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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Tuesday, April 26, 2011

Workers Memorial Day - April 28th


Decades of struggle by workers and their unions have resulted in significant improvements in working conditions. But the toll of workplace injuries, illnesses and deaths remains enormous. Each year, thousands of workers are killed and millions more are injured or diseased because of their jobs. The unions of the AFL-CIO remember these workers on April 28, Workers Memorial Day.
The first Workers Memorial Day was observed in 1989. April 28 was chosen because it is the anniversary of the Occupational Safety and Health Administration and the day of a similar remembrance in Canada. Every year, people in hundreds of communities and at worksites recognize workers who have been killed or injured on the job. Trade unionists around the world now mark April 28 as an International Day of Mourning.

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Sunday, April 24, 2011

NIOSH Correction: Asbestos is A Know Carcinogen

NIOSH has corrected it originally released report last month and has now inserted the text:


"NIOSH has determined that exposure to asbestos fibers causes cancer and asbestosis in humans and recommends that exposures be reduced to the lowest feasible concentration."


For more about this correction see The Pump Handle article.


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Saturday, April 23, 2011

NIOSH Proposes Chronic Lymphocytic Leukemia As Compensable

NIOSH logoImage via Wikipedia

The Department of Health and Human Services (HHS) is proposing to treat Chronic Lymphocytic Leukemia (CLL) as a radiogenic cancer under EEOICPA. Under the current final rule on Guidelines for Determining the Probability of Causation Under EEOICPA (42 CFR Part 81) published in 2002, all types of cancers, except for CLL, are treated as being potentially caused by radiation and therefore, as potentially compensable under EEOICPA. HHS proposes to reverse its decision to exclude CLL from such treatment.

(March 21, 2011)

this document in PDF PDF 270 KB (8 pages)

HHS invites written comments on this Notice of Proposed Rulemaking from interested parties. Comments must be received by June 20, 2011.


Persons or organizations interested in participating in this rulemaking by submitting written views, arguments, recommendations, and data can submit comments by e-mail or mail. Comments should be addressed to the NIOSH Docket Officer, titled "NIOSH Docket #209," and should identify the author(s), return address, and a phone number, in case clarification is needed. 


  • E-mail: NIOSH Docket Officer, nioshdocket@cdc.gov. Include "NIOSH Docket #209" and "42 CFR 81.30" in the subject line of the message.

  • Mail: NIOSH Docket Office,
    Robert Taft Laboratories, MS-C34
    4676 Columbia Parkway, Cincinnati, OH 45226


All communications received on or before the closing date for comments will be fully considered by HHS.


All comments submitted will be available for examination in the rule docket (a publicly available storage of the documents associated with the rulemaking) both before and after the closing date for comments.

A complete electronic docket containing all comments submitted will be available athttp://www.cdc.gov/niosh/docket/archive/docket209.html or comments will be available in hard-copy by request.


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 work related accidents and injuries.

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Occupational Secondhand Smoke Exposures Continue in Some States

A recent report by the US Centers for Disease Control (CDC) reports that despite potential disease smoking is not prohibited yet in some workplaces.


"Secondhand smoke (SHS) exposure causes lung cancer and cardiovascular and respiratory diseases in nonsmoking adults and children, resulting in an estimated 46,000 heart disease deaths and 3,400 lung cancer deaths among U.S. nonsmoking adults each year. Smoke-free laws that prohibit smoking in all indoor areas of a venue fully protect nonsmokers from involuntary exposure to SHS indoors. A Healthy People 2010 objective  called for enacting laws eliminating smoking in public places and worksites in all 50 states and the District of Columbia (DC); because this objective was not met by 2010, it was retained for Healthy People 2020 (renumbered as TU-13). To assess progress toward meeting this objective, CDC reviewed state laws restricting smoking in effect as of December 31, 2010. This report summarizes the changes in state smoking restrictions for private-sector worksites, restaurants, and bars that occurred from December 31, 2000 to December 31, 2010. The number of states (including DC) with laws that prohibit smoking in indoor areas of worksites, restaurants, and bars increased from zero in 2000 to 26 in 2010. However, regional disparities remain in policy adoption, with no southern state having adopted a smoke-free law that prohibits smoking in all three venues. The Healthy People 2020 target on this topic is achievable if current activity in smoke-free policy adoption is sustained nationally and intensified in certain regions, particularly the South.

"As of December 31, 2010, in addition to the 26 states with comprehensive smoke-free laws, 10 states had enacted laws that prohibit smoking in one or two, but not all three, of the venues included in this study. Additionally, eight states had passed less restrictive laws (e.g., laws allowing smoking in designated areas or areas with separate ventilation). Finally, seven states have no statewide smoking restrictions in place for private worksites, restaurants, or bars. Of note, only three southern states (Florida, Louisiana, and North Carolina) have laws that prohibit smoking in any two of the three venues examined in this report, and no southern state has a comprehensive state smoke-free law in effect.


Secondhand smoking is a recognized compensable condition for workers' compensation benefits. Recently a casino worker exposed to secondhand smoke was permitted by a court to obtain benefits for the lung cancer that he suffered.

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 work related accidents and injuries.
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Thursday, April 21, 2011

OSHA Anniversary April 21, 2011 10:00am C-Span Event

A picture of David Michaels, Assistant Secreta...Image via Wikipedia
Featured speaker: David Michaels, Assistant Secretary of Labor for Occupational Safety and Health Introduction by:: John Podesta, President and CEO, Center for American Progress Featured panelists: Cathy Stoddart, Staff Nurse, Allegheny General Hospital, Pittsburgh, Pennsylvania, SEIU Mike Weibel, United Steelworkers/Goodyear Safety and Health Coordinator, Goodyear Tire and Rubber, Topeka, Kansas Peg Seminario, Director of Safety and Health, AFL-CIO Joseph Van Houten, Senior Director of Worldwide Environment, Health, and Safety, Johnson & Johnson David Weil, Professor of Economics, Boston University School of Management Moderated by: Reece Rushing, Director of Government Reform, Center for American Progress.

Source C-Span
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Tuesday, April 19, 2011

Dangerous Formaldehyde Based Hair Straighteners Reportedly in Widespread Use

A recent report published by the Environmental Working Group (EWG) reports, that formaldehyde based hair straighteners, used in many hair salons, are health hazards.  The products are allegedly being used without disclosure of the potential health dangers of human exposure. Formaldehyde is a known carcinogen, a cancer causing agent, as well as an allergen.


EWR reports:

"For the past four years, some celebrities and fashionistas with $250 to $600 to drop at a hair salon have raved about “Brazilian-style keratin” hair straighteners purported to transform frizzy, unmanageable hair into flat, silky-smooth locks.

"In fact, those chemical concoctions are loaded with formaldehyde, which numerous prestigious health bodies, most recently, a National Academy of Sciences panel, have labeled a human carcinogen. Formaldehyde is also a potent allergen. It is especially hazardous when it reverts to its natural state, a gas, and is inhaled. Formaldehyde-based hair straighteners present a particular danger to salon workers who apply blow driers and 450-degree flatirons to chemical-coated hair.

"Some salon clients and personnel have suffered severe allergic reactions, massive hair loss, neck and face rashes, blistered scalps and other serious health problems, according to an Environmental Working Group review of 47 previously unpublished “adverse event” reports filed with the U.S. Food and Drug Administration and obtained under the Freedom of Information Act.


"EWG’s comprehensive survey of 45 manufacturers of hair-straightening products has found that: 
15 of 16 companies claim little to no formaldehyde but tests show their products contain substantial amounts – These include Brazilian Blowout, Cadiveu and other top brands. The hair straightener company Goleshlee admits on its website that its product contains formaldehyde but omits the toxic chemical from its online ingredient list.
Fumes in salon air – Tests of salon air conducted in 2010 found powerful formaldehyde fumes. Other tests have found that hair straighteners contain up to 11.8 percent formaldehyde. When vapors reach significant levels, and when products contain a formaldehyde solution of more than 1 percent, federal law requires salons to provide medical monitoring for workers with symptoms, quick-drench showers for immediate use if solution touches skin and emergency eyewash stations. 
Most top salons deny risks – Only three of Elle magazine’s 41 top-rated salons surveyed by EWG do not offer hair-straightening services because of health dangers. Nine salons claimed they used products free or nearly free of toxic chemicals. Yet test results compiled by EWG show the products are laden with formaldehyde. The salons’ claims usually echoed the manufacturers’ own misstatements about the chemistry and safety of the products. Among salons offering formaldehyde hair straighteners are the Andy Lecompte salon in Los Angeles, Whittenmore House Salon in New York and Metodo Rossano Ferretti Hair and Spa in Miami."

Recently the US Occupational and Health Administration issued a "Hazard Alert" to salon workers and owners over the dangers of the us of hair straighteners. The EWG has petitioned the US Food and Drug Administration (FDA) to also take action citing allegedly hazardous products. The exhibit accompanying the petition reviews multiple products including:


The EWR reports on the following products:
  • R and L Soft-Liss Professional Line 
  • KeraGreen Keratin and Protein Hair System by LBD 
  • Tahe Thermo Keratin Hair Treatment
  • Silkening Technologies Pro Collagen Rx Keratin Treatment
  • Brazilian Gloss Brazilian Keratin Treatment
  • Keratin Express Formula
  • Marcia Teixeira Brazilian Keratin Treatment
  • IBS i-Straight System
  • Coppola Keratin Keratin Complex Smoothing Therapy
  • Brazilian Blowout Açai Professional Smoothing (“Original”) Solution
  • Cadiveu Brazilian Keratin Smoothing Formula
  • Global Keratin (“GKHair”) Products
  • QOD

Since the FDA does not have the authority to issue a recall, EWR recommends, among other safety issues that need to addressed, that companies voluntarily recall their hair straightening products.

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 work related accidents and injuries.
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Monday, April 18, 2011

OSHA To Fine Employers for Distracted Driving Accidents

OSHA has announced an aggressive program to combat "The Number 1 Killer of Workers," Distracted Driving. The announcement was made today by Dr. David Michaels, Assistant Secretary of Labor of the Occupational Safety and Health (OSHA).


The enforcement program was described by Michaels  at a symposium on the prevention of Occupationally-Related Distracted Driving conference hosted by Johns Hopkins University. Following the policy announced by President Obama in his Executive Order banning texting while driving, OSHA is calling upon all employers to ban texting while driving.


It is the intention of OSHA to provide education and enforcement on the issue of distracted driving. OSHA will investigate motor vehicle accidents, including cell phone records, and will issue citations and fine employers where an accident involved texting while driving. While OSHA has juridiction over employers, and not employees,  it hopes to encourage all employers to declare motor vehicles a "text free zone."

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