Click here to see the entire video recording of the program: "Toxic Disinformation" aired on PBS May 17, 2013.
California Public Entity Lead Paint Lawsuit Trial Starts (Bloomberg 7.15.13)
Sunday, July 14, 2013
Lead Paint - Industry Has Yet to Meet Its Responsibility
Click here to see the entire video recording of the program: "Toxic Disinformation" aired on PBS May 17, 2013.
California Public Entity Lead Paint Lawsuit Trial Starts (Bloomberg 7.15.13)
Friday, July 12, 2013
OSHA Targets Occupational Exposure to Isocyanates
The Occupational Safety and Health Administration today announced a new National Emphasis Program to protect workers from the serious health effects from occupational exposure to isocyanates. OSHA develops national emphasis programs to focus outreach efforts and inspections on specific hazards in an industry for a three-year period. Through this NEP, OSHA will focus on workplaces in general, construction and maritime industries that use isocyanate compounds in an effort to reduce occupational illnesses and deaths.
"Workers exposed to isocyanates can suffer debilitating health problems for months or even years after exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Through this program, OSHA will strengthen protections for workers exposed to isocyanates."
Isocyanates are chemicals that can cause occupational asthma, irritation of the skin, eyes, nose and throat, and cancer. Deaths have occurred due to both asthma and hypersensitivity pneumonitis from isocyanates exposure. Respiratory illnesses also can be caused by isocyanates exposure to the skin. Isocyanates are used in materials including paints, varnishes, auto body repair, and building insulation. Jobs that involve exposure to isocyanates include spray-on polyurethane manufacturing, products such as mattresses and car seats and protective coatings for truck beds, boats, and decks.
"Workers exposed to isocyanates can suffer debilitating health problems for months or even years after exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Through this program, OSHA will strengthen protections for workers exposed to isocyanates."
Isocyanates are chemicals that can cause occupational asthma, irritation of the skin, eyes, nose and throat, and cancer. Deaths have occurred due to both asthma and hypersensitivity pneumonitis from isocyanates exposure. Respiratory illnesses also can be caused by isocyanates exposure to the skin. Isocyanates are used in materials including paints, varnishes, auto body repair, and building insulation. Jobs that involve exposure to isocyanates include spray-on polyurethane manufacturing, products such as mattresses and car seats and protective coatings for truck beds, boats, and decks.
New App to Keep Workers Cool and Safe
OSHA has introduced a new application to protect workers from heat-related illness.
"The App allows workers and supervisors to calculate the heat index for their worksite, and, based on the heat index, displays a risk level to outdoor workers. Then, with a simple "click," you can get reminders about the protective measures that should be taken at that risk level to protect workers from heat-related illness-reminders about drinking enough fluids, scheduling rest breaks, planning for and knowing what to do in an emergency, adjusting work operations, gradually building up the workload for new workers, training on heat illness signs and symptoms, and monitoring each other for signs and symptoms of heat-related illness."
"The App allows workers and supervisors to calculate the heat index for their worksite, and, based on the heat index, displays a risk level to outdoor workers. Then, with a simple "click," you can get reminders about the protective measures that should be taken at that risk level to protect workers from heat-related illness-reminders about drinking enough fluids, scheduling rest breaks, planning for and knowing what to do in an emergency, adjusting work operations, gradually building up the workload for new workers, training on heat illness signs and symptoms, and monitoring each other for signs and symptoms of heat-related illness."
Thursday, July 11, 2013
Alleged Claim of Assault by Employer Results in a Dismissal
A car salesman, who alleged that his employer punched him in the ear, was denied workers' compensation benefits. The claimant, who presented a claim for total permanent disability, was unsuccessful, after the trial judge found the worker just not credible.
The judge, Ronald Allen, NJ Judge of Compensation, based his dismissal on the evidence, after the
employer testified that the accident never occurred the worker never filed a criminal complaint against the employer, and the the employee did not seek immediate medical treatment.
The employer's medical expert, Dr. Aragona, testified that the employee lacked complaints and the clinical neurological examination was normal.
Furthermore, the Judge found that the petitioner's expert did not take into consideration a serious prior medical condition.
The Appellate Court held that it would not disturb the trial decision as there was insufficient evidence the the trial Judge's credibility determinations were in error.
Schofel v. Route 22 Nissan, NJ App Div A-5924-11T4, Decided July 11, 2013.
The judge, Ronald Allen, NJ Judge of Compensation, based his dismissal on the evidence, after the
The employer's medical expert, Dr. Aragona, testified that the employee lacked complaints and the clinical neurological examination was normal.
Furthermore, the Judge found that the petitioner's expert did not take into consideration a serious prior medical condition.
The Appellate Court held that it would not disturb the trial decision as there was insufficient evidence the the trial Judge's credibility determinations were in error.
Schofel v. Route 22 Nissan, NJ App Div A-5924-11T4, Decided July 11, 2013.
Connecticut Employers Shut Down For Not Paying Workers' Compensation Insurance
Today's post comes from guest author Paul J. McAndrew, Jr. from Paul McAndrew Law Firm.
In these tough economic times, many companies aren’t paying basic requirements for their employees like Social Security, income taxes, unemployment, or workers’ comp. This has led states all over the country to start doing spot-checks on construction sites.Employers beware – protect your workers with workers’ compensation insurance – it’s the law, and states are cracking down. Just this week
Connecticut’s Labor’s Wage & Workplace Standards Division shut down two subcontractors who were helping to build a high-rise in Stamford, CT.
According to the state, the Virginia-based contractors couldn’t provide evidence that their employees had workers’ compensation coverage in the state of Connecticut. With unemployment high and the recession lingering, employers seem to be increasingly taking advantage of the fact that people are willing to work without appropriate coverage.
It is a real shame that these days so many people are going to work without the protections that they are due under the law.
Tuesday, July 9, 2013
Zadroga 9-11 Fund to Make Payments for Prostate Cancer
On May 2, 2013, the Administrator of the World Trade Center (WTC) Health Program received a petition (Petition 002) requesting the addition of prostate cancer to the List of WTC-Related Health Conditions (List) covered in the WTC Health Program. The Administrator has determined to publish a proposed rule adding malignant neoplasm of the prostate (prostate cancer) to the List in the WTC Health Program regulations.
Click here to read the Proposed Rule: A Proposed Rule by the Health and Human Services
Department on 07/02/2013
For more information about filing a claim click here. Click to submit a case inquiry.
Related information about Zadroga 9-11 Claims:
Click here to read the Proposed Rule: A Proposed Rule by the Health and Human Services
For more information about filing a claim click here. Click to submit a case inquiry.
Related information about Zadroga 9-11 Claims:
Feb 16, 2011
On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...
Jul 01, 2011
Signed into law in early January, the Zadroga Act provides sustained funding for the WTC Centers of Excellence and ensures that those facing 9/11-related health problems continue to receive monitoring and treatment ...
Jul 26, 2011
The National Institute for Occupational Safety and Health (NIOSH) published a report concluding that cancer is not a compensable disease for the Zadroga World Trade Center Victims Compensation Fund. The report ...
Feb 24, 2011
The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...
Sunday, July 7, 2013
Fashion Safety - Why Won't American Companies Get In Line?
While the European companies are now joining together, along with economic interests, to establish a program for safer Bangladeshi garment factories following the recent tragedies, major US retailers like Walmart, Target and the Gap are ignoring the effort.
"Labor and consumer groups have pressed Western retailers to join the plan, especially after the factory building collapse and after a fire last November killed 112 workers in a Bangladesh factory. The plan, which many labor unions and nongovernment organizations also have signed, is called the Accord on Fire and Building Safety in Bangladesh."
Click here to read: Clothiers Act To Inspect Bangladeshi Factories (NY Times)
Safety Inspector Sought
Bangladesh Safety Accord Seeks Chief Safety Inspector. The Accord on Fire and Building Safety in Bangladesh garment factories is seeking a chief Safety Inspector to recruit, train, deploy and manage an inspectorate in Bangladesh to protect the safety and health of four million garment workers. The Accord has been signed by more than 50 clothing companies and the Global Unions IndustriALL and UNI. The Safety Inspector will be paid US$200,000 and divide his/her time between Dhaka, Bangladesh and an office in Europe. All interested candidates can obtain the full job description from <bangladeshaccord@gamil.com> and the application period closes on July 30, 2013.
Text of job announcement:
Text of job announcement:
Accord on Fire and Building Safety in Bangladesh
Safety Inspector: Terms of Reference / Job Posting
Introduction
The Accord on Fire and Building Safety in Bangladesh (“Accord”) is an historic agreement between the Global Unions IndustriALL, and UNI, and numerous global Brands and Retailers, to improve safety standards in Bangladeshi textile and garment industries. The Accord is governed by a Steering Committee appointed by the signatories.
Terms of Reference
The Safety Inspector, reporting to the Steering Committee, will recruit, train, develop, deploy and supervise an inspectorate capable of evaluating fire and electrical safety, structural safety, and worker safety in Bangladeshi garment factories that supply the Brands. The successful candidate will divide his/her time between Dhaka, Bangladesh and an office to be established in Europe.
The Safety Inspector will coordinate a preliminary classification of factories based on existing and provided information, brief initial inspections where necessary, and take into consideration other recent audits performed by some of the Brands.
S/he will recommend to the Accord Steering Committee fire safety and building safety standards that will be applied by the Accord. Developing these recommendations is anticipated to be an ongoing process that may take a considerable amount of time. These must satisfy, but may go well beyond, existing Bangladeshi regulations and standards.
S/he will recommend to the Steering Committee a methodology for safety inspections and interventions, taking into consideration the successes and failures of previous similar initiatives. This methodology must be able to be set out as guidelines for the inspectorate to be trained on and to follow. Methodologies may be necessary for both quick screening inspections and more in-depth analyses.
The Safety Inspector and the inspectorate must as a group be capable of evaluating:
- structural hazards such as design and material deficiency, insufficient consideration of geological or environmental conditions, overloading, etc.
- fire hazards, including general housekeeping, storage of flammables, dust control, sources of ignition (cutting, welding, open flame, electrical installations, heating systems, boilers etc.), as well as inadequate emergency procedures and escape routes.
- workplace hazards resulting from unsafe materials (including dangerous chemicals), tools, electrical installations, equipment, poor ergonomic design, or a contaminated or overcrowded workplace environment.
- hazards resulting from work organization, such as lack of training, lack of effective workplace health and safety committees, lack of attention to workers' rights (such as the right to refuse unsafe work) and other management policies and practices that would put buildings and the people in them at risk.
The Safety Inspector and the inspectorate as a group will prioritize factories based on the degree of remediation required. Based on the inspection findings, s/he will recommend remedial action for building and fire safety, including worker and management training, fire detection, protection, and firefighting measures, as well as evacuation measures and the need for practice drills. These recommendations will be provided to factory owners, Brands contracting products from the factories and the Steering Committee.
The preceding points are not an exhaustive list. The Safety Inspector will work with the Steering Committee to establish a more complete job description.
Qualifications and Skills Desired
The ideal candidate will be able to apply extensive technical skills with leadership, diplomacy, and courage.
Qualifications
The ideal candidate will have knowledge of most of the safety disciplines described below, but it is understood that the successful person may not have expert-level knowledge in all these areas and should be free to consult other experts where required.
- Bachelor's degree or higher in a related discipline such as civil, structural, or fire engineering
- Thorough knowledge of the building and/or fire safety codes of a high-standard jurisdiction.
- Professional certification or licensing by a major national or international body
- Minimum 10 years of relevant experience
Skills
- The skills necessary to establish and lead a group and administer a budget approved by the Steering Committee are essential.
- Evidence of social and cultural sensitivity; some knowledge of human and labour rights, are important assets.
Compensation
This is a high-level position. Depending on qualifications and experience, the salary for this position will be in the range of $200,000 USD with a generous benefits package.
How to Apply
Closing date for applications: 30 July, 2013
Contact: Please send a letter of interest and a detailed curriculum vitae with references to:
Interim Secretariat
Accord on Fire and Building Safety in Bangladesh
c/o UNI Global Union
8-10 avenue Reverdil
CH-1260 Nyon
Switzerland
Email: bangladeshaccord@gmail.com
Safety Inspector: Terms of Reference / Job Posting
Introduction
The Accord on Fire and Building Safety in Bangladesh (“Accord”) is an historic agreement between the Global Unions IndustriALL, and UNI, and numerous global Brands and Retailers, to improve safety standards in Bangladeshi textile and garment industries. The Accord is governed by a Steering Committee appointed by the signatories.
Terms of Reference
The Safety Inspector, reporting to the Steering Committee, will recruit, train, develop, deploy and supervise an inspectorate capable of evaluating fire and electrical safety, structural safety, and worker safety in Bangladeshi garment factories that supply the Brands. The successful candidate will divide his/her time between Dhaka, Bangladesh and an office to be established in Europe.
The Safety Inspector will coordinate a preliminary classification of factories based on existing and provided information, brief initial inspections where necessary, and take into consideration other recent audits performed by some of the Brands.
S/he will recommend to the Accord Steering Committee fire safety and building safety standards that will be applied by the Accord. Developing these recommendations is anticipated to be an ongoing process that may take a considerable amount of time. These must satisfy, but may go well beyond, existing Bangladeshi regulations and standards.
S/he will recommend to the Steering Committee a methodology for safety inspections and interventions, taking into consideration the successes and failures of previous similar initiatives. This methodology must be able to be set out as guidelines for the inspectorate to be trained on and to follow. Methodologies may be necessary for both quick screening inspections and more in-depth analyses.
The Safety Inspector and the inspectorate must as a group be capable of evaluating:
- structural hazards such as design and material deficiency, insufficient consideration of geological or environmental conditions, overloading, etc.
- fire hazards, including general housekeeping, storage of flammables, dust control, sources of ignition (cutting, welding, open flame, electrical installations, heating systems, boilers etc.), as well as inadequate emergency procedures and escape routes.
- workplace hazards resulting from unsafe materials (including dangerous chemicals), tools, electrical installations, equipment, poor ergonomic design, or a contaminated or overcrowded workplace environment.
- hazards resulting from work organization, such as lack of training, lack of effective workplace health and safety committees, lack of attention to workers' rights (such as the right to refuse unsafe work) and other management policies and practices that would put buildings and the people in them at risk.
The Safety Inspector and the inspectorate as a group will prioritize factories based on the degree of remediation required. Based on the inspection findings, s/he will recommend remedial action for building and fire safety, including worker and management training, fire detection, protection, and firefighting measures, as well as evacuation measures and the need for practice drills. These recommendations will be provided to factory owners, Brands contracting products from the factories and the Steering Committee.
The preceding points are not an exhaustive list. The Safety Inspector will work with the Steering Committee to establish a more complete job description.
Qualifications and Skills Desired
The ideal candidate will be able to apply extensive technical skills with leadership, diplomacy, and courage.
Qualifications
The ideal candidate will have knowledge of most of the safety disciplines described below, but it is understood that the successful person may not have expert-level knowledge in all these areas and should be free to consult other experts where required.
- Bachelor's degree or higher in a related discipline such as civil, structural, or fire engineering
- Thorough knowledge of the building and/or fire safety codes of a high-standard jurisdiction.
- Professional certification or licensing by a major national or international body
- Minimum 10 years of relevant experience
Skills
- The skills necessary to establish and lead a group and administer a budget approved by the Steering Committee are essential.
- Evidence of social and cultural sensitivity; some knowledge of human and labour rights, are important assets.
Compensation
This is a high-level position. Depending on qualifications and experience, the salary for this position will be in the range of $200,000 USD with a generous benefits package.
How to Apply
Closing date for applications: 30 July, 2013
Contact: Please send a letter of interest and a detailed curriculum vitae with references to:
Interim Secretariat
Accord on Fire and Building Safety in Bangladesh
c/o UNI Global Union
8-10 avenue Reverdil
CH-1260 Nyon
Switzerland
Email: bangladeshaccord@gmail.com
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