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

Sunday, October 7, 2012

Multistate Outbreak of Salmonella Bredeney Infections Linked to Peanut Butter Manufactured By Sunland, Inc.

Recall
On October 4, 2012, Sunland Inc. expanded its ongoing recall Adobe PDF file [PDF - 10 pages]External Web Site Icon to include all products made in the Sunland nut butter production facility between March 1, 2010 and September 24, 2012.  The company reports that it is adding 139 products to the recall, bringing the total number of products being recalled by Sunland Inc. to 240.
The expanded recall covers all previously identified Peanut Butter, Almond Butter, Cashew Butter, and Tahini products as well as Roasted Blanched Peanut Products. New product categories being added to the list are several varieties of flavored butters and spreads, including Thai Ginger Butter, Chocolate Butter and Banana Butter.
On September 24, 2012, Sunland, Inc. announced a voluntary recall of its peanut butter and other products containing nuts and seeds, manufactured between May 1, 2012 and September 24, 2012, because these products may be contaminated with Salmonella.
The recalled products manufactured by Sunland, Inc. Adobe PDF file [PDF- 5 pages]External Web Site Icon were distributed nationally to numerous large supermarket chains. The recall applies to the products with Best-If-Used-By dates between May 1, 2013 and September 24, 2013. This date is stamped on the side of the jars’ labels below the lid.
On September 22, 2012, Trader Joe’s voluntarily recalled its Creamy Salted Valencia Peanut ButterExternal Web Site Iconbecause of potential contamination with Salmonella and urged consumers to not eat the product. In advance of this recall, Trader Joe’s removed the product from all store shelves.
The recalled Creamy Salted Valencia Peanut Butter was distributed to Trader Joe’s stores nationwide. The product comes in a 16-ounce plastic jar. All code dates are included in this recall, up to an including July 26, 2013 (26JUL13). The peanut butter is labeled Trader Joe’s Valencia Creamy Peanut Butter made with Sea Salt.
Customers who have purchased this item are urged to not eat the product, and to dispose of it or return it to any Trader Joe’s location for a full refund. 

Advice to Consumers, Retailers, and Others

  • Based on available information, CDC recommends that consumers do not eat recalled peanut butter and other products containing nuts and seeds and dispose of any remaining jars of these products in the home or return the jars to the place of purchase.
    • This is especially important for children under the age of 5 years, older adults, and people with weak immune systems.
  • Persons who think they might have become ill from eating possibly contaminated peanut butter or other products containing nuts and seeds should consult their health care providers.
    • Symptoms include:
Contaminated peanut butter and other products containing nuts and seeds may still be in consumers' homes or available for sale on the internet.
  • Consumers who recently purchased recalled peanut butter or other products containing nuts and seeds are advised not to eat them and dispose of any remaining jars of these products or return the jars to the place of purchase. 
  • Retailers and food service operators should not sell or serve recalled peanut butter and other products containing nuts and seeds.
  • Some of these products may still be available for sale from internet retailers.
What to do if you have Trader Joe’s Valencia Creamy Salted Peanut Butter in your home:
  • Dispose of the product immediately or return it to the place of purchase.
  • Even if some of the peanut butter or other products containing nuts and seeds have been eaten without anyone becoming ill, the rest of the jar should be disposed of or returned.
  • If consumers choose to discard recalled peanut butter or other products containing nuts and seeds, the product should be disposed of in a closed plastic bag and placed in a sealed trash can. This will prevent people or animals from eating it.
  • ....
    For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

    More on Food Safety


Romney, Regulation & Risk of Cancer

Cancer causing substances in the workplace have created an epidemic of occupational illness claims in the United States in the last few decades. The Chemical Lobby, and those who advocate of their behalf for less regulation, including presidential candidate Mitt Romney are now advocating for less regulation and the elimination of the semi-annual publication The Report on Carcinogens.

"....Every free economy has regulation. At the same time regulation can become excessive, it can become out of date. And what's happened with some of the legislation that's been passed under President Obama's term is you've seen some of the regulation become excessive and it has hurt the economy." Mitt Romney, 1st Presidential Debate 2012


This challenge to a safer workplace is discussed in an Op-Ed article in the NY Times Today:
"The chemical industry is working frantically to suppress that scientific consensus — because it fears “public confusion.” Big Chem apparently worries that you might be confused if you learned that formaldehyde caused cancer of the nose and throat, and perhaps leukemia as well." Nicholas D. Kristof, The New York Times

Click here to read "The Cancer Lobby" (NY Times) 10/7/12


More Bout "Carcinogens"
May 16, 2009
IARC To Review Human Carcinogens-metals, arsenic, dusts & fibers (asbestos). The International Agency for Research on Cancer (IARC) has met to reassessthe carcinogenicity of metals, arsenic, dusts, and fibres previously...
Sep 12, 2012
Cell phones continue to have an increased use in the workplace and may join the ranks of other workplace carcinogens shortly. The World Health Organization has identified cell phones as a potential cause of glioma, a brain ...
Jun 11, 2011
The U.S. Department of Health and Human Services announced today that eight substances have been added to its Report on Carcinogens, a science-based document that identifies chemicals and biological agents that may ...
Sep 30, 2011
"The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) intends to review its approach to classifying carcinogens and establishing recommended exposure...
....
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.

Saturday, October 6, 2012

Fear to File: Loser Pays Creates an Unjust Result in Florida

A Florida appeals court this week challenged the looser pays rule mandated by statute in workers' compensation cases. The Court declared:

"We are constrained to affirm the imposition of costs under section 440.34(3),
Florida Statutes. In our view, the result here, while correct under prevailing law,
raises important questions of public policy. We recognize that a statute providing
for the imposition of costs is not designed to penalize, but to make the prevailing
party whole. However, where the statute provides that an injured employee who
seeks workers’ compensation benefits in good faith, but does not prevail and must
then pay the employer’s costs, it is not unreasonable to argue, as Claimant does,
that the statute imposes a chilling effect on future employees with meritorious
claims. This is especially significant where a prevailing party’s opportunity to
recoup its attorney’s fees is limited by statute. Such employees may thereby
forego seeking benefits based on meritorious claims in order to avoid subjecting
themselves to an award of costs. "


Traditionally, the workers' compensation system provided a summary and remedial adjudication process for the claims of injured workers. While "Times Have Changed," and greater restrictions have been placed on the process to reduce employee's access to benefits, the imposition of a "looser pays" rule, defies both good conscience and equity, upon which the workers' compensation act was crafted. Under the looser pays rule everyone looses.


Friday, October 5, 2012

EPA Finalizes Cleanup Plan for Scientific Chemical Processing Superfund Site in Carlstadt New Jersey

The U.S. Environmental Protection Agency has finalized its plan to clean up contaminated ground water at the Scientific Chemical Processing Superfund site in Carlstadt, New Jersey. Past industrial activities contaminated shallow and deep levels of the ground water with volatile organic compounds, which can have serious health effects. The cleanup plan calls for the ground water to be treated to break down the contaminants to protect people’s health and the environment. The EPA held a public meeting on August 19, 2012 to explain its plan and considered public input before finalizing it.

Some volatile organic compounds can cause cancer. The extent and nature of potential health effects depend on many factors, including the level and length of exposure to the pollution.

From the 1940s to 1980, what is now referred to as the Scientific Chemical Processing site was used to process solvents for further use or disposal. In 1970, the Scientific Chemical Processing Company leased the site and used the property for processing industrial waste from 1971 until the company was shut down.

The Scientific Chemical Processing site was listed on the EPA’s Superfund list of the nation’s most hazardous waste sites in 1983. Between 1983 and 1985, the New Jersey Department of Environmental Protection required the company to remove approximately 250,000 gallons of waste stored in tanks that had been abandoned at the site. The EPA took the lead in overseeing the cleanup in 1985.

Because of the nature and complexity of the contamination at the site, the cleanup has been conducted in three phases. The first phase began in 1990, when the EPA implemented a plan to contain contaminated shallow ground water and soil on the former Scientific Chemical Processing property while a longer term plan could be developed. An underground wall was constructed to prevent the contaminated ground water from moving off the property. A cap was installed to prevent exposure to contaminated soil on the property and to keep rain and flood water from seeping into the ground water. In addition, a system was built to collect the shallow ground water so it could be shipped off-site for treatment and disposal.

In August 2002, based on the results of monitoring conducted after the first phase of work, the EPA began implementing a long-term plan for the shallow ground water and soil on the property. Under this plan, the EPA removed an area of highly contaminated soil and upgraded the ground water extraction system. Ground water is still being shipped off-site for treatment and disposal. This work was completed in October 2011.

During the third and final phase under the plan that has just been finalized, substances designed to break down the contaminants to less toxic forms will be injected into the deeper ground water in affected areas both on and off the former Scientific Chemical Processing Company property. Samples of the ground water will be collected and analyzed regularly to ensure the technology is effective and remains protective of human health and the environment. Monitoring will continue until ground water cleanup levels have been met.

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The cleanup of the Scientific Chemical Processing site is being conducted and paid for by a group of over 100 companies with oversight by the EPA.

For more information on the Scientific Chemical Processing Superfund site, go to:http://www.epa.gov/region02/superfund/npl/scientificchemical/


....

NJ Senate Votes Approval to Stop Balance Billing for Workers Compensation Claims

The NJ Senate has joined the NJ Assembly in approving legislation to ban balance billing for workers' compensation claims and grants the the NJ Division of Workers' Compensation exclusive jurisdiction over medical bill disputes. The legislation was stripped on any requirement of mandatory arbitration of the disputes and does not yet implement a medical fee schedule.



A2652 
Bans charging workers' compensation claimants for medical expenses, gives Division of Workers' Compensation sole jurisdiction over work-related medical claims. 
Passed both Houses 
  
Identical Bill Number: S1926 S2022 (SCS) 

Eustace, Timothy J. as Primary Sponsor
Singleton, Troy as Primary Sponsor
Egan, Joseph V. as Primary Sponsor
Benson, Daniel R. as Primary Sponsor
Coughlin, Craig J. as Primary Sponsor
Lampitt, Pamela R. as Co-Sponsor
Greenstein, Linda R. as Co-Sponsor
Madden, Fred H., Jr. as Co-Sponsor

5/10/2012 Introduced, Referred to Assembly Labor Committee
5/14/2012 Reported out of Assembly Comm. with Amendments, 2nd Reading
5/24/2012 Passed by the Assembly (77-0-0)
5/31/2012 Received in the Senate, Referred to Senate Labor Committee
9/20/2012 Reported from Senate Committee, 2nd Reading
10/4/2012 Substituted for S1926/2022 (SCS)
10/4/2012 Passed Senate (Passed Both Houses) (38-0)

Introduced - 4 pages PDF Format HTML Format 
Statement - ALA 5/14/12 - 1 pages PDF Format HTML Format 
Statement - SLA 9/20/12 1R - 1 pages PDF Format HTML Format 
Committee Voting:
ALA 5/14/2012 - r/Aca - Yes {9} No {0} Not Voting {0} Abstains {0} - Roll Call
SLA 9/20/2012 - r/favorably - Yes {5} No {0} Not Voting {0} Abstains {0} - Roll Call

Session Voting:
Asm. 5/24/2012 - 3RDG FINAL PASSAGE - Yes {77} No {0} Not Voting {3} Abstains {0} - Roll Call


Energy Saving Buildings May Make Workers Ill

A recent study reports that energy savings buildings that restrict outside air ventilation  may increase the amount of indoor carbon dioxide, resulting in mental impairments for workers.

"Associations of higher indoor carbon dioxide (CO2) concentrations with impaired work performance, increased health symptoms, and poorer perceived air quality have been attributed to correlation of indoor CO2 with concentrations of other indoor air pollutants also influenced by rates of outdoor-air ventilation.....Direct adverse effects of CO2 on human performance may be economically important and may limit energy-saving reductions in outdoor air ventilation per person in buildings."

....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 sick buildings


Oct 03, 2012
“Air pollution can make people sick, especially particle pollution that can penetrate deep into the lungs and pose serious health risks, including increasing the risk of cancer and aggravating the symptoms of asthma and other respiratory problems. ... EPA to Demolish Contaminated Building at Toxic Superfund Site in Garfield, N.J · Today Marks the 34th Anniversary of the Love Canal Tragedy · OSHA Cites Employers for Exposing Workers to Asbestos - $148,000 ...
Aug 02, 2012
Duane “Butch” O'Malley, 59, of Bourbonnais, Ill., who was convicted by a federal jury on September 26, 2011, for the illegal removal, handling and disposal of asbestos from a Kankakee building in August 2009, was ... http://workers-compensation.blogspot.com/ · Unlawful Asbestos Removal Results in Criminal ... This Is Just Plain Sick: US Consumption of Asbesto... Exposure to Cadmium and Lead Linked to Hearing Los... What Workers Should Do In Case of a ...
Aug 18, 2012
... overexposed to formaldehyde, ensure that process safety information is accurate and in place, provide a hazard analysis of the facility in the event of a chemical release and its impact, provide refresher training to chemical operators on the epichlorohydrin process, inspect and test epichlorohydrin piping within the process building, and identify deficiencies in process safety management compliance audits. .... This Is Just Plain Sick: US Consumption of Asbesto.
Jul 09, 2012
If you are wearing a fragrance, you will need to remain at the front of the building when visiting. Thank you for your help! Tuttle. .... Not Taxable: Reimbursed Governmental Sick Leave Be... Surveillance Video Barred as Belated ...

October Is National Disability Awareness Month


Presidential Proclamation -- National Disability Employment Awareness Month, 2012

NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH, 2012
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
In the 22 years since the signing of the Americans with Disabilities Act, we have made significant progress in giving all Americans the freedom to make of our lives what we will. Yet, in times of prosperity as well as challenge, people with disabilities have had fewer opportunities in our workplaces than those without. As we work to revitalize our economy, it is essential that each of us can bring our talents, expertise, and passion to bear in the marketplace. But a stronger economy is not enough; we must ensure not only full participation, but also full opportunity. During National Disability Employment Awareness Month, we recognize the indispensable contributions people with disabilities make in our economy and recommit to building a country where each of us can realize the full extent of our dreams.
Because America's workforce should reflect the diversity of its people -- including people with disabilities -- my Administration remains committed to helping our businesses, schools, and communities support our entire workforce. To meet this challenge, the Federal Government must be a model employer. That is why I was proud to sign an Executive Order in 2010 that called on Federal agencies to increase recruitment, hiring, and retention of people with disabilities. In 2012, the Office of Personnel Management reported on our progress, revealing that we are moving toward meeting our goal of hiring an additional 100,000 people with disabilities into the Federal workforce over 5 years. Today, more people with disabilities work for the Federal Government than at any time in the past 20 years, and we are striving to make it easier to get and keep those jobs by improving compliance with Section 508 of the Rehabilitation Act.
All Americans are entitled to an accessible workplace, a level playing field, and the same privileges, pursuits, and opportunities as any of their family, friends, and neighbors. This month, let us rededicate ourselves to bringing down barriers and raising up aspirations for all our people, regardless of disability, so we may share in a brighter future together.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2012 as National Disability Employment Awareness Month. I urge all Americans to embrace the talents
and skills that individuals with disabilities bring to our workplaces and communities and to promote the right to equal employment opportunity for all people.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.
BARACK OBAMA