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

Thursday, June 21, 2012

US EPA Reaches Agreement With 70 Companies to Clean Up Passaic River NJ Pollution

Passaic River Falls
(c) Jon L. Gelman, All rights reserved
Seventy Companies Reach Agreement with EPA to Remove Highly Contaminated Mud from Lyndhurst Section of the Passaic River; Cleanup work estimated to cost $20 million

The U.S. Environmental Protection Agency announced today that it has reached agreement with 70 companies considered potentially responsible for contamination of the lower Passaic River to remove approximately 16,000 cubic yards of highly contaminated sediment from a half-mile long area of the Passaic River in Lyndhurst, New Jersey at their expense. High levels of contaminants, including PCBs, mercury and dioxin, are present in the sediment and can cause health effects. The work is scheduled to begin in spring 2013.

The agreement calls for the parties to remove contaminated sediment from a mud flat area near the north section of Riverside County Park, install a protective cap over the approximately five-acre excavated area and conduct lab tests of sediment treatment technologies. Based on the results, testing of treatment technologies at a larger scale may also be performed. The cap will monitored and maintained to ensure that it remains protective until a final cleanup plan for the lower 17 miles of the Passaic River is selected by the EPA. The excavated material will be disposed of in a licensed, permitted EPA-approved disposal facility if the sediment treatment technologies do not prove effective during testing.

“This agreement triggers actions that will reduce exposure of people and wildlife to the highly toxic contaminants in the Passaic River sediment and keep it from spreading to other parts of the river,” said EPA Regional Administrator Judith A. Enck. “Under the Superfund agreement, the companies responsible for the contamination will conduct and pay for the work with EPA oversight, rather than passing the costs on to taxpayers.”

Dioxin can cause cancer and other serious health effects. PCBs are likely cancer-causing substances and mercury can cause serious damage to the nervous system. The highly contaminated sediment was discovered in Lyndhurst during sampling performed by the EPA and the parties in late 2011.

Superfund is the federal cleanup program established in 1980 to investigate and clean up the country’s most hazardous waste sites. The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. When sites are placed on the Superfund list, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups.

Under the agreement announced today, the companies will conduct and pay for the cleanup work and EPA’s costs in overseeing it. The cost of the work to be performed is estimated at $20 million, in addition to the costs of EPA oversight.

The EPA will work closely with the New Jersey Department of Environmental Protection, local officials, river and park users, the Passaic River Community Advisory Group, community organizations and Lyndhurst residents throughout the planning and cleanup process. The agency will provide information on the plans, coordinate the cleanup and minimize possible disruptions to river and park use to the extent possible.

The agreement includes a statement of work that identifies planning and reporting requirements associated with the cleanup. The agreement and additional information on the lower Passaic River restoration project are available athttp://www.epa.gov/region02/superfund/npl/diamondalkali/ or http://www.ourpassaic.org.

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.12-079

Attachment - List of Parties that Signed the Settlement1. Arkema Inc.
2. Ashland Inc.
3. Atlantic Richfield Company
4. BASF Corporation, on its own behalf and on behalf of BASF Catalysts LLC
5. Belleville Industrial Center
6. Benjamin Moore & Co.
7. CBS Corporation, a Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation
8. Chevron Environmental Management Company, for itself and on behalf of Texaco, Inc. and TRMI-H LLC
9. CNA Holdings LLC
10. Coats & Clark, Inc.
11. Coltec Industries
12. Conopco, Inc. d/b/a Unilever (as successor to CPC/Bestfoods, former parent of the Penick Corporation (facility located at 540 New York Avenue, Lyndhurst, NJ))
13. Cooper Industries, LLC
14. Covanta Essex Company
15. Croda Inc.
16. DII Industries, LLC
17. DiLorenzo Properties Company on behalf of itself and the Goldman /Goldman/DiLorenzo Properties Partnerships
18. E. I. du Pont de Nemours and Company
19. Eden Wood Corporation
20. Elan Chemical Company
21. EPEC Polymers, Inc. on behalf of itself and EPEC Oil Company Liquidating Trust
22. Essex Chemical Corporation
23. Exelis Inc. for itself and for ITT Corporation
24. Flexon Industries Corp.
25. Franklin-Burlington Plastics, Inc.
26. Garfield Molding Co., Inc.
27. General Electric Company
28. Givaudan Fragrances Corporation (Fragrances North America)
29. Goodrich Corporation on behalf of itself and Kalama Specialty Chemicals, Inc.
30. Hess Corporation, on its own behalf and on behalf of Atlantic Richfield Company
31. Hexcel Corporation
32. Hoffmann-La Roche Inc. on its own behalf, and on behalf of its affiliate Roche Diagnostics
33. Honeywell International Inc.
34. ISP Chemicals LLC
35. Kao USA Inc.
36. Leemilt’s Petroleum, Inc. (successor to Power Test of New Jersey, Inc.), on its behalf and on behalf of Power Test Realty Company Limited Partnership and Getty Properties Corp., the General Partner of Power Test Realty Company Limited Partnership
37. Legacy Vulcan Corp.
38. Linde LLC on behalf of The BOC Group, Inc.
39. Lucent Technologies Inc. now known as Alcatel-Lucent USA, Inc.
40. Mallinckrodt Inc.
41. National-Standard LLC
42. Newell Rubbermaid Inc., on behalf of itself and its wholly-owned subsidiaries Goody Products, Inc. and Berol Corporation (as successor by merger to Faber-Castell Corporation)
43. News Publishing Australia Ltd. (successor to Chris-Craft Industries)
44. Novelis Corporation (f/k/a Alcan Aluminum Corporation)
45. Otis Elevator Company
46. Pfizer, Inc.
47. Pharmacia Corporation (f/k/a Monsanto Company)
48. PPG Industries, Inc.
49. Public Service Electric and Gas Company
50. Purdue Pharma Technologies, Inc.
51. Quality Carriers, Inc. as successor to Chemical Leaman Tank Lines, Inc. and Quality Carriers, Inc.’s corporate affiliates and parents
52. Reichhold, Inc.
53. Revere Smelting and Refining Corporation
54. Safety-Kleen Envirosystems Company by McKesson, and McKesson Corporation for itself
55. Sequa Corporation
56. Seton Tanning
57. STWB Inc.
58. Sun Chemical Corporation
59. Tate & Lyle Ingredients Americas LLC (f/k/a A.E. Staley Manufacturing Company, including its former division Staley Chemical Company)
60. Teva Pharmaceuticals USA, Inc. (f/k/a Biocraft Laboratories, Inc.)
61. Teval Corporation
62. Textron Inc.
63. The Hartz Consumer Group, Inc., on behalf of The Hartz Mountain Corporation
64. The Newark Group
65. The Sherwin-Williams Company
66. Stanley Black & Decker, Inc.
67. Three County Volkswagen
68. Tiffany and Company
69. Vertellus Specialties Inc. f/k/a Reilly Industries, Inc.
70. Wyeth, on behalf of Shulton, Inc.

Preparing For US Supreme Court Health Care Decision Day

English: The United States Supreme Court, the ...
English: The United States Supreme Court, the highest court in the United States, in 2010. Top row (left to right): Associate Justice Sonia Sotomayor, Associate Justice Stephen G. Breyer, Associate Justice Samuel A. Alito, and Associate Justice Elena Kagan. Bottom row (left to right): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony Kennedy, and Associate Justice Ruth Bader Ginsburg. (Photo credit: Wikipedia)
“At the Supreme Court, those who know don't talk,” she said. “And those who talk don't know.”
Justice Ruth Bader Ginsburg


NCCI Takes Aim At Obesity

What scientists call "Overweight" ch...

In a report issued by NCCI Holdings Inc., a company that generates workers' compensation insurance rates in many jurisdictions, the increased cost factors for obesity were reported. 

"The statistical analysis shows that claimants with a comorbidity indicator pointing to obesity have an indemnity benefit duration that is more than five times the value of claimants who do not have this comorbidity indicator but are otherwise comparable. Inclusive of Permanent Partial indemnity payments, this multiple climbs to more than six."


As the nation continues to grow at the waist, and obesity complicates and contributes to systemic medical conditions,  workers' compensation medical costs will continue to skyrocket. Courts continue to struggle with the integration and synergetic of obesity on occupational health conditions.  As an major element of the national's health crisis, obesity may in fact be the tipping factor for a national universal medical program.

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CMS and Future Medicals: New Rules Proposed

The Centers for Medicare and Medicaid Services (CMS) is proposing several options to efficiently and effectively handle issues concerning the payment of future medicals.


"This advance notice of proposed rulemaking solicits comment on standardized options that we are considering making available to beneficiaries and their representatives to clarify how they can meet their obligations to protect Medicare's interest with respect to Medicare Secondary Payer (MSP) claims involving automobile and liability insurance (including self-insurance), no-fault insurance, and workers' compensation when future medical care is claimed or the settlement, judgment, award, or other payment releases (or has the effect of releasing) claims for future medical care."
***
"We are issuing this advance notice of proposed rulemaking (ANPRM) to solicit public comments on standardized options that beneficiaries and their attorneys or other representatives will be able to use to resolve MSP obligations related to settlements, judgments, awards, or other payments (hereinafter, for ease of reference in this document and unless otherwise indicated, “settlement(s)”) involving future medical care while protecting Medicare's interest."


Click here to read the Federal Register Notice.

NIOSH Warns of Flavoring-Related Lung Disease

The National Institute of Occupational Safety and Health (NIOSH) is now providing information to healthcare providers to assist them to identify and treat flavoring-related lung disease. Workers who breathe flavoring chemicals containing diacetyl, such as butter flavoring, may be at risk of severe obstructive lung disease.



Who is at risk? 


Workers who make, use, or work near flavoring chemicals containing diacetyl or 2,3-pentanedione may be at risk. Settings where these exposures may occur include:
  • Flavoring plants 
  • Microwave popcorn plant
  •   Commercial and retail bakeries
  •   Snack food and candy plants
  •   Dairy products and packaged vegetable oil plants (e.g., margarine, cooking oil)
  •   Other flavored food production plants.Exposures in the flavoring industry and in microwave popcorn production have caused workers to have severe lung disease. The burden of hazardous exposures and risk to workers in other settings remains unclear. However, it is important to consider the possibility of flavoring-related lung disease in workers who have been exposed to diacetyl or similar flavoring chemicals and have respiratory symptoms

About Symptoms


Symptoms are not present in all cases. When present, symptoms can range in severity. The main respiratory symptoms experienced by workers include:
  • Cough (usually without phlegm)
  • Shortness of breath on exertion
  • Wheezing
Other symptoms experienced by some workers include: 
  • Fever, night sweats, or weight loss
  • Frequent or persistent eye, nose, throat, or skin irritation
In cases of flavoring-related lung disease, respiratory symptoms do not typically improve when the worker goes home at the end of the workday, on weekends, or on vacations. The symptoms often have a gradual onset but can occur suddenly. Work-related exposure to butter flavoring chemicals  might also lead to asthma or exacerbate pre-existing asthma.

Related Topics

Aug 18, 2011
For public review and comment, the draft document summarizes current scientific knowledge about the occupational safety and health implications of the food flavorings diacetyl and 2,3-pentanedione, and recommends ...

Dec 22, 2010
Diacetyl is a substance widely used in food and beverage flavorings. Diacetyl is used in a wide variety of food flavorings, although flavor manufacturers have begun to reduce or eliminate the amount of diacetyl in some kinds ...

California Becomes First State to Set Safety Guidelines for Flavoring
Dec 04, 2010
Cal/OSHA continues to be a national leader in worker safety by implementing a new standard today to protect employees who work with diacetyl, a chemical commonly used to give food flavorings a buttery taste. Cal/OSHA, a...

Legislation to Protect Food Flavoring ...
Sep 27, 2000The legislation would force the U.S. Occupational Safety and Health Administration to issue rules limiting workers' exposure to diacetyl, a chemical used in artificial food flavoring for microwave popcorn and other foods.

Candy Makers Found to Have Popcorn Lung - Flavoring Illness
Apr 07, 2009
It has been reported by, Andrew Schneider, investigative reporter, that severe cases of "popcorn lung" caused by exposure to diacetyl butter are now being reported in candy makers as well. Five cases of severe lung disease ...
Sep 06, 2010
A jury in the Chicago area awarded a local factory worker $30.4 Million for a pulmonary illness resulting from exposure to popcorn flavoring, diacetyl. The verdict is considered to be largest ever in the US for an individual claim ...

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Trucking Companies Under OSHA Scrutiny


Alabama trucking company cited by US Department of Labor's OSHA for serious safety violations and other hazards; $56,700 proposed in penalties

Transportation injuries at work lead the list of industrial accidents and OSHA is now enforcing safety procedures to hopefully reduce trucking injuries. Historically the trucking and transportation industry has take a "hard line" position in defending workers' compensation claims of truckers. Truckers suffer many work-related claims because of the requirements to lift and carry objects in awkward positions.

The U.S. Department of Labor's Occupational Safety and Health Administration has cited trucking company Alabama Motor Express Inc. in Ashford for 17 safety violations. OSHA opened an inspection in March under the agency's Site-Specific Targeting Program, which directs enforcement resources to workplaces with higher-than-average rates of injuries and illnesses. Proposed penalties total $56,700.

Thirteen serious violations include failing to perform a personal protective equipment hazard assessment; provide an eyewash station for workers exposed to corrosive chemicals; provide fire extinguisher training; provide training for forklift operators; provide guarding on a bench grinder and around an open pit; reduce the pressure on an air hose to less than 30 pounds per square inch for cleaning; store oxygen and acetylene cylinders at least 20 feet apart; and provide a hazard communication program. Additional violations include the improper use of electrical equipment, a missing inner electrical panel and failing to provide weatherproof enclosures for outlets in damp and wet locations. 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. The citations carry $55,800 in penalties.

Four other-than-serious violations involve failing to maintain the OSHA 300 log properly for reporting injuries and illnesses, establish a respiratory protection program, and protect electrical conductors from abrasion and close unused openings in the electrical panel. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. The citations carry $900 in penalties.

"Employers cannot wait for an OSHA inspection to identify the hazards that expose workers to serious injury," said Joseph Roesler, OSHA's area director in Mobile. "It is good business to implement preventive programs to ensure that such hazards are identified and corrected as part of the company's day-to-day operations."

Alabama Motor Express, a trucking company, provides logistics, maintenance and fleet services. The company has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Mobile Area Office at 251-441-6131.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Wednesday, June 20, 2012

Federal Pre-emption Of Pain Drugs

Senator Joe Manchin III
As state workers' compensation reformers continue to be sidetracked with alleged prescription drug pain-killer abuse, the US Congress has entered the fray with proposed Federal legislation. It has been reported today by Robert Pear in the NY Times today, that, "Senator Joe Manchin III, a West Virginia Democrat who led the push for new controls, said it appeared that his proposal was falling victim to the financial interests of drugstores and related businesses."

It is anticipated that following the US Supreme Court decision on the pending health care legislation, prescription drugs will again gain Federal legislative attention. The issue of dispensing, costs and abuse, and legalization of medical marijuana,  will receive attention and may pre-empt state activities.