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Monday, March 19, 2012

National Asbestos Awareness Week - April 1 to 7 2012

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.

Friday, November 25, 2011

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

Briefs and Documents

Merits Briefs for Petitioners

Amicus Briefs in Support of the Petitioners

Merits Briefs for the Respondents

Brief for Railroad Friction Products Corp. and Viad Corp.

Amicus Briefs in Support of the Respondents

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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Tuesday, November 15, 2011

US Supreme Court, Health Care & Workers' Compensation

The Supreme Court of the United States. Washin...

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The winds of change have brought a new health care system to the US. The US Supreme Court will now have an opportunity to express it's opinion on the validity of the legislation. The new system, that provides additional worker protections, and a prototype of a universal medical care system ,"Libby Care," encompassing workers' compensation claims, reflects changes desperately needed.

Monday, November 14, 2011

Chicago Contractors Fines $280,000 For Asbestos Violations

The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Chicago companies, T2 G.C. LLC, which operates as T2 Construction, and Gramek Construction Inc. for failing to protect workers from asbestos hazards at a job site in May. T2 Construction faces proposed fines of $141,600 and Gramek Construction faces proposed fines of $138,600, for a combined total of $280,200.

T2 Construction was the general contractor at the Chicago job site, which involved a 90-year-old, 80,000-square-foot building. T2 oversaw the activities of demolition contractor Gramek Construction, including the removal of floor tile and pipe insulation that allegedly contained asbestos.

"Failing to conduct an asbestos assessment and require workers to wear personal protective equipment when working with material potentially contaminated by asbestos shows a blatant disregard for their health and safety," said OSHA Regional Administrator Michael Connors in Chicago. "Safe and healthful working conditions should be paramount on every job site, and OSHA is committed to protecting workers, especially when employers fail to do so."

T2 Construction was cited for two willful health violations including failing to have a competent person conduct an initial assessment prior to commencing Class I and Class II asbestos work, and failing to ensure compliance with the asbestos standard as the general contractor. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement or plain indifference to employee safety and health.

Additionally, T2 Construction was cited for 14 serious violations involving asbestos control procedures, such as failing to conduct air and exposure monitoring, failing to follow specific engineering controls and practices, failing to remove tile intact, allowing dry sweeping of dust and residue, failing to provide hygiene facilities for workers conducting asbestos removal and failing to ensure that employees wore adequate personal protective clothing while performing asbestos work. 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.

Gramek Construction was cited for one willful health violation for failing to have a competent person conduct an initial assessment prior to commencing Class I and Class II asbestos work. The company also was cited for 24 serious health and safety violations, 18 of which involved violations of asbestos control procedures such as failing to conduct air and exposure monitoring, failing to follow specific engineering controls and practices, allowing dry sweeping of dust and residue, failing to implement a respiratory protection program, failing to provide hygiene facilities for workers conducting asbestos removal and failing to ensure that employees wore adequate personal protective clothing for asbestos work. The remaining six serious safety violations were cited for lack of fall protection and training as well as electrical hazards.

The citations issued to T2 Construction can be viewed athttp://www.osha.gov/ooc/citations/T2GCLLCdbaT2Construction_315512137_1102_11.pdf*

The citations issued to Gramek Construction can be viewed athttp://www.osha.gov/ooc/citations/GramekConstrcutionInc_315512145_1102_11.pdf*

Each 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.

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.

Thursday, October 6, 2011

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

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.

Tuesday, September 20, 2011

Asbestos Victims in Libby Settle Case for $43 Million

The asbestos victims in Libby, Montana, have settled their case against the State of Montana for $43 Million. The case alleged that Montana had failed to take proper action to curb the asbestos production at the WR Grace vermiculite plant.

Asbestos is a known carcinogen causally related to asbestosis, lung cancer and mesothelioma. WR Grace manufactured asbestos containing vermiculite as an insulation product. The production process contributed to the toxic contamination of the geographical area and both the workers and the residents developed asbestos related illness on a massive scale. The US Environmental Protection Agency designated Libby, MT, as a Superfund Site for cleanup and remediation.

Additionally, the Obama health care reform legislation, extended universal medical care (Libby Care) through Medicare to all residents of Libby who were exposed to fiber. This innovated medical insurance program can be extended to other areas designated as a national health emergency areas. Eventually all occupational disease claims in workers' compensation could be encompassed by the program.

The costs for medical benefits extended to the residents of Libby will be reimbursed through the Medical Secondary Acts as directed by The Centers for Medicare and Medicaid Services. This concept is already in place throughout the US.

For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Monday, July 11, 2011

Better Control Over Asbestos Contaminated Sites Required

Senator Max Baucus (MT)

The recent discovery of the spread of asbestos contamination in Libby MT, which had been declared a Public Health Emergency, is shocking. Asbestos, a known carcinogen, associated with mesothelioma, is reportedly still lingering throughout the community.

Montana's senior U.S. Senator Max Baucus vowed to find answers regarding reports today of asbestos-contaminated bark and wood chips being sold in Libby, MT and beyond.

"We've made tremendous strides in the effort to help Libby heal with health care and environmental cleanup. But trust is essential to Libby's ability to heal psychologically and economically. Now it appears EPA's actions may have put that trust in jeopardy, so you can bet I'll be holding EPA's feet to the fire to find out exactly what they knew, when they knew it, and whether action is needed to ensure the safety of folks in Libby and across the country who were exposed to this bark," Baucus said. "The people of Libby have already been poisoned in the name of greed and I won't allow them to be victimized again because of negligence. We need to work together to make sure safety information is complete and transparent so the community can move forward and create jobs with faith in the agencies and processes that are supposed to protect them."

Since news reports first linked widespread deaths and illness to exposure to deadly asbestos fibers at the defunct W.R Grace and Co. mine, Baucus has visited Libby more than 20 times, secured millions for healthcare and cleanup, brought numerous White House cabinet secretaries to the town, helped save the CARD clinic, and has dogged the EPA to keep cleanup efforts moving forward.

As far back as 1999, Baucus wrote a letter to then Secretary of Health and Human Services Donna Shalala requesting immediate medical help and assistance to the area. He further lambasted the EPA's decision to not declare a Public Health Emergency, calling it an "outrage."

Earlier this year Baucus was announced as the 2011 Tribute of Hope Award recipient by the Asbestos Disease Awareness Organization (ADAO) for his tireless efforts fighting on behalf of residents of Libby, Lincoln County and Asbestos victims everywhere. In March, the Senate unanimously passed Baucus' resolution to designate the first week of April 2011 as "Asbestos Awareness Week," and call attention to Libby and other victims of asbestos-related disease.

The continued spread of this contamination is yet another reason why the US must finally ban asbestos entirely.

Wednesday, June 15, 2011

Health Reform Coverage for Asbestos Victims Expands

The Federal health reform medical coverage for asbestos victims is expanding in Libby Montana. The announcement was made by Senator Baucus who sponsored the innovated unified Federal healthcare legislation that is a national pilot program for the treatment of occupational illness and diseases..

"Libby Care" is an innovated plan under which the Federal government provides medical care to those who were exposed to asbestos fiber in the geographical area of the Libby asbestos mines. The mines were operated by WR Grace. The program is a pilot plan providing for free coverage to asbestos victims and is administered by Medicare. The pilot program may expand the Federal government's future role in providing medical coverage for all occupational exposure claims and thus avoid the litigious and burdened workers' compensation medical treatment system.

Montana's senior U.S. Senator Max Baucus today announced additional asbestos-related health services to be included under the health care coverage he secured for Lincoln County asbestos victims in the Affordable Care Act.

"The people of Libby and Lincoln County suffered a horrendous injustice in the name of greed, and we have a responsibility to help them heal however we can. We secured a Public Health Emergency Declaration in Libby to make sure these folks had access to all the tools they needed. Providing Libby victims with the consistent, reliable, health care they are entitled to under the law is the least we can do to help right this outrageous wrong," Baucus said.

Dr. Brad Black, Medical Director of the Center for Asbestos Related Disease in Libby said, "CARD, our patients, and the Libby community greatly appreciates Senator Baucus' work to secure legislation to provide long-term asbestos health benefits and screening. Medicare benefits, the Medicare Pilot Program for Asbestos Related Disease and ongoing asbestos screening are critical services for the affected population of today and tomorrow."

CARD is a community based non-profit organization established in 2000 that is committed to providing asbestos screening and healthcare related to the Libby asbestos exposure.

"While some in Congress are trying to end Medicare as we know it for Montanans, we strengthened it and improved access to better health care for folks in places like Libby," said U.S. Senator Jon Tester. "Today the people of Libby have better access to the health care services they need and deserve. It's a powerful investment in Montana's people."

The Centers for Medicare and Medicaid Services (CMS) said today the agency would begin covering the additional benefits July 1, 2011 under a permanent pilot program Baucus included in the Affordable Care Act to ensure Libby victims received the full range of services needed to treat asbestos diseases. Benefits cover services not already included under Medicare coverage Libby asbestos victims now receive under the law, including:

Special home care services;
Special medical equipment;
Help with travel to get care;
Special counseling, for example, help quitting smoking;
Nutritional supplements; and
Prescription drugs not covered by Medicare drug plans (Participants in the Pilot Program must be in a Medicare drug plan to receive this benefit.)

According to CMS, individuals participating in the Pilot Program will also be able to work with a nurse case manager to coordinate their health benefits and receive individualized care planning.

Today's news is the third step in Baucus' provisions to secure health care coverage for Libby under the Affordable care Act. In Spring 2010, as part of Baucus' provisions, victims of asbestos exposure in Lincoln County began getting care under Medicare. In March of 2011, Baucus announced a grant program to help Lincoln County health care providers screen for asbestos-related diseases. Before the new program announced today, Libby asbestos victims relied on temporary and uncertain grants programs to receive the additional care they needed.

Individuals can call 1-888-469-9464 to enroll in the pilot by phone or visit the websitewww.noridianmedicare.com/ard beginning June 14.

Earlier this year Baucus was announced as the 2011 Tribute of Hope Award recipient by the Asbestos Disease Awareness Organization (ADAO) for his tireless efforts fighting on behalf of residents of Libby, Lincoln County and Asbestos victims everywhere. In March, the Senate unanimously passed Baucus' resolution to designate the first week of April 2011 as "Asbestos Awareness Week," and call attention to Libby and other victims of asbestos-related disease.

Additional background on Baucus' longstanding efforts to secure declaration of a Public Health Emergency in Libby:

Baucus has been a long-time champion of asbestos awareness in his efforts to declare the mining tragedy in Lincoln County a public health emergency and make sure folks there have access to the clean-up tools and health care they need.

Since news reports first linked widespread deaths and illness to exposure to deadly asbestos fibers at the defunct W.R Grace and Co. mine, Baucus has visited Libby more than 20 times, secured millions for healthcare and cleanup, brought numerous White House cabinet secretaries to the town, helped save the CARD clinic, and has dogged the EPA to keep cleanup efforts moving forward.

The mine near Libby, Montana, was the source of over 70 percent of all vermiculite sold in the U.S. from 1919 to 1990. There was also a deposit of asbestos at that mine, so the vermiculite from Libby was contaminated with asbestos. Vermiculite from Libby was used in the majority of vermiculite insulation in the U.S. and was often sold under the brand name Zonolite.

As far back as 1999, Baucus wrote a letter to then Secretary of Health and Human Services Donna Shalala requesting immediate medical help and assistance to the area. He further lambasted the EPA's decision to not declare a Public Health Emergency, calling it an "outrage."

In 2008, Baucus released a report detailing a 2002 attempt by the EPA to declare a Public Health Emergency in Libby that was thwarted by the previous Administration's Office of Management and Budget. And on June 17, 2009, due in large part to Baucus' efforts, the EPA declared its first ever public health emergency in Libby, Montana.

After securing the declaration, Baucus fought hard, as a key author of the Affordable Care Act, to make sure the law included a mechanism for residents of Libby and Lincoln County to access the health care they were entitled to as victims of a public health emergency. As a result, Libby residents began receiving coverage under Medicare in Spring 2010.

Copyright

Monday, March 19, 2012

National Asbestos Awareness Week - April 1 to 7 2012

Friday, November 25, 2011

Asbestos, Railroads and The US Supreme Court

SCOTUSblog Coverage

Briefs and Documents

Tuesday, November 15, 2011

US Supreme Court, Health Care & Workers' Compensation

Monday, November 14, 2011

Chicago Contractors Fines $280,000 For Asbestos Violations

Thursday, October 6, 2011

WHO Urges Worldwide Asbestos Ban: Mesothelioma Rates Surge

Surgery Common for Medicare Patients in Final Year of Life

Tuesday, September 20, 2011

Asbestos Victims in Libby Settle Case for $43 Million

Monday, July 11, 2011

Better Control Over Asbestos Contaminated Sites Required

Wednesday, June 15, 2011

Health Reform Coverage for Asbestos Victims Expands

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Monday, March 19, 2012

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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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Wednesday, June 15, 2011

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.