Analysis of US EPA's Draft Risk Evaluation for Formaldehyde and Worker Health

The U.S. Environmental Protection Agency's (EPA) draft risk evaluation of formaldehyde, released on March 15, 2024, raises significant concerns for worker health and worker compensation risk exposure.

US Bans Asbestos

Today, March 18, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or imported to the United States. The ban on ongoing uses of asbestos is the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act (TSCA), which received near-unanimous support in both the U.S. House of Representatives and the Senate. The action marks a major milestone for chemical safety after more than three decades of inadequate protections and serious delays during the previous administration to implement the 2016 amendments.

Long Overdue Public Safety Worker Coverage

Legislation has been reintroduced to provide workers’ compensation benefits for certain public safety workers who developed an occupational illness or injury flowing from the September 11, 2001, terrorist attacks. A closer look at the legislation reveals that it removes defenses such as causal relationship, statute of limitations, and jurisdiction. Complicated statutory and regulatory challenges may ultimately offset the benefits offered. 

NJ Expands Compensation Benefits for First Responders

NJ Governor Phil Murphy signed A-5909/S-4267, which revises workers' compensation coverage for certain injuries to certain volunteer and professional public safety and law enforcement personnel. The bill amends current workers’ compensation law to add that a response to an emergency, including work sufficient to cause certain injuries or death, is compensable.

TSCA Update

The U.S. Environmental Protection Agency (EPA) announced that it is beginning the process of prioritizing five additional toxic chemicals for risk evaluation under the nation’s premier chemical safety law. If, during the 12-month-long statutory process, the EPA designates these five chemicals as high-priority substances, the EPA will then begin risk evaluations for these chemicals. 

Preparing for the Next Epidemic of Occupational Disease

A recently published standard establishes minimum requirements to reduce the risk of disease transmission by exposure to infectious aerosols in new buildings, existing buildings, and major renovations.

New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim

In many occupational asbestos claims, it has been challenging to establish that asbestos fiber was used in the workplace. That will soon change under recently announced US Environmental Protection Agency [EPA] Rules.

Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des Fréquences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”

OSHA Issues Extreme Heat Hazard Alert

The U.S. Department of Labor announced that it's Occupational Safety and Health Administration has issued a heat hazard alert to remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor workplaces.

New OSHA Reporting Requirements For Injuries and Illnesses

The U.S. Department of Labor announced a final rule requiring certain employers in designated high-hazard industries to submit injury and illness information electronically – that they are already required to keep – to the department's Occupational Safety and Health Administration.

Protecting workers from electronic monitoring, tracking, and management

Automated technological tools are being deployed to monitor, surveil, manage workers, and defend workers’ compensation claims. The Biden Administration has focused on this issue and requested information to create an advanced understanding of these tools' design, deployment, prevalence, and impacts.

Workers' Compensation Judges Exempt from Gun Permit Requirement

A Federal Judge, in a multifaceted decision, upheld a New Jersey law exemption that allows specific individuals to carry a concealed weapon without a permit. Workers’ compensation judges actively handling cases are one of the groups of individuals who are exempt from the permit requirement. 

State of New Jersey Failed to Address Deficiencies in $96 Million Workers’ Compensation Program

A report released today by the Office of the State Comptroller (OSC) finds that the agency that manages workers’ compensation claims filed by state employees failed to remedy deficiencies identified three years ago. As a result, the State faces a greater risk of preventable workplace injuries, spurious claims, and wasted tax dollars.

California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow

The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).

NJ Targets Rampant Misclassification of Drywall Workers

In its second strategic enforcement initiative, focusing on the drywall industry, the New Jersey Department of Labor and Workforce Development (NJDOL) reached a first-of-its-kind enhanced compliance agreement with Donald Drywall, L.L.C. of Lakewood after investigators found the subcontractor had committed numerous wage and hour, earned sick leave, and employee misclassification violations.

OSHA: America Airlines Fined for Retaliating Against Worker Who Reported Hazardous Fumes in Cabin

Federal safety and health investigators have determined that one of the nation's largest airlines retaliated against flight attendants who reported worker illnesses caused by toxic fumes entering aircraft cabins.

Historic $7.75M Settlement of NJ Child Labor Law Violations with Chipotle Mexican Grill

New Jersey Department of Labor and Workforce Development (NJDOL) Commissioner Robert Asaro-Angelo and Attorney General Matt Platkin announced today that they have reached an agreement with Chipotle Mexican Grill to resolve alleged widespread and persistent violations of the state’s child labor laws. Under today’s groundbreaking settlement with NJDOL, the popular fast-food restaurant chain will pay $7.75 million, and has agreed to a far-reaching compliance plan for its 85 New Jersey locations aimed at putting an end to these practices.

US Supreme Court Asked to Review PREP Act Immunity

The US Supreme Court [SCOTUS] has been asked to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct,

Dual Employment and the Proposed NLRB Joint-Employer Standard

Workers’ compensation claims may be pursued against two companies if there is found to be joint employment. While case law defines employment status, the US National Labor Relations Board has issued a proposed Rule to substantiate a dual employer status.

Use of Opioid Settlement Funds in NJ

As part of the Murphy Administration’s ongoing efforts to help New Jerseyans impacted by the opioid crisis, and in recognition of Overdose Awareness Day, Governor Phil Murphy announced additional steps the Administration is taking in New Jersey. Through a new online portal and Executive Order No. 305, the Governor has established two methods through which members of the public and relevant stakeholders can provide their input on the best use of the opioid settlement funds that New Jersey is receiving.