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February 28, 2007

New OSHA Branch Will Promote Safety for Hotel Workers

A joint venture between OSHA, the U.S. Virgin Islands Hotel and Tourist Association, and the U.S. Virgin Island's "Safety in Paradise" OSHA Consultation Program will give hotel workers new safety and health training resources. The program aims to reduce and prevent workers from being exposed to common industry hazards by increasing training and education programs. The new training will focus on topics such as fire protection, hazard communication, and the use of protective equipment. Patricia K. Clark said that the "alliance will provide the territory's hotel and tourism employees with important information that will allow them to identify and eliminate hazards they are likely to encounter on the job."

New OSHA Alliance to Promote Safety for Hotel and Hospitality Workers

Partners in the venture also will try to create a safer workplace and also to create a health curriculum, conduct outreach activities, and make health practices more widespread.

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Legal View: Occupational Disease
Hotel and Motel Safety
Second Annual Governor's OSHA Conference to be Held
Hotel/Motel Training Resources
OSHA Seeking Nominations for National Advisory Committee on Occupational

February 27, 2007

Ohio Judge Bans California Lawyer in Asbestos Lawsuit

An Ohio judge who became fed up with the disrespectful and supposed lies of an attorney banned the attorney from participating in further court proceedings. Judge Harry Hanna said that attorneys from Andreas law firm, a nationally known San Fransisco law firm, did "not conducted themselves with dignity. They have not honestly discharged the duties of an attorney in this case."

Ohio judge bans Calif. lawyer in asbestos lawsuit

Jerome Fishkin, a legal ethics adviser, said that Andreas and the law firm will not comment on the matter. Hanna's decision put the legal spotlight on him and was applauded by those who say that trial lawyers are responsible for unwarranted lawsuits and increased consumer product costs. The Wall Street Journal's editorial page said that Hanna's ruling set an example for judges to take a firmer stance against litigation fraud.

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Legal View: Occupational Disease

Judge lays down law in banning attorney from his courtroom

Judge gets attention by banning asbestos attorney
Law Blog Lawyer of the Day: Christopher Andreas

February 26, 2007

120,000 More Likely Will Die As Asbestos Cases Peak

More than 120,000 people will die from lung diseases associated with the asbestos exposure they suffered in the 1960s and in the 1970s. Those who worked as carpenters, laggers, electricians, ship workers, and dockyard workers are at greatest risk for painful and deadly tumors. However, the families of those who worked these professions also are at risk; people who work with asbestos bring home asbestos fibers on their clothing.

120,000 more to die in a decade as legacy of asbestos reaches a peak

Debra Brewer, the daughter of a dockyard worker, suffers from mesothelioma as a result of her contact with her father while growing up. Brewer was recently awarded compensation from the Ministry of Defense for her suffering. Cases like this likely will be on the rise. Professor Julian Peto, the UK chairman of epidemiology at the London School of Hygiene and Tropical Medicine says that men in their 60s are at most risk. Peto added that "mesothelioma has already killed twice as many people as cervical cancer. Instead of young women, those affected are elderly working class men."

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Legal View: Occupational Disease
Asbestos-related lung cancers 'will kill nearly 200,000'
MoD Admits "Cancer Hug" Liability
£8bn legal victory for asbestos victims
Asbestos-related lung cancers ‘will kill nearly 200,000'

February 23, 2007

Workers Plead Guilty to Faking Mine Safety Checks

Two employees of Massey Energy will face up to a year in prison after pleading guilty to charges that they faked mine safety checks in West Virginia. Shift foreman William Edwin Wine and belt foreman Robert Delmas Bennett pleaded guilty to misdemeanor charges that they failed to make mandatory safety examinations.

2 Massey workers plead guilty to faking mine safety checks

Wine and Bennett were both employees at Massey subsidiary White Buch Coal Company's Grassy Creek Number One mine in West Virginia. Sentencing for the men will take place on May 15.

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Legal View: Occupational Disease
2 Massey workers plead guilty to faking mine safety checks
Mine workers plead guilty to safety fakery
Massey CEO says nonunion mines more competitive
Conservative Lawmakers Shaft Mine Safety

February 22, 2007

Court Ruling Protects Mine Workers

An appeals court says that the standards set by the U.S. Mine Safety and Health Administration for reducing diesel particulate pollution are reasonable. A panel from the U.S. Court of Appeals for the District of Columbia rejected all arguments made against the pollution standards made by the National Mine Association, the National Stone, Sand & Gravel Association and mine operators. Michael Wright, the USW Director of Health, Safety, and Environment said that the ruling is "a hands down victory for the safety of our members and thousands of other miners."

Court Ruling Protects Mine Workers Against Diesel Pollution

The regulations will limit miners' exposure to particles in the diesel fume emissions from trucks and heavy equipment that are used to operate machinery in underground metal mines. The new rules will not affect coal mines; they are under different regulations. The new standards are being put into place because particles have been associated with lung cancer, respiratory problems, and eye irritations. Mine operators and industry groups filed to prevent enforcement of the regulations, saying that MSHA did not have sufficient evidence that particles harmed workers' health.

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Mine safety bill stalls; widows urge lawmakers to take action
2 Massey workers plead guilty to faking mine safety checks
Hearings to highlight federal mine safety act progress
Mine Safety

February 21, 2007

Office Desks Harbor Bacteria

A new study says that an office desk has far more bacteria on it than even the workplace restroom and that women's desks have more bacteria than their male co-workers. Charles Gerba, a University of Arizona professor of soil, water, and environmental sciences, tested more than 100 offices on the University of Arizona campus, and in New York, Los Angeles, San Francisco, Oregon, and Washington, D.C. The desks of women were found have three to four times more germs than the desks of men. "I thought for sure men would be germier," Gerba said. "But women have more interactions with small children and keep food in their desks. The other problem is makeup."

Study: Office desks havens for bacteria

The average desk has about 400 times more bacteria than the average office toilet seat. Gerba recommends using hand sanitizer and disinfectant to help reduce bacteria levels. "You don't have to go crazy with it, but with the key areas, desktops, phones and keyboards probably need to be disinfected once in a while," he said.

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Legal View: Occupational Disease
Study: Women's Desks Magnets for Germs in Workplace
Study: Women's desks are magnets for germs in the workplace

February 20, 2007

The Dangers of Grit Weed

A deadly new kind of cannabis called grit weed is becoming more common across Britain. Dealers add tiny pieces of glass to the drug to increase the drug's value and price. However, drug users who regularly inhale the drug are at risk for contracting silicosis.

Druggies in Deadly Grit Weed Alert

Grit weed began to see a rise in popularity after Christmas after police raids on marijuana growers hurt suppliers. The group UK Cannabis Internet Activists, who want marijuana to be legalized, say that "the government must run a high-profile campaign abotu the dangers of contaminated cannabis." The UK's Department of Health says that police have been informed of the new drug and will alert the public.

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Legal View: Occupational Disease
Ground Glass Drug Alert
Warnings over Glass in Cannabis
Cannabis Contamination
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February 19, 2007

Afternoon Naps Linked to Healthier Hearts

In a recent study of more than 23,000 Greek men and women, researchers discovered that napping at least three times a week for a half-hour was linked to a significantly lower risk of death from heart disease. Even after controlling for factors such as smoking, body mass index, physical activity, and diet, researchers still concluded that those who napped on a regular basis had a 37% lower risk of dying from heart disease than those who never napped. The effect is greatest in working men.

Regular Midday Snoozes Tied to a Healthier Heart

Dr. Dimitrios Trichopoulos, who led the study and who acts as a professor of cancer prevention at the Harvard School of Public Health, admitted that the study included a relatively small number of people who had died from coronary artery disease and that, when analyzed separately, results for women were inconclusive. “If you can, you should take a daily nap,” Tricholpoulos said. “I’m Greek. I came to this country in 1989, and I served as chairman of a department at Harvard for seven years. But I always stopped and took a nap every day. If you’re really committed, you do that. It’s such a pleasant custom. You can start your day all over again at 6 or 7 o’clock.”

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Siesta in Healthy Adults and Coronary Mortality in the General Population
Midday Naps Found to Help Fend Off Heart Disease
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To Nap or Not to Nap – That is the Question

February 16, 2007

Prison Workers Required to be in Shape?

James McDonough, a former Army platoon leader and champion boxer, is working to make staff fitness a high priority for Florida's prison department. He says physical fitness is important for a key stage in the department's transportation after years of corruption and underperformance. McDonough has suggested mandatory fitness levels for 19,000 of his employees, some of whom have desk jobs. The proposal is meeting protest from a union representing prison and probation officers, causing experts to wonder if requiring workers to stay in shape at the risk of losing their jobs is the best way to fight obesity.

To State Workers: Get Fit or Lose Your Job

Roy Shephard, who specializes in exercise science at the University of Toronto, says that the program might not be the best because "anytime you compel people to do something, they're not going to put much effort into it. You're more likely to have success by offering incentives and encouragement [for employees to lose weight]." The Department of Health and Human Services estimates that U.S. industry loses $13 billion and 39.3 million workdays every year as a consequence of obesity-related lost productivity, absenteeism, higher health-insurance premiums, and medical expenses. While many companies are adopting programs that focus on employee health, McDonough's plan is different because it is one of the first times that public service employees, other than firefighters and police officers, would be required to exercise as a condition of their employment.

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Legal View: Occupational Disease
Is Your Job Making You Fat?
JCC Brings Fitness to the Workplace
Study "On-the-Job Physical Activity" Released
Athletes Perform Better in Workplace, Too

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February 15, 2007

Radiation-Exposed Workers March

South African workers who were exposed to radiation will march to the Nuclear Energy Corporation of South Africa, Nesca, to demand that the corporation speed compensation. Workers suffer from cancer, myeloma, asthma and other occupational diseases related to their radiation exposure. Earthlife Africa, a lobby group, said that most of the workers were very ill, out of work, and penniless.

Radiation-Exposed Workers to March

Earthlife Africa began its investigation into the nuclear corporation after several workers were diagnosed with "unquestionable occupational-related diseases." The group said that at least 52 more people were diagnosed with 72 probable diseases; this means that several people have more than one occupational disease, but need more tests for clarification.

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Legal View: Occupational Disease
Earthlife Africa
Environmental Issues
South Africa Heads for a Genetically Engineered Future

February 14, 2007

Widow Wins Battle

Only a few months after Toronto firefighter Bruce Ritchie was promoted to district chief, he was diagnosed with terminal liver cancer. Ritchie had been a healthy, non-smoking, hockey player and father of three before he died in August 1998. However, Ritchie's long term exposure to smoke and chemicals during the course of his career led to his cancer. Ritchie's widow, Barb, said of her husband's disease, "with this occupational disease and cancer, it builds over a period of time. The toxins attack the body."

Widow Finally Wins Her Battle

The Toronto Professional Firefighters' Association spent 4 years working to get the Workplace Safety and Insurance Board to recognize Ritchie's cancer as a job-related disease. The board finally agreed and Ritchie's case will set a precedent for kidney cancer claims by firefighters. A private member's bill that would make the approval of worker's compensation claims by firefighters for certain kinds of cancers automatic is currently being considered by the Ontario government.

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The Price of Heroism
WSIB President says Ontarians Must Focus on Safety
Firefighters Face Increased Risk for Certain Cancers
Firefighting Cancer

February 13, 2007

High Court Rejects Family's Claim for Benefits

The Nebraska State Supreme Court ruled that the family of a state trooper who killed himself after the 2002 Norfolk bank slayings should not be entitled to workers' compensation benefits. About a week prior to the slayings, Mark Zach gave a ticket to Erick Vela, one of the men involved in the slaying, for carrying a concealed weapon. However, Zach did not transpose a serial number during a check of the gun so the gun did not register as having been stolen. Zach killed himself the day after Vela was involved in a bank robbery that led to the deaths of five people.

High Court Rejects Family's Bid for Trooper's Benefits

Zach's family argued that his death was brought about by a job-related occupational disease caused by the stress of learning about the mistake. Compensation was initially denied by a state Workers' Compensation Court judge, but granted an appeal. The state high court agreed with the earlier ruling because Zach's death appears to have been caused entirely by mental anguish. "We conclude that under current Nebraska law, a compensable injury caused by an occupational disease must involve some physical stimulus constituting violence to the physical structure of the body," wrote the court of its decision.

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Workers' Comp Benefits Denied For Family Of Trooper Who Committed Suicide
Vela Sentenced to Death for Norfolk Bank Slayings
Trooper's Family Denied Worker's Comp Benefits
Neb. Insurers Argue Against Benefits for State Trooper in Suicide Case
State Trooper's Family in Worker's Comp Court Battle

February 12, 2007

Inventor Given Large Asbestos Settlement

Tim Lacone, 58, is a Melbourne inventor who was developing a swimming pool and industrial water filter when he was diagnosed with mesothelioma in August. Dust from the asbestos-based sheeting made by two companies and used by Lacone to build a glasshouse and his own home caused the disease, according to Lacone's lawyers. Lacome says that James Hardie and Slater & Gordon manufactured the materials that caused his disease.

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Asbestos Settlement
Man wins .75m asbestos-related claim
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February 09, 2007

New Trucks Pass EPA Diesel Exhaust Tests

According to the Diesel Technology Forum, all new major heavy duty truck and engine manufacturers have met new Environmental Protection Agency emissions standard and have been certified by the EPA for protection. These newer trucks are believed to be 90% cleaner than older trucks.

New Big Rigs Pass Diesel Sniff Test, EPA Says

The introduction of ultra-low sulfur diesel fuel last October helped in the creation of the cleaner trucks. The cleaner fuel allowed development and the use of more effective emission devices. According to the EPA, emissions of greenhouse gases will be cut by 2.6 million tons and soot emissions will be reduced by 110,000 tons once the older trucks are replaced by the newer trucks.

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Ultra Low Sulfur Diesel is Compatible with Existing Fleets with Comparable Performance
EPA Proposes Reduced Sulfur Content in Diesel Fuel to Ensure Clean Heavy-Duty Trucks and Buses
EPA Dramatically Reduces Pollution from Heavy-Duty Trucks and Buses; Cuts Sulfur Levels in Diesel Fuel
Ultra Low Sulfur Diesel (USLD) and EPA Engines

February 08, 2007

Lawsuit over Caterpillar Engines Could Affect Boats

A national class-action lawsuit brought about by a Detroit businessman against Illinois-based Caterpillar Inc. over the diesel engines that the company produces for large yachts has been certified by a U.S. district judge. James Jaikins is leading the suit and alleges that Caterpillar engines have defective aftercoolers; aftercoolers are the components that cool air inside the engine. The defect allows for water to enter the engines and mix with fumes, leading to corrosion, engine failure, and possible explosion.

Lawsuit over Caterpillar Engines Could Affect Boats

The lawsuit affects 7,000 Caterpillar marine engines made since 1996. Damages could exceed $100 million. Caterpillar says the allegations are false: "We have requested an appeal of the certification decision. We will continue to defend the case vigorously," said spokeswoman Anne Leanos.

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Suit Makes Waves for Caterpillar
Retired CDC Chemist Battles Caterpillar Over Engine Breakthrough
Lawsuit Over California Greenhouse Gas Auto Emissions Standards Will Go to Trial

February 07, 2007

Firm to Fight OSHA Fine in Fatal Blast

Huron Real Estate Associates, who operates the complex where IBM's first manufacturing plant was located, plans to fight a fine levied by OSHA after there was a deadly steam explosion at the plant. One worker was killed in the August blast and another worker was badly burned. An OSHA official said that adequate procedures had not been developed by Huron to prevent the explosion.

Firm to fight OSHA fine in fatal steam blast probe

OSHA says that if Huron does fight the fine, it may take up to a year before the case is actually heard. OSHA fined Huron $8700 after assessing the site.

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OSHA Wants Huron Fined
OSHA Issues "Serious" Citations in Deadly Steam Explosion
Huron Cited for Safety Violations Following August Explosion
Tests find fracture in Falk pipe: Prosecutor calls leak 'significant' after tests on propane line linked to fatal explosion

February 06, 2007

Son of 9/11 Cop Asks for More Funding

Ceasar Borja, the son of a New York City police officer who died of lung problems caused by working at Ground Zero after September 11, asked George W. Bush to seek better care for those who are suffering health problems related to the attacks. Borja said that Bush's decision to give 25 million dollars of federal money to care for thousands of rescuers who had reported problems was a good start, but not enough. "I expressed how the funding should be expanded, not for just the heroes and heroines that were present there. Everyone should be taken care of and paid for completely by the federal government."

Son of dead 9/11 cop presses Bush on health funding

Borja's father died last week at the age of 52 from lung disease. Thousands of other World Trade Center recovery workers are also reporting similar lung problems. "My father was fortunate enough to have his own health insurance," Borja said. "There are those there that have to pay out of their own wallets for health monitoring, doctors' appointments, for all their medicines." Approximately 40,000 people helped clear debris from the site of the World Trade Center in 2001 and in 2002; many of these people did not even wear face masks. An autopsy conducted last year on a 34-year old police officer last year conclusively linked respiratory complaints and time spent working at Ground Zero.

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NY Student: Bush Was Genuine In Meeting
Dead Officer’s Son Asks Bush to Increase Aid to 9/11 Workers
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Son of Late Ground Zero Worker Makes Health-Care Plea

February 05, 2007

Product Liability Ruling Overturned

A Washington appeals court has ruled that a manufacturer has a responsibility to warn plaintiffs of potential asbestos exposure even if the manufacturer's water evaporator used on Navy ships did not contain asbestos. Joseph Simonetta filed a lawsuit against Viad Corp. after he was diagnosed with lung cancer and asbestos-related disease in 2000. Simonetta had worked as a Navy machinist mate during the 1950s. After he filed his lawsuit, a trial court granted the manufacturer summary judgment, saying that because the asbestos exposure did not come from the evaporator itself, Viad had no responsibility to warn users.

Appeals court overturns product liability ruling

However, the Washington Court of Appeals overturned that verdict, saying that Viad knew that asbestos was necessary to insulate its product and consequently posed a health risk to anyone who service the evaporator. The court has remanded the case for further proceedings.

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Viad Corp Announces 2006 4th Quarter & Full Year Earnings Conference Call
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February 02, 2007

September 11 Deaths on the Rise

Two years after paramedic Deborah Reeve had worked on the recovery efforts at the World Trade Center, she got a cold, a cough and a fever that wouldn't go away. A month later, Reeve was diagnosed with mesothelioma and she died less than a year later. "My wife got killed on September 11, and she didn't die until March 15, 2006," said her husband, David, who also was a paramedic. "She got killed and didn't know it."

Years after attacks, Sept. 11 deaths on the rise

Doctors have established a link between those who worked at Ground Zero and increased rates of chronic respiratory illness. A study published recently found that 70% of those who had worked at Ground Zero likely would have lifelong breathing difficulties. Experts, however, have been cautious to officially blame deaths on exposure to the toxic cloud caused by the collapse of the twin towers. Only two deaths so far have been definitively connected to September 11. The family of Felicia Dunn-Jones, who died of sarcoidosis, an inflammation of the lungs, was paid a $2.6 million death benefit by Kenneth Feinberg, who oversaw the compensation fund for September 11 victims.

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Governor Pataki Signs New York 9/11 Workers' Comp Bill
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February 01, 2007

Exposure to Silica Ups Lung Cancer Risk

Occupational exposure to crystalline silica dust increases the risk of developing lung cancer, according to a recent study. Lung cancer kills more people than any other kind of cancer. While exposure to tobacco smoke is the most common cause of lung cancer, other exposures may also increase risk. Occupations such as mining and quarrying, sandblasting, and construction all involve silica exposure.

Occupational Exposure to Crystalline Silica Increases Lung Cancer Risk

A recent study showed that 15% of lung cancer patients and 10% of comparison subjects had a history of occupational exposure to crystalline silica. Additionally, the risk of lung cancer was doubled in those who had the highest exposure to crystalline silica. “Our results support the hypothesis that silica is an important risk factor for lung cancer," said the researchers of their data.

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Occupation and Cancer
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