Monday, April 12, 2010
Sunday, March 31, 2013
Commission on Workmen's Compensation Laws in 1972 reported that safety should be encouraged, and that, "....Economic incentives in the program should reduce the number of work-related· injuries
|English: A picture of David Michaels, Assistant Secretary of Labor. (Photo credit: Wikipedia)|
“"I’m the first to admit this [OSHA] is broken,' said David Michaels, the OSHA director, referring to the agency’s record on dealing with workplace health threats. 'Meanwhile, tens of thousands of people end up on the gurney.'"
Thursday, March 2, 2017
Thursday, February 9, 2012
After the passing of Dr. Selikoff, Dr. Levin chaired the Environmental Sciences Department and maintained the archives of Dr. Selikoff. Dr. Levin was a leader and advocate for occupational disease research and treatment. His research work in post World Trade Center airborne toxins and disease build the foundation for the passage of the Zadroga 9-11 Health Benefits legislation enacted by Congress 14 months ago.
Joel Shufro, Executive Director of NYCOSH and Bill Henny, NYCOSH Board Chair, made the following statement, "He understood that the health of working people was directly tied to the health of the labor movement - that being organized into union or any other formation - was the first and most important step workers could take to protect their safety and health."
Stephen Levin championed the cause for helping victims of environmental and occupational disease. Ironically, like his predecessor, Dr. Selikoff, he also succumbed to cancer, the disease that they both battled against for others. Dr. Levin's will be sadly missed but his legacy will on.
Dr. Stephen Levin dead of cancer NY Daily News
"As the medical director of Mount Sinai Medical Center’s Irving J. Selikoff Center for Occupational and Environmental Medicine, Dr. Stephen Levin had long known how damaging airborne toxins were to unprotected lungs."
A memorial service will take place Tuesday, February 21, 2012 at 4 p.m. at the Mount Sinai School of Medicine's Stern Auditorium, 1468 Madison Avenue (@ E. 100th Street, New York, NY 10029.
Sunday, June 19, 2022
The workers’ compensation system nationally has been challenged over the last two plus years of the COVID Pandemic. The multi-state administered workers’ compensation program is based on a litigious patchwork of state programs with varying degrees of eligibility, procedures, and benefits.
Saturday, June 15, 2019
The following bill(s) have been scheduled for a committee or a legislative session.
Quijano, Annette/Benson, Daniel R./Lagana, Joseph A.
"Thomas P. Canzanella Twenty First Century First Responders Protection Act"; concerns workers' compensation for public safety workers.
6/20/2019 1:00:00 PM Assembly
Greenstein, Linda R./Bateman, Christopher
"Thomas P. Canzanella Twenty First Century First Responders Protection Act"; concerns workers' compensation for public safety workers.
6/20/2019 1:00:00 PM Assembly
Wednesday, January 5, 2022
COVID is the most extensive occupational exposure event in the history of the United States. Workplaces are now primed for a massive wave of compensation claims due to the Omicron variant. A recent study provides a potential opportunity for employers and insurance companies to reduce their risk exposure through early sequencing and treatment proactively.
Saturday, October 13, 2018
Tuesday, January 26, 2010
Friday, March 5, 2010
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."
Saturday, April 27, 2019
Friday, September 5, 2014
Today's post is shared from Centers for Disease Control and Prevention
Occupationally acquired meningococcal disease is rare (1). Adherence to recommendations for safe handling of Neisseria meningitidis in the laboratory greatly reduces the risk for transmission to laboratory workers (2). A California microbiologist developed fatal serogroup B meningococcal disease after working with N. meningitidis patient isolates in a research laboratory (laboratory A). The California Department of Public Health (CDPH), the local health department, the California Division of Occupational Safety and Health (CalOSHA), and the federal Occupational Safety and Health Administration (OSHA) collaborated on an investigation of laboratory A, which revealed several breaches in recommended laboratory practice for safe handling of N. meningitidis, including manipulating cultures on the bench top. Additionally, laboratory workers had not been offered meningococcal vaccine in accordance with Advisory Committee on Immunization Practices (ACIP) recommendations and CalOSHA Aerosol Transmissible Diseases Standard requirements (3,4). In accordance with OSHA and CalOSHA regulations, laboratory staff members must receive laboratory biosafety training and use appropriate personal protective equipment, and those who routinely work with N. meningitidis isolates should receive meningococcal vaccine.
- CDC. Laboratory-acquired meningococcal disease—United States, 2000. MMWR 2002;51:141–4.
- CDC, National Institutes of Health. Biosafety in microbiological and biomedical laboratories. 5th edition. Washington, DC: US Department of Health and Human Services, CDC, National Institutes of Health; 2009. Available at http://www.cdc.gov/biosafety/publications/bmbl5.
- California Division of Occupational Safety and Health. Aerosol transmissible diseases. Title 8 C.C.R. Section 5199 (2009). Available athttp://www.dir.ca.gov/title8/5199.html.
- CDC. Prevention and control of meningococcal disease: recommendations of the Advisory Committee on Immunization Practices. MMWR 2013;62(No. RR-2).
- CDC. Epidemiologic notes and reports: laboratory-acquired meningococcemia—California and Massachusetts. MMWR 1991;40:46–7,55.
- Boutet R, Stuart JM, Kaczmarski ER, Gray SJ, Jones DM, Andrews N. Risk of laboratory-acquired meningococcal disease. J Hosp Infect 2001;49:282–4.
- Sejvar JJ, Johnson D, Popovic T, et al. Assessing the risk of laboratory-acquired meningococcal disease. J Clin Microbiol 2005;43:4811–14.
- CDC. Guidelines for safe work practices in human and animal medical diagnostic laboratories. MMWR 2012;61(Suppl).
- Kimman TG, Smit E, Klein MR. Evidence-based biosafety: a review of the principles and effectiveness of microbiological containment measures. Clin Microbiol Rev 2008;21:403–25.
- California Division of Occupational Safety and Health. Respiratory protection. Title 8 C.C.R. Section 5144 (1974). Available athttps://www.dir.ca.gov/title8/5144.html.
Channing D. Sheets, MSEd1, Kathleen Harriman, PhD1, Jennifer Zipprich, PhD1, Janice K. Louie, MD1, William S. Probert, PhD1, Michael Horowitz, MS2, Janice C. Prudhomme, DO2, Deborah Gold, MPH2, Leonard Mayer, PhD3 (Author affiliations at end of text)
- Princeton University reports fourth case of bacterial meningitis since March (Video) (examiner.com)
- Disappointing summer for progress by OSHA on new worker safety regulations (workers-compensation.blogspot.com)
- Truckers Fired Over Workers' Comp Claim: What to Do Next (workers-compensation.blogspot.com)
- Healthcare Workers: Protect Yourselves! (workers-compensation.blogspot.com)
- OSHA fines Englewood, NJ, surgical center $68,000 for failing to protect workers exposed to bloodborne pathogen hazards (workers-compensation.blogspot.com)
- California Becomes First State to Set Safety Guidelines for Flavoring Chemical (workers-compensation.blogspot.com)
- OSHA Proposes Fines for NJ Uniform & Laundry Company (workers-compensation.blogspot.com)
Tuesday, November 30, 2010
In reversing the trial court the Appellate Division, held that 5 elements need to be present to prove an occupational condition:
"From our review of the history and application of Section 31, we extrapolate five common themes of occupational disease claims. First, the employee is exposed to conditions that would be viewed as creating a likely risk of injury. Second, there is continued exposure to the work conditions. Third, there is an inherent hazard of continued exposure to the conditions. Fourth, there is attached to that job a hazard that distinguishes it from the usual run of occupations. Fifth, the claim is made because of long-term exposure, not because of one specific event."
- NJ Denies an Occupational Workers Compensation For Last Exposure Applying Apportionment Rule (workers-compensation.blogspot.com)
- Study IDs Risk Factors for Blood Clots After Hip Surgery (nlm.nih.gov)
- Congress Told Workers Compensation is a Deteriorating System (workers-compensation.blogspot.com)
- Dean Emily Spieler Requests Congress to Review The Workers' Compensation Disability Rating System (workers-compensation.blogspot.com)
Friday, June 18, 2010
The European Commission has published a listing of the criteria for diagnosis occupational disease. The 272 page report is available on-line. It reviews hundreds of established occupational medical conditions.
a) The clinical features must fit in with what is known about the health effects following exposure to the specified agent. The symptoms and signs should fit, and this may be supported in some cases by suitable diagnostic tests.
b) There must be indication of sufficient occupational exposure. Evidence on exposure may be obtained through taking the occupational history, results of occupational hygiene measurements taken at the workplace, biological monitoring results, and/or records of incidents of over-exposure.
c) The time interval between exposure and effect must be consistent with what is known about the natural history and progress of the disease. Exposure must precede health effects. However, in some conditions such as occupational asthma, a past history of childhood asthma and/or asthmatic attacks occurring before occupational exposure, does notautomatically rule out the possibility of a workplace agent causing subsequent asthmatic attacks.
d) The differential diagnosis must be considered. There are non-occupational conditions that have similar clinical features as occupational diseases, and a physician will have to take this into account before diagnosing or excluding an occupational disease.
To read more about occupational exposures and workers' compensation.
Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon Gelman or call 1-973-696-7900.
Saturday, January 29, 2022
An attempt to restrict the admission of scientific evidence has been proposed on the Federal level. Even though states have maintained their independence for the most part on this issue, the suggested changes signal an emerging national effort to restrict further the admissibility of scientific evidence that may trickle down to the state judicial systems.
Friday, September 30, 2011
"The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) intends to review its approach to classifying carcinogens and establishing recommended exposure limits (RELs) for occupational exposures to hazards associated with cancer. As part of this effort, NIOSH is requesting initial input on these issues (including answers to the 5 questions in the following section), to be submitted to the NIOSH Docket number 240, for a comment period lasting through September 22, 2011. This information will be taken under consideration and used to inform NIOSH efforts to assess and document its carcinogen policy and REL policy regarding occupational hazards associated with cancer. NIOSH has also created a new NIOSH Cancer and REL Policy Web Topic Page [see http://www.cdc.gov/niosh/topics/cancer/policy.html] to provide additional details about this effort and progress updates."
"NIOSH is announcing a Request for Information on key issues identified and associated with the NIOSH Carcinogen and REL policies. Special emphasis will be placed on consideration of technical and scientific issues with the current NIOSH Cancer and REL Policies that require further examination including the following:Show citation box
(1) Should there explicitly be a carcinogen policy as opposed to a broader policy on toxicant identification and classification (e.g.carcinogens, reproductive hazards, neurotoxic agents)?Show citation box
(2) What evidence should form the basis for determining that substances are carcinogens? How should these criteria correspond to nomenclature and categorizations (e.g., known, reasonably anticipated,etc.)?Show citation box
(3) Should 1 in 1,000 working lifetime risk (for persons occupationally exposed) be the target level for a recommended exposure limit (REL) for carcinogens or should lower targets be considered?Show citation box
(4) In establishing NIOSH RELs, how should the phrase “to the extent feasible” (defined in the 1995 NIOSH Recommended Exposure Limit Policy) be interpreted and applied?Show citation box
(5) In the absence of data, what uncertainties or assumptions areappropriate for use in the development of RELs? What is the utility of a standard ”action level” (i.e., an exposure limit set below the REL typically used to trigger risk management actions) and how should it be set? How should NIOSH address worker exposure to complex mixtures?
Public Comment Period: Comments must be received by September 22, 2011.
The concept of a compensable industrial disease has developed only recently and its acceptance has lagged far behind that of industrial accidents. The original Workers' Compensation Acts, as promulgated from the year 1911 forward by many of the states, did not provide for the recognition of occupational illness and disease as compensable events. As demands have been placed upon the medical system to treat and to prevent occupational illness, the legal system, under social, economic, and political pressure, has sought to provide a remedy for the thousands of injured workers who have suffered and who are continuing to suffer from occupational illness and disease.
For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 email@example.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
- NIOSH Fails to Link Cancer as Zadroga Fund Compensable (workers-compensation.blogspot.com)
- OSHA Cites Manufacturers and Distributors of Formaldehyde Hair Products (workers-compensation.blogspot.com)
- Cell Phones and Cancer: The Static in the Debate (workers-compensation.blogspot.com)
- Industrial Disease: The Quest for Recognition - The Need for Adequate Benefits (gelmans.com)
Wednesday, December 21, 2016
Workers' Compensation insures for the consequences of infectious diseases arising out of and in the course of employment. Is the system ready for a potential onslaught of Zika claims?
The line in the sand has been drawn in the State of Florida, where an infected Miami Beach police officer has been denied benefits. The union has actively supporting the municipal employee in an effort to rule the claim compensable.
The NJ Supreme Court in establishing compensability in an occupational disease cited Justice Learned Hand, “Few adults are not diseased … an infection mastered, though latent, is no longer a disease, industrially speaking, until the individual's resistance is again so far lowered that he succumbs.” Bober v. Independent Plating Corp., 28 N.J. 160, 145 A.2d 463 (1958).