Workers' Compensation News - July 10, 2007, Vol. 5 Issue 107
FLORIDA EXPANDS INTENTIONAL TORT EXCEPTION Employee's injury was substantial certainty from employer's failure to respond to requests for new ladder did not require proof that employer concealed danger. "Even though case law on the intentional tort exception to workers' compensation immunity is devoid of any defined test that will establish substantial certainty as a matter of law, it is evident that concealment of the dangerous condition is only one of several factors in a nonexclusive list. " Bakerman v The Bombay Company, ___So. 2d____, 2007 WL 1774420 (Fla.), decided June 21, 1007
OSHA ORDERED TO RELEASE TOXIC EXPOSURE DATABASE — More than 25 Years of Workplace Sampling Yields Public Health Research Bonanza Washington, DC — The U.S. Occupational Safety & Health Administration (OSHA) has wrongfully withheld data documenting years of toxic exposures to workers and its own inspectors, according to a federal court ruling posted today by Public Employees for Environmental Responsibility (PEER). As a result, the world’s largest compendium of measurements of occupational exposures to toxic substances - more than 2 million analyses conducted during some 75,000 OSHA workplace inspections since 1979 - should now be available to researchers and policymakers. Each year, an estimated 40,000 U.S. workers die prematurely because of exposures to toxic substances on the job. Press Release: http://www.peer.org/news/news_id.php?row_id=882 Decision: http://www.peer.org/docs/dol/07_02_07_finkel_foia_ruling.pdf
ASBESTOS: Travelers Settles AC&S Claims The Travelers Cos. Inc. said today it has settled litigation with ACandS Inc., a former distributor and installer of asbestos products, for $449 million.http://www.courant.com/business/hc-trav-litig,0,1651056.story
ASBESTOS: NO SAFE LEVEL OF EXPOSURE Cong. Jerrold Nadler (D-NY) held a hearing on June 25 on the federal government’s response to the hazardous air contaminants that polluted lower Manhattan after the 9/11 attacks. The featured witness was former EPA administrator Christine Todd Whitman, who was in the hot seat for her claims that the air in NYC was safe to breathe. Much less attention was paid to former OSHA assistant secretary John Henshaw, who sat next to Whitman, but was left largely unscathed by the questioning. At least one Henshaw exchange deserves attention. The former OSHA chief insisted there are “safe levels of exposure to asbestos.” FYI: The WHO’s policy statement on the elimination of asbestos-related disease is here and the Institute of Medicine’s report on Asbestos: Selected Cancers (2007) is here. http://thepumphandle.wordpress.com/2007/07/06/safe-levels-of-asbestos-by-john-henshaw/
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Showing posts sorted by relevance for query toxic. Sort by date Show all posts
Showing posts sorted by relevance for query toxic. Sort by date Show all posts
Friday, July 27, 2007
Friday, August 29, 2014
DuPont Fined $1.275 Million For Hazardous Violations
The U.S. Environmental Protection Agency (EPA) and the Department of Justice announced today a settlement with E.I. du Pont de Nemours and Company (DuPont) at its Belle, W. Va. facility for eight alleged releases of harmful levels of hazardous substances between May 2006 and January 2010. Several of the releases posed significant risk to people or the Kanawha River. One DuPont worker died after exposure to phosgene, a toxic gas released due to DuPont’s failure to comply with industry accident prevention procedures.
DuPont will pay a $1.275 million penalty and will take corrective actions to prevent future releases to resolve the alleged violations of the general duty clause and risk management provisions of the Clean Air Act, and the emergency response provisions of Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act, and Section 304 of the Emergency Planning and Community Right-to-Know Act.
“Producing toxic and hazardous substances can be dangerous, and requires complying with environmental and safety laws,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today's settlement with DuPont will ensure that the proper practices are in place to protect communities and nearby water bodies."
“Failing to follow laws meant to prevent accidents can have fatal consequences – as was tragically the case here,” said Sam Hirsch, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement holds DuPont accountable for its failure to prevent hazardous releases and requires improvements to its risk management operations and emergency response systems that could prevent future tragedies and damage to the environment.”
Through this settlement, DuPont will implement enhanced risk management operating procedures to improve its process of responding to alarms triggered by releases of hazardous substances.
DuPont will also develop an enhanced operating procedure to improve its management of change process, which is a best practice used to ensure that safety, health and environmental risks are controlled when a company makes changes to their processes.
In addition, DuPont will improve procedures so federal, state, and local responders are notified of emergency releases, and will conduct training exercises to prepare employees to make such notifications.
DuPont estimates that it will spend approximately $2,276,000 to complete the required improvements to its safety and emergency response processes.
Previously, on March 18, 2010 the U.S. EPA issued an administrative order to DuPont to undertake corrective measures related to the releases. DuPont estimates that it has spent approximately $6,828,750 to comply with the administrative order.
On Jan. 22, 2010, at DuPont’s chemical manufacturing plant in Belle, West Virginia operators discovered that more than 2,000 pounds of methyl chloride had leaked into the atmosphere and employees failed to respond to alarms triggered by the release. On the morning of Jan. 23, workers discovered a leak in a pipe containing the toxic gas oleum. Later that day, a hose containing phosgene, a highly toxic gas, ruptured resulting in the fatality of a worker exposed to phosgene.
The alleged risk management violations on Jan. 22 and 23 include failing to:· identify hazards that may result from accidental releases
· design and maintain a safe facility
· minimize consequences of accidental releases that do occur
· follow recognized industry safety practices
· train its employees on how to respond to potential risks
· frequently inspect and test equipment consistent with good engineering practices and manufacturer recommendations.
· follow the company’s own procedures for responding to alarms indicating potential problems and implementing safety protocol for the phosgene process.
In addition, there were five incidents identified through EPA inspections and extensive review of Dupont’s records that do not comply with the Comprehensive Environmental Response, Compensation, and Liability Act and the Emergency Planning and Community Right-to-Know Act.
In these incidents, EPA alleged the company released harmful quantities of hazardous substances and then did not report the releases to the National Response Center, State Emergency Response Commission and Local Emergency Planning Committee in a timely manner. The largest of these was the release of 80 tons of methanol into the Kanawha River on September 21, 2010.
For more information about the Clean Air Act’s Risk Management Program requirements, seehttp://www.epa.gov/compliance/monitoring/programs/caa/112r.html and http://www.epa.gov/oem/content/rmp/.
For information about RMP*eSubmit or to view a Checklist for Submitting Your Risk Management Plan (RMP) for Chemical Accident Prevention and the RMP*eSubmit Users’ Manual, visit http://www.epa.gov/emergencies/rmp).
The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court.
DuPont will pay a $1.275 million penalty and will take corrective actions to prevent future releases to resolve the alleged violations of the general duty clause and risk management provisions of the Clean Air Act, and the emergency response provisions of Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act, and Section 304 of the Emergency Planning and Community Right-to-Know Act.
“Producing toxic and hazardous substances can be dangerous, and requires complying with environmental and safety laws,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today's settlement with DuPont will ensure that the proper practices are in place to protect communities and nearby water bodies."
“Failing to follow laws meant to prevent accidents can have fatal consequences – as was tragically the case here,” said Sam Hirsch, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement holds DuPont accountable for its failure to prevent hazardous releases and requires improvements to its risk management operations and emergency response systems that could prevent future tragedies and damage to the environment.”
Through this settlement, DuPont will implement enhanced risk management operating procedures to improve its process of responding to alarms triggered by releases of hazardous substances.
DuPont will also develop an enhanced operating procedure to improve its management of change process, which is a best practice used to ensure that safety, health and environmental risks are controlled when a company makes changes to their processes.
In addition, DuPont will improve procedures so federal, state, and local responders are notified of emergency releases, and will conduct training exercises to prepare employees to make such notifications.
DuPont estimates that it will spend approximately $2,276,000 to complete the required improvements to its safety and emergency response processes.
Previously, on March 18, 2010 the U.S. EPA issued an administrative order to DuPont to undertake corrective measures related to the releases. DuPont estimates that it has spent approximately $6,828,750 to comply with the administrative order.
On Jan. 22, 2010, at DuPont’s chemical manufacturing plant in Belle, West Virginia operators discovered that more than 2,000 pounds of methyl chloride had leaked into the atmosphere and employees failed to respond to alarms triggered by the release. On the morning of Jan. 23, workers discovered a leak in a pipe containing the toxic gas oleum. Later that day, a hose containing phosgene, a highly toxic gas, ruptured resulting in the fatality of a worker exposed to phosgene.
The alleged risk management violations on Jan. 22 and 23 include failing to:· identify hazards that may result from accidental releases
· design and maintain a safe facility
· minimize consequences of accidental releases that do occur
· follow recognized industry safety practices
· train its employees on how to respond to potential risks
· frequently inspect and test equipment consistent with good engineering practices and manufacturer recommendations.
· follow the company’s own procedures for responding to alarms indicating potential problems and implementing safety protocol for the phosgene process.
In addition, there were five incidents identified through EPA inspections and extensive review of Dupont’s records that do not comply with the Comprehensive Environmental Response, Compensation, and Liability Act and the Emergency Planning and Community Right-to-Know Act.
In these incidents, EPA alleged the company released harmful quantities of hazardous substances and then did not report the releases to the National Response Center, State Emergency Response Commission and Local Emergency Planning Committee in a timely manner. The largest of these was the release of 80 tons of methanol into the Kanawha River on September 21, 2010.
For more information about the Clean Air Act’s Risk Management Program requirements, seehttp://www.epa.gov/compliance/monitoring/programs/caa/112r.html and http://www.epa.gov/oem/content/rmp/.
For information about RMP*eSubmit or to view a Checklist for Submitting Your Risk Management Plan (RMP) for Chemical Accident Prevention and the RMP*eSubmit Users’ Manual, visit http://www.epa.gov/emergencies/rmp).
The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court.
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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 occupational accidents and illnesses.
Wednesday, November 13, 2013
The Chemical Safety Improvement Act Falls Short: Open Letter to Congress
2013-11-13-karunajaggar.jpg
To: Members of the U.S. House of Representatives Committee on Energy and Commerce Subcommittee on Environment and the Economy
I am writing to express serious concerns about the Chemical Safety Improvement Act, in advance of tomorrow's hearing, S. 1009 Chemical Safety Improvement Act. Breast Cancer Action is a national, feminist grassroots education and advocacy organization that works to address and end the breast cancer epidemic. Breast Cancer Action is committed to reducing involuntary exposures to toxins that are linked to increased risk for breast cancer. Breast Cancer Action recognizes that the current congressional interest in the Toxic Substances Control Act (TSCA) represents an important opportunity to pass landmark cancer prevention legislation. After years of work, along with our partners, for strong regulation of toxic chemicals we are heartened to see widespread agreement that TSCA is a top priority for the current Congress. However, we recognize that some proposed changes to current law do not adequately protect public health. We believe that the Chemical Safety Improvement Act (CSIA) as it is currently written falls short of the reforms that are needed to stop breast cancer before it starts. This bill in its current form not only lacks key requirements to protect people and our planet from toxic chemicals, but if implemented, could actually weaken the few strong toxic chemical regulations that currently exist. In short, Breast Cancer... |
Friday, November 10, 2017
US Senators Introduce Bill to Ban Asbestos and Protect Public Health
Oregon’s Senator Jeff Merkley, along with Senators Cory Booker (D-NJ), Dianne Feinstein (D-CA), Dick Durbin (D-IL), Bernie Sanders (I-VT), Jon Tester (D-MT), Sheldon Whitehouse (D-RI), and Edward J. Markey (D-MA) today introduced the Alan Reinstein Ban Asbestos Now Act of 2017, legislation to eliminate human or environmental exposure to asbestos, a known carcinogen.
Friday, January 29, 2010
Time to Lab Test Chemicals
The 5 substances that TSCA mandates regulations for are all known carcinogens: Asbestos, Hexavalent Chromium, Vinyl Chloride, Trichloethylene, Methyene Chloride and Dicloromethene.
Since 1976 chronic and terminal diseases have increased: Leukemia +20%; Breast Cancer 40% with a risk factor increase from 1 in 10 women to 1 in 8 women; and asthma +200%. Additionally, major increases in conceiving and making pregnancy, birth defects and autism have been reported.
Chronic conditions now result in 70% of all deaths and 75% of all health costs. Direct health care costs from cancer alone, in 2008, was $93.2 Billion of the total health care costs in the US that amounted to $304 Billion.
A recent report reveals the inadequacies of the TSCA and urges an update. As medical science continues to investigate these medical conditions, it is critically important that Congress updates the TSCA and requires better regulation
Dr. Maryann Donovan, associate director of research services for the University of Pittsburgh's Cancer Institute and director of the Center for Environmental Oncology stated, "It's not a matter of whether we test toxic chemicals. It's a matter of how we test them. Right now we test them in the bodies of our children, our consumers, our workers, ourselves. It's time to start testing chemicals in the lab, and to take action before anyone is harmed."
Click here to read more about toxic exposures and workers' compensation.
Friday, October 11, 2013
Think asbestos is banned in the US?
Asbestos warning
If there’s one reason we know our federal law governing chemicals doesn’t work, it’s asbestos. Despite popular belief, asbestos, one of the most harmful substances known, still isn’t banned in the United States. This week marks the 37th birthday of our primary federal law governing toxic chemicals, the Toxic Substances Control Act (TSCA). While most birthdays are a joyous occasion, we’re taking this opportunity to educate the public on just how flawed our federal chemical law is. Take for example asbestos. It’s one of the few substances that has a disease directly named after it (mesothelioma) and is widely regarded as a silent killer for many families. Top five asbestos facts:
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Thursday, October 10, 2013
NJ Work Environment Council Says State at Risk from Chemical Disasters
New Jersey Work Environmental Council representatives say millions in the state are still at risk from major toxic chemical disasters. At a Statehouse press conference today, the New Jersey Work Environment Council released a new 43-page report, entitled “Failure to Act,” which says thousands of New Jersey jobs and millions of residents are still at risk from toxic chemical disasters. These findings come five years after the New Jersey Department of Environmental Protection adopted rules to implement the NJ Toxic Catastrophe Prevention Act that were supposed to reduce that risk.
Some recommendations include stopping facility management from declaring safer technology reviews as secret, require facility management to better document their claims that adopting safer chemicals and technologies are not feasible, and to withdraw the DEP “waiver rule” that allows the agency to not enforce the IST provisions of the Toxic Catastrophe Prevention Act. Other speakers spoke of the potentially dangerous risks workers, first responders, nurses and... |
Wednesday, March 2, 2022
President Biden Supports Burn Pits Exposure Benefits for Veterans
Veterans who suffer from medical conditions following exposure to toxic burn pit hazards and chemicals received support from President Biden last night. President's State of the Union Address included strong presidential support for health care benefits and wartime disability compensation. A burn pit is used to burn solid waste in open-air without equipment.
Monday, June 24, 2013
OSHA settles with Nebraska-based ConAgra Foods to protect workers from anhydrous ammonia
ConAgra Foods, Inc. dba Lamb Weston, Inc. has signed a settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration to protect workers at five of its facilities from the release of anhydrous ammonia from refrigeration systems.
The agreement protects workers at Idaho, Arkansas, Missouri and Ohio facilities of the Nebraska-
based company. It requires ConAgra to implement controls to reduce hazards associated with release of ammonia from low pressures receivers.
"This agreement ensures that ConAgra will protect workers from releases of ammonia by enclosing older LPRs that were not already enclosed, and by providing other controls such as normal and emergency ventilation to prevent exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "OSHA's corporate-wide settlement agreements are highly effective tools for ensuring that companies take a systemic approach to addressing hazards that can injure or kill their workers."
OSHA's Process Safety Management standard requires employers to document that equipment that was designed to meet codes and standards no longer in general use is still safe to operate under OSHA standards. OSHA originally cited ConAgra for failing to determine whether these older LPRs were being operated safely.
Under the agreement, ConAgra will implement administrative and engineering controls at the covered LPRs to control hazards associated with the release of ammonia. This includes building enclosures around equipment that is not already enclosed. Each enclosure must include normal and emergency ventilation that meets specified requirements, automatic switches for both normal and emergency ventilation and ammonia detection alarms. Egress doors for the enclosures will be required to include panic hardware and to swing in the direction of egress.
The agreement is the result of an inspection conducted at the company's American Falls, Idaho, facility, initiated under OSHA's PSM Covered Chemical Facilities National Emphasis Program, established to reduce or eliminate the workplace hazards associated with the catastrophic release of highly hazardous chemicals.
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.
The agreement protects workers at Idaho, Arkansas, Missouri and Ohio facilities of the Nebraska-
"This agreement ensures that ConAgra will protect workers from releases of ammonia by enclosing older LPRs that were not already enclosed, and by providing other controls such as normal and emergency ventilation to prevent exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "OSHA's corporate-wide settlement agreements are highly effective tools for ensuring that companies take a systemic approach to addressing hazards that can injure or kill their workers."
OSHA's Process Safety Management standard requires employers to document that equipment that was designed to meet codes and standards no longer in general use is still safe to operate under OSHA standards. OSHA originally cited ConAgra for failing to determine whether these older LPRs were being operated safely.
Under the agreement, ConAgra will implement administrative and engineering controls at the covered LPRs to control hazards associated with the release of ammonia. This includes building enclosures around equipment that is not already enclosed. Each enclosure must include normal and emergency ventilation that meets specified requirements, automatic switches for both normal and emergency ventilation and ammonia detection alarms. Egress doors for the enclosures will be required to include panic hardware and to swing in the direction of egress.
The agreement is the result of an inspection conducted at the company's American Falls, Idaho, facility, initiated under OSHA's PSM Covered Chemical Facilities National Emphasis Program, established to reduce or eliminate the workplace hazards associated with the catastrophic release of highly hazardous chemicals.
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 "ammonium:
Dec 01, 2012
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has .
Nov 30, 2012
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has .
Feb 20, 2008
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has ...
Thursday, December 1, 2011
The Toxic Legacy of Raybestos-Manhattan Continues
Asbestos, labeled the "miracle mineral," was a known carcinogen and linked to: asbestosis, lung cancer and mesothelioma, a rare and fatal cancer. The company with knowledge of that information, as revealed in the famous "Sumner Simpson papers," ignored the available science and continued to manufacturer asbestos products including: bowling balls, radiator hoses and brake linings, as well as other products.
While the Raybestos is no longer producing asbestos products, the plants sites continue to be a problem to the communities as a toxic legacy continues.
Read the article Citizen group pushing for new way to detoxify Raymark wastemctpost.com
"STRATFORD -- A network of residents concerned about toxic waste in town is pushing the EPA to study and determine whether a relatively new technology that neutralizes asbestos can be used to detoxify dump sites in the city....." read more
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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 occupational accidents and illnesses.
Thursday, October 8, 2009
The Toxic Legacy in Iraq
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The Public Education Center (PEC) has published the second in a series of investigative articles concerning the toxic exposure of Army National Guard Units to cancer-casuing chemicals allegedly released by a government contractor, KBR, Inc.
The exposure was a result of a release by KBR, Inc. to, “...dichromate, a rust-fighting industrial chemical and highly-concentrated hexavalent chromium compound, Hexavalent chromium.” Hexavalent chromium has been described as the most toxic chemical known to man.
The series entitled, “No Contractor Left Behind,” chronicles “...chronicles how a toxic time bomb followed three Army National Guard units home from Iraq. It reveals how a notorious military contractor exposed American soldiers to a cancer-causing carcinogen on the battlefield and how the Pentagon tried to downplay the consequences. And it describes how Congress has relegated its investigation to a toothless forum that lacks the political clout and oversight powers to ensure effective accountability.”
A law suit has been filed by 30 West Virginia National Guardsman because of the exposure. Last month a Pittsburg shoulder who served in Iraq and was also exposed filed a law suit seeking damages for the consequences of his exposure.
For additional article on the Halliburton-KBR Litigation click here.
Wednesday, November 8, 2023
Toxic Flight Attendant Uniforms Result in a $1.1 Million Verdict
Wearing an employer-designated work uniform shouldn’t result in severe and debilitating occupational exposures. Unfortunately, some American Airlines flight attendants suffered injuries from wearing the flight uniforms prescribed by their employer. The lawsuit that they filed lawsuit resulted in a $1.1 Million award.
Sunday, July 3, 2022
NJ Supreme Court Enhances Workplace Safety and Adopts an Updated Standard for Medical Causation
A divided NJ Supreme Court upheld a verdict for an employee who suffered mesothelioma, a fatal cancer, as a result of a product manufacturer’s failure to warn of the lethal nature of the product in the workplace. The Court acknowledged that even minor exposure to asbestos could cause disease.
Friday, June 22, 2012
Unlawful Asbestos Removal Results in Criminal Charges
Demolition Contractors Indicted for Unlicensed and Unsafe Asbestos Removal at Zurbrugg Hospital Site in Riverside NJ
Illegal actions allegedly caused release of asbestos dust and debris
NJ Attorney General Jeffrey S. Chiesa announced that two men and the demolition company they operated have been indicted by a state grand jury on charges that they unlawfully removed asbestos from the former Zurbrugg Memorial Hospital in Riverside, N.J., without a license, using workers who were not trained or equipped to do the job safely.
The Division of Criminal Justice obtained a state grand jury indictment charging Frank J. Rizzo, 53, of Parlin, Michael Kouvaras, 59, of Maplewood, and the company they ran, Deuteron Capital, LLC, doing business as South Street Fillit Recycling of Riverside, with conspiracy (2nd degree), unlawfully causing the release of a toxic pollutant (2nd degree), abandonment of toxic pollutants (2nd degree), and violating the Asbestos Control and Licensing Act (3rd degree). The charges stem from a joint investigation by the Division of Criminal Justice Environmental Crimes Unit and the Department of Corrections Special Investigations Division.
Between August 2010 and March 2011, the defendants allegedly used untrained day laborers, including inmates from a halfway house, to remove asbestos from the hospital buildings in connection with demolition at the site and their efforts to salvage valuable copper and steel. They allegedly engaged in asbestos removal without the required license from the New Jersey Department of Labor, and their illegal activities allegedly caused the release of asbestos dust and debris. Kouvaras, the owner of South Street, and Rizzo, the project organizer, allegedly directed unlicensed workers to remove asbestos or asbestos-containing material, bury approximately 50 bags of asbestos in the ground, and dump bags of asbestos on the floor of a boiler room so that it would appear that vandals had removed the asbestos while stealing copper and steel.
“These men knew there was asbestos throughout this old hospital and knew the real dangers involved in removing it, but we allege that they put their monetary self-interest ahead of the health and safety of their workers and the surrounding community,” said Attorney General Chiesa. “They are charged with serious crimes, including second-degree offenses that carry a sentence of five to 10 years in state prison.”
“Through our Environmental Crimes Unit, we have made prosecuting polluters a high priority,” said Stephen J. Taylor, Director of the Division of Criminal Justice. “The laws and regulations governing the handling and disposal of hazardous materials such as asbestos are there to protect all of us, and we will come down hard on violators who put workers and the public at risk.”
In early 2010, Rizzo solicited the owner of the Zurbrugg site for the contract to demolish the hospital. South Street was given the contract, which specified that the company would retain all of the proceeds from the recycling of metal and arrange for and pay all demolition costs, including asbestos abatement and disposal. An engineering report on the hospital buildings, which was provided to the defendants, identified extensive asbestos throughout the structures.
The defendants initially retained a licensed asbestos abatement contractor, which provided the required 10-day notice of its intent to perform asbestos abatement at the site to the Department of Labor, Department of Health & Senior Services and U.S. Environmental Protection Agency. However, the defendants paid only a few thousand dollars of the 10 percent deposit required by the contractor to start the work. The contractor estimated abatement would cost about $220,000. The licensed contractor worked only one day at the site, removing a small amount of asbestos.
The defendants allegedly used day laborers, including inmates from Clinton House, a work release halfway house in Trenton, to remove asbestos from sections of the hospital, without following the requirements of federal and state laws to prevent the release of toxic asbestos dust and debris. For example, the workers stripped insulation containing asbestos from pipes and a boiler, so that copper pipes, wire and other metals could be salvaged. It is alleged that the workers did not wear protective equipment, with the exception of paper masks, which are not authorized as safe for asbestos removal. The workers quickly took off the paper masks because the masks made it difficult to breathe.
The workers placed materials containing asbestos into black plastic bags, and some of the bags were placed in a roll-off container provided by a waste transportation company. Disposal manifests show 25 bags and 100 bags respectively were removed by a licensed hauler and disposed of at a lawful facility.
Division of Criminal Justice detectives executed a search warrant at the site on Filmore Street on March 28, 2011, and discovered material containing asbestos strewn on the floor of the boiler room. They found a roll-off container holding over 200 plastic bags of materials, 30 of which were tested and found to contain asbestos. They also uncovered two bags containing asbestos tiles buried in the ground during limited excavation at the site.
The U.S. Environmental Protection Agency Region 2 has taken jurisdiction of the site, which is being evaluated for asbestos removal action.
The state investigation began in early 2011 when the Department of Corrections (DOC) Special Investigations Division received a tip that inmates were being used to remove asbestos at the site. DOC alerted the Division of Criminal Justice, which joined the investigation. The Department of Environmental Protection, Department of Health & Senior Services and Department of Labor & Workforce Development assisted with the investigation, including helping with the execution of search warrants at the Zurbrugg site and South Street offices beginning on March 28, 2011.
Supervising Deputy Attorney General Betty Rodriguez and Deputy Attorney General Mary Erin McAnally presented the case to the state grand jury. The investigation was conducted for the Environmental Crimes Unit, within the Division of Criminal Justice Specialized Crimes Bureau, by Sgt. Steven Ogulin, Detective Dawn Ryan, Detective Michael Klumpp, SDAG Rodriguez and DAG McAnally. The investigation was led for the Department of Corrections Special Investigations Division by Principal Investigator Daniel Klotz.
Second-degree crimes carry a sentence of five to 10 years in state prison and a fine of up to $150,000. The third-degree offense of violating the Asbestos Control and Licensing Act carries a sentence of three to five years in prison and a fine of up to $25,000. The indictment is merely an accusation and the defendants are presumed innocent until proven guilty.
The indictment was handed up to Superior Court Judge Thomas W. Sumners Jr. in Mercer County, who assigned it to Burlington County. The indictment is posted with this release at www.njpublicsafety.com.
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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
Wednesday, February 17, 2010
Senators Call for Toxic Substances Act Update
"There's no question that chemicals are essential to our modern lives ... but when we use these products, the chemicals in them can end up in our bodies," Lautenberg said. "And when the chemicals used in flame retardants, plastics or rocket fuel show up in our children's bodies, we have a potentially dangerous situation."
Click here to read more about toxic exposures and workers' compensation.
Saturday, December 1, 2012
US NTSB Initiates Investigation of NJ Toxic Train Derailment
recommendations to prevent further similar accidents.
The same bridge was had collapsed in 2009, when a train pulling coal cars came off its tracks after the railroad bridge over the Mantua Creek collapsed and sent 16 cars into the water. The bridge was “an old structure,” and its original “A” frame dated back to 1873. The train has two locomotives and 83 freight cars.
Most vinyl chloride is used to make polyvinyl chloride (PVC) plastic and vinyl products. Acute (short-term) exposure to high levels of vinyl chloride in air has resulted in central nervous system effects (CNS), such as dizziness, drowsiness, and headaches in humans. Chronic (long-term) exposure to vinyl chloride through inhalation and oral exposure in humans has resulted in liver damage. Cancer is a major concern from exposure to vinyl chloride via inhalation, as vinyl chloride exposure has been shown to increase the risk of a rare form of liver cancer in humans. EPA has classified vinyl chloride as a Group A, human carcinogen.
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Jon L.Gelman of Wayne NJ, helping vinyl chloride victims and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Read more about "vinyl chloride"
Jan 29, 2010
The 5 substances that TSCA mandates regulations for are all known carcinogens: Asbestos, Hexavalent Chromium, Vinyl Chloride, Trichloethylene, Methyene Chloride and Dicloromethene. Since 1976 chronic and terminal ...
Aug 11, 2007
This case involved exposure to poly vinyl chloride at a Pantasote, a Paterson NJ plant, causing disease to former workers which is characteristic of Raynaud's phenomenon ( fingers blanch and numbnessand discomfort are ...
Feb 20, 2008
Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide. Secondhand smoke has ...
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