Thursday, July 1, 2010
EPA's results indicated that none of the eight dispersants tested, including the product in use in the Gulf, displayed biologically significant endocrine disrupting activity. While the dispersant products alone – not mixed with oil - have roughly the same impact on aquatic life, JD-2000 and Corexit 9500 were generally less toxic to small fish and JD-2000 and SAF-RON GOLD were least toxic to mysid shrimp."
The EPA called for further testing. The next phase of EPA’s testing will assess the acute toxicity of multiple concentrations of Louisiana Sweet Crude Oil alone and combinations of Louisiana Sweet Crude Oil with each of the eight dispersants for two test species.
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.
Saturday, April 26, 2014
|Fracking in Texas|
Today's post was shared by FairWarning and comes from www.latimes.com
Tuesday's $2.95-million civil verdict by a six-person Dallas jury is thought to be the first of its kind in the nation. Other landowners have sued over drilling and reached settlements, but legal experts think this is the first jury verdict.
Robert and Lisa Parr filed suit against Aruba Petroleum Inc. in 2011, contending that its operations near their land had contaminated the air and harmed their health. Their lawsuit has been closely watched by both critics and supporters of hydraulic fracturing, or fracking, which involves pumping water laced with chemicals into shale formations to unlock trapped oil and gas.
"I am just overwhelmed," Lisa Parr said in a telephone interview Wednesday. "I feel like I am just this little bitty girl, this little family who just beat the biggest, most powerful industry in the world."
Aruba Petroleum, based in Plano, Texas, said it had done nothing wrong and had operated within safe and legal guidelines. "We contended the plaintiffs were neither harmed by the presence of our drilling operations nor was the value of their property diminished because of our natural gas development," Aruba said in a statement.
The company said it would...
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Friday, June 4, 2010
The original workers' compensation acts of 1911 did not consider occupational illnesses and diseases compensable events. Through the years that has changed and those conditions are now compensable in most jurisdictions. The American legal system, which was based upon British common law, rapidly developed a need to adopt a mechanism for the delivery of benefits to injured workers during the early 20th century. The initial workers' compensation statutes adopted by numerous states were based upon the British statute which provided for compensation benefits in cases in which traumatic accidents had occurred but not in cases in which occupational disease was involved. While the British statute was amended by 1906 to include occupational disease, none of the American statutes reflected this modification at the time of their enactment.
"Marine oil spill responders face a variety of health and safety hazards, including fire and explosion, oxygen deficiency, exposure to carcinogens and other chemical hazards, heat and cold stress, and safety hazards associated with working around heavy equipment in a marine environment. A full discussion of these hazards is beyond the scope of this training booklet, but a brief list of hazards and their known health consequences is shown in Table 1 [see below]. Your workers should be trained to anticipate and control exposure to the hazards associated with their assigned duties.
"To determine acceptable levels of exposure and train your workers about them, consult OSHA's exposure limits in Subparts G and Z. If OSHA does not regulate an exposure of concern, consult the National Institute for Occupational Safety and Health (NIOSH) Recommended Exposure Limits (RELs) and Immediately Dangerous to Life and Health (IDLH) levels. If neither OSHA nor NIOSH has established a limit, consult the American Conference of Government Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs) for chemical, physical, and biological agents. You may use a more protective limit than OSHA's if one has been established and plan your controls accordingly. Material Safety Data Sheets from the product manufacturer may provide useful information for worker training.
"Additional Hazards Marine oil spill responders need training to work safely around these and other potential hazards. You should decide which hazards apply to your operations.
- Biological (e.g., plants, animals, insects, remediation materials)
- Slips and Trips
- Biohazardous debris (e.g., syringes on shoreline)
- Ergonomic Stresses (e.g., repetitive strain, low back pain)
- Confined Spaces
- Underwater Diving
- Unguarded Equipment
- Vehicles (e.g., aircraft, boats, cars, trucks)
- Cutting and Welding
- Fire and Explosion
- Heat or Cold Stress
- In-Situ Burning Particles
Friday, May 17, 2013
(P.L. 111-148). On March 30, 2010, the Health Care and Education Reconciliation Act of 2010
(P.L. 111-152) was signed into law. The two laws are collectively referred to as the Affordable
Care Act. The Affordable Care Act creates new competitive private health insurance markets –
called Exchanges – that will give millions of Americans and small businesses access to
affordable coverage and the same insurance choices members of Congress will have. Exchanges
will help individuals and small employers shop for, select, and enroll in high quality, affordable
private health plans that fit their needs at competitive prices. The IT systems will support a
simple and seamless identification of people who qualify for coverage through the Exchange, tax
credits, cost-sharing reductions, Medicaid, and CHIP programs. By providing a place for onestop shopping, Exchanges will make purchasing health insurance easier and more understandable
and will put greater control and more choice in the hands of individuals and small businesses."
Read more about "Federalization" and workers' compensation:
Monday, June 14, 2010
In the past, when disasters of this magnitude confronted the nation's workforce, the Federal government has established a separate compensation system to provide benefits. Based upon the new Federal national health care legislation, and the provisions enacted under the Libby Health Care Plan, it appears logical that this health disaster would be more than suitable for incorporation into a Federalized workers' compensation program.
The government has recently identified numerous hazardous chemicals and adverse health effects that may confront oil spill workers. Those include: drowning, occupational exposures exposures to dispersants, heat and cold, fatigue, confined spaces, ergonomic stress, noise, biohazards, ergonomic stresses, confined spaces, and many other conditions.
The civil liability claims are targeted to the potential ultimate wrongdoers: British Petroleum-energy company; Transocean Ltd., rig owner; Halliburton Energy Services, cement contractor; or Cameron International, blowout preventer manufacturer, under civil liability or statutory authority of the Oil Pollution Act of 1990 (OPA). The emergent issue that remains is how to deliver benefits to injured or exposed workers and volunteers. That remains in limbo. Even if the Oil Spill Liability Trust Fund were allowed to be tapped for compensation benefits, years of delay over litigation would exist before payments were actually made to victims.
A declaration of a health emergency from the Secretary of Health and Human Services at this time would appear to be more than appropriate so that the health needs of the workers and volunteers could be immediately addressed. To delay action will only adds insult to injury. Invoking, at once, of the Libby Health Care program provisions would provide a first start to much needed relief to the Gulf spill workers and volunteers.
To read more about petroleum exposure 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.
Wednesday, June 16, 2010
Despite the fact that the employee, a non-smoker, testified that he experienced headaches, a sore throat, was tired and suffered from dry mouth, the Judge did not hold the case compensable. The worker explained to the Court that he operated a mechanical sweeper that scrubbed the soiled surfaces with a product known as "Speedy Dry" as part of the spill clean up procedure.
The Court rejected the workers' medical expert who had found him 40% disabled on a pulmonary basis for chronic bronchitis, obstructive lung disease and restrictive pulmonary disease with pleural scarring. The Court relied upon the respondent's medical expert who found that the worker was 3% disabled for pulmonary disability unrelated to the occupational exposure that the defense expert diagnosed as a cough and sinus condition, and "mild bronchitis." In its analysis the Court indicated that no scientific literature was presented attributing causal relationship of the exposure to an occupational condition.
The decision was silent as to any allegation or need for medical monitoring.
Melo v. The Port Authority on NY & NJ., CP
Tuesday, October 2, 2012
OSHA cites manager of Nassau Veterans Memorial Coliseum on Long Island for asbestos and other hazards
OSHA's Long Island Area Office opened an inspection in response to an employee complaint. Investigators found that maintenance workers and electricians were exposed to asbestos or materials potentially containing asbestos while working in various locations – including the coliseum's ice plant, catwalks and a loading dock – and that SMG did not take adequate steps to address the hazards. These conditions occurred in areas not accessible to the general public.
Specifically, SMG did not identify the presence, location and quantity of materials containing or potentially containing asbestos, use engineering controls and work practices to reduce exposure levels, ensure that all Class III asbestos work (such as repair and maintenance operations where materials presumed to contain asbestos are disturbed) was conducted in regulated areas, ensure proper respirator use, post warning signs and provide asbestos awareness training for workers.
"Inhalation of asbestos fibers can lead to lung disease and cancer. That's why it is imperative that this employer take effective action to identify and minimize asbestos hazards and ensure that workers are protected against exposure," said Anthony Ciuffo, OSHA's Long Island area director.
In addition, OSHA found inadequately lighted exit routes, inoperable emergency lighting, lights not guarded against damage, defective forklifts, unsecured liquefied petroleum gas containers, electrical circuits not locked out and unguarded open-sided floors. The company also failed to provide workers with bloodborne pathogen and chemical hazard communication training. Finally, the company failed to develop procedures and provide hardware to lock out power sources to prevent the unintended activation of machinery. 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.
"A key means of preventing hazards such as these is for employers to establish and maintain effective illness and injury prevention programs in which they work with their employees to proactively identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.
Asbestos is the name given to a group of naturally occurring minerals that are resistant to heat and corrosion. Asbestos has been used as insulation for pipes, floor tiles and building materials, and in vehicle brakes and clutches. Breathing asbestos fibers can cause a buildup of scar-like tissue in the lungs called asbestosis, which can result in a loss of lung function that often progresses to disability or death. Asbestos also causes lung cancer and other diseases such as mesothelioma of the pleura, which is a fatal malignant tumor of the membrane that lines the cavity of the lung or stomach. Detailed information on asbestos hazards and safeguards, including an asbestos self-inspection checklist, is available online at http://www.osha.gov/SLTC/asbestos/index.html.
SMG has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Long Island office in Westbury at 516-334-3344.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
For over 3 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 work related accident and injuries.
Tuesday, June 29, 2010
Saturday, August 4, 2012
The U.S. Department of Labor's Occupational Safety and Health Administration has cited specialty metal forgings producer A. Finkl & Sons Co. with 26 safety violations at the company's Chicago facility, including two willful violations that involve failing to provide fall protection around open pits and rectify multiple hazards found in crane inspections. Proposed penalties total $352,700.
OSHA initiated an inspection in February after receiving a complaint alleging that cranes used in the facility were in disrepair, including having malfunctioning hoisting brakes, and that powered industrial trucks were being operated by untrained workers.
Specifically, the willful violations are failing to ensure that open pits are guarded by standard railings and/or covers to protect employees from falling in, and failing to correct deficiencies identified by crane inspections such as missing bolts, inoperable radio controls, and problems with bridges, trolleys and main hoist brakes. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Twenty-two serious violations involve failing to install hoist guards on industrial cranes, ensure that independent hoisting units on all cranes that handle hot metal have at least two holding brakes, ensure that all crane trolleys and bridges are equipped with brakes that have ample thermal capacity for the equipment's frequency of operation and which prevent the impairment of functions due to overheating, ensure that a thorough inspection of all crane ropes is completed, ensure that loads are lifted in a manner to prevent swinging on cranes and have a responsible person on-site with knowledge of cranes. Other violations include failing to ensure that ladders are placed in a manner that provides secure footing for workers, store liquefied petroleum gas containers away from stairways or other exit areas, adequately outline the rules for lockout/tagout procedures, guard live electrical parts over 50 volts, protect electrical conductors entering boxes from abrasion, and visually inspect portable plug- and cord-connected equipment for defects. 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.
One repeat violation involves failing to ensure that powered industrial trucks are examined prior to being placed into service as well as keep the trucks in a clean condition, free from lint, excess oil and grease. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. A similar violation was cited in 2006 at the same facility.
One other-than-serious violation is failing to create, certify and post the OSHA 300A summary log of injuries and illnesses or an equivalent form for the year 2011 by Feb. 1, 2012. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
"A. Finkl & Sons Co. has demonstrated a blatant disregard for the safety of its employees. When employers fail in their responsibility to provide a safe workplace, OSHA will take all necessary action to protect workers on the job," said Nick Walters, OSHA's regional administrator in Chicago.
Due to the willful and repeat violations and the nature of the hazards, OSHA has placed A. Finkl & Sons Co. in the agency's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. For more information about the program, visit http://s.dol.gov/J3.
The company previously has been inspected by OSHA 24 times since 1970, with 17 inspections resulting in citations for various violations. The two most recent previous inspections, in 2006 and 2007, resulted in citations for willful and repeat violations related to fire and fall hazards.
The citations can be viewed at http://www.osha.gov/ooc/citations/AFinklandSons_191122.pdf.
A. Finkl & Sons Co. employs 398 workers at its Chicago plant. The 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.
Saturday, April 5, 2014
National Settlement Yields Hundreds of Millions for Superfund Sites in New Jersey and New York; Parties Reach Agreement for More than $4 Billion to Pay for Environmental Cleanups, with More than...
Today's post was shared by US EPA News and comes from yosemite.epa.gov
Release Date: 04/03/2014
The bankruptcy court had previously found, in December 2013, that the historic Kerr-McGee Corporation (“Old Kerr-McGee”) fraudulently conveyed assets to New Kerr-McGee to evade its debts, including its liability for environmental clean-up at contaminated sites around the country. Pursuant to the settlement agreement, the defendants agree to pay $5.15 billion to settle the case, of which approximately $4.4 billion will be paid to fund environmental clean-up and for environmental claims. This is the largest environmental enforcement recovery ever by the Department of Justice.
“The Superfund program works best when the polluter pays and today the polluter is paying in a very big way,” said EPA Regional Administrator...
Sunday, March 28, 2010
The original settlement was crafted by the parties to cover the nearly 10,000 parties to the lawsuit. The Judge recognizes the difficulties in proving cancer claims and the unpredictability of the disease. The original cap offered was $100,000. The Judge said that was inadequate and suggested to the parties to find some method of increasing the benefits.
The 911 first responders were exposed to asbestos and petroleum products that could result in many types of future malignancies, including, lung cancer, mesothelioma and leukemia.
Click here to read more 911 claims.
Saturday, August 27, 2022
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.
Tuesday, October 7, 2014
|German industrial output declined sharply in August, data from the country’s economy ministry showed Tuesday, raising fears that German growth in the third quarter will be minimal, if at all.|
The figures, the second piece of downbeat economic data from Europe’s largest economy in as many days, showed that factory output in adjusted terms fell 4% on the month—the sharpest decline since 2009.
The fall was well below analysts’ expectations of a 1.5% decline, according to a survey conducted by The Wall Street Journal.
Germany’s economy ministry also reduced its July figure to growth of 1.6% from the 1.9% gain originally reported.
The data came a day after a surprise decline of 5.7% in manufacturing orders for August—also the sharpest since January 2009, when the world was mired in financial crisis. Though orders data don’t translate immediately into production numbers, Monday’s data release amplified concerns about Germany’s growth outlook.
The German economy is “likely to have stagnated at best,” in the third quarter, said Ralph Solveen, an economist at Commerzbank. Following a 0.6% annualized decline in the second quarter, a contraction in the third quarter would meet a common definition for a recession, namely two consecutive quarters of economic decline.
Tuesday’s data were weak across the board, with manufacturing output down 4.8% and construction output down 2.0%. Energy output eked out a...
- Jobs are coming back, but they don't pay enough (workers-compensation.blogspot.com)
- Worker Compensation Stalls in Second Quarter (workers-compensation.blogspot.com)
- Workers' Compensation Benefits, Employer Costs Rise with Economic Recovery (workers-compensation.blogspot.com)
- Banning Asbestos - WHO European Region Sets Plans (workers-compensation.blogspot.com)
- The Culture of Workers Compensation Needs to Change (workers-compensation.blogspot.com)
- U.S. Retailers Decline to Aid Factory Victims in Bangladesh (workers-compensation.blogspot.com)
- Workers Compensation Is Quietly Under Attack in America (workers-compensation.blogspot.com)
- The New Mental Workplace Stress : Loneliness (workers-compensation.blogspot.com)
- The Debt Ceiling and Workers Compensation (workers-compensation.blogspot.com)
- Raising the Minimum Wage Is Good for the Economy (workers-compensation.blogspot.com)
Friday, June 25, 2010
- Personnel at the Claims Line will provide each caller with information on how to submit a claim.
- Each claim will be assigned to an adjuster and the claim will promptly be investigated and evaluated.
- Larger and more complex claims may require additional investigation and documentation prior to evaluation and resolution.
- BP will pay resolved claims promptly.
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Plaza Caillou Shopping Center
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Suite 2 & 3
Houma, LA 70363
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St. Tammany Parish
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Slidell, LA 70461
Scott Niolet, Manager
1171 Hwy 90
Bay St. Louis, MS 39520