Federal judge rules proof of direct causation unnecessary for BP oil spill claimants

Today's post is shared from jurist.org

[JURIST] US District Judge Carl Barbier for the US District Court Eastern District of Louisiana [official website] ruled [order, PDF] on Tuesday that BP [corporate website] could not require businesses to provide proof their economic losses were directly caused by the 2010 Deepwater Horizon Oil Spill [JURIST news archive] under the terms of their prior settlement agreement. Under the $9.2 billion settlement, BP had agreed that businesses in certain geographical regions were presumed to have economic losses from the oil spill if those losses followed a specific pattern. BP had challenged those terms [Bloomberg report], arguing that businesses could only recover if their damages directly linked to the spill, and stating that spill payments had been wrongly inflated through fake claims and poorly calculated economic losses. Barbier wrote that "the delays that would result from having to engage in a claim-by-claim analysis of whether each claim is 'fairly traceable' to the oil spill...are the very delays that the Settlement, indeed all class settlements, are intended to avoid" and that not only was the framework BP previously agreed "an efficient and 'economically appropriate' method of determining causation," but that a showing of direct causation "would bring the claims administration process to a virtual standstill." BP has indicated that it will appeal the ruling. However, Barbier did side with BP on one...

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How to Register for the NIOSH Oil Spill Workers Voluntary Roster for Health Monitoring

The National Institute for Occupational Safety and Health (NIOSH) is developing a voluntary roster of response workers to create a record of those who have participated in cleanup activities and a mechanism to contact them about possible work-related symptoms of illness or injury, as needed. The Unified Command and BP support the roster and the goal of identifying all workers, including volunteers, involved in all response/cleanup activities. Workers have the opportunity to be rostered during training and at established staging areas (locations to which trained workers report for duty each day) in Louisiana, Mississippi, Alabama, and Florida. NIOSH also is rostering response workers online through a secure web site. NIOSH has provided the secure link to multiple federal agencies and BP, and has asked them to refer workers to the web site to complete the rostering form electronically.

As of July 15, 2010 over 38,778 workers have registered on the NIOSH roster.

NIOSH has requested that all cleanup workers and volunteers register for the following reasons:

"We know that workers may be potentially exposed to things in an oil spill cleanup: such as oils, volatile organic compounds, polyaromatic hydrocarbons, diesel fumes, heat, noise, and heavy lifting.

"We know that training will help provide information to workers about these exposures, and we are interested in what training workers receive.

"We want to gather information from workers involved in cleanup, so that after cleanup is over, we can see if workers experienced any symptoms related to the oil spill work. Oil spill exposures may cause some workers to experience symptoms like skin rash, throat irritation and cough, and back pain. We do not know if these symptoms will occur or if they do, what will be the extent of these symptoms. We want to learn as much as we can in order to reduce symptoms now and in the future.

"Documenting symptoms in this incident may provide information that NIOSH can use to protect the health of workers in this clean up and in future clean-up efforts.

Click here for the Roster Form.

To read more about federalization and workers' compensation click here.

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.

Oil Spill Workers Hazards May Cause Health Hazards The National Institute of Medicine held a hearing yesterday, continuing today, in New Orleans.

Heat, exposure to chemicals and changes caused by the disaster, yield a recipe for serious medical conditions, so reported a group of presenters at the National Institutes of Medicine conference in New Orleans. Those conditions include lung, kidney and liver function.

June 22, 2010

8:00 a.m. Registration
8:30 a.m. Welcome Harvey V. Fineberg, President, IOM
8:40 a.m. Charge to the IOM
Nicole Lurie, Assistant Secretary for Preparedness and Response, Department of Health and Human Services
8:50 a.m. Introductory Remarks
Planning Committee Chair: Nancy E. Adler, University of California, San Francisco
9:00 a.m. The Compelling Need to Understand the Effects of Oil Spills on Human Health

• Bernard D. Goldstein, University of Pittsburgh
• Blanca Laffon, University A Coruna
• Edward B. Overton, Louisiana State University

9:45 a.m. The Response of the Federal Government to Health ConcernsJohn Howard, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention
SESSION I. AT-RISK POPULATIONS AND ROUTES OF EXPOSURE

10:00 a.m. Panel Discussion. Taking Stock: Who Is at Risk and How Are They Exposed?
Moderator: Linda Rosenstock, University of California, Los Angeles

• Routes of Exposure and At-Risk Populations - Paul J. Lioy, Rutgers University
• Residents of Affected Regions: General and Special Populations - Maureen Y. Lichtveld, Tulane University
• Occupational Risks and Health Hazards: Workers and Volunteers - Scott Barnhart, University of Washington

SESSION II. SHORT- AND LONG-TERM EFFECTS ON HUMAN HEALTH

11:10 a.m. Panel Discussion. The Here and Now: What are the Short-term Effects on Human Health?
Moderator: Linda A. McCauley, Emory University

• Short-term Physical Effects - Nalini Sathiakumar, University of Alabama at Birmingham
• Short-term Psychological Stress - Howard Osofsky, Louisiana State University 
• Heat Stress and Fatigue - Thomas E. Bernard, University of South Florida

12:20 p.m. LUNCH (on your own)

1:30 p.m. Panel Discussion. The Need to Know: What Are the Potential Delayed and Long-term Effects on Human Health?
Moderator: Kenneth Olden, Hunter College of the City University of New York

• Neurological, Cancer, and Other Chronic Conditions - Peter Spencer, Oregon Health & Science University
• Human Reproduction - Brenda Eskenazi, University of California at Berkeley
• Impact on Health and Vulnerabilities of Children - Irwin Redlener, National Commission on Children and Disasters
• Stress - Sheldon Cohen, Carnegie Mellon University
• Lessons Learned from Previous Oil Spills - Lawrence A. Palinkas, University of Southern California

SESSION III. STRATEGIES FOR COMMUNICATING RISK
3:00 p.m. Engaging the Public, Protecting Health
Presenter: David Abramson, Columbia University
3:20 p.m. Dialogue with Workshop Participants
Moderator: Mike Magee, Healthy-Waters.org

• Brief Invited Remarks - Community Perspectives:
  - Myra Lewis
  - Diem Nyugen- Wilma Subra
  - John Hosey (invited) 
• Open Dialogue with Audience

4:20 p.m. Day 1 Closing Remarks
Nancy E. Adler, University of California, San Francisco
4:30 p.m. ADJOURN

June 23, 2010

8:30 a.m. Registration
9:00 a.m. Recap of Day 1 Discussions and Overview of Day 2Nancy E. Adler, University of California, San Francisco
9:10 a.m. Remarks from the Surgeon General of the United States Public Health ServiceVice Admiral Regina M. Benjamin
SESSION IV. OVERVIEW OF HEALTH MONITORING ACTIVITIES
9:20 a.m. Panel Discussion. How are State Governments Currently Monitoring the Effects of the Gulf of Mexico Oil Spill on Human Health?
Moderator:  LuAnn E. White, Tulane University

• Jimmy Guidry, Louisiana State Health Officer
• Mary Currier, Mississippi State Health Officer
• Ana M. Viamonte Ros, Florida State Surgeon General
• Donald E. Williamson, Alabama State Health Officer
• Bruce Clements, Director of the Community Preparedness Section, Texas Department of State Health  Services

SESSION V. RESEARCH METHODOLOGIES AND DATA SOURCES
10:30 a.m. Panel Discussion. Critical Thinking: What Research Methodologies and Data Sources Could Be Used in Surveillance and Monitoring Activities?
Moderator: John C. Bailar III, University of Chicago

• Overview of Research Methodologies and Data Collection - Lynn R. Goldman, Johns Hopkins Bloomberg School of Public Health
• Surveillance and Monitoring - Thomas D. Matte, Hunter College, City University of New York
• Environmental Assessment, Risk, & Health - William H. Farland, Colorado State University
• Mental Health - Howard Osofsky, Louisiana State University
• Biomedical Informatics and Registries - Daniel R. Masys, Vanderbilt University School of Medicine

12:20 p.m. LUNCH (on your own)
SESSION VI. FUTURE DIRECTIONS AND RESOURCE NEEDS
1:30 p.m. Panel Discussion. Looking Ahead: How Do We Develop Effective Surveillance and Monitoring Systems?
Moderator: David A. Savitz, Mount Sinai School of Medicine

• Nancy E. Adler, University of California, San Francisco
• John C. Bailar III, University of Chicago
• Lynn R. Goldman, Johns Hopkins Bloomberg School of Public Health
• Maureen Y. Lichtveld, Tulane University
• Linda A. McCauley, Emory University
• Kenneth Olden, Hunter College of the City University of New York
• Linda Rosenstock, University of California, Los Angeles

3:20 p.m. Closing RemarksNancy E. Adler, University of California, San Francisco
3:30 p.m. ADJOURN

NJ Files Lawsuits Against Two Waterfront Sites for Contamination

As part of the State of New Jersey’s continuing commitment to protect public health and restore natural resources degraded by those who refuse accountability, Attorney General Gurbir S. Grewal and Department of Environmental Protection (DEP) Commissioner Catherine R. McCabe today announced the filing of two lawsuits to compel the clean-up of contamination and recover Natural Resource Damages (NRDs).

NJ Sues Several Companies for Environmental Pollution

Acting Attorney General Matthew J. Platkin and Commissioner of Environmental Protection (DEP) Shawn M. LaTourette announced today the filing of seven new environmental enforcement actions across the state.

Why We’re Still Killing Workers in the USA

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

The AFL–CIO’s annual report on job fatalities is out, and provides some interesting fodder for thought.

It’s no surprise that North Dakota – – with its “wild West” environment for oil and gas extraction on the Bakken Shale was the most dangerous place – – with 17.7 deaths per 100,000 workers versus the national average of 3.4.

Nationally, 4600 workers died on the job in 2012. While that number has fallen since safety laws were implemented in the 1970s, the decline has flat-lined over the most recent decade. It was 4.2 deaths per 100,000 workers in 2006, now still at 3.4 in 2012.

The AFL–CIO report contains maps that reflect part of the reason for the stall-out: the vast majority of the states with the highest fatality rates contain the 8 million workers in states with no federally approved OSHA safety and health plan. The report graphically portrays another salient fact: the number of federal OSHA inspectors per 1 million workers has fallen from a high of 15 in 1980 to 6.9 in 2013.  OSHA has been so underfunded over recent years that it would take an average of 139 years for available OSHA inspectors to visit each workplace in their jurisdiction just once. (In some states that number is even more staggering – – 521 years for South Dakota.)

The AFL-CIO report reflects some other interesting facts concerning the demographics of workplace fatalities – – not surprisingly, being foreign-born or Latino puts a worker at a higher risk of fatality, and homicide was the number one cause of death for women in the workplace in 2012.

But, getting back to the “oil patch” in North Dakota, we see other disturbing trends in the culture of workplace injury that accompany the decreasing application of safety regulation. With job growth tripling in North Dakota’s oil patch since 2007, while workers’ compensation filings are up, many injured workers are encouraged by employers in the extractive industries not to file, with many companies working out sidebar deals with injured workers. Injury rates are being kept artificially low by rewards for not reporting. As the AFL–CIO’s safety chief, Peg Semenario, has said, underreporting warps national safety figures in an industry that is already notoriously opaque.

And the culture of creating false indicators of workplace safety will likely have tremendous implications down the line when the 2000 tons of silica-rich sand used in the cement casing of each fracking well begins to work its way into workers’ lungs. NIOSH reported in 2012 that 92 of 116 air samples at franking sites exceeded the recommended safe levels of silica, which can lead to incurable, irreversible lung disease.

 

 Photo credit: Craig Newsom / Foter / Creative Commons Attribution-NonCommercial-NoDerivs 2.0 Generic (CC BY-NC-ND 2.0)

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EPA unveils first methane regulations

Are the proposed methane regulations string enough to protect the environment and public health from radiation exposure and global warming? Environmentalists think not. Today's post is shared from hillcom/ The Obama administration on Wednesday unveiled first-ever regulations targeting methane emissions from industrial sources directly, setting the stage, experts say, for future action to rein in the greenhouse gas. The standards, which will be proposed by the Environmental Protection Agency this summer, are one piece of a larger effort that the administration says will help it to achieve its new goal to slash methane emissions from the oil and gas sector by 45 percent. The 2025 reduction target will be based on 2012 levels, the White House said. Experts say that while the initial actions announced by the administration aren’t enough to reach the 45 percent target by 2025, the move is “significant.” Methane, the primary component of natural gas, is an extremely potent greenhouse gas with 25 times the warming potential of carbon dioxide over a 100-year time period. Jessika Trancik, assistant professor at MIT, said one “critical” missing component from the pending proposal is language targeting methane emissions from existing wells, equipment and the like in oil and gas operations. Wednesday’s actions include two main regulations that the EPA and Interior Department will propose, which target methane from new and modified oil and gas wells and equipment responsible for venting and flaring on public lands. Trancik said a concern shared among scientists and researchers is that the 40 percent to 45 percent reduction target...

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Read more about methane:

Workers' Compensation: Internal EPA report highlights ...

Aug 08, 2013

In an internal EPA PowerPoint presentation obtained by the Tribune/Los Angeles Times Washington Bureau, staff members warned their superiors that several wells had been contaminated with methane and substances such ...

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Now Google Street View Is Mapping Gas Pipeline Leaks

Aug 21, 2014

They returned to sites where methane spikes were detected to confirm the presence of a leak. The results were released Wednesday by the Environmental Defense Fund, which coordinated the project, revealing just how ...

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Workers' Compensation: West Virginia Coal Country Sees ...

Dec 01, 2014

That history ended in November, with the indictment of Donald L. Blankenship, the chief executive whose company owned the Upper Big Branch mine near here, where an explosion of methane gas in 2010 spread like a ...

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China Coal Mine Gas Explosion Kills Dozens Of Workers

Dec 15, 2013

Such accidents are usually caused by a failure to ventilate methane gas from the shaft. Safety improvements have reduced the number of deaths in recent years, but regulations are still often ignored. The official Xinhua News ...

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Occupational Exposure to Silica During Hydraulic Fracking

While focus has been on environmental concerns with the advent of fracking, a process to release oil and gas, a new concern has emerged over the potential occupational exposure to silica by workers who are involved in the process. The National Institute for Occupational Safety and Health has published information focusing on these safety concerns.

Silica exposure has long been recognized as a compensable occupational condition in a majority of jurisdictions. A sandblaster who was required to use several 100 pound bags of silica each day and who, as a result of the inhalation of silica dust, developed silicosis was awarded compensation benefits in the form of both disability and medical benefits. Sharp v. Paterson Monument Co., 9 N.J.Super. 476, 75 A.2d 480 (Co.1950). The increased risk for occupational exposure to tuberculosis (TB) is recognized among healthcare and other workers exposed to persons with active TB and workers exposed to silica or other agents that increase the progression from latent to active TB. CDC Proportionate Mortality from Pulmonary Tuberculosis Associated With Occupations—28 States, 1979–1990. MMWR 1995; Vol. 44/No. 1:14-19.

Click here to read more: Worker Exposure to Crystalline Silica During Hydraulic Fracturing

"Hydraulic fracturing or “fracking” is the process of injecting large volumes of water, sand, and chemicals into the ground at high pressure to break up shale formation allowing more efficient recovery of oil and gas. This form of well stimulation has been used since the late 1940s, but has increased substantially over the last 10 years with the advent of horizontal drilling technology that greatly improves access to gas deposits in shale. Approximately 435,000 workers were employed in the US oil and gas extraction industry in 2010; nearly half of those workers were employed by well servicing companies, which includes companies that conduct hydraulic fracturing (BLS)."

...

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 work related accident and injuries.

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EPA Fines Phoenix-based Company $95,000 for PCB violations

Today's post was shared by US EPA News and comes from yosemite.epa.gov

SAN FRANCISCO – The U.S. Environmental Protection Agency has required Veolia ES Technical Solutions, LLC to pay a $95,000 civil penalty for failure to properly manage PCBs (polychlorinated biphenyls) at its Jefferson Avenue facility in Phoenix, Ariz.  The violations stemmed from two inspections in 2008 and 2010. EPA inspectors found the company used PCB-contaminated structures, and improperly stored and disposed of PCBs in violation of the federal Toxic Substances Control Act.“Our goal is to safeguard workers and nearby communities from the health hazards of PCBs,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest.  “This settlement ensures that Veolia will take necessary steps to improve its storage and disposal practices.”Veolia Environmental Services North America, the parent company of Veolia ES Technical Solutions, LLC, employs over 5,400 staff generating $1.1 billion in revenues in 2012.  The company specializes in the management, treatment and disposal of waste. PCBs are man-made organic chemicals used in paints, industrial equipment, plastics, and cooling oil for electrical transformers.  More than 1.5 billion pounds of PCBs were manufactured in the United States before the EPA banned the production of this chemical class in 1978, and many PCB-containing materials are still in use today....

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Did Halliburton cut a good deal with Justice?

Today's post was shared by FairWarning and comes from articles.washingtonpost.com

Is the criminal plea agreement Halliburton struck with the Justice Department on Thursday a good deal for the company?

The terms seemingly marked a setback for the Houston-based oil services giant, which had asserted its innocence in the 2010 Gulf of Mexico oil spill that killed 11 people and poured nearly 5 million barrels of oil offshore. Now Halliburton concedes that employees twice erased computer simulations that undercut the company’s argument about the causes of the disaster.

But investors on Friday shrugged off that admission. After the announcement Friday of a share buyback program of up to $3.3 billion, Halliburton’s stock closed at $45.98, up 3.7 percent.

And the terms of the company’s settlement with Justice also could be viewed less harshly:

Halliburton will pay the maximum fine for a misdemeanor, but the $200,000 is equal to just under four minutes’ revenue for the company.

The company will pay $55 million to the National Fish and Wildlife Foundation, but that payment might be considered tax deductible since the foundation, a conservation grant-making organization created by Congress in 1984, is a nonprofit group.

“One might read this as a deterrent in the reverse sense, in that it strongly encourages future corporate defendants to admit guilt, make separate unconditional payouts and cooperate like crazy, with the ‘carrot’ being a mere misdemeanor conviction,” said Robert Weisberg, law professor...

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Synchronizing Federal Care for Oil Spill Workers

The need for coordination of Federal benefits for oil spill workers is now becoming a major concern. It is becoming more apparent, by the day, that the State programs are now stretched beyond their limits to respond to the crisis. As The Path To Federalization expands, this debate will expand.

A recent study by the Center for American Progress addresses these concerns.


"Health threats from the oil spill may linger unseen, perhaps for more than a generation. And we will not be fully prepared to address the public health problems that arise in the future unless there is an effective and coordinated handover of responsibilities for protecting public health from the emergency response agencies to agencies with the capability and capacity for long-term monitoring and management. Federal agencies have been pulled in as needed in the gulf spill response, but it’s not clear that the Health and Human Services response has been synchronized from the top to ensure effective delivery and coordination."


"In short, the spill reiterates why we need to better manage the short- and longterm responses required to address the public health threats such disasters pose whether they are manmade or due to natural causes."

To read more about federalization and workers' compensation click here.

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.

Reports of Worker Fatalities during Flowback Operations

John Snawder, Ph.D, DABT; Eric Esswein, MSPH, CIH; Bradley King, MPH, CIH; Michael Breitenstein, BS; Marissa Alexander-Scott, DVM, MS, MPH; Kyla Retzer, MPH; Max Kiefer, MS,CIH and Ryan Hill, MPH.

Although worker safety hazards in the oil and gas extraction industry are well known, there is very little published data regarding occupational health hazards (e.g., types and magnitude of risks for chemical exposures) during oil and gas extraction operations. To address the lack of information, NIOSH requests assistance from oil and gas stakeholders in further characterizing risks for chemical exposures during flowback operations and, as needed, develop and implement exposure controls. This blog briefly describes flowback operations and addresses reports made known to NIOSH of recent worker fatalities related to or located at flowback operations. Worker Fatalities NIOSH learned about several worker fatalities associated with flowback operations through media reports, officials with the Occupational Safety and Health Administration (OSHA), and members of the academic community. According to our information, at least four workers have died since 2010 from what appears to be acute chemical exposures during flowback operations at well sites in the Williston Basin (North Dakota and Montana). While not all of these investigations are complete, available information suggests that these cases involved workers who were gauging flowback or...

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BP claims investigation finds attorney took $40K kickback in exchange for expediting nearly $8M claim

Today's post was shared by Legal Newsline and comes from legalnewsline.com

The results of a two-month long investigation into allegations of fraud within the 2010 oil spill settlement program have revealed an alleged kickback scheme enacted by a claims attorney. Lionel Sutton, a former senior attorney within the Court Supervised Settlement Program, or CSSP, is accused of taking a $40,000 referral fee from the Andry Lerner Law Firm and attempted to more quickly resolve a claim worth $7,908,460. The New Orleans firm, which bills itself as “BP Oil Spill Lawyers” on the firm website, is accused of using Sutton’s position within the claims center to make the acceptance of the claim in question faster and easier. Freeh The investigation was headed by ex-FBI Director Louis B. Freeh who was asked to be a special investigator on the case by U.S. District Judge Carl Barbier in early July after claims administrator Patrick Juneau revealed that an internal investigation into the CSSP showed potential conflicts of interest. The $7.9 million claim in question was originally a case handled by Christine Reitano, Sutton’s wife, who shortly after receiving the case became an employee of the claims administration office. Subsequent to her appointment Sutton is alleged to have referred the case to the Andry Lerner Law Firm for a referral fee to be paid to Crown LLC, a water reclamation company he owned and in which Andry Lerner partner Glen Lerner had invested $1 million. Freeh stated in the report that...

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Rail Workers Raise Doubts About Safety Culture As Oil Trains Roll On

BNSF Railway tank car 880362 in a train passing Glen Haven, Wisconsin. (Photo credit: Wikipedia)

Today's post is shared from earthfix.opb.org. SNOHOMISH, Wash. — Curtis Rookaird thinks BNSF Railway fired him because he took the time to test his train’s brakes. The rail yard in Blaine, Washington, was on heightened security that day, he remembers, because of the 2010 Winter Olympics underway just across border in Vancouver, B.C. The black, cylindrical tank cars held hazardous materials like propane, butane and carbon monoxide. The plan was to move the train just more than two miles through three public crossings and onto the main track. Rookaird and the other two crew members were convinced the train first needed a test of its air brakes to guard against a derailment. But that kind of test can take hours. A BNSF trainmaster overheard Rookaird talking over the radio about the testing. He questioned if it was necessary. The crew was already behind schedule that day. Rookaird stood firm. “If you don’t have brakes the cars roll away from you,” Rookaird would later say. “You don’t have control of the train, you can crash into things.” The trainmaster replied by saying he didn’t intend to argue. They’d talk about it later. Then he phoned their boss. Minutes later, managers had a crew ready to replace Rookaird’s. Within a month, after Rookaird got federal investigators involved, he received a letter from BNSF informing him his employment had been terminated. That account — based...

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Occupational Risks and Health Hazards to Oil Spill Workers & Volunteers

Video Highlight: Welcome Remarks by Harvey V. Fineberg, President, IOM

Several days ago the US Institutes of Medicine held a conference on the medical conditions potentially related to occupational exposures arising out of the gulf oil spill. The complete program,  Assessing the Human Health Effects of the Gulf of Mexico Oil Spill: An Institute of Medicine Workshop, is now available online.

To read more about petroleum exposure and workers' compensation click here.

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. 

EPA Updates Oil and Gas Standards for Storage Tanks

Today's post was shared by US EPA News and comes from yosemite.epa.gov

 

Release Date: 08/05/2013

Contact Information: Enesta Jones, jones.enesta@epa.gov, 202-564-7873, 202-564-4355

WASHINGTON – Today the U.S. Environmental Protection Agency (EPA) issued updates to its April 2012 oil and natural gas standards for storage tanks, which allow responsible oil and natural gas production while ensuring air emissions are reduced as quickly as possible. The updates will phase in emission control deadlines, starting with higher-emitting tanks first, and will provide the time needed to ramp up the production and installation of controls. EPA is making the changes based on information received after the 2012 standards were issued that shows more storage tanks will come online than the agency originally estimated.Storage tanks that emit 6 or more tons of volatile organic compounds (VOCs) a year must reduce emissions by 95 percent. Today’s rule establishes two emission control deadlines:

· tanks that come online after April 12, 2013 are likely to have higher emissions and must control VOC emissions within 60 days or by April 15, 2014, whichever is later; and

· tanks that came online before April 12, 2013 are likely to have lower emissions and must control VOC emissions by April 15, 2015.

The updated standards also establish an alternative emissions limit that would allow owners/operators to remove controls from tanks if they can demonstrate that the tanks emit less than 4 tons per year of VOC emissions without controls. In...

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National Experts Call Workers Compensation System Irrational and Unjust

National workers' compensation experts, Law school Dean Emily A. Spieler and Professor John F. Burton, in a recently published article in the American Journal of Industrial Medicine conclude that the present that the present  workers' compensation systems is "irrational" and "unjust." 

Characterizing the program as "....dizzying and frustrating in its complexity, and apparent irrationality,"   they conclude that "a substantial proportion of persons with work-related disabilities do not receive workers' compensation benefits." They review such alternatives as universal medical care, "providing healthcare to workers regardless of the source of injuries or disease."

Click here to read the entire article, "The Lack of Correspondence Between Work-Related Disability and Receipt of Workers' Compensation Benefits," American Journal of Industrial Medicine 55:487-505 (2012).

Related Articles on Alternative Compensation Programs

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