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

Monday, November 21, 2011

EU Restricts US Airport Scanners As Health Hazard

The European Commission has adopted today a proposal for an European Union legal framework on security scanners. This legislation allows airports and Member States that wish to use security scanners for the screening of passengers to do so under strict operational and technical conditions.
Member States have been trialling or testing security scanners, since a terrorist attempted on 25 December 2009 to blow up a plane flying from Amsterdam to Detroit with plastic explosives he had hidden in his underwear. Until now the use of security scanners has been done under a patchwork of different national operational procedures and standards and in a limited way. As a common EU-wide framework, the new legislation legally allows Member States and airports to replace current security systems with security scanners. It also ensures the uniform application of security rules at all airports and provides strict and mandatory safeguards to ensure compliance with fundamental rights and the protection of health.
Member States and airports do not have an obligation to deploy security scanners, but if they decide to use them, they will have to comply with the operational conditions and performance standards set at European level.
Vice-President Siim Kallas, Commissioner responsible for transport, said: "Security scanners are not a panacea but they do offer a real possibility to reinforce passenger security. Security scanners are a valuable alternative to existing screening methods and are very efficient in detecting both metallic and non-metallic objects. It is still for each Member State or airport to decide whether or not to deploy security scanners, but these new rules ensure that where this new technology is used it will be covered by EU wide standards on detection capability as well as strict safeguards to protect health and fundamental rights. Experience to date shows that passengers and staff generally see security scanners as a convenient method of screening."
Security scanners are an effective method of screening passengers as they are capable of detecting both metallic and non-metallic items carried on a person. The scanner technology is developing rapidly and has the potential to significantly reduce the need for manual searches ("pat-downs") applied to passengers, crews and airport staff.
Under the new EU legislation the use of security scanners is only allowed in accordance with minimum conditions such as for example that: security scanners shall not store, retain, copy, print or retrieve images; any unauthorized access and use of the image is prohibited and shall be prevented; the human reviewer analyzing the image shall be in a separate location and the image shall not be linked to the screened person and others. Passengers must be informed about conditions under which the security scanner control takes place. In addition, passengers are given the right to opt out from a control with scanners and be subject to an alternative method of screening.
By laying down specific operational conditions and by providing passengers with the possibility of opting out, the legislation safeguards fundamental rights and the principles recognized in particular by the Charter of Fundamental Rights of the European Union.
In order not to risk jeopardizing citizens' health and safety, only security scanners which do not use X-ray technology are added to the list of authorized methods for passenger screening at EU airports. All other technologies, such as that used for mobiles phones and others, can be used provided that they comply with EU security standards.

WHO Concludes Occupation Exposure to Bitumens Can Cause Cancer

The World Health Organization (WHO)/International Agency for Research on Cancer’s Monographs programme re-evaluated various occupations that entail exposures to bitumens and bitumen emissions, including road paving, roofing, and application of mastic asphalt.

After an 8-day comprehensive review, the Working Group concluded that:

• occupational exposures to oxidized bitumens and their emissions during roofing are ‘probably carcinogenic to humans’ (Group 2A);

• occupational exposures to hard bitumens and their emissions during mastic asphalt work are ‘possibly carcinogenic to humans’ (Group 2B); and

• occupational exposures to straight-run bitumens and their emissions during road paving are ‘possibly  carcinogenic to humans’ (Group 2B).

Bitumens are produced by distillation of crude oil during petroleum refining, and also occur naturally. Bitumens can be  divided into broad classes according to their physical properties and specifications required for the different uses. The  major use of bitumens is in asphalt for road paving; other uses include roofing, waterproofing, and sealing and  painting.  Application of bitumens may generate hazardous emissions.

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.

Sunday, November 20, 2011

Bullying Shouldn't Be Taught in Schools

Schools systems are an essential source of education for our nation's future workforce. They become a farce when bullying is taught. The following is an editorial from the Star Ledger newspaper:


Wayne Hills puts bullies ahead of victims by reinstating football players

Wayne Hills coach Chris Olsen speaks during the Wayne Board of Education last night. About 60 Wayne Hills players were in attendance to support their coach and teammates.
The Record
Wayne Hills varsity football coach Chris Olsen, proving that winning games is more important to him than teaching life lessons, defended nine players charged in the brutal beating of two Wayne Valley students.
Actually, Olsen went further than that. He painted the accused rampaging juvenile delinquents as victims.
At last night’s board of education meeting, Olsen told the crowd that the accused players -- who cops say left one kid bloody and unconscious in the street -- “are guilty of playing football at Wayne Hills.”
In other words, the bullies are the victims.
That’s rich.
Let’s remind ourselves of the odds: Nine football players against two students.
And the charges: Aggravated assault.
Another point: Not once last night were the words “We’re sorry” uttered by Olsen.
And believe it or not, the spineless and morally bankrupt board of education fell for Olsen’s twisted sense of reality, and decided to reinstate the players, who had been banned by the superintendent from tonight’s playoff game against Paramus.
Olsen said the past 10 days, since the charges have come to light, have been a “nightmare.”
(Let’s pause here for a moment of silence for Olsen.)
He said his wife has been called bad names. He said e-mails have suggested that Olsen’s kid, who plays on he team, might have been involved in the beating, although Olsen says he wasn’t.
We don’t condone dragging Olsen’s wife and son into this mess, but Olsen misses the point: Times are a lot tougher for the victims. A mother of one of the victims says her son suffers from real nightmares, not the figurative one that Olsen, with a ridiculous sense of literary license, conjured last night
Why the nightmares? Because the victim recalls being kicked repeatedly as he lay on the ground.
Olsen’s next move should be to ask for a pay raise, because he is more than just a football coach. He’s now an investigator who is insisting there is evidence to indicate that some of the players charged might not have been involved
He’s a protest organizer, who paraded his players, dressed in their jerseys, into the meeting as props.
He’s a defense attorney, too. In his best Johnnie Cochran, Olsen called the process a “rush to justice.”
“Let’s say some of the boys, or all of them are found not guilty,” Olsen said. “What do we say to them? ‘We’re sorry’?”
Actually, yes. That’s exactly what we say.
We say, “We’re sorry, but there was enough evidence for police to charge you with a serious and violent crime, and to protect the integrity of the school, and to show that this issue is far more important than a football game or football season, we decided to make you sit out until the courts decided your guilt or innocence.”
The police chief says his investigators are meeting resistance because witnesses are afraid to talk. School officials should implore witnesses to come forth.
Olsen says the ordeal has made him question whether to continue coaching. With the lesson he is teaching his players here, we question it, too. He should bench the players.
Because if he doesn’t, any championship banner Wayne Hills might hang will be stained with blood.

Friday, November 18, 2011

Claim Permitted Against Employer For Concealment of Chemical Dangers

A Federal Court permitted a claim a claim by the estate of a former worker to advance against an his employer despite the exclusivity bar of the workers compensation act. The employer had not warned the employee of the potential deadly side effects of pesticides.


In satisfying the two prong (conduct and context) NJ test for an intentional tort against an employer, the employee's estate set forth that the employer had intentionally and fraudulently concealed information of the hazardous nature of the chemicals and substances that the employee worked with as an exterminator.


The employee, who applied pesticides for 11 years, was not furnished with adequate safety equipment and was not provided with warning materials available to the employer.


The court held that employer's conduct was substantially certain to cause injury or death. The estate filed a certification substantiating the events surrounding the exposure and death; material Safety Data Sheets; and expert reports. Where the conduct of the employer is actively misleading and illness and death were substantially certain to occur the employ can be held liable.


Where the conduct of the employer in not protecting the employee is more than a fact of industrial life and is "plainly beyond anything the Legislature intended the Workers' Compensation Act to immune," the compensation act is not an exclusive remedy against the employer.


The Court held that the employer "understood the hazardous nature of the chemicals but failed to provide the decedent with the equipment necessary to ensure his safety. ".... the employer turned a "blind eye to the risks inherent chemical in the use of the chemicals" and went as far as hiding those risks so that the employee was not aware of their existence. "Concealment is hardly an expected fact of life in industrial
employment."

Click Here For Complete Decision: Blackshear v. Syngenta Crop Protection, Inc., Civ. Action No. 10-3585 (KSH) (USDCT - NJ 2011)


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.

The Complex World of Workers' Compensation and Pharmaceutical Benefits

The Workers’ Compensation system, designed over a century ago, was intended to provide medical benefits that were to be delivered to injured workers in an efficient and effective manner. Over the decades, the benefit program has evolved into a complex and costly system that is difficult to navigate and provides uncertain outcomes. Pharmaceutical benefits have become a serious concern and have added complexity and costs to the program.

Prescription drugs have become an increasingly important issue in workers’ compensation law. Their use in workers’ compensation claims has resulted in both a major direct financial cost to the system, and has had substantial impact on the efficiency of the administrative process. The use of prescription drugs in workers’ compensation will require further discussion in order to maintain the system as the efficient, remedial social legislative system the crafters envisioned over a century ago.

Gelman, Jon L., The Complex World of Workers' Compensation and Pharmaceutical Benefits, New Jersey Law Journal, Vol. 206, p. 5, October 2011. 


Complete Article Available at SSRN: http://ssrn.com/abstract=1960708

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.

WorldDay of Remembrance for Road Traffic Victims — November 20, 2011

Road traffic crashes kill nearly 1.3 million persons every year and injure or disable as many as 50 million more (1). Road trauma is the leading cause of death among persons aged 10--24 years worldwide and the leading cause of death to those aged 5--34 years in the United States. CDC has declared road traffic injuries a "winnable battle" and supports efforts at the United Nations (UN) and World Health Organization (WHO) to celebrate 2011--2020 as the Decade of Action for Road Safety (2). Distracted driving is a major cause of accidents.
In October 2005, the UN General Assembly adopted a resolution* calling for governments to mark the third Sunday in November each year as World Day of Remembrance for Road Traffic Victims. The day was created as a means to give recognition to persons injured or killed in road traffic crashes and the plight of relatives and others who must cope with the emotional and practical consequences of these events.
WHO and the UN Road Safety Collaboration encourage governments and nongovernmental organizations worldwide to commemorate this day as a means of drawing the public's attention to road traffic crashes, their consequences and costs, and prevention measures. Additional information about the remembrance day is available at http://www.worlddayofremembrance.orgExternal Web Site Icon. Additional information about motor vehicle injuries and prevention is available at http://www.cdc.gov/winnablebattles/motorvehicleinjury.

References

  1. World Health Organization. Global status report on road safety: time for action. Geneva, Switzerland: World Health Organization; 2009.
  2. CDC. Launch of Decade of Action for Global Road Safety---May 11, 2011. MMWR 2011;60:554.

* Improving global road safety, Resolution 60/5, United Nations General Assembly, 60th Sess. (2005). Available at http://www.un.org/en/roadsafety/background.shtmlExternal Web Site Icon.

Tuesday, November 15, 2011

US Supreme Court, Health Care & Workers' Compensation

The Supreme Court of the United States. Washin...Image via Wikipedia

The winds of change have brought a new health care system to the US. The US Supreme Court  will now have an opportunity to express it's opinion on the validity of the legislation. The new system, that provides additional worker protections, and a prototype of a universal medical care system ,"Libby Care," encompassing workers' compensation claims, reflects changes desperately needed.

Monday, November 14, 2011

Chicago Contractors Fines $280,000 For Asbestos Violations

The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Chicago companies, T2 G.C. LLC, which operates as T2 Construction, and Gramek Construction Inc. for failing to protect workers from asbestos hazards at a job site in May. T2 Construction faces proposed fines of $141,600 and Gramek Construction faces proposed fines of $138,600, for a combined total of $280,200.

T2 Construction was the general contractor at the Chicago job site, which involved a 90-year-old, 80,000-square-foot building. T2 oversaw the activities of demolition contractor Gramek Construction, including the removal of floor tile and pipe insulation that allegedly contained asbestos.

"Failing to conduct an asbestos assessment and require workers to wear personal protective equipment when working with material potentially contaminated by asbestos shows a blatant disregard for their health and safety," said OSHA Regional Administrator Michael Connors in Chicago. "Safe and healthful working conditions should be paramount on every job site, and OSHA is committed to protecting workers, especially when employers fail to do so."

T2 Construction was cited for two willful health violations including failing to have a competent person conduct an initial assessment prior to commencing Class I and Class II asbestos work, and failing to ensure compliance with the asbestos standard as the general contractor. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement or plain indifference to employee safety and health.

Additionally, T2 Construction was cited for 14 serious violations involving asbestos control procedures, such as failing to conduct air and exposure monitoring, failing to follow specific engineering controls and practices, failing to remove tile intact, allowing dry sweeping of dust and residue, failing to provide hygiene facilities for workers conducting asbestos removal and failing to ensure that employees wore adequate personal protective clothing while performing asbestos work. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Gramek Construction was cited for one willful health violation for failing to have a competent person conduct an initial assessment prior to commencing Class I and Class II asbestos work. The company also was cited for 24 serious health and safety violations, 18 of which involved violations of asbestos control procedures such as failing to conduct air and exposure monitoring, failing to follow specific engineering controls and practices, allowing dry sweeping of dust and residue, failing to implement a respiratory protection program, failing to provide hygiene facilities for workers conducting asbestos removal and failing to ensure that employees wore adequate personal protective clothing for asbestos work. The remaining six serious safety violations were cited for lack of fall protection and training as well as electrical hazards.

The citations issued to T2 Construction can be viewed athttp://www.osha.gov/ooc/citations/T2GCLLCdbaT2Construction_315512137_1102_11.pdf*

The citations issued to Gramek Construction can be viewed athttp://www.osha.gov/ooc/citations/GramekConstrcutionInc_315512145_1102_11.pdf*

Each company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.


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.

Sunday, November 13, 2011

South Florida Miles for Meso 2012


Boca Raton, FL – The 3rd Annual Miles for Meso weekend is set! February 10-12, 2012 
Larry Davis, organizer of South Florida Mikes for Meso has announced: We are planning our ever popular Welcome event. Although you will need to check back with us for it’s location, you won’t be disappointed. We will offer the opportunity to meet friends, old & new, while picking up your race packet and information on the latest in Mesothelioma news.  
Saturday evening – We will once again host our Health Symposium. We are currently making arrangements with 2 new physicians who will be discussing the latest news in cancer treatments and trials.  
Sunday morning – On your mark … get set … get ready for the 3rd Annual Miles for Meso 8K/4K Tribute Walk! The race will start just after the sun rises over the beautiful Atlantic. It’s a beautiful site as you run along A1A patting yourself on the back for helping raise funds for an excellent cause!  
This year’s event will have something for everyone involved; 
  1. Racers – A great course, a race T, snacks & friends. 
  2. Patients – It will be an amazing place to meet other patients and supporters of Mesothelioma, the Meso Foundation and the Asbestos Disease Awareness Organization. There is a wealth of information just within those people, not to mention the incredible attorneys we will have on hand who can assist in giving you further information on how they can help and programs they offer. 
  3. Survivors (patients & family members) – Support in numbers. You aren’t alone in your fight against Mesothelioma and the companies who have used asbestos in their products! Talk with us and let the healing begin. Volunteers – We absolutely couldn’t do this without you. Every year we have wonderful people who come out and donate their time to making this event a success. Please join us again and help make this our best race yet. 

South Florida Miles for Meso Race Info
Welcome Event
The race's welcoming event will take place Friday, Feb. 10. This event will offer participants to meet friends, old & new, while picking up race packets and information on the latest mesothelioma news. Location & times TBA.
Health Symposium
A Health Symposium will take place Saturday evening before the race. Last year, it featured Dr. Richard Alexander. Plans are under way to feature two physicians who will discuss the latest news in cancer treatments and clinical trials.
TIMES
Pre-Registration begins at 5:45 a.m. the day of the race
The 8K race starts at 7:30 a.m.
PLACE
Spanish River Park
3001 North Ocean Blvd.
Boca Raton, FL 33431
LOCATION & DIRECTIONS
The race starts on AIA in front of Spanish River Park. Take I-95 to Palmetto Park Road, East to AIA, then left (north) 2.5 miles to Spanish River Park.
COURSE
USATF Certified Course by Evert McDowell
ENTRY FEES
More information coming soon.
8K RUN AWARDS
Awards will be giving to the top 3 overall M/F runners; the top master M/F runners; and the top 3 M/F runners in the following age group categories: 0-9, 10-14, 15-19, 20-24, 25-29, 30-34, 35-39, 40-44, 45-49, 50-54, 55-59, 60-64, 65-69, 70-74, 75-79, and 80+.
IN-STORE REGRISTRATION
More information coming soon.
REGISTER ONLINE
More Information Coming Soon!
HEAT WARNING
Temperatures & humidity can be high in South Flordia. Participants should drink plenty of fluids (non-alcoholic) for 48 hours prior to, during and upon finishing the race. Beware of heat injury symptoms: dizziness, no sweating, nausea, cramps, redness, incoherent speech & thoughts. Seek immediate medical attention if symptoms occur. Wear loose, light-colored clothing.
RACE HOTLINE: 954-303-5960
RACE PROCEEDS BENEFIT
Learn more at the Boca Raton Road Runners website.



Saturday, November 12, 2011

The Gingrich Revival and The Future of Workers' Compensation

Newt Gingrich's sudden rise in popularity this week for the Republican nomination for the US presidency has yet again raised the concern as to whether the workers' compensation program will become extinct. Mr. Gingrich has long sought the withdrawal of any employer contributions to workers' compensation.


"We have to rethink and redesign the public policies we created for people with disabilities, for workers' compensation, and for long-term living. Policies and systems that made perfect sense in an industrial era make no sense in the information age. The paternalistic solutions of the twentieth century are actually roadblocks to hope and opportunity in the twenty-first century.
Century Contract with America By Newt Gingrich


Friday, November 11, 2011

OSHA encourages major retailers to provide crowd management measures to protect workers during major sales events

The U.S. Department of Labor's Occupational Safety and Health Administration is encouraging major retail employers to take precautions to prevent worker injuries during Black Friday and other major sales events during the holiday season.

In 2008, a worker was trampled to death while a mob of shoppers rushed through the doors of a large store to take advantage of an after-Thanksgiving Day Black Friday sales event. The store was not using the kind of crowd management measures recommended in OSHA's fact sheet, which is available online at http://www.osha.gov/OshDoc/data_General_Facts/Crowd_Control.html.

"Crowd control is critical to preventing injuries and deaths," said OSHA Assistant Secretary Dr. David Michaels. "These incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season."

The fact sheet provides employers with recommended elements for crowd management plans. Plans should include having trained security personnel or police officers on-site, setting up barricades or rope lines for pedestrians and crowd control well in advance of customers arriving at the store, making sure that barricades are set up so that the customers' line does not start right at the entrance of the store, having emergency procedures in place that address potential dangers, and having security personnel or customer service representatives explain approach and entrance procedures to the arriving public.

OSHA also recommends not allowing additional customers to enter the store when it reaches its maximum occupancy level and not blocking or locking exit doors.



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 9, 2011

Super Committee Ideas May Impact Workers Compensation in Super Ways

The "Super Committee" of the US Congress is mandated to set forth a proposal for debt reduction by November 30, 2012. Some of the proposals may impact the nations' workers' compensation in a big way. 


The proposals include extending premium raises for Parts B and D; changing the retirement age from 65 to 67; establishing a permanent "Doc Fix" and lower medical provider costs; lower the costs for durable goods and establish a cost limiting structure for prescription drugs. All of these suggested recommendations will potentially trigger changes in workers' compensation benefits and administrative procedures.


As more dollars are sought from entitlement programs to shore up the national debt, the integrated benefit program of workers' compensation will require modification as to the amount and duration of benefits as well as the cost. 

Monday, November 7, 2011

Green Buildings May Not Be Safe Buildings

"The US Green Building Council (USGBC) sponsored LEED green building program represents the largest program in the United States for the measurement, verification, and certification of green buildings. A recent study found that LEED certified buildings have accounted for a higher injury rate than comparative traditional non‐LEED buildings. 

"This finding served as the impetus for the present study, which aimed to identify and evaluate the safety and health risks associated with the design elements and construction management practices implemented to achieve LEED certification. To explore this topic, six detailed case studies and two validation case studies were conducted following a strict protocol developed from guiding literature. 

The results indicate that:
(1) workers on LEED construction projects are exposed to work at height, with electrical current, near unstable soils, and near heavy equipment for a greater period of time than on traditional projects; 
(2) workers are exposed to new high risk tasks such as constructing atria, installing green roofs, and installing photovoltaic (PV) panels; and 
(3) some credits result in a positive impact on construction worker safety and health when low VOC adhesives and sealants are specified. It is expected that these results can be used by practitioners to focus attention and resources on new high risk work environments.

Identification of Safety Risks for High Performance Sustainable Construction ProjectsJournal of Construction Engineering and Management doi:10.1061/(ASCE)CO.1943-7862.0000446