Copyright

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

Thursday, January 26, 2012

EPA Issues Annual Report on Chemicals Released Into Land, Air and Water in New Jersey

The U.S. Environmental Protection Agency  issued its 25th annual report on the amount of toxic chemicals released in 2010 to the land, air and water by industrial facilities in New Jersey. The Toxics Release Inventory (TRI) report covers 411 New Jersey facilities that are required to report their releases to the EPA. Total releases of chemicals in New Jersey were higher in 2010 than in 2009. A significant portion of the 2009-2010 increase was due to increases in wastewater being discharged from the DuPont Chambers Works, Conoco Phillips and Paulsboro Refining Co. LLC.

“Transparency is a powerful tool,” said EPA Regional Administrator Judith A. Enck. “The Toxics Release Inventory allows the public and policymakers to better understand the pollutants released to our air, water and land each year and gives them the information they need to take action in their communities. The data that was released is a reminder of how important TRI has been in helping us create a healthier environment, and the work still needed to be done to reduce industrial pollution.”

Last year marked the 25th Anniversary of the Toxic Release Inventory. In 1986, New Jersey Senator Frank R. Lautenberg authored the legislation that established TRI, which was signed into law as part of the Emergency Planning and Community Right-to-Know Act. Since that time, TRI data has been provided to the public annually to inform the public about the chemicals present in their local environment and gauge environmental trends over time. The inventory contains the most comprehensive information about chemicals released into the environment reported annually by certain industries and federal facilities. Many of these facilities are required to install and maintain pollution controls to meet the limits on pollution set forth in their permit.

Facilities must report their toxic chemical releases by July 1 of each year. EPA made a preliminary set of data for 2010 available in July 2011, the month the reported data was collected. Nationally, over 20,000 facilities reported on approximately 650 chemicals for calendar year 2010.

EPA has improved this year’s TRI national analysis report by adding new information on risks, facility efforts to reduce pollution and details about how possible economic impacts could affect TRI data. With this report and EPA’s Web-based TRI tools, the public can access information about the disposals and releases of toxic chemicals into the air, water, and land that occur in their communities.

To view an area fact sheet, visit: http://www.epa.gov/triexplorer/statefactsheet.htm

US Asbestos Imports Increases in 2011

The United States has yet to ban asbestos, a known carcinogen, and in 2011 the amount of asbestos that the US imports increased according to US government statistics. It is axiomatic, that the legacy from the this increase of asbestos imports will cause an increase in asbestos related illness in the US 30 years down the road as asbestosis and malignancies such as lung cancer and mesothelioma rise.

The following statement was issued today by Linda Reinstein, Co-Founder, President & CEO of the Asbestos Disease Awareness Organization, regarding the 2012 United States Geological Survey report about the dramatic increase in asbestos importation to the United States:

"As a Mesothelioma widow and asbestos awareness advocate, I was appalled and shocked to discover today that the 2012 United States Geological Survey (USGS) Mineral Commodity Summaries reported asbestos consumption from January through July of 2011 to be 1,100 metric tons; however, when comparing a previous report from January through July of 2010, asbestos consumption was reported to be 820 metric tons. This difference of 280 metric tons represents a 25% increase in consumption. For more than three decades, asbestos has been a known human carcinogen, yet occupational and environmental exposure continues throughout the United States.


There is no safe limit for asbestos exposure. Asbestos should be banned in the US.  The introduction and use of asbestos fiber into the US environment will only perpetuate a legacy of fatal disease for future Americans. 

Click here to read: USGS Mineral Commodity Summaries 2012
"Domestic Production and Use: Asbestos has not been mined in the United States since 2002. The United States is dependent on imports to meet manufacturing needs. Asbestos consumption in the United States was estimated to be 1,100 tons, based on asbestos imports through July 2011. Roofing products were estimated to account for about 60% of U.S. consumption; the chloralkali industry about 35%; and unknown applications, 5%."

Tuesday, January 24, 2012

Privacy Limits for Social Networking: The Right To Be Forgotten

The explosive use of social media information as a discovery and an investigatory tool in workers' compensation matters may soon be reaching its limits as the European Union is proposing privacy data regulations. The proposed regulations would allow users to shut down and literally expunge their social media records. It would be enforceable with heavy economic sanctions against social media providers.


Click here to read : Europe Weighs Tough Law on Online Privacy (NYTimes.com)
"The proposed law strikes at the heart of some of the knottiest questions governing digital life and commerce: who owns personal data, what happens to it once it is posted online, and what the proper balance is between guarding privacy and leveraging that data to aim commercial or political advertising at ordinary people."

Workers Compensation Fails to Cover Most Occupational Disease Claims

A just published study reports that only 25% of occupational disease claims are covered by US workers' compensation programs.

Click here to read the entire report: Economic Burden of Occupational Injury and Illness in the United States  Get PDF (611K)
"The medical and indirect costs of occupational injuries and illnesses are sizable, at least as large as the cost of cancer. Workers’ compensation covers less than 25 percent of these costs, so all members of society share the burden. The contributions of job-related injuries and illnesses to the overall cost of medical care and ill health are greater than generally assumed."

Friday, January 20, 2012

IAIABC Partnering with Self-Insurance Guaranty Funds

The International Association of Industrial Accident Boards and Commissions (IAIABC) and Self-Insurance Guaranty Funds of America (SIGFA) announced their partnership in 2012. Working together, the two groups hope they will foster greater discussion among members of U.S. guaranty funds and workers’ compensation regulators. This collaboration will enable the sharing of collective knowledge and expertise on common interests, particularly self insurance regulation.

Beginning in 2012, SIGFA will host its annual meeting in conjunction with the IAIABC 98th Annual Convention. “We are excited about this agreement as there is a natural alignment between the two groups,” commented Alan McClain, IAIABC Past President. “We look forward to welcoming fund administrators from across the nation to our annual meeting.” Guaranty funds play an important role in the U.S. workers’ compensation system and their participation will enrich conference discussions.

Charles Hough, SIGFA Chairperson remarked, “While our meeting will be run independently of the IAIABC conference, we can benefit from the perspectives offered by the regulatory community. At the same time, our members can take advantage of IAIABC programming that may interest them.” Having access to administrators and self insurance directors speaks directly to SIGFA’s guiding principles to educate, internally and externally, and share critical information. Additionally, when topics of common interest are identified, SIGFA and the IAIABC look forward to sharing resources to address them.

SIGFA will first meet with the IAIABC at the 98th Annual Convention on October 1-4, 2012 in Newport, Rhode Island. A schedule of events and program details will be released in January 2012 and can be found at www.iaiabc.org/convention2012


$1 Million Ordered in Wages and Damages for Retailiation

English: I took this photo of an Airtran Airwa...Image via Wikipedia

US Department of Labor's OSHA orders AirTran Airways to reinstate
pilot, pay more than $1 million in back wages and damages
OSHA found airline violated whistleblower protection provision of AIR21


The U.S. Department of Labor's Occupational Safety and Health Administration has ordered AirTran Airways, a subsidiary of Dallas, Texas-based Southwest Airlines Co., to reinstate a former pilot who was fired after reporting numerous mechanical concerns. The agency also has ordered that the pilot be paid more than $1 million in back wages plus interest and compensatory damages. An investigation by OSHA's Whistleblower Protection Program found reasonable cause to believe that the termination was an act of retaliation in violation of the whistleblower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR21.

"Airline workers must be free to raise safety and security concerns, and companies that diminish those rights through intimidation or retaliation must be held accountable," said OSHA Assistant Secretary Dr. David Michaels. "Airline safety is of vital importance, not only to the workers, but to the millions of Americans who use our airways."

The pilot's complaint alleged that the airline removed him from flight status on Aug. 23, 2007, pending an investigative hearing regarding a sudden spike in the pilot's mechanical malfunction reports, or PIREPS. The airline held an internal investigative hearing on Sept. 6, 2007, that lasted 17 minutes. Seven days later, the airline terminated the pilot's employment, claiming that he did not satisfactorily answer a question regarding the spike in reports. OSHA found that the pilot did not refuse to answer any questions during the hearing, answers to questions were appropriate, and the action taken by the airline was retaliatory.

"Retaliating against a pilot for reporting mechanical malfunctions is not consistent with a company that values the safety of its workers and customers," added Michaels. "Whistleblower laws are designed to protect workers' rights to speak out when they have safety concerns, and the Labor Department will vigilantly protect and defend those fundamental rights."

Either party to the case can file an appeal with the Labor Department's Office of Administrative Law Judges, but such an appeal does not stay the preliminary reinstatement order.

AirTran Airways is a subsidiary of AirTran Holdings Inc. with headquarters in Orlando. On May 2, 2011, Southwest Airlines completed the acquisition of AirTran Holdings Inc. and now operates AirTran Airways as a wholly-owned subsidiary.

OSHA enforces the whistleblower provision of AIR21, as well as 20 other statutes protecting employees who report violations of various securities, trucking, workplace health and safety, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program.

Detailed information on employee whistleblower rights is available online at http://www.whistleblowers.gov.

Thursday, January 19, 2012

Federal Cell Phone Rules Compliance Guide Published

Distracted Driving remains a serious problem in the workplace and now the Federal government is taking enforcement actions to a new level. The Federal Motor Carrier Safety Administration (FMCSA) recently announced Rules that it is prohibiting the use of hand-held cell phones by interstate truck and bus drivers.

As the Rules take effect is is anticipated that many states will adapt these changes.  For those who use prohibited devices in the course of their employment and are involved in accidents may ultimately be denied workers' compensation benefits and employer liability will result. ZoomSafer has now published a compliance guide.

See:  FMCSA Cell Phone Rules: A Compliance Guide for Truck and Bus Fleets