AAAS Enthusiastically Endorses the Nomination of Dr. David Michael as Assistant Secretary of OSHA

The prestigious, American Association for the Advancement of Science (AAAS) has endorsed the nomination of Dr. David Michaels to become Assistant Secretary of Labor for The Occupational Safety and Health Administration (OSHA). In a letter to Senator Tom Harkin, Chairman of the Health, Education, Labor and Pensions Committee, Albert H. Teich, Director of Science & Policy Programs for AAAS enthusiastically endorsed the Michael’s nomination.

Teich wrote, “My colleagues and I agree wholeheartedly. Michaels is an expert on the health effects of exposure to toxic chemicals and understands the ways that science can be used- and misused- in legal and regulatory decision making. Much of his research and policy work has focused on the health of the disadvantaged.”

Michael’s was the recipient of AAAS Scientific Freedom and Responsibility Award, an annual prize created by the AAAS in 1980 to “honor scientists and engineers whose exemplary actions have served foster scientific freedom and responsibility.”

The AAAS’s endorsement letter in support of the nomination further stated, …. “The citation on Dr. Michaels's award recognizes him both for his " commitment to obtaining justice for workers whose health has suffered from working in nuclear weapons programs and for his advocacy for scientific integrity in public policy making."

The American Association for the Advancement of Science, 
"Triple A-S" (AAAS), is an international non-profit organization dedicated to advancing science around the world by serving as an educator, leader, spokesperson and professional association. In addition to organizing membership activities, AAAS publishes the journal Science, as well as many scientific newsletters, books and reports, and spearheads programs that raise the bar of understanding for science worldwide.

For more information about OSHA click here.

US EPA Targets Hazardous Chemicals for New Regulations

The Obama Administration has announced a proposed initiative to regulated hazardous substances. The workplace and the Workers' Compensation system has been literally plagued for decades with an epidemic of disease caused by the use of dangerous and unregulated chemicals in the workplace.

Lisa Jackson, US EPA Administrator, in a speech before the Commonwealth Club in San Francisco announced the Administrations proposed initiative to finally ban the use of asbestos. Asbestos, still permitted to be used in the US, is well known carcinogen that has been causally connected to asbestosis, lung cancer and mesothelioma (a fatal illness).

Citing the failure of the 1976 Toxic Substances Control Act (TSCA), Jackson has proposed new legislation that will require that manufactures to develop new data on safety of existing chemicals and new chemicals used. She stated:

"As with existing chemicals, the burden of proof falls on EPA. Manufacturers aren’t required to show that sufficient data exist to fully assess a chemical’s risks. If EPA has adequate data, and wants to protect the public against known risks, the law creates obstacles to quick and effective action.Since 1976, EPA has issued regulations to control only five existing chemicals determined to present an unreasonable risk. Five from a total universe of almost 80,000 existing chemicals. In 1989, after years of study, EPA issued rules phasing out most uses of asbestos, an exhaustively studied substance that has taken an enormous toll on the health of Americans. Yet, a court overturned EPA’s rules because it had failed to clear the many hurdles for action under TSCA.

"Today, advances in toxicology and analytical chemistry are revealing new pathways of exposure. There are subtle and troubling effects of chemicals on hormone systems, human reproduction, intellectual development and cognition. Every few weeks, we read about new potential threats: Bisphenol A, or BPA – a chemical that can affect brain development and has been linked to obesity and cancer – is in baby bottles; phthalate esters – which have been said to affect reproductive development – are in our medical devices; we see lead in toys; dioxins in fish; and the list goes on. Many states – including California – have stepped in to address these threats because they see inaction at the national level.

"Senator Lautenberg, Chairman Waxman, Senator Boxer, Congressman Rush and others in Congress have already recognized that TSCA must be updated and strengthened. EPA needs the tools to do the job the public expects. And we are working together with President Obama on this issue.

The Administration's 6 part initiative will include the following according to Jackson:

"First, we need to review all chemicals against safety standards that are based solely on considerations of risk – not economics or other factors – and we must set these standards at levels that are protective of human health and the environment.

"Second, safety standards cannot be applied without adequate information, and responsibility for providing that information should rest on industry. Manufacturers must develop and submit the hazard, use, and exposure data demonstrating that new and existing chemicals are safe. If industry doesn’t provide the information, EPA should have the tools to quickly and efficiently require testing, without the delays and procedural obstacles currently in place.

"Third, both EPA and industry must include special consideration for exposures and effects on groups with higher vulnerabilities – particularly children. Children ingest chemicals at a higher ratio to their body weight than adults, and are more susceptible to long-term damage and developmental problems. Our new principles offer them much stronger protections.

"Fourth, when chemicals fall short of the safety standard, EPA must have clear authority to take action. We need flexibility to consider a range of factors – but must also have the ability to move quickly. In all cases, EPA and chemical producers must act on priority chemicals in a timely manner, with firm deadlines to maintain accountability. This will not only assure prompt protection of health and the environment, but provide business with the certainly that it needs for planning and investment.

"Fifth, we must encourage innovation in green chemistry, and support research, education, recognition, and other strategies that will lead us down the road to safer and more sustainable chemicals and processes. All of this must happen with the utmost transparency and concern for the public’s right to know.

"Finally, we need to make sure that EPA’s safety assessments are properly resourced, with industry contributing its fair share of the costs of implementing new requirements.

For more information concerning "occupational illnesses" and workers' compensation click here.

AIG Claims Conspiracy by Liberty and Hartford

AIG, an insurer bailed out by the US, now claims that other workers' compensation carriers entered into a conspiracy against them by underreporting their premiums. In an amended complaint filed last week in the Federal Court in Chicago (USDCT N.D. Ill.), AIG alleged that Liberty Mutual and Hartford/ACE entered into a conspiracy to underreport their premiums.

Premium calculations determine contributions to State compensation funds that cover State operated programs for employers unable to secure coverage in the open market. These include high risk employers.

National Workers Compensation Reinsurance Pool v. American International Group Inc., 1:07C-2898, U.S. District Court, Northern District of Illinois

For more about AIG click here.

CMS Terminates Voluntary WC Data Match Program

CMS has formally terminated the voluntary WC Data Match program that it instituted several years ago. With the enactment of Section 111 Mandatory Insurance Company reporting the voluntary program afforded to States and Insurance Company has been terminated.

In a letter to those participating CMS stated:

"This voluntary reporting arrangement has now ended. On July 1, 2009, Section 111 of the Medicare, Medicaid, and SCHIP Extension Act (the MMSEA) became effective for Workers’ Compensation insurance coverage. As of that date, the reporting of Workers’ Compensation information in support of Medicare Secondary Payer (MSP) determinations by CMS became mandatory. All existing voluntary reporting arrangements involving Workers’ Compensation programs are now null and void.

"July 1, 2009, is the date Section 111 reporting became effective, but it is not the date that states will begin to report Workers’ Compensation information under the Section 111 requirements. In summary, states that will be reporting Workers’ Compensation data through the Section 111 process are required to register for Section 111 reporting by September 30, 2009. The testing of the electronic data exchange process will start January 1, 2010. The first “production” file exchanges will start April 1, 2010.

"The process for arranging Section 111 reporting, and all the reporting timeline benchmarks that have been established are described in full on the Section 111 Website, www.cms.hhs.gov/mandatoryinsrep . The current version of the “NGHP User Guide” and additional instructions needed to report Workers’ Compensation information are located on the Website’s “Liability Insurance, Self-Insurance, No-Fault Insurance and Workers Compensation (NGHP)” page."

CMS Updates Submission Process for WCMSAs

CMS has announced two changes for the WCMSA submission process:

1. Updated checklist; and

2. Intent to provide a secure portal for submission of WCMSAs.

"Good news, over 85 responses were received to the "Survey for Workers' Compensation Medicare Set-Aside (WCMSA) Process." The results confirm entities who report workers' compensation settlements that contemplate future medical (including prescription drug) treatments support, overwhelming the availability of a secure Internet web-based portal or interface. Further, the vast majority of responders stated that they are capable of uploading and transmitting documentation in a PDF format into a secure Internet web based portal application.

Based on the results, CMS will be moving forward with its plan to make available a secure Internet web-based portal or interface for the WCMSA submission process."

For more information about CMS and WCMSAs click here.

NY Opens 1 Year Window for 9/11 Claims

NY Governor David A. Patterson has signed into law a bill that permits otherwise time-barred claims against NY municipalities arising out of terrorist activities that occurred on September 11, 2001.

The City of NY just released the 2009 Annual Report concerning the health consequences of the 9/11 attack. The report concludes:

"Results from large epidemiologic studies suggest that probable posttraumatic stress disorder (PTSD) is the most common WTC-related health condition among exposed adults. Probable PTSD means that individuals scored above a certain threshold when responding to a mental health screening questionnaire but have not undergone the psychiatric interview necessary to confirm the diagnosis.

I The risk for developing probable PTSD was higher among those who were:

• Caught in the dust cloud released by the buildings as they collapsed

• Injured as a result of the attacks

• Directly exposed to the events of 9/11, including proximity to the WTC site, witnessing horrific events and knowing someone who was killed or injured in the attacks

• Among rescue and recovery workers, working at the WTC site for a long time or doing tasks outside of their trained area of expertise.

I Several studies indicated that respiratory symptoms, sinus problems, asthma, and loss of lung function were found in people or reported by some who were exposed to WTC dust, including rescue and recovery workers, residents and evacuees. Other studies have suggested that risk of developing sarcoidosis (an inflammation that usually affects the lungs) was elevated in the first few years after the event. Many exposed adults were also diagnosed with or reported having heartburn, acid reflux or gastroesophageal reflux disease (GERD), often in conjunction with other respiratory or mental health symptoms. GERD is a common condition among the general population, however; further research is needed to understand the association between GERD, WTC exposure and other WTC-related health conditions.

I The risk for developing respiratory problems has been examined most thoroughly among rescue, recovery and clean-up workers, and was increased among those who:

• Arrived early at the WTC site • Worked at the WTC site for long periods of time.

I Few studies addressed the impact of WTC exposure on child and adolescent health, especially physical health.

I Whether there is a relationship between WTC exposure and other longer-term illnesses, including cancer, is unknown but clinicians, epidemiologists and other researchers are actively studying this. They also are studying the relationship between WTC exposure and mortality.

I At the time of the report’s publication last year, treatment for WTC-related conditions was available for exposed groups, including children and adolescents, in the NewYork City area."

For additional information on 9/11 Compensation click here.

Medical Costs Soar in the US $55.4 Billion Workers’ Compensation Business

Medical costs continue to soar as a cost in Workers’ Compensation insurance costs nationally. Despite the nations economic downturn a recent report issued by the National Academy of Social Insurance (NASI) reveals that medical spending increased 3.3%.

The costs of the workers’ compensation medical care nationally now represents 49% ($27.2 Billion) of the benefit package. Cash benefits grew a modest .8% over last year.

For about medical benefits and Workers’ Compensation click here.