attendees will hear about the most advanced medical, occupational and environmental information to prevent home, school and work asbestos exposure; as well as disease prevention and treatment. 

The conference will also quantify the economic impact of asbestos exposure to individuals, business and the government. Speakers will represent the United States, Canada, Mexico, Brazil, Japan, and Germany. The ADAO international conference is made possible with the support and collaborative efforts of the Barbara Ann Karmanos Cancer Institute in Detroit. Registration includes continental breakfast and lunch. 

Linda Reinstein, President/CEO and Co-Founder of the Asbestos Disease Awareness Organization, knows first hand the pain that can result from asbestos exposure after loosing her husband in 2006 to mesothelioma, a leading asbestos caused cancer. “ADAO is dedicated to the three core principles – education, advocacy, and community – as reaffirmed by this year’s powerful conference,” stated Reinstein. “This year’s event brings together some of the world’s most important voices, including leading professionals from different fields who play a pivotal role in globally uniting efforts to end asbestos disease. We welcome them and thank our many generous sponsors who are helping to make this event possible. There is indeed power in knowledge.” 

According to Michael Harbut M.D., MPH, FCCP, of the Barbara Ann Karmanos Cancer Institute, “The ADAO conference is one of the best educational and awareness opportunities for physicians, public health representatives, caregivers and other advocates. We all have an opportunity to make an impact on preventing asbestos-related diseases. Whether you’re a medical professional or someone who deeply cares about the health of your loved ones, this conference offers an important network for everyone.” 

The weekend will provide information and inspiration for those impacted by asbestos-related disease as well as others who advocate for safe environments. 

The conference also will recognize US Senator Max Baucus, and others,  those who have demonstrated exceptional service to enhance asbestos awareness. The Unity and Remembrance Brunch on April 3 will honor and remember loved ones lost to asbestos exposure, as well as support others impacted by asbestos-related diseases.

Click here for to register. http://preview.tinyurl.com/4afv8jt

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EPA Adds the Riverside Industrial Park in Newark, New Jersey to the Superfund List

Seven Acre Site along the Passaic River Contaminated with PCBs and Volatile Organic Compounds

The U.S. Environmental Protection Agency has added the Riverside Industrial Park in Newark, New Jersey to the Superfund National Priorities List of the country’s most hazardous waste sites. After a 2009 spill of oily material from the industrial park into the Passaic River, the EPA discovered that chemicals, including benzene, mercury, chromium and arsenic, were improperly stored at the site. The agency took emergency actions to prevent further release of these chemicals into the river. Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs).

Benzene, mercury, chromium and arsenic are all highly toxic and can cause serious damage to people’s health and the environment. Many volatile organic compounds are known to cause cancer in animals and can cause cancer in people. Polychlorinated biphenyls are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems and are potentially cancer-causing.

EPA proposed the site to the Superfund list in September 2012 and encouraged the public to comment during a 60-day public comment period. After considering public comments and receiving the support of the New Jersey Department of Environmental Protection for listing the site, the EPA is putting it on the Superfund list.

“The EPA has kept people out of immediate danger from this contaminated industrial park and can now develop long-term plans to protect the community,” said Judith A. Enck, EPA Regional Administrator. “By adding the site to the Superfund list, the EPA can do the extensive investigation needed to determine the best ways to clean up the contamination and protect public health.”

Since the early 1900s, the Riverside Industrial Park, at 29 Riverside Avenue in Newark, has been used by many businesses, including a paint manufacturer, a packaging company and a chemical warehouse. The site covers approximately seven acres and contains a variety of industrial buildings, some of which are vacant. In 2009, at the request of the New Jersey Department of Environmental Protection, the EPA responded to an oil spill on the Passaic River that was eventually traced to the Riverside Avenue site. The state and the city of Newark requested the EPA’s help in assessing the contamination at the site and performing emergency actions to identify and stop the source of the spill. 

The EPA plugged discharge pipes from several buildings and two tanks that were identified as the source of the contamination. In its initial assessment of the site, the EPA also found ten abandoned 12,000 to 15,000 gallon underground storage tanks containing hazardous waste, approximately one hundred 3,000 to 10,000 gallon aboveground storage tanks, two tanks containing oily waste, as well as dozens of 55-gallon drums and smaller containers. These containers held a variety of hazardous industrial waste and solvents. Two underground tanks and most of the other containers were removed by the EPA in 2012. 

The EPA periodically proposes sites to the Superfund list and, after responding to public comments, designates them as final Superfund sites. The Superfund final designation makes them eligible for funds to conduct long-term cleanups. 

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The search for the parties responsible for the contamination at the Riverside Industrial Park site is ongoing.

......

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.

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