A federal safety alert Thursday warned that crude oil flowing out of new fields in North Dakota may be more flammable than expected, a caution that comes several days after a train carrying about 3.5 million gallons of the same oil crashed in the state and set off a massive explosion.
The accident on the BNSF Railway, the fourth such explosion in North America involving crude oil trains, has fed mounting concerns over public safety as the rail industry sharply increases the use of rail to transport surging crude production in North Dakota, Texas and Colorado.
Following the latest derailment and crash, which forced the evacuation of more than 1,000 residents from the town of Casselton, the National Transportation Safety Board has launched the nation's first broad examination of the safety of moving petroleum by rail. Trains carrying oil have multiplied across the country as environmental concerns and political maneuvering have delayed approval of a major new pipeline to transport oil to Gulf Coast refineries. The issue may be most crucial for cities in the West, which were often founded and developed by railroads so that main lines go directly through the centers of today's urban areas. Crude oil shipments by rail have shot up 25-fold in the last several years as producers rush oil from newly developing shale fields to market. California alone has seen a fourfold increase over the last year, with current shipments of about 200,000 barrels a month. Refinery operators this... |
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Friday, January 3, 2014
North Dakota blast prompts review of oil train safety
Friday, March 5, 2010
OSHA is Listening
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) held a public meeting, "OSHA Listens," to solicit comments and suggestions from OSHA stakeholders on key issues facing the agency. The meeting was scheduled for Feb. 10 from 9 a.m. to 5 p.m. EST in Washington, D.C.
"Public involvement in the government's activities is a priority for this administration and is important to enhancing OSHA efforts to protect the safety and health of workers," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "This public meeting gives us an opportunity to hear your ideas, suggestions and comments on key issues facing this agency."
Some of the questions OSHA invited public input on included:
- What can the agency do to enhance and encourage the efforts of employers, workers and unions to identify and address workplace hazards?
- What are the most important emerging or unaddressed health and safety issues in the workplace, and what can OSHA do to address these?
- How can the agency improve its efforts to engage stakeholders in programs and initiatives?
- What specific actions can the agency take to enhance the voice of workers in the workplace, particularly workers who are hard to reach, do not have ready access to information about hazards or their rights, or are afraid to exercise their rights?
- Are there additional measures to improve the effectiveness of the agency's current compliance assistance efforts and the on site consultation program, to ensure that small businesses have the information needed to provide safe workplaces?
- Given the length and difficulty of the current OSHA rulemaking process, and given the need for new standards that will protect workers from unaddressed, inadequately addressed and emerging hazards, are there policies and procedures that will decrease the time to issue final standards so that OSHA may implement needed protections in a timely manner?
- As we continue to progress through a new information age vastly different from the environment in which OSHA was created, what new mechanisms or tools can the agency use to more effectively reach high risk employees and employers with training, education and outreach? What is OSHA doing now that may no longer be necessary?
- Are there indicators, other than worksite injuries and illness logs, that OSHA can use to enhance resource targeting?
- In the late 1980s, OSHA and its stakeholders worked together to update the Permissible Exposure Limits (PELs) (exposure limits for hazardous substances; most adopted in 1971), but the effort was unsuccessful. Should updating the PELs be a priority for the agency? Are there suggestions for ways to update the PELs, or other ways to control workplace chemical exposures?
Meeting Agenda
9 a.m. Welcome and Introductory Comments
David Michaels, Assistant Secretary, OSHA
Deborah Berkowitz, Chief of Staff, OSHA
9:10-9:50 Panel 1
Tonya Ford, Uncle killed at ADM facility in 2009
Katherine Rodriguez, Father killed at British Petroleum in 2004
Wanda Morillo, Husband killed in a NJ industrial explosion in 2005
Celeste Monforton, American Public Health Association
Linda Reinstein, Asbestos Disease Awareness Organization
9:50-10:30 Panel 2
Marc Freedman, U.S. Chamber of Commerce
Keith Smith, National Association of Manufacturers
Frank White, ORC
Stephen Sandherr, Association of General Contractors
10:30-10:40 Break
10:40-11:20 Panel 3
Workers United
Peg Seminario, AFL-CIO
Scott Schneider, Laborers' Health and Safety Fund
Mike Wright, United Steel Workers
11:20-11:50 Panel 4
Chris Patton, American Society for Safety Engineers
Katharine Kirkland, Association of Occupational and Environmental Clinics
Aaron Trippler, American Industrial Hygiene Association
11:50-12:30 Panel 5
Kathleen McPhaul, American Public Health Association, Univ. of Maryland Nursing
Hestor Lipscomb, Duke University Medical School
Rick Neitzel, National Hearing Conservation Association
Matt Schudtz, University of Maryland Law School
12:30-1:30 Lunch
1:30-2:00 Panel 6
Karen Harned, Nat'l Federation of Independent Business, Small Business Legal Center
Cynthia Hilton, Institute of Makers of Explosives
Thomas Slavin, Navistar, Inc.
2:00-2:30 Panel 7
Andrew Youpel, Brandenburg Industrial Service Company
Robert Matuga, National Association of Home Builders
Tom Broderick, Construction Safety Council
2:30-3:00 Panel 8
Don Villarejo, California Institute for Rural Studies
Luzdary Giraldo, NY Committee for Occupational Safety and Health
Roger Cook/Peter Dooley, Western NY Council on Occupational Safety and Health
3:00-3:40 Panel 9
Rick Engler, NJ Work Environmental Council
Tom O'Connor, National Council for Occupational Safety and Health
Norman Pflanz, Nebraska Appleseed Center for Law
Chris Trahan, Building and Construction Trades Department
3:40-3:50 Break
3:50-4:10 Panel 10
John Masarick, Independent Electrical Contractors
Davis Layne, VPPPA
4:10-4:40 Panel 11
Bruce Lapham, Valcourt Building Services, LC
Scott A. Mugno, FedEx Express
Marc Kolanz, Brush Wellman Inc.
4:40-5:10 Panel 12
Pamela Vossenas, Unite Here! International
John Morawetz, International Chemical Workers Union Council
Dinkar Mokadam, Association of Flight Attendants-CWA
5:10-5:50 Panel 13
Rick Inclima, International Brotherhood of Teamsters
Jason Zuckerman, Employment Law Group
Richard Renner, National Whistleblowers Center
Tim Sharp, Alaska Review Board & Laborer's Council
Click here to read more about OSHA and workers' compensation.
Thursday, July 1, 2010
Occupational Risks and Health Hazards to Oil Spill Workers & Volunteers
Video Highlight: Welcome Remarks by Harvey V. Fineberg, President, IOM
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.
Thursday, June 14, 2012
National Experts Call Workers Compensation System Irrational and Unjust
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Monday, November 21, 2011
WHO Concludes Occupation Exposure to Bitumens Can Cause Cancer
After an 8-day comprehensive review, the Working Group concluded that:
• occupational exposures to oxidized bitumens and their emissions during roofing are ‘probably carcinogenic to humans’ (Group 2A);
• occupational exposures to hard bitumens and their emissions during mastic asphalt work are ‘possibly carcinogenic to humans’ (Group 2B); and
• occupational exposures to straight-run bitumens and their emissions during road paving are ‘possibly carcinogenic to humans’ (Group 2B).
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- World Trade Center dust and 9/11 first responders with cancer, time for U.S. Government to stop withholding benefits (workers-compensation.blogspot.com)
- The Need to Incorporate Occupational Histories Into Electronic Medical Records (workers-compensation.blogspot.com)
Friday, November 30, 2012
OSHA cites Mississippi Phosphates for 40 safety and health violations following 2 worker fatalities
OSHA has cited the company for three serious safety violations related to the fatalities, including exposing workers to "struck-by" hazards by not protecting them against overpressurization, and failing to maintain and service equipment in accordance with the company's maintenance program to prevent overpressurization.
An additional 23 serious safety violations involve failing to test and inspect pressure relief devices throughout the facility, provide handrails on fixed stairways, guard floor holes that could cause workers to trip and fall, provide fixed stairs to access tank gauging, address engineering controls during a process hazard analysis, and guard belt roller nip points, horizontal shafts, rotating shafts and horizontal V-belts. The violations also include various electrical hazards such as exposing workers to shocks, missing panel knockouts, broken face plates, unguarded light bulbs and an open ground in an outlet circuit.
Ten serious health violations involve failing to conduct an initial process hazard analysis, update the process hazard analysis every five years, conduct compliance audits for process safety management and determine the presence of asbestos prior to working on equipment, as well as to label hazardous substances such as caustic soda, acid and petroleum products that are used throughout the facility. 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 health violation has been cited for a lack of housekeeping. 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 facility in federal enforcement states within the last five years. A similar violation was cited in May 2009.
Three other-than-serious safety violations are failing to mount a fire extinguisher so it is readily available, not labeling circuit breakers, and using flexible cords and equipment cables that do not have strain relief. 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.
"Employers need to be proactive to ensure that all operating equipment is properly maintained and functional," said Clyde Payne, director of OSHA's Jackson Area Office. "Had this employer done so, these tragic events could have been prevented."
Mississippi Phosphates is a producer and marketer of diammonium phosphate, which is used as a fertilizer. The company's manufacturing facilities consist of two sulfuric acid plants, a phosphoric acid plant and diammonium phosphate granulation plant.
The citations for the serious and repeat violations carry total proposed penalties of $165,900. The citations for the other-than-serious violations do not carry monetary penalties. All citations can be viewed at
- http://www.osha.gov/ooc/citations/Mississippi_Phosphates_Corp_491760_11-20-2012.pdf
- http://www.osha.gov/ooc/citations/Mississippi_Phosphates_Corp_439251_11-20-2012.pdf
- http://www.osha.gov/ooc/citations/Mississippi_Phosphates_Corp_506258_11-20-2012.pdf
- http://www.osha.gov/ooc/citations/Mississippi_Phosphates_Corp_452057_11-20-2012.pdf
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 Jackson office at 601-965-4606.
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.
Read more about OSHA
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Monday, September 23, 2013
Tribunal finds Chevron not liable for environmental claims in Ecuador
Chevron Corp. announced Wednesday that an international arbitration tribunal has found the company not liable for environmental claims in Ecuador.
The tribunal is convened under the authority of the U.S.-Ecuador Bilateral Investment Treaty, also known as the BIT, and administered by the Permanent Court of Arbitration.
The PCA, located in The Hague, Netherlands, administers cases arising out of international treaties and other agreements to arbitrate.
On Tuesday, the tribunal issued a partial award in favor of Chevron and its subsidiary, Texaco Petroleum Company, or TexPet.
The tribunal found that the settlement and release agreements that the government of Ecuador entered into with TexPet released TexPet and its affiliates of any liability for all public interest or collective environmental claims.
The arbitration stems from Ecuador’s interference in the ongoing environmental lawsuit against the company.
“The game is up. This award by an eminent international tribunal confirms that the fraudulent claims against Chevron should not have been brought in the first place,” Hewitt Pate, Chevron’s vice president and general counsel, said in a statement. “It is now beyond question that efforts by American plaintiffs lawyers and the government of Ecuador to enforce this fraudulent judgment violate Ecuadorian, U.S. and international law.
“Continuing to support this fraud only increases the government of...
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- BP claims investigation finds attorney took $40K kickback in exchange for expediting nearly $8M claim (workers-compensation.blogspot.com)
- Garlock testimony switches to financial liability (workers-compensation.blogspot.com)
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Thursday, June 25, 2015
The Path to Federalization: US Supreme Court Again Validates the Affordable Care Act
Friday, August 9, 2013
BP ordered to pay $130 million to oil spill claims administrator
Today's post was shared by JURIST and comes from jurist.org
The 2010 Deepwater Horizon oil spill [JURIST news archive] in the Gulf of Mexico is one of the largest commercial disasters in modern history, and was responsible for the destruction of protected wildlife habitats that are still under reconstruction to this day. Two weeks ago, the US Department of Justice (DOJ) [official website] announced that Halliburton Energy Services [corporate website; JURIST news archive] agreed to plead guilty to...
Monday, January 18, 2016
Sanders Proposes Universal Health Care: The Path to Federalization
Thursday, November 12, 2020
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).
Thursday, July 5, 2012
Path to Federalization: A National Workers Compensation System--US Supreme Court Validates
John G. Roberts Jr., Chief Justice US Supreme Court |
In a 5 to 4 ruling, Chief Justice Roberts validated the individual mandate as a permissible exercise of congressional power under the Taxing Clause of the US Constitution. Under 26 U.S.C. Section 5000A. The law requires that: (a) an individual must maintain minimum essential coverage for each month beginning after 2012; and (b) if there is a failure to maintain minimum essential coverage, a "penalty" is imposed "on the taxpayer" of $695 per year or 2.5% of family income, whichever is greater. The penalty "shall be assessed and collected in the same manner as taxes."
Constitution of the United States |
The US Supreme Court previously validated compulsory workers' compensation programs. Compulsory compensation systems have been held not to be an arbitrary classification contrary to the equal protection clause of the United States Constitution, 14th Amendment. The state-enacted systems were created for the protection of the lives, health and safety of the employees. The systems provide payment of compensation through a state mandated system for injuries to employees or for the death of employees resulting from injuries related to work, regardless of fault. The compensation systems are held as a simple, inexpensive and expeditious method of providing recovery to employees who are injured in a highly organized and modern industrial employment environment. New York Central Railroad Company v. White, 243 U.S. 188, 37 S.Ct. 247, 61 L.Ed. 667 (1917). See also, Lower Vein Coal Co. v. Industrial Board of Indiana, 255 U.S. 144, 41 S.Ct. 252, 65 L.Ed. 555 (1921) and In re Asbestos Litigation, 829 F.2d 1233 (3d Cir.1987), cert. denied 485 U.S. 1029, 108 S.Ct. 1586, 99 L.Ed.2d 901 (1988).
Generally, the ACA provides a much needed national structure for the regulation, delivery, and enforcement of medical coverage. The ACA contains significant fraud and abuse provisions. In 2010 the law significantly expanded the government's authority to prosecute Faults Claims Act (FCA) cases. In 2011-2012 the ACA triggers increased provider screening, oversight and reporting. The ACA also establishes the Independent Payment Advisory Board to evaluate fee schedules and expands the scope of Medicaid and CHIP payments.
Unlike most State compensation systems that presently struggle with both expeditious medical delivery as well the value and responsibility of medical care, the ACA provides a uniform system and expeditious system. The fragmented network of complex, dilatory and inconsistent results in the State programs have been described recently by national experts as "irrational" and "unjust." They characterize the present compensation programs as "....dizzying and frustrating in its complexity, and apparent irrationality," and they conclude that "a substantial proportion of persons with work-related disabilities do not receive workers' compensation benefits," and in need of a better format.
In addition to the widely publicized tax for non-compliance, the ACA contains several other innovative revenue provisions that will provide additional funding from collateral sources without burdening al employers globally. In 2010 an indoor tanning service tax was implemented. In 2011 annual fee was instituted on pharmaceutical companies as well as an increased penalty for early withdrawal from health savings accounts. In 2013 the following provisions go into effect: the Medicare payroll tax will increase for high-income individuals, an excise tax on medical device manufacturers, limits on Flexible Spending Accounts, and the elimination of the deduction for Employer Part D subsidy. In 2014 there will be an annual fee on health insurance plans. In 2018 there will be an excise tax and high-cost plans commonly referred to as the "Cadillac tax."
"Libby Care"--Universal Care
Center for Asbestos Related Disease Libby, MT. |
The Future: Universal Health Care
Landmarks on the Path to Federalization |
History reveals that a series of efforts have been made by the Federal government to federalize medical care for industrial accidents and illnesses. Those efforts demonstrate a commitment to bring the nation ever closer to a universal care medical program incorporating the entire patchwork of workers' compensation medical delivery systems. The US Supreme Court has accelerated the nation down that promising path.
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Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
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