Winners - Safe Workplaces for Everyone photo contest

Aaron Sussell, Cincinatti Ohio 

1st Place Winner of the Public Contest

"This is a great captured moment that tells the story of workplace safety. These men are perfectly covered up in hats to protect themselves from the sun. They are using proper tools and protecting themselves with gloves and foot coverings." 

-- Kathleen Klech, Photography Director, Condé Nast Traveler Magazine and Photo Contest Judge

In celebration of its 40th anniversary, OSHA held the Picture It!: Safe Workplaces for Everyone photo contest. The contest challenged anyone with a passion for photography to capture an image of workplace safety and health and share it with OSHA. In response, OSHA received more than 300 submissions portraying a wide range of industries and activities.

At the same time, OSHA held a second contest challenging OSHA staff to submit their images of workplace safety and health. 

More than 50 submissions were received for this internal contest.

Winners were selected by an expert panel of judges that included Earl Dotter, photojournalist; Carl Fillichio, the Department of Labor’s Senior Advisor for Communications and Public Affairs; Kathleen Klech, photography director for Condé Nast Traveler magazine; and Shawn Moore, the chief photographer for the Department of Labor. OSHA extends its thanks to these judges for their generosity and their critical expertise.

Roberto Carlos Vergara, Charlotte, North Carolina 

2nd Place Winner of the Public Contest

Roberto Rodriguez, Mesquite, Texas

3rd Place Winner of the Public Contest

Click here to view The Honorable Mentions from the Public Contest, as well the OSHA Staff Winners and the Flicker page link to other submissions.

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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.

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The Toxic Legacy of Raybestos-Manhattan Continues

The epic toxic legacy of asbestos brake manufacturer, Raybestos-Manhattan Inc., a/k/a Manhattan Rubber and Raymark, continues as waste from its former plants plagues present communities. Raybestos had several production plants in the US including Connecticut, South Carolina and Passaic, New Jersey.

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.

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Temporary Holiday Workers Face Hazards of the Season

This holiday season, more than in the past, there will be a serious challenge to workers who are taking on temporary jobs. As the economy continues to be in the ditch, more people are being hired for jobs for which they are untrained and unfamiliar. Injuries will result.

Temporary employees who are injured at work are not accustomed to the procedural requirements to give their employers notice of the injury, and the correct manner and method to seek approved medical treatment. Additionally benefits paid to seasonal workers are notoriously low and paid sporadically so the computation of rate benefits becomes an issue.

See Eve Tahmincioglu's article, Tough economy makes holiday jobs a gift for many (msnbc.msn.com)

"In 2008, Andrew Sullivan lost his job as a sales and customer service supervisor for a telecommunications company and decided to take a temporary seasonal gig as a driver for UPS because he couldn’t find work in his field....." 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.

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Cell Phones Usage For Commercial Interstate Drivers to be Banned

The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. Cell phones have become a major cause of distracted driving accidents resulting in an increase of workers' compensation claims by employees as well as liability lawsuits against employers directly.

Read the proposed Federal Rule: Final Rule: Drivers of CMVs: Restricting the Use of Cellular Phones

"FMCSA and PHMSA are amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs). This rulemaking will improve safety on the Nation’s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs. The Agencies also amend their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver’s license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones." 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.

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Changing the Fundamental Rules of Workers Compensation

The elimination of the principle of "no fault" from the workers' compensation system is the conclusion of study commission by Britain's Department of Work and Pensions. The report, to be released this week, is significant because the US system was modeled after the program adopted in Europe.

Read the article, "Workers 'should not be able to sue for accidents if it's their fault' (dailymail.co.uk)

"Employees would lose the right to sue when they are are injured at work because of their own mistakes, under new health and safety reforms."
"In a review published next week there are calls for a 'rebalancing' of safety laws and a dramatic reduction in the number of rules in the workplace......" 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.

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Fallout From The Failure of Super Committee May Cascade Into Workers Compensation Medical Delivery

USA Today Poll

The failure the Congressional Super Committee to reach an agreement on debit reform may result in a major readjustment of the Medicare premium system. That change, will possibly be a merger of the two ends of the political spectrum and result in a Newt Gingrich type privatization of the funding of medical delivery. 


Similarly, and consistent with the Gingrich plan, the soaring medical costs of workers' compensation will need to be addressed. Lacking a more creative innovation from the workers' compensation arena, the changes may result in the peeling off of medical benefits from the workers' compensation menu and making it an a la carte item with deductibles as side dishes.

Read the article  Support Builds for a Plan to Rein In Medicare Costs by Robert Pear (nytimes.com)


"WASHINGTON — Though it reached no agreement, the special Congressional committee on deficit reduction built a case for major structural changes in Medicare that would limit the government’s open-ended financial commitment to the program, lawmakers and health policy experts say."

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Asbestos, Railroads and The US Supreme Court

For decades railroad equipment, including engines, were heavily insulated with asbestos fiber, a known carcinogen and causally related to mesothelioma, a rare and fatal cancer. Many lawsuits have been filed by victims and their families to recover benefits against the suppliers, manufacturers and distributors of asbestos fiber. This month, The US Supreme Court heard oral argument to determine whether state laws were preempted under Federal law and that state laws were not applicable in judging the lawsuits.


The initial claims for asbestos related diseases were filed as workers' compensation claims in the United States. Soon it was revealed that the suppliers, distributors and health research (trade) organizations were concealing information to the workers as to the deadly dangers of asbestos fiber. As asbestos related disease, including mesothelioma, became epidemic, tens of thousands of civil claims were filed.


As a result of the long latency period from exposure to asbestos fiber to disease manifestation, the claims continue to be filed on behalf of former workers and their estates. While the exposures are usually multi-faceted, the issue regarding which law will cover railroad claims remains unresolved.


Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al., Petitioners v. Railroad Friction Products Corporation, No. 10-879.

US Supreme Court Opinion

SCOTUSblog Coverage

• Argument recap: Contending with old precedent
• Argument preview: Preemption under the Locomotive Inspection Act

Briefs and Documents

Merits Briefs for Petitioners

• Brief for Gloria Gail Kurns et al.
• Reply brief for Gloria Gail Kurns et al.

Amicus Briefs in Support of the Petitioners

• Brief for the Academy of Rail Labor Attorneys
• Brief for the American Association for Justice
• Brief for the National Association of Retired and Veteran Railway Employees
• Brief for Public Justice, P.C.
• Brief for Public Law Scholars
• Brief for the United States

Merits Briefs for the Respondents

• Brief for Railroad Friction Products Corp. and Viad Corp.

Amicus Briefs in Support of the Respondents

• Brief for Thyssenkrupp Budd Company 
• Brief for the National Association of Manufacturers 
• Brief for General Electric Corporation 
• Brief for John Crane Inc. 
• Brief for Chamber of Commerce
• Brief for the Washington Legal Foundation
• Brief for DRI-The Voice of the Defense Bar 
• Brief for Griffin Wheel Company 
• Brief for the Association of American Railroads

Certiorari-stage Documents

• Petition for certiorari
• Brief in opposition for Railroad Friction Products Corp. (unavailable)
• Response to petition for VIAD
• Supplemental brief for respondent VIAD
• Supplemental brief for respondent Railroad Friction Products Corp. 

The supplemental briefs in this case make reference to the Solicitor General's brief in Crane v. Atwell, which is available here.    

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.


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