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

Tuesday, October 2, 2012

NIOSH Adopts System Applying ILO Classification to Digital Chest Radiographs

The National Institute for Occupational Safety and Health (NIOH) has adopted a new system applying the ILO (International Labour Organization) classification system to digital radiographs. The classification system will permit the evaluation of dust related disease and pneumoconiosis. The new Regulations will become effective October 15, 2012.

The ILO system has been traditionally utilized to diagnose asbestos related disease.

More about the ILO

Sep 16, 2010
The UN International Labour Organization (ILO) has called for a worldwide ban on asbestos production citing that there is an asbestos related death every 5 minute and asbestos already claims 107,000 lives each year.
Aug 06, 2012
The UN International Labour Organization (ILO) has called for a worldwide ban on asbestos production citing that there is an asbestos related death every 5 minute and asbestos already claims 107000 lives each year.
Jan 05, 2011
Since 1970, NIOSH and other organizations have successfully applied traditional film screen chest radiography, interpreted using the ILO International Classification of Radiographs of Pneumoconiosis, toward these...

Related articles

OSHA cites manager of Nassau Veterans Memorial Coliseum on Long Island for asbestos and other hazards


SMG @ Nassau Coliseum faces $88,000 in proposed fines
The U.S. Department of Labor's Occupational Safety and Health Administration has cited SMG @ Nassau Coliseum LLC, doing business as SMG, with 16 alleged serious violations of workplace health and safety standards. The company, which manages the day-to-day operations of the Nassau Veterans Memorial Coliseum on Long Island, faces a total of $88,000 in proposed fines for asbestos, electrical, chemical and other hazards facing workers at the coliseum.

OSHA's Long Island Area Office opened an inspection in response to an employee complaint. Investigators found that maintenance workers and electricians were exposed to asbestos or materials potentially containing asbestos while working in various locations – including the coliseum's ice plant, catwalks and a loading dock – and that SMG did not take adequate steps to address the hazards. These conditions occurred in areas not accessible to the general public.

Specifically, SMG did not identify the presence, location and quantity of materials containing or potentially containing asbestos, use engineering controls and work practices to reduce exposure levels, ensure that all Class III asbestos work (such as repair and maintenance operations where materials presumed to contain asbestos are disturbed) was conducted in regulated areas, ensure proper respirator use, post warning signs and provide asbestos awareness training for workers.

"Inhalation of asbestos fibers can lead to lung disease and cancer. That's why it is imperative that this employer take effective action to identify and minimize asbestos hazards and ensure that workers are protected against exposure," said Anthony Ciuffo, OSHA's Long Island area director.

In addition, OSHA found inadequately lighted exit routes, inoperable emergency lighting, lights not guarded against damage, defective forklifts, unsecured liquefied petroleum gas containers, electrical circuits not locked out and unguarded open-sided floors. The company also failed to provide workers with bloodborne pathogen and chemical hazard communication training. Finally, the company failed to develop procedures and provide hardware to lock out power sources to prevent the unintended activation of machinery. 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.

"A key means of preventing hazards such as these is for employers to establish and maintain effective illness and injury prevention programs in which they work with their employees to proactively identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.

Asbestos is the name given to a group of naturally occurring minerals that are resistant to heat and corrosion. Asbestos has been used as insulation for pipes, floor tiles and building materials, and in vehicle brakes and clutches. Breathing asbestos fibers can cause a buildup of scar-like tissue in the lungs called asbestosis, which can result in a loss of lung function that often progresses to disability or death. Asbestos also causes lung cancer and other diseases such as mesothelioma of the pleura, which is a fatal malignant tumor of the membrane that lines the cavity of the lung or stomach. Detailed information on asbestos hazards and safeguards, including an asbestos self-inspection checklist, is available online at http://www.osha.gov/SLTC/asbestos/index.html.

SMG has 15 business days from receipt of its citations and proposed penalties to comply, meet 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 Long Island office in Westbury at 516-334-3344.

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.

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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 work related accident and injuries.

More about asbestos
Sep 14, 2012
"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health ...
Sep 15, 2012
Canada's Industry Minister announced yesterday that the country would finally concede to international pressure and label asbestos that it exports as a health hazard. Now Canada, and the United States, need to take the next ...
Sep 04, 2012
The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .
Jul 20, 2012
An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United ...


Monday, October 1, 2012

US Supreme Court Denies CMS-MSP Case - Hadden

2012 WL 1106757
Supreme Court of the United States

HADDEN, VERNON V. UNITED STATES.
No. 11-1197.Oct. 1, 2012.
Opinion
The petition for writ of certiorari is denied.
Parallel Citations
80 USLW 3573, 81 USLW 3029

From SCOTUS Blog

Issue: Whether the government is entitled to full reimbursement under the Medicare Secondary Payer Act, 42 U.S.C. § 1395y(b), when a beneficiary compromises a tort or other claim and recovers a reduced amount, as the court of appeals held here, or whether the government, like its beneficiary, is entitled to only a proportionate recovery, as the Eleventh Circuit has held.

Hadden v. United States

Petition for certiorari denied on October 1, 2012
Docket No.Op. BelowArgumentOpinionVoteAuthorTerm
11-11976th Cir.N/AN/AN/AN/AOT 2012

Friday, September 28, 2012

The President signs the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

THE PRESIDENT: Well, I want to thank everybody who is here because they all did outstanding work to help us get this legislation completed.

As you know, I think all Americans feel we have a moral, sacred duty towards our men and women in uniform. They protect our freedom, and it’s our obligation to do right by them. This bill takes another important step in fulfilling that commitment.

I want to thank the members of Congress who helped to make this happen. It is going to have immediate impact. It is going to improve access to health care, streamline services in the VA. It expands support for veterans who are homeless.

There are two parts to the bill, though, that I especially want to highlight. First of all, this bill ends a decade-long struggle for those who serve at Camp Lejeune. Some of the veterans and their families who were based in Camp Lejeune in the years when the water was contaminated will now have access to extended medical care. And, sadly, this act alone will not bring back those we’ve lost, including Jane Ensminger, but it will honor their memory by making a real difference for those who are still suffering.

The second part of this bill that I want to highlight -- prohibit protesting within 300 feet of military funerals during the two hours before and two hours after a service. I supported this step as a senator. I am very pleased to be signing this bill into law. The graves of our veterans are hallowed ground. And obviously we all defend our Constitution and the First Amendment and free speech, but we also believe that when men and women die in the service of their country and are laid to rest, it should be done with the utmost honor and respect.

So I’m glad that Congress passed this bill and I hope that we can continue to do some more good bipartisan work in protecting our veterans. I’ve been advocating, for example, for a veterans job corps that could help provide additional opportunities for the men and women who are coming home as we’re winding down our operations in Afghanistan and having ended the war in Iraq. And so this is a good sign of a bipartisan spirit that I’m sure is going to carry through all the way to Election Day and beyond.

With that, I’m going to sign the bill. Make sure I sign the right place, though.

(The bill is signed.)

There you go. Congratulations, everybody. Good work. Thank you very much.

More about Camp Lejuene
Jul 21, 2012
C.), Ranking Member of the Senate Committee on Veterans' Affairs, announced that the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012, H.R. 1627 a bill that improves services and care for ...
Feb 18, 2010
Newly reported information is now demonstrating that the water at Camp Lejeune NC military base may have been contaminated as a result of a toxic spill. Marines, sailors, their families and other civilian contractors may be ...
May 28, 2011
During June--December 2011, the Agency for Toxic Substances and Disease Registry will conduct a health survey of persons who resided or worked at Marine Corps Base Camp Lejeune in North Carolina before 1986 and ...
May 08, 2010
(5) contaminated drinking water at Camp LeJeune, North Carolina; and (6) pollutants from a waste incinerator near the Naval Air Facility (NAF) at Atsugi, Japan. It is imperative that regional office personnel are aware of these ...

Thursday, September 27, 2012

Transportation Injuries Continue to Dominate Workplace Fatalities


Workplace injuries involving transportation continue to be major contributing factors to fatalities in the United States. The US Bureau of Labor Statistics has reported preliminary data for 2011 reflecting that transportation incidents were involved in 41% of fatalities at work.

Click here to read more on this topic from the Bureau of Labor Statistics.

More about the fatalities and workplace

Tuesday, September 25, 2012

US Supreme Court Looks at Intoxication Proof Issues

The US Supreme Court has granted certiorari in a case that will have critical imposrtance to proof of intoxication defense in many workers' compensation claims. (Missouri v. McNeely) The issue is whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream.

Blood samples taken warrantlessly  are notoriously utilized by the defense to establish bood levels of alcohol in the defense of workers' compensation injuries.  Many workers' compensation statutes provide for defense of intoxication to work related accidents. Some states require intoxication to be the sole and proximate cause of the work related accident in order to defeat the claim.

US Supreme Court Docket
No. 11-1425
Title:
Missouri, Petitioner
v.
Tyler G. McNeely

Docketed: May 25, 2012
Lower Ct: Supreme Court of Missouri

Case Nos.: (SC 91850)
Decision Date: January 17, 2012
Rehearing Denied: March 6, 2012

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
May 22 2012 Petition for a writ of certiorari filed. (Response due June 25, 2012)
Jun 8 2012 Order extending time to file response to petition to and including July 25, 2012.
Jul 25 2012 Brief of respondent Tyler G. McNeely in opposition filed.
Aug 8 2012 DISTRIBUTED for Conference of September 24, 2012.
Aug 14 2012 Reply of petitioner Missouri filed. (Distributed)
Sep 25 2012 Petition GRANTED.





~~Name~~~~~~~~~~~~~~~~~~~~~   ~~~~~~~Address~~~~~~~~~~~~~~~~~~  ~~Phone~~~
Attorneys for Petitioner:
John N. Koester Jr.Cape Girardeau County, Missouri 100 Court Street(573)-243-2430
    Counsel of Record100 Court Street
Suite 204
Jackson, MO  63755
jnkoester@capecounty.us
Party name: Missouri
Attorneys for Respondent:
Steven R. ShapiroAmerican Civil Liberties Union Foundation(212) 549-2500
    Counsel of Record125 Broad Street
New York, NY  10004
sshapiro@aclu.org
Party name: Tyler G. McNeely


Sunday, September 23, 2012

Sleeping On The Job - New Strategies for Sleeping


Everyone agrees that sleep is import and the that the lack of it causes an increase in accidents on the job. The puzzling question is whether it is the quality of sleep that counts and not the quantity, and whether an individual requires a straight block of eigh hours or rather smaller "blocks" of sleep to accomplish the rest one needs to be alert on the job.

Today David K. Randall, a senior reporter at Reuters and author of "Dreamland: The Stange Science of Sleep," writes in the NY Times that employers who allow their employees to nap o the job maybe achieving healthy benefits through higher quality of sleep.

"No one argues that sleep is not essential. But freeing ourselves from needlessly rigid and quite possibly outdated ideas about what constitutes a good night’s sleep might help put many of us to rest, in a healthy and productive, if not eight-hour long, block."

Click here to read "Rethinking Sleep" (nytimes.com)

More about sleeping and job safety
Sep 19, 2012
Take care of your health by getting enough sleep and exercise. Sleep is your brain's downtime. Research shows that during sleep, your brain uses the opportunity to process thoughts and information that it receives during ...
Mar 02, 2012
During March 5–11, 2012, National Sleep Awareness Week will be observed in the United States. The National Sleep Foundation recommends that U.S. adults receive, on average, 7–9 hours of sleep per night (1); however, ...
Jul 18, 2012
The research design includes a computer-assisted personal interview using a questionnaire consisting of modules that probe endpoints such as noise annoyance, quality of life, sleep quality, stress, chronic illnesses and ...
Mar 09, 2010
If a sleep disorder can be identified and documented, that condition maybe determined to be a pre-exisiting medical condition. Apart from the third party liability that could be imposed upon an employer for identification and...