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

Wednesday, April 27, 2011

Distinguished Author About Asbestos Dangers Seeks to Save His Archives

Paul Brodeur, author of many articles concerning the dangers of environmental hazards including asbestos, and the award winning book, Outrageous Misconduct-The Asbestos Industry on Trial, is fighting with the New York City Public Library to save his research. A recent article in  The New York Times describes that the library will not return all of Brodeur's materials.

Brodeur, the former investigative reporter for The New Yorker magazine, donated his research to the library 18 years ago. The library recently reviewed the material, and only wishes to keep some, and not all, of the boxes of materials that Brodeur donated. When Brodeur requested that the entire collection be kept intact, but the NY library offered to return only what it declined to accept, and if not taken back will destroy the remaining items. 

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 asbestos exposures.
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Tuesday, April 26, 2011

An Independent and Impartial Judiciary Is A Duty Owed The People

"...judicial independence is not for the judges, and it’s not for the lawyers; it’s for the people who come to court..." 
Chief Justice Shirley Abrahamson, Wisconsin Supreme Court.

The US Judicial system is based on the cornerstone of the fairness, impartiality and absence of bias. Hearing official are charged with that obligation when they take their oath of office. 

The recent filing of a class action complaint in NY charging that a group of local Administrative Law Judges did not meet that responsibility is indeed shocking. 

See the complete NY Times report: http://tinyurl.com/3cfxs97
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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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