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

Friday, December 16, 2016

FATAL OCCUPATIONAL INJURIES INCREASED in 2015

A total of 4,836 fatal work injuries were recorded in the United States in 2015, a slight increase from the 4,821 fatal injuries reported in 2014, the U.S. Bureau of Labor Statistics reported today.

This release marks the first time that the Census of Fatal Occupational Injuries (CFOI) has published a single, annual release with no revisions and will be the only release for 2015 CFOI data. A similar schedule will be followed in future years. 

Preliminary releases, which appeared in August or September in past years, will no longer be produced. 

Key findings of the 2015 Census of Fatal Occupational Injuries: 
- Annual total of 4,836 fatal workplace injuries in 2015 was the highest since 5,214 fatal injuries in 2008. 
- The overall rate of fatal work injury for workers in 2015, at 3.38 per 100,000 full-time equivalent (FTE) workers, was lower than the 2014 rate of 3.43. 
- Hispanic or Latino workers incurred 903 fatal injuries in 2015—the most since 937 fatalities in 2007. 
- Workers age 65 years and older incurred 650 fatal injuries, the second-largest number for the group since the national census began in 1992, but decreased from the 2014 figure of 684. 
- Roadway incident fatalities were up 9 percent from 2014 totals, accounting for over one-quarter of the fatal occupational injuries in 2015. 
- Workplace suicides decreased 18 percent in 2015; homicides were up 2 percent from 2014 totals. - Heavy and tractor-trailer truck drivers recorded 745 fatal injuries, the most of any occupation. 
- The 937 fatal work injuries in the private construction industry in 2015 represented the highest total since 975 cases in 2008. 
- Fatal injuries in the private oil and gas extraction industries were 38 percent lower in 2015 than 2014. 
- Seventeen percent of decedents were contracted by and performing work for another business or government entity in 2015 rather than for their direct employer at the time of the incident.

Breast cancer all-clear for night work was based on ‘bad science’

The following article is authored by Rory O'Neill Editor, Hazards magazine hazards.org

An Oxford University study that concluded the classification of night work as a cause of breast cancer in women is no longer justified was based on ‘bad science’, top researchers have warned.

The large scale ‘meta-analysis’, published online on 6 October 2016 in the Journal of the National Cancer Institute (JNCI), concluded “night shift work, including long-term night shift work, has little or no effect on breast cancer incidence.” It added the International Agency for Research on Cancer’s (IARC) ranking of night work as a ‘probable’ cause of breast cancer in women “is no longer justified.”

But three of the most respected epidemiologists on night work and breast cancer have now said they “fully disagree” with this conclusion, noting a succession of methodological flaws in the research “invalidate” its conclusions.

Harvard Medical School epidemiologist Eva Schernhammer told Hazards magazine that given the Oxford study’s “bad science”, it was “not surprising” it found no effect. In a detailed criticism of the paper, published online on 15 December, she said the JNCI paper’s many shortcomings “preclude it from making the conclusion that there is no association between night work and breast cancer risk.”

Johnni Hansen, a researcher with the Danish Cancer Society, was equally unimpressed. “They base their conclusion on a poor study, but even worse is that their conclusion may hinder preventive initiatives for night workers,” he said.

Richard Stevens, of the University of Connecticut medical school, who has written influential papers on the topic with both Schernhammer and Hansen, was blunt. “Why was the paper written in the first place?” he asked.

The main cohorts in the Oxford study, which was financed by the Medical Research Council, the Health and Safety Executive (HSE) and Cancer Research UK (CRUK), were “worryingly old”, with many over retirement age, and the follow up was “unusually short”, Hansen said.

The risk of women developing breast cancer appears to wane in the years after night working ends, so studying retired workers without recent exposures misses the point and the cancers, said Schernhammer. She said the higher risk is seen in women with long exposures – at least 15 years – early in their careers. Hansen added the authors behind the JNCI study should have recognised the possibility of ‘truncation bias’ in their analysis.

Night work was sometimes defined so loosely in the study participants, a single night shift might have seen a worker added to the ‘exposed’ group despite facing minimal exposure and risk. The JNCI paper also discounted case-control studies and those exploring the mechanism behind a possible association.

According to Stevens, the JNCI meta-analysis “excluded case-control studies, of which there are many, for no good reason.”

He added that studies considering the biological mechanisms give a valuable insight into why and where you might look for an association. Understanding the process, something integral to his own research, was important, he indicated.

Stevens, Schernhammer and Hansen, together with Scott Davis, a professor of epidemiology in the University of Washington’s School of Public Health, are the stand-out epidemiologists on night work and breast cancer.

Not one of them was asked to review the paper. “We are the four epidemiologists who have been working for by far the longest on the epidemiology of night work and breast cancer,” said Stevens, who is dismayed the Oxford study, led by molecular epidemiologist Ruth Travis, found its way in to a high visibility journal like JNCI. “Any of the four of us would have quickly noticed the severe flaws of the Travis paper and pointed them out to the editors of JNCI.”

He said it was “absurd” that the night work association with breast cancer was being dismissed on the back of a “troubling” paper by “a distinguished group of experienced researchers who should have known better.”

The JNCI study’s lead author, Ruth Travis, declined an invitation from Hazards to address the detailed criticisms of the study.

Related:
Feb 24, 2016 ... Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related .
workers-compensation.blogspot.com
Mar 18, 2011 ... Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related ...
workers-compensation.blogspot.com
Jan 12, 2011 ... The injured worker was employed for the City of Las Vegas in 1992 and was diagnosed with breast cancer in 1997. She underwent treatment ...
workers-compensation.blogspot.com
May 29, 2010 ... "Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational ...
workers-compensation.blogspot.com

Thursday, December 8, 2016

Asbestos and Mold in Schools: Paterson NJ Safety Officer Claims Mishandling

The presence of asbestos and mold in schools and the potential exposure of students and employees has been a major health concern for decades. A Paterson NJ health and safety office now claims that the Paterson NJ school system improperly mishandled the removal of these hazards in violation of Federal regulations.

Monday, December 5, 2016

Social Security Disability Trending Downward


click on graph to see underlying data

Both Social Security Disability Applications and Social Security Disability Awards are now trending downward. Additionally, terminations from Social Security Disability Awards are now trending upward (8.62%) according to November 2016 statistics released by the Social Security Administration.

Friday, December 2, 2016

Insurance Rating Company Increases Estimate for Net Ultimate U.S. Asbestos Losses to $100 Billion

A.M. Best has increased its estimate for losses that U.S. property/casualty insurers can ultimately expect from third-party liability asbestos claims by approximately 18% to $100 billion. The $15 billion increase to the net ultimate asbestos loss estimate comes as insurers are incurring approximately $2.1 billion in new losses each year while paying out nearly $2.5 billion on existing claims. The updated figures are contained in a new Best’s Special Report, titled “A.M. Best Increases Estimate for Net Ultimate Asbestos Losses to $100 Billion.” The report also states that A.M. Best is not making any change to its $42 billion estimate on net ultimate environmental losses; therefore, A.M. Best’s view of ultimate industry losses for asbestos and environmental (A&E) is now $142 billion.

Victimizing Undocumented Injured Workers

NY TIMES QUOTATION OF THE DAY

"I was shot by terrorists, and it feels like the people I worked with are 
victimizing me all over again."

VALERIE KALLIS-WEBER, 59, a victim of a mass shooting in San Bernardino, Calif., last year, on medical treatments that have been denied or delayed under the workers' compensation system that covers her care.

Click here to read the entire article, "‘Victimizing Me All Over Again’: San Bernardino Victims Fight for Treatment" NY Times 11.30.2016

In New Jersey, "...without benefit of a legislative directive to the contrary, undocumented aliens are entitled to workers' compensation benefits. While undocumented aliens are not performing any illegal work, the court has reasoned that the New Jersey Workers' Compensation Act is not subject to any prohibitions similar to the unemployment law of each state which must comply with Federal standards; granting unemployment benefits to undocumented aliens would violate these standards."
Montoya v. Gateway Ins. Co., 168 N.J.Super. 100, 401 A.2d 1102 (App.Div.1979), certif. den. 81 N.J. 402, 408 A.2d 796 (1979). "The need for medical treatment is not a benefit derived from immigration status but rather from employment status. Mendoza v. Monmouth Recycling Corporation, 288 N.J.Super. 240, 672 A.2d 221 (App.Div.1996)." Gelman, Jon L., 38 N.J. Prac., Workers' Compensation Law § 11.8 (3d ed.).

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). 

For over 4 decades the
Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Thursday, December 1, 2016

New Jersey Workers Are at High Risk for Asthma

The US Centers for Disease Control reported today that workers in various industries and occupations are at risk for work-related asthma. CDC analyzed data from the 2013 Behavioral Risk Factor Surveillance System Asthma Call-back Survey and determined that in 21 states among an estimated 74 million adults employed at some time in the 12 months preceding the interview, 7.7% had current asthma.