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December 29, 2006

Asbestos Dangers Hidden for Decades

A downtown Salt Lake City processing plant that was heavily polluted with an especially toxic form of asbestos is responsible for Ralph Blevin's asbestosis. Blevin left his $1.95/hour paying job at the plant 45 years ago, but still suffers from the effects. His chest frequently hurts so much that he cannot sleep. Blevin says that "there's no, way of making it better. There's no cure." Blevin was not aware of the dangers of asbestos at the time and even after having contracted asbestosis, was not aware for some time that his time at the plant was responsible for the onset of the disease.

Asbestos Dangers Remained Hidden for Decades

Other Utah residents are also believed not to be adequately educated about the dangers of asbestos. Vermiculite, from a Libby, Montana mine, was a popular insulator in Utah for years. However, health and environmental officials have not warned former plant workers and the Utah public of the risks. Max Dodson, the assistant director of the federal Environmental Protection Agency's Denver region, says that the Libby vermiculite problem is "profound."

Related Links:
Legal View: Occupational Diseases
Libby Residents are Dying, Spare Us the Excuses
$600,000 awarded in asbestos compensation case
EPA will conduct assessment of Libby cleanup efforts

December 28, 2006

Butter Flavoring Still Dangerous...

California Governor Arnold Schwarzenegger's veto of a bill that would have required manufacturers and wholesalers to tell where hazardous chemicals would have been used does not mean that such chemicals are not dangerous. Francisco Herrera, a 32-year-old employee of a California company that manufactures diacetyl, has bronchiolitis obliterans. The disease has destroyed 70% of Herrera's lungs and could kill him if he does not get a lung transplant.

Governor's veto doesn't change facts about hazards faced by employees

In 2002, federal scientists found that diacetyl was toxic to workers who inhaled the substance working in microwave popcorn plants. The flavoring industry is believed to have known as early as 1985 that diacetyl was harmful to the respiratory system. Federal scientists have asked the Occupational Safety and Health Administration to make the dangers of diacetyl better known, but OSHA has yet to take action.

Related Links:
Legal View: Occupational Diseases
Popcorn Workers' Lung
Popcorn Lung Diacetyl Danger: Answers to your Questions
Lawsuit: Fake popcorn butter caused disease

December 27, 2006

Widow Wins Mesothelioma Case

The widow of a man who is believed to have been exposed to asbestos from sitting on his stepfather's knee has won a lawsuit against the former employer of her late husband's stepfather. Barry Welch, from England, is believed to have contracted mesothelioma from childhood exposure to asbestos. His asbestos exposure was linked to the dust and fibers that his stepfather brought home from work.

Man gets asbestos cancer mesothelioma 'after sitting on stepfather's knee'

Welch was diagnosed with asbestos in May of 2004 and died 11 months later, at the age of 32. The insurance firm Zurich conceded negligence on the behalf of Palmers Limited, Welch's stepfather's former company. Welch's stepfather, Roger Bugby, worked as a scaffolder at Kingsnorth Power Station from 1977 to 1979. Welch often would sit on Bugby's lap after Bugby had returned home from work; the law firm representing the Welch family argued that "this exposure as a child led to Barry contracting mesothelioma in later life."

Related Links:
Legal View: Occupational Diseases
Girl Died Because Father was Covered in Asbestos Dust
Mesothelioma - Cancer information on MedicineNet.com
Mesothelioma and Asbestos Cancer Information

December 26, 2006

Whistleblowers Win Award

Ten legislative branch steamfitters who made extreme asbestos contamination and other hazards public have been awarded the Joe A. Callaway Award for Civic Courage. The steamfitters are represented by the Government Accountability Project (GAP) and the law firm of Katz, Marshall & Banks, LLP, in their whistleblower complaint against their employer, the Architect of the Capitol (AoC) for harassment and retaliation after having made their safety concerns public.

Congressional Tunnel Workers to Receive Civic Courage Honor

The Callaway Award serves to recognize courageous people who take a public position to advance truth and justice. GAP Senior Counsel Joane Royce, a lawyer for the workers, said of the award: “The tunnel crew works under extremely hazardous conditions. They have risked their jobs to report these conditions to Congress and the public, and they certainly deserve the recognition they are getting through receipt of the Callaway award.” The tunnel workers faced dangerous work conditions for years, facing falling concrete, temperatures in excess of 130 degrees, and exposure to asbestos and other toxins. The crew initially notified the AoC, who did not adequately change work conditions, despite repeated citations.

Related Links:
Legal View: Occupational Diseases
Asbestos Under the Capital
Capitol tunnel workers receive award
Congressional Tunnel Workers to Receive Civic Courage Honor
Reception Thursday for Joe A. Callaway Award

December 22, 2006

Nurses Face Health Risks

A new report says that nurses in Canada are at a significantly higher risk for workplace injuries, stress, and chronic health conditions like depression and high blood pressure than those who are not nurses. The deleterious health effects seem to be linked to the work environment; nursing is physically demanding, patients can be violent and demanding, nurses are constantly exposed to sharp objects and infectious diseases, nursing demands an excessive workload with long hours, and they also face strained interpersonal relations in the health sector.

Nurses' Jobs Bad for Their Health

Lisa Little, senior nurse consultant at the Canadian Nurses Association, said that the study results showed that "the bottom line is that looking after the health of Canadians has made a lot of nurses unhealthy. This is pretty troubling for nurses and it should be troubling for the patients who depend on them for care." The report on which these conclusions were based found that 29% of nurses were physically assaulted in the past year, 44% had been emotionally abused by patients or their family members, and 48% had been stuck by a needle while on the job.

Related Links:
Legal View: Occupational Diseases
Stress Linked to Nurses' Health Problems
Violence Against Nurses on the Rise
Nurse Week: Danger Zone

December 21, 2006

Australian Asbestos Lung Cancer Ruling Significant

A court case in Western Australia looks to have implications for lung cancer victims who were exposed to asbestos. The Supreme Court of Western Australia awarded $600,000 in compensation to the family of Paul Cotton, who died from lung cancer in 2002. Cotton had been a smoker but came into contact with asbestos in the 1970s and 1990s.

Asbestos lung cancer ruling sets 'significant' precedent

Cotton's legal claim was against James Hardie, the South Australian Government, and the Millennium Inorganic Chemicals company. The lawyer, Tim Hammond, argued that Cotton's smoking and his asbestos exposure lead to his lung cancer. "Now they weren't our views, they were the views of some of the most respected medical practitioners in Australia, in that they said in their experience asbestos as a cancer causing agent combines with smoking to radically increase your risk of getting lung cancer," said Hammond. Hammond said the win was important for future such cases: "There must be hundreds of people going undiagnosed for the role that asbestos has played in their lung cancer, that if it's successfully picked up, this case will be an extremely useful precedent in achieving an amount of compensation for those people who would otherwise probably go uncompensated."

Related Links:
Legal View: Occupational Disease
James Hardie Faces New Asbestos Claims
$600,000 awarded in asbestos compensation case
James Hardie factory closes amid asbestos fears

December 20, 2006

More Asbestos-Silicosis Suits Filed

Four new lawsuits have been filed in Madison County on the behalf of two plaintiffs who say they were exposed to both asbestos and silica. Dale Hanabarger worked as a painter, plasterer, and sandblaster for Mark's Plastering and Cole Industrial Paint Service from 1973-2002. Hanabarger says he was diagnosed with bilateral asbestos-related pleural disease in 2005. Linda Arnold worked as a strand helper in Illinois from 1977-2005. She was diagnosed in 2006 with asbestosis.

Coon firm files another batch of asbestos-silicosis suits in Madison County

The plaintiffs say that because of their jobs they were exposed to and inhaled large amounts of asbestos fibers. The suits state that, "each defendant is amenable to suit in the State of Illinois by reason of having engaged in the mining, processing, and/or manufacturing, marketing, distribution of asbestos or asbestos-containing products or by reason of having placed the same into the stream of commerce for use in Illinois, and by reason of having committed tortuous acts against plaintiffs in Illinois." The suits may be challenged; in February 2005, U.S. District Judge Janis Graham of Texas said that thousands of lawsuits filed by people claiming illness from and asbestos exposure raised "great red flags of fraud."

Related Links:
Legal View: Occupational Disease
District holds off payment for asbestos mistake
EPA Asbestos Information Page

December 19, 2006

Asbestos Scam Case Penalties Uncertain

1,550 companies that were scammed by an asbestos-removal company may never receive the $23 million that they are collectively owed, said a federal prosecutor. One of the companies scammed, Milton J. Rubenstein Museum of Science and Technology, paid AAR Contractor Inc. $114,000 in 1995 to remove asbestos from one of their buildings. The asbestos removal was done without water, water is required, and AAR assured concerned Milton J. Rubenstein officials that everything was being done according to regulations.

Asbestos Scam Case Restitution Uncertain

After the project, officials found 30 bags of asbestos left in their garage and had to hire another company to check the cleanup and to finish the job. Museum President Larry Leatherman said that "we could surely use the money, but I'm not counting on anything." AAR took shortcuts in asbestos cleanup, didn't follow federal regulations for removal, and misled clients with fraudulent lab tests for more than a decade.

Related Links:
Legal View: Occupational Disease
Asbestos Firm Caught in Broad Scam
No Building on SU Campus Involved in Asbestos Scam

December 18, 2006

Study Says No Cell Phone-Cancer Link

An investigation that studied cellular phone users in Denmark over a span of decades has concluded that cell phones have no effects on rates of cancer. The Danish Institute of Cancer Epidemiology, who conducted the study, looked at 420,000 cell phone users for up to 21 years. Cell phone users were shown to have the same chance of developing cancer as the general population.

No Cell Phone-cancer Link, Study Says

Researchers looked at Danish residents, more than half of whom had begun using a cell phone between 1982 and 1995. Lead researcher Christoffer Johansen said that "We found no evidence for an association between tumor risk and cellular telephone use among either short-term or long-term users. Moreover, the narrow confidence intervals provide evidence that any large association of risk of cancer and cellular telephone use can be excluded."

Related Links:
Legal View: Occupational Disease
Study finds no cancer risk from cellphones
Study: mobile phones don't cause brain cancer
Cell Phone/Cancer Studies So Far

December 15, 2006

Second Trial Results in Win for Defendants

The first multiple-plaintiff case of the federal welding rod fume trial has resulted in a win for the defendants. John Beisner, the attorney for several current and former welding rod manufacturers said of the verdict: "We are very pleased with these two defense verdicts. Even with the indisputable benefit of having two cases consolidated into one proceeding, the plaintiffs were unable to convince a jury of their claims. These cases simply cannot withstand juror scrutiny."

Second Federal Trial Ends in Win for Welding Defendants

According to WeldingInfoNetwork.com, although welding rods do contain manganese, “the industry is not aware of any verified cases of manganism resulting from exposure to fumes from mild steel welding, which we believe is at issue in these cases. Based on more than a century of experience, the form of manganese present in welding fumes in typical welding does not cause manganism. Again, manganism is very rare and mostly occurs in third-world countries among miners and smelters who are exposed to extremely high levels of manganese.”

Related Links:
Legal View: Occupational Disease
Welding Companies Win a Lawsuit Over Fumes
Welding Defendants Win Two Lawsuits
Jury sides with welding companies in Illinois fume trial

December 14, 2006

Black Lung Concerns

Although many think of black lung disease as a relic of the past, less safe days of mining, the lung disease remains a problem for both current and former miners. A recent Center for Disease Control and Prevention study found that younger miners, in their 30s through 50s, are developing rapidly progressive, dehabilitating forms of the disease at a much higher rate than expected.

Renewed Concern Over Black Lung

Connie Cline appears physically healthy; however, black lung prevents him from even walking a block without becoming winded. Cline must regularly check in at the hospital to keep his disease under control. Cline's symptoms began to appear in his early 40s. Black lung, also known as pneumoconiosis, is caused by coal dust trapped in the lungs. "The dust was so thick sometimes you couldn't see your hand in front of you, even with your light," said Cline, of the dangerous dust.

Related Links:
Legal View: Occupational Disease
Introduction to Black Lung Disease
Black Lung: Make it Disappear
Sago Mine Operator Cited

December 13, 2006

Another BP Refinery Faces Fines

Oil producer BP could be fined more than $384,000 because of workplace safety violations at its refinery along Lake Michigan, even while the company says it is making "solid progress" to correct the problems. Inspectors with the Indiana Occupational Safety and Health Administration cited BP for eight serious violations, including failing to test equipment like fire hydrants and the refinery. None of the violations has caused employee injury or an environmental release of unsafe chemicals.

BP Refinery Faces Safety Fines

A BP spokesman, Scott Dean, says that BP has thus far fixed more than half of the violations and is working to fix the remaining problems. Dean also noted that the refinery has an impressive safety track record. "We've been making solid progress in safety performance," said Dean. A BP refinery explosion in Texas City, Texas killed 15 people and injured 170 others.

Related Links:
Legal View: Occupational Disease
OSHA Fines BP $2.4M
OSHA Fines BP More Than $21M for Texas City Explosion

December 12, 2006

Asbestos List Grows

The number of people diagnosed with asbestos-related health conditions is continuing to rise; however, concerns have been raised that doctors still need to work on improving their reporting of work-related diseases. More than 17,000 people have told New Zealand's Department of Labor since 1992 that they may have been exposed to asbestos. The chief advisor for occupational health, Geraint Emrys, says that not many doctors told their patients about the system for reporting occupational diseases and very few patients knew to ask their doctors about it.

Warning for doctors as asbestos list grows

Emrys said that family doctors need to improve their reporting of work-related diseases and injuries and encourage their patients to do the same. "Notifying the department of a health problem that may have been caused by work protects not only an individual's health but also the health of their workmates who may be being harmed by the same workplace exposure," said Emrys. Emrys noted that lung cancer reportings related to asbestos exposure were small compared to many other asbestos-related medical conditions.

Related Links:
Legal View: Occupational Disease
The Epidemic of Asbestos-related Diseases in New Zealand
Mortality, morbidity, and asbestosis in New Zealand: the hidden legacy of asbestos exposure
Lung Cancer FAQ: Asbestos exposure

December 11, 2006

Date for Silicosis Lawsuit Hearings Set

33 retired Chicago factory workers are suing the owners of Brillion Iron Works for having exposed them to silica. The owners of Brillion admit that silica was used but deny that it got into the lungs of the workers. According to Brillion's attorneys, "…none of the plaintiffs could ever have been exposed to any silica based products which may have been present at the defendant's plant."

Hearing set Nov. 29 on silicosis lawsuits

The silica that Brillion uses for molding and for finishing is still at the plant. Texas attorney Brent Coon sued Brillion and dozens of other companies for asbestos and silica related cancers over the last year. Most of the silicosis suits come from plaintiff's already in the asbestos group.

Related Links:
Legal View: Occupational Disease
Brent Coon and Associates
Asbestos Resources

December 08, 2006

DaimlerChrysler to Pay Millions in Asbestos Lawsuit

A jury has ordered DaimlerChrysler AG to pay $20 million to Alfred D'Ulisse, a retired police officer and brake repair worker whose right lung had to be removed as a result of asbestos exposure. DaimlerChrysler was found to be 10% liable for D'Ulisse's cancer, which ended up with the removal of D'Ulisse's right lung.

DaimlerChrysler To Pay Millions In Asbestos Verdict

DaimlerChrysler manufactures Chrysler, Dodge, Jeep, and Mercedes-Benz and issued a statement following the verdict saying that the case was built on "junk science." D'Ulisse got mesothelioma after working at Morak Brakes in Brooklyn. The jury also found that DaimlerChrysler could not he held accountable for the mesothelioma of another worker, Rodolfo Colella.

Related Links:
Legal View: Occupational Disease
$20M awarded in asbestos verdict
DaimlerChrysler ordered to pay $20 million asbestos verdict
DaimlerChrysler ordered to pay $20M

December 07, 2006

Dust and Debris at World Trade Center Site to Blame for Illnesses?

A Mt. Sinai School of Medicine report found that 60% of the first responders to the World Trade Center scene and breathed contaminated dust and smoke at the site now suffer from respiratory problems. Attorney David Worby has filed a class action lawsuit on behalf of about 9,000 Ground Zero rescue workers. To win the lawsuit, he will have to prove that the illnesses sustained by his clients were the consequence of their having breathed poisonous dust.

Dust, Debris at World Trade Center Site May Have Made Workers Sick

Worby says that he has "80 clients who have died, some from heart attacks, from pulmonary collapse, some from leukemia, some from cancers that are carcinogenically related." The lawsuit has been filed against the city of New York and its contractors. Time is of the essence in these lawsuits; exposed people are dying rapidly as a result of the illnesses from which they now suffer.

Related Links:
Legal View: Occupational Disease
September 11 Still Could Pose Mesothelioma Risks
World Trade Center Mesothelioma Statistics
Mesothelioma: Questions and Answers

December 06, 2006

Contractor in Asbestos Removal Project Sentenced

A federal judge ordered six months of in-home detention for Joseph John Cannella, who did not adequately supervise asbestos removal at a high school in Fort Morgan, Colorado. Cannella also was fined $40,00- and ordered to serve three years of probation.

Contractor In High School Asbestos Removal Project Sentenced

The state health department closed the school in February 2000 because of high asbestos levels from a remodeling project. The cleanup and renovation cost $8 million, including $2 million from the state.

Related Links:
Asbestos Suspect Sentenced
Mesothelioma News
Men from Texas and Wyoming Accused of Exposing Colorado Students and Teachers to Asbestos

December 05, 2006

Teacher Unaware of Asbestos Risks

A headmaster who is accused of having exposed his school to asbestos says that he had no idea that the material was a major health risk. Phillip Robinson, of Chevin Road, Duffiled, Derby, is denying a charge against him for wailing to ensure the health and safety of others. Robinson said, "I knew nothing about asbestos. "On the opening day of this trial somebody made the comment that everybody knows how dangerous asbestos was. I didn't realise, I knew nothing about asbestos. I had no idea there might be asbestos dust or that anything might come off it. The whole thing has been a complete new learning curve for me."

Head 'not aware' of asbestos risk

The prosecutors say that Robinson allowed windows in the school to be replaced without mentioning the presence of asbestos. Workers should be told if asbestos is found, but staff said that they were not informed. Robinson is being prosecuted by the Health and Safety Executive under the Health and Safety at Work Act.

Related Links:
Legal View: Occupational Disease
Safety and Health Topics: Asbestos
Information about Mesothelioma
Wikipedia: Asbestos

December 04, 2006

The Dangers of Hearing Loss at Work

The goal of a British company is to ensure that by 2030 there will be no new cases of noise-induced hearing loss caused by workplace noise. Roughly 170,000 people in Britain currently suffer deafness, tinnitus, and other hearing related conditions as a consequence of having been exposed to excessive noise at work. Selina Williams and Danielle Birchall, Acoustic Consultants from EMSAS Ltd, say that more strict noise standards must be imposed. They say "our experience of working in construction, manufacturing and engineering environments leads us to believe that noise levels in the workplace are a major health and safety concern. Our Institute of Acoustics (IOA) qualified experts can help with the compilation of workplace noise maps, assessments of worker noise exposure and reviews of the suitability of current hearing protection by using state of the art noise measuring equipment."

Noise and Vibration Measurement Solutions and Control

EMSAS says that their solutions are cost-effective and easy to implement. By reducing workplace noise levels, employees have fewer sick days, higher productivity, and insurance rates for the employer will be lower because there will be less of a need to cover civil claims against employers.

Related Links:
Legal View: Occupational Disease
Npise at Work
Noise: A Health Problem
Teen Workers: Potential Health Hazards

December 01, 2006

Asbestos Suits to Proceed

The Georgia Supreme Court overturned a state law that had made it more difficult for people to sue companies for asbestos-related ailments. The law had retroactively limited cases that were filed before the law was passed. The ruling means that 800 cases filed in Fulton County courts and 60 cases in Cobb County courts that had been at a standstill would be allowed to proceed. The majority of the cases are against Georgia-Pacific Corp.

Asbestos Suits to Proceed as Court Overturns Law

The court's unanimous decision agreed with a lower court ruling that the law added "a new element to their claim, one that did not exist when the original cause of action accrued." Consequently, the law "cannot retroactively be applied to their claims." The majority of the cases are cancer-related. James Malone, spokesman for Georgia-Pacific Corp., said that "over the years, the volume [of such cases] has decreased; we've always contended that the courts are for those who are truly sick."

Related Links:
Legal View: Occupational Disease
Georgia-Pacific Reiterates Details on Asbestos Liabilities
Miss. Woman Wins Settlement Over Secondhand Asbestos