Trump Administration May Bring a Surge in Occupational Disease Claims

Mesothelioma death rates remain high in the US even on the eve of an anticipated national ban of the asbestos fiber. Things may radically change for the worse as the Trump Administration goes forward with its announced intention to dismantle environmental regulation now in place and placed on-track for enactment during the former Obama Administration. With anticipated less EPA and OSHA regulation under the Trump administration, there is the potential for a serious surge of future occupational disease claims in the United States.

President Trump has remarked, “I believe that the movement against asbestos was led by the mob, because it was often mob-related companies that would do the asbestos removal. Great pressure was put on politicians, and as usual, the politicians relented.” Trump, The Art of the Comeback, 1997.

The Centers for Disease Control and Prevention (CDC) today published a report indicating that mesothelioma, a neoplasm, continues to be prevalent at high rates.

"Malignant mesothelioma is a neoplasm associated with inhalation exposure to asbestos fibers and other elongate mineral particles (EMPs). The median survival after malignant mesothelioma diagnosis is approximately 1 year. The latency period between the first exposure to asbestos fibers or other EMPs and mesothelioma development ranges from 20 to 71 years. Occupational exposure has occurred in industrial operations including mining and milling, manufacturing, shipbuilding and repair, and construction. Current occupational exposure occurs predominantly during maintenance and remediation of asbestos-containing buildings. The projected number of malignant mesothelioma deaths was expected to increase to 3,060 annually by 2001–2005, and after 2005, mortality was projected to decrease."

"During 1999–2015, a total of 45,221 malignant mesothelioma deaths were reported, increasing from 2,479 (1999) to 2,597 (2015). Mesothelioma deaths increased for persons aged ≥85 years, for both sexes, persons of white, black and Asian or Pacific Islander race, and all ethnic groups. Continuing occurrence of malignant mesothelioma deaths in persons aged <55 years suggests ongoing inhalation exposure to asbestos fibers and possibly other causative EMPs."

"Despite regulatory actions and decline in asbestos use, the annual number of malignant mesothelioma deaths remains substantial. Contrary to past projections, the number of malignant mesothelioma deaths has been increasing. The continuing occurrence of mesothelioma deaths, particularly among younger populations, underscores the need for maintaining efforts to prevent exposure and for ongoing surveillance to monitor temporal trends."

Asbestos is a naturally occurring fibrous mineral which was widely used in the manufacture of a variety of products beginning in the late nineteenth century. Although the majority of exposure to asbestos occurred between 1940 and 1980, in occupations such as construction, shipyards, railroads, insulation, sheet metal, automobile repair, and other related fields, exposure continues to this day. Asbestos fibers are inhaled by workers and remain in the lungs where they can cause disease. Fibers are also inhaled by family members or any other person coming into contact with asbestos wherever it may be. We believe that the evidence shows that the companies which manufactured these products knew that their products would injure people and that they actively conspired to hide this information in order to keep selling their products, and as a result, they are now being held liable for the resulting injuries.

"Workers' compensation benefits have been awarded to claimants who have been exposed to asbestos and who have suffered asbestos-related disabilities. Bolger v. Chris Anderson Roofing Co., 112 N.J.Super. 383, 271 A.2d 451 (Co.1970), aff'd 117 N.J.Super. 497, 285 A.2d 228 (App.Div.1971). The courts have recognized an asbestos exposure as causing multiple disabilities, and awards have been made for occupational exposure which have resulted in a “second disease”. Shepley v. Johns-Manville Products Corporation, 141 N.J.Super. 387, 358 A.2d 485 (App.Div.1976). Even where the exposure to asbestos can be identified as occurring 50 years earlier in the course of the employment, the resultant disease has been recognized as compensable. Bush v. Johns-Manville Products Corporation, 154 N.J.Super. 188, 381 A.2d 65 (App.Div.1977), certif. denied 75 N.J. 605, 384 A.2d 835 (1978)." Gelman, Workers' Compensation Law 3rd ed. §9,20 (Thomson-Reuters).

With the anticipated dismantling of EPA and OSHA regulations by the Trump Administration, in conjunction with a return to manufacturing jobs in the US, there remains to be seen whether there will be a resurgence of occupational disease claims and fatalities in the US,  as a result of the continued work-related exposures to such toxic substances such as asbestos.

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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 theLaw 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.

Pleural mesothelioma reported in a school teacher: asbestos exposure due to DAS paste

The hazardous legacy exposures of school children and art teachers to  materials containing asbestos fiber, ie. Fibro Clay, and its causal relationship to mesothelioma, has been reported in a recent medical journal. Today's post is partially shared from ncbi.nlm.nih.gov/pubmed

BACKGROUND:

Malignant mesothelioma cases among primary school teachers are usually linked with asbestos exposure due to the mineral contained in the building structure. Among the approximately 12,000 cases of mesothelioma described in the fourth report of the National Mesothelioma Register, 11 cases of primary school teachers are reported, in spite of the fact that the "catalogue of asbestos use" does not describe circumstances of asbestos exposure other than or different to that due to asbestos contained in the buildings. Four cases in the Brescia Provincial Mesothelioma Register are identified as teachers, without this circumstance of exposure.

OBJECTIVES:

To characterize the asbestos concentration and fibre type retained in the lungs of a teacher reported as a new mesothelioma case and preliminarily classified as of unknown asbestos exposure.

METHODS:

The mesothelioma case presented here was diagnosed at age 78 and malignant mesothelioma was confirmed at autopsy; the patient was interviewed directly for occupational history. Samples of lung parenchyma from necropsies were collected, stored and analyzed by scanning electron microscope (SEM) and samples of DAS paste were analyzed by SEM to detect asbestos fibre content.

RESULTS:

It was possible to confirm past exposure to DAS paste in forming and finishing dry items and toys during school recreational activity almost every day from the mid-60s to about the mid-70s. Subsequent SEM analysis showed: i) chrysotile fibres were found in an old and unused pack of DAS paste; ii) a lung burden of 1,400 asbestos bodies, 310.000 total asbestos fibres (33% chrysotile, 67% amphibole) and 210.000 talc fibre per gr/dry lung tissue was detected from necropsies performed on the subject. These results seem to be in agreement with an occupational exposure to asbestos due to past use of DAS paste. After the investigation, this case was reclassified from "unknowun" to " sure" occupational asbestos exposure. The occupational origin of the tumour was recognized by the Italian Workers' Compensation Authority (INAIL).

CONCLUSION:

This case suggests i) the need to carry out any possible detailed studies of the circumstances and exposure sources whenever any mesothelioma case is classified as "asbestos exposure unknown", according to the guidelines of the National Mesothelioma Register, ii) handling of DAS paste can be considered as sure asbestos exposure and iii) it should be borne in mind that mesothelioma cases can occur even after cumulative low, occupational exposure, even only to chrysotile.

PMID: 27015029 [PubMed - as supplied by publisher]

Med Lav. 2016 Mar 24;107(2):141-147.

[Article in Italian]

Barbieri PG1, Somigliana A, Girelli R, Lombardi S, Sarnico M, Silvestri S.

Author information

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See also:

CPSC and Milton Bradley Co. Recall "Fibro-Clay"

FOR IMMEDIATE RELEASE
March 1983
Release # 83-012

Washington, D.C. -- The Consumer Product Safety Commission and the Milton Bradley Company of Springfield, Massachusetts, have been advised that asbestos has been found in packages of Milton Bradley's "Fibro-Clay", a school art modeling compound used to make paper mache'. The company is voluntarily recalling the product.

The Commission is taking immediate action to assure that manufacturers have not resumed using asbestos in this or any similar school art supplies and to assure that no additional lots of the old products containing asbestos exist. This will be accomplished through a nationwide sampling and testing program of distributors of this type of product.

Milton Bradley made Fibro-Clay from 1967 until 1975, when it ceased manufacture of the product. The firm stated that no asbestos has been used in the formula since 1972, and that the quantity sold by its Educational Division was relatively small.

Schools and consumers are advised to stop using Milton Bradley Fibro-Clay, even through the presence of asbestos may be limited to only a small percentage of this product. The Commission recommends placing the product in a plastic bag , trying to disturb the product as little as possible, and cleaning any areas contacted by the Fibro-Clay with water.

Asbestos has been shown to cause cancer of the lung and other organs according to studies of workers and others exposed to asbestos. The Commission is concerned that children in schools where Fibro-Clay is used might be exposed to airborne asbestos in view of the powdered composition of the product. School authorities in Wayne, New Jersey, recently identified asbestos in Fibro-Clay.

The Commission has been alerted to this matter by a WCBS-TV broadcast in New York City and by a letter from Dr. Irving J. Selikoff, a Professor at the Mount Sinai Medical Center in New York City, describing recent tests of the product he conducted.

For further information, consumers may call the Milton Bradley Company (413) 525-6411, or the Consumer Product Safety Commission's toll-free Hotline on 800-638-CPSC. A teletypewriter number for the hearing impaired is (301) 595-7054.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to help ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals -– contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.

Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.

Related Articles

Asbestos Found in Toys Still Being Sold (gelmans.com 11/30/2007)

Company Recalls clay that contains asbestos (AP 3/19/1983)

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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 occupational accidents and illnesses.

Occupational Exposure to Lead Continues to be a Serious Health Issue

The California Department of Health has reported that the workers' occupational exposure to lead continues to be a serious public health issue.

"According to a report released in January by the California Department of Public Health, more than 6,000 California workers have elevated levels of lead in their blood. Health problems from lead exposure include heart disease, reproductive problems, cognitive difficulties and kidney failure. 

"From 2012 to 2014, 38,440 workers had their blood tested for lead, and 6,051 workers were identified with an elevated level of 5 or more micrograms of lead per deciliter (about 3.3 ounces) of blood. Workers with the highest blood lead levels — 40 micrograms or more per deciliter — mostly worked at shooting ranges or in ammunition manufacturing, gun repair, and firearm instruction, although some worked in other metal industries, painting and construction.

One of the most common health problems for American children today is lead poisoning. The Center for Disease Control and Prevention has indicated that lead poisoning is entirely preventable. Our office has joined with other law firms to dedicate our efforts to the victims of childhood lead poisoning. In this effort we work with leading national researchers, including geochemists, psychiatrists, toxicologist, pediatric neurologists and neuropsychiatrists to assist our clients who suffer from lead poisoning.

Lead is absorbed into the bodies of small children more easily than adults. Human beings are exposed to lead through the ingestion of lead chips, dust, soil and various other means. When lead is ingested by children six years old or younger, the effects are most serious and they effect detrimentally the brains of children that are in developmental stages. Studies have shown that lead, even at low levels, is a neurotoxin and can cause permanent brain damage.

Lead exposure can pose serious dangers to pregnant women and industrial workers. Exposure to battery plants and lead smelters that use lead in their processing may also expose workers and children to dangerous levels of lead. Painters and workers with occupations involving welding, soldering, the chemical industry, foundries, gasoline refineries and the copper industry may bring dust home from the workplace resulting in secondhand exposure and poisoning to children.

Lead exposure occurs in both industrial and occupational exposures also. There is exposure to lead in battery plants and lead smelters they utilize lead in their processing. Adult workers may be exposed and children may be exposed to dangerous levels through the household contact of their parents. Painters and workers involved in occupational industries such as welding, soldering, the chemical industry, boundaries, gasoline refineries and that copper industry may transport landed home and expose their household contacts.

Click here to read the complete report. "Blood Lead Levels in California Workers." 

Click here to read more about "Lead Litigation."

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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 theLaw 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.

Hearing Loss Remains a Significant Problem at Work

Today's post is shared from the cdc.gov:

"Noise-induced hearing loss is a significant, often unrecognized health problem among U.S. adults. Discussions between patients and personal health care providers about hearing loss symptoms, tests, and ways to protect hearing might help with early diagnosis of hearing loss and provide opportunities to prevent harmful noise exposures. Avoiding prolonged exposure to loud environments and using personal hearing protection devices can prevent noise-induced hearing loss."

Noise-induced hearing loss is a significant health problem among U.S. adults, is more prevalent among males, and increases with age. Persons with auditory damage caused by noise frequently do not recognize it; one in four U.S. adults who reported excellent or good hearing had an audiometric notch. Among persons who reported work exposure to loud noise, one third had a bilateral or unilateral notch.

Noise exposure is the second most common cause of acquired hearing loss (after aging). An estimated 24% of hearing loss in the United States has been attributed to workplace exposures. Noise exposure is associated with numerous adverse health effects, and reducing noise exposure is likely to improve health. A recent study suggested that reducing environmental noise exposure might save lives by decreasing the prevalence of cardiovascular heart disease (10). Avoiding exposure to loud environments and effective use of personal hearing protection devices (earplugs or earmuffs) have been shown to prevent hearing loss. Evidence also exists that stronger occupational regulation leads to decreased noise levels . Persons who already have impaired hearing from noise exposure can benefit from clinical rehabilitation, such as amplification through hearing aids, learning to read lips, and other compensation strategies. Use of technology, such as smart phone apps to measure sound level, provides new ways of informing decisions and actions.

Noise reduction and avoidance can prevent hearing loss or slow its progression. This can be accomplished by avoiding high volumes on personal listening devices; reducing listening time to high volumes of music; taking breaks from exposure; requesting lower volumes in public settings (restaurants, movie theaters); using quieter products (e.g., household appliances, power tools, recreational vehicles); reducing equipment noise by replacing worn or unbalanced machine parts; moving as far as possible from the loudest sound-producing source, such as loudspeakers or cannons at college stadiums; and using hearing protection devices ). Hearing protectors need to fit well to reduce noise exposure effectively.

Noise exposure at younger ages needs particular attention. Damage to hearing accumulates over time so that hazardous exposure that begins earlier in life has the potential to be more damaging as persons age. The high prevalence of audiometric notches (one in five) among persons aged 20–29 years suggests that early life interventions need to be developed.

Hearing screenings can help reduce delays in diagnosis and improve access to hearing aids for those with hearing loss, thus improving health-related quality of life, yet a 2014 report found that only 46.0% of adults who had any trouble hearing had seen a health care professional about their hearing in the past 5 years (5). Hearing loss often progresses for years before being self-perceived or diagnosed. Talking to one’s personal health care provider about hearing loss symptoms, tests, and ways to protect hearing, might support early diagnosis and access to hearing rehabilitation if needed.

During routine exams, primary care providers can examine patients’ hearing; ask about patients’ hearing and noise exposures and inform them about the benefits of hearing protection; monitor patients with hearing loss symptoms, recommend or provide hearing tests when indicated; and counsel patients with hearing loss. Studies indicate, however, that 40%–77% of primary care providers have not asked about or screened for hearing loss. Patients reporting hearing-related symptoms or risk factors such as noise exposure need to be referred for objective hearing assessment., Although there is currently a lack of data to support the benefits of regular hearing screening in adults aged >50 years, the American Speech-Language-Hearing Association (ASHA) recommends that adults be screened at least every decade through age 50 years and every 3 years thereafter. Healthy People 2020 includes objectives to increase the proportion of adults who have had a hearing examination in the past 5 years and to increase the number referred by their health care provider for hearing evaluation and treatment.

Although there are no federal regulations regarding exposure to nonoccupational noise, a 1974 Environmental Protections Agency report identified 70 dB over 24 hours (75 dB over 8 hours) as the average exposure limit for intermittent environmental noise. World Health Organization (WHO) 1999 Guidelines for Community Noise recommend avoiding noise exposure levels that exceed 70 dB(A) over a 24-hour period or 85 dB(A) over a 1-hour period. CDC’s National Institute for Occupational Safety and Health (NIOSH) has established an 8-hour, time-weighted average 85 dB(A) recommended exposure limit to protect most workers from developing hearing loss from noise exposure over a 40-year career. However, at that sound pressure level [85 dB(A) time-weighted average], approximately 8% of workers could still develop hearing loss, and thus NIOSH recommends that hearing protection be worn whenever noise levels exceed 85 dB(A), regardless of the length of exposure.

The U.S. Department of Health and Human Services (DHHS) and WHO are raising awareness about noise-induced hearing loss. DHHS is collecting data on hearing status and risk factors, as well as developing guidelines on hearing aids. WHO is developing guidelines on noise exposure. Other public entities, such as states and counties, partner with community groups to reduce noisy environments and use evidence to inform policies that decrease noise exposures. Other ways to reduce environmental noise exposure include using sound-absorbent materials in office buildings and public venues, erecting highway barriers, and passing noise ordinances. Managers and owners of public venues can decrease the loudest sound levels at those locations to help decrease noise exposure.

Click here to read the complete article.

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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.

Related Articles:

Exposure to Cadmium and Lead Linked to Hearing Loss Aug 6, 2012 ... Workers suffering from noise-induced hearing loss may also experience continual ringing in the ears, called "tinnitus". In addition, workers who ... idoctor-health.blogspot.com

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Building A Workers' Compensation System That Works Jan 24, 2009 ... Hearing calendars have been reduced because of lack of personnel to ... ( among other changes) The In 1995 Act 1 reformed the hearing loss ... idoctor-health.blogspot.com

Workers' Compensation: Toxic Lead Exposure Results in OSHA ... Mar 29, 2013 ... "OSHA's standards must be followed to protect workers from exposure that can lead to lead-related illness and occupational hearing loss.". idoctor-health.blogspot.com

Silca: New US DOL Rule to Protect Workers

The U.S. Department of Labor's Occupational Safety and Health Administration today announced a final rule to improve protections for workers exposed to respirable silica dust. The rule will curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America's workers by limiting their exposure to respirable crystalline silica.

"More than 80 years ago, Labor Secretary Frances Perkins identified silica dust as a deadly hazard and called on employers to fully protect workers," said U.S. Secretary of Labor Thomas E. Perez. "This rule will save lives. It will enable workers to earn a living without sacrificing their health. It builds upon decades of research and a lengthy stakeholder engagement process - including the consideration of thousands of public comments - to finally give workers the kind of protection they deserve and that Frances Perkins had hoped for them."

OSHA estimates that when the final rule on Occupational Exposure to Respirable Crystalline Silica becomes fully effective, it will save more than 600 lives annually and prevent more than 900 new cases of silicosis - an incurable and progressive disease - each year. The agency also estimates the final rule will provide net benefits of about $7.7 billion per year.

"The previous exposure limits were outdated and did not adequately protect workers," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Limiting exposure to silica dust is essential. Every year, many exposed workers not only lose their ability to work, but also to breathe. Today, we are taking action to bring worker protections into the 21st century in ways that are feasible and economical for employers to implement."

About 2.3 million men and women face exposure to respirable crystalline silica in their workplaces, including two million construction workers who drill and cut silica-containing materials such as concrete and stone, and 300,000 workers in operations such as brick manufacturing, foundries and hydraulic fracturing. Most employers can limit harmful dust exposure by using equipment that is widely available - generally using water to keep dust from getting into the air or a ventilation system to capture dust where it is created.

The final rule will improve worker protection by:

• Reducing the permissible exposure limit for crystalline silica to 50 micrograms per cubic meter of air, averaged over an eight-hour shift.
• Requiring employers to use engineering controls (such as water or ventilation) and work practices to limit worker exposure; provide respiratory protection when controls are not able to limit exposures to the permissible level; limit access to high exposure areas; train workers; and provide medical exams to highly exposed workers.
• Providing greater certainty and ease of compliance to construction employers - including many small employers - by including a table of specified controls they can follow to be in compliance, without having to monitor exposures.
• Staggering compliance dates to ensure employers have sufficient time to meet the requirements, e.g., extra time for the hydraulic fracturing (fracking) industry to install new engineering controls and for all general industry employers to offer medical surveillance to employees exposed between the PEL and 50 micrograms per cubic meter and the action level of 25 micrograms per cubic meter.

The final rule is written as two standards, one for construction and one for general industry and maritime. Employers covered by the construction standard have until June 23, 2017 to comply with most requirements. Employers covered by the general industry and maritime standard have until June 23, 2018 to comply with most requirements; additional time is provided to offer medical exams to some workers and for hydraulic fracturing employers to install dust controls to meet the new exposure limit.

More information is available at https://www.osha.gov/silica/

Related articles

• OSHA launches national dialogue on hazardous chemical exposures and permissible exposure limits in the workplace (idoctor-health.blogspot.com)
• OSHA: 50% of Employers Not Reporting Serious Injuries (idoctor-health.blogspot.com)
• Electronics recycler over-exposes workers to lead, fined more than $56K (idoctor-health.blogspot.com)
• Republic Steel reach comprehensive settlement agreement over safety and health violations (idoctor-health.blogspot.com)
• OSHA finds Elan Chemical of Newark NJ put employees at-risk $72,100 in fines (idoctor-health.blogspot.com)
• OSHA: Wireless Horizon tower collapse results in deaths of 2 cell tower worker (idoctor-health.blogspot.com)

An Increase Predicted of Reported Mesothelioma Cases

Asbestos is a naturally occurring fibrous mineral which was widely used in the manufacture of a variety of products beginning in the late nineteenth century. Although the majority of exposure to asbestos occurred between 1940 and 1980, in occupations such as construction, shipyards, railroads, insulation, sheet metal, automobile repair, and other related fields, exposure continues to this day.

Asbestos fibers are inhaled by workers and remain in the lungs where they can cause disease. Fibers are also inhaled by family members or any other person coming into contact with asbestos wherever it may be.

A recent study predicts that there will be an increase in the number of reported mesothelioma cases in the United States in the future. Therefore the continuing epidemic of workers' compensation claims for mesothelioma will not abate as previously predicted as many exposed workers' and their families seek benefits including medical monitoring.

"Mesothelioma, a rare tumor, is highly correlated with asbestos exposure. Mesothelioma, similar to all asbestos-related diseases, is dose/intensity dependent to some degree, and studies showed the risk of mesothelioma rises with cumulative exposures. Multiple processes occur in an individual before mesothelioma occurs. The impact of mesothelioma in the United States has been continuous over the last half century, claiming between 2,000 and 3,000 lives each year.

"Mesothelioma is a preventable tumor that is more frequently reported as associated with asbestos exposure among men than women. However, the rate of asbestos-associated mesothelioma is on the rise among women due to a better investigation into their histories of asbestos exposure. It is of interest that investigators detected asbestos-associated cases of mesothelioma in women from nonoccupational sources—that is, bystander, incidental, or take-home exposures.

"It is postulated that asbestos-associated mesotheliomas, in both men and women, are likely underreported. However, with the implementation of the most recent ICD-10 coding system, the correlation of mesothelioma with asbestos exposure is expected to rise to approximately 80% in the United States. This study examined the demographic and etiological nature of asbestos-related mesothelioma. Mesothelioma from asbestos exposures: Epidemiologic patterns and impact in the United States, Richard A. Lemen Journal Of Toxicology And Environmental Health, Part B Vol. 19 , Iss. 5-6,2016

"Workers' compensation benefits have been awarded to claimants who have been exposed to asbestos and who have suffered asbestos-related disabilities. Bolger v. Chris Anderson Roofing Co., 112 N.J.Super. 383, 271 A.2d 451 (Co.1970), aff'd 117 N.J.Super. 497, 285 A.2d 228 (App.Div.1971). The courts have recognized an asbestos exposure as causing multiple disabilities, and awards have been made for occupational exposure which has resulted in a “second disease”. Shepley v. Johns-Manville Products Corporation, 141 N.J.Super. 387, 358 A.2d 485 (App.Div.1976). Jon Gelman, Workers Compensation Law, 39 NJ Practice Series 9.20.

The United States has yet to completely ban the use of asbestos and recent regulations to do so have been put on hold by the Trump Administration. In light of the concerns raised by this study, reconsideration of a complete ban of asbestos products in the US should be reconsidered without further delay.

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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.

OSHA Issues FInal Beryllium Exposure Rules

A new rule issued today by the U.S. Department of Labor's Occupational Safety and Health Administration dramatically lowers workplace exposure to beryllium, a strategically important material that can cause devastating lung diseases. The new beryllium standards for general industry, construction and shipyards will require employers to take additional, practical measures to protect an estimated 62,000 workers from these serious risks.

Beryllium is a strong, lightweight metal used in the aerospace, electronics, energy, telecommunication, medical and defense industries. However, it is highly toxic when beryllium-containing materials are processed in a way that releases airborne beryllium dust, fume, or mist into the workplace air that can be then inhaled by workers, potentially damaging their lungs.

Recent scientific evidence shows that low-level exposures to beryllium can cause serious lung disease. The new rule revises previous beryllium permissible exposure limits, which were based on decades-old studies.

"Outdated exposure limits do not adequately protect workers from beryllium exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "OSHA's new standard is based on a strong foundation of science and consensus on the need for action, including peer-reviewed scientific evidence, a model standard developed by industry and labor, current consensus standards and extensive public outreach. The new limits will reduce exposures and protect the lives and lungs of thousands of beryllium-exposed workers."

The final rule will reduce the eight-hour permissible exposure limit from the previous level of 2.0 micrograms per cubic meter to 0.2 micrograms per cubic meter. Above that level, employers must take steps to reduce the airborne concentration of beryllium. The rule requires additional protections, including personal protective equipment, medical exams, other medical surveillance and training, as well. It also establishes a short-term exposure limit of 2.0 micrograms per cubic meter over a 15-minute sampling period.

OSHA estimates that - once in full effect - the rule will annually save the lives of 94 workers from beryllium-related diseases and prevent 46 new cases of beryllium-related disease. Workers in foundry and smelting operations, fabricating, machining, grinding beryllium metal and alloys, beryllium oxide ceramics manufacturing and dental lab work represent the majority of those at risk.

Beryllium exposure is also a concern in other industries. Employees handling fly ash residue from the coal-burning process in coal-fired power plants risk beryllium exposure. In the construction and shipyard industries, abrasive blasters and their helpers may be exposed to beryllium from the use of slag blasting abrasives. Work done in these operations may cause high dust levels and significant beryllium exposures despite the low beryllium content.

To give employers sufficient time to meet the requirements and put proper protections in place, the rule provides staggered compliance dates. Once the rule is effective, employers have one year to implement most of the standard's provisions. Employers must provide the required change rooms and showers beginning two years after the effective date. Employers are also required to implement the engineering controls beginning three years after the effective date of the standards.

The final rule is available today at the Federal Register here.

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Wisconsin shipyard faces nearly $1.4M in OSHA penalties for exposing workers to lead, and other hazards

OSHA finds workers exposed to lead at levels up to 20 times the permissible exposure limit

SUPERIOR, Wis. - Federal health inspectors found Fraser Shipyards Inc. overexposed workers to lead during the retrofitting of a ship's engine room. The U.S. Department of Labor's Occupational Safety and Health Administration's sampling results determined 14 workers had lead levels up to 20 times the exposure limit. The agency also found workers exposed to other heavy metals.


On July 29, 2016, OSHA proposed $1,395,000 in penalties for the Wisconsin shipyard operator. The agency cited 14 willful egregious health violations for each instance of overexposing a worker to lead. OSHA also cited five additional willful violations for failing to conduct monitoring to assess employee exposure to lead, failing to implement a lead compliance program or a respiratory protection program for lead and for failing to provide training on lead and asbestos hazards.

The agency also issued 10 serious violations to the company, and placed Fraser Shipyards in its Severe Violator Enforcement Program for failing to address safety and health hazards.

Interlake Steamship Company of Middleburg Heights, Ohio, contracted Fraser to modernize the Herbert C. Jackson under a $10 million contract. OSHA opened the February 2016 health inspection after receiving multiple complaints of unsafe working conditions.

"Fraser Shipyards accepted a contract with a very low profit margin and penalties for delayed completion, but could not meet the schedule without endangering its workers. This employer was unwilling to pay the necessary costs to protect employees from lead exposure," said Dr. David Michaels, assistant secretary of labor for Occupational Safety and Health. "When companies prioritize profits and deadlines over the health and safety of their workforce, it is the workers who pay the price. Law-breaking employers must be held accountable for their unlawful behavior. "

The agency determined Fraser Shipyards' management knew of the presence of lead and asbestos throughout the vessel. Built in 1959, the ship arrived at the shipyards in December 2015 for a six-month retrofit project. The contract required the company to meet specific deadlines to get the vessel back in service for the summer iron ore shipping season.

"Fraser ignored federal regulations, its own corporate safety manuals and worker concerns," said Ken Atha, OSHA's regional administrator in Chicago. "Such behavior is unacceptable. No worker should be put at risk from exposure to hazards that can cause permanent health issues to meet a contract deadline."

Overexposure to lead can lead to brain damage, as well as gastrointestinal effects, anemia and kidney disease. During its investigation, OSHA conducted personal and bulk sampling in February and March 2016, and found 14 employees were overexposed to lead. The company later conducted blood lead level testing of more than 120 additional employees that showed more than 75 percent of those tested had elevated blood lead levels.

Investigators also found Fraser failed to identify and inform employees of the presence, location and quantity of asbestos containing materials and or presumed asbestos containing material despite having a written asbestos compliance program. They also determined employees performed demolition in several areas of the ship including cutting into piping and equipment, but Fraser did not make workers aware of presence of asbestos in areas where these activities took place. Exposure to asbestos increases the risk of lung cancer and mesothelioma, a cancer of the lining of the lungs and abdomen.

OSHA inspectors also found Fraser exposed workers to iron oxide, arsenic, hexavalent chromium, cadmium and lead hazards while performing torch-cutting and welding procedures because the company failed to provide adequate respiratory and personal protective equipment to limit their exposure to these harmful substances. Fraser also failed to conduct required medical evaluations and exposure monitoring for employees.

The agency also found that Fraser failed to:
Follow respiratory protection requirements, including fit-testing employees, properly cleaning and storing respirators, and training employees on respirator use.
Train workers on arsenic, cadmium, and hexavalent chromium hazards.
Protect workers from cumulative overexposures to heavy metals and overexposures to iron oxide.
Enroll employees exposed to lead in a medical surveillance program.
Conduct monitoring to assess employee exposure to arsenic, cadmium, and hexavalent chromium.
Provide fall protection.

View current citations here.

This is not first time federal inspectors have found workplace hazards at Fraser. OSHA cited the shipyards for exposing workers to asbestos hazards in 2000 and for multiple lead violations in 1993. Since 1972, the agency has inspected Fraser 28 times. The workers' compensation carrier for Fraser is Arch Insurance Company in Jersey City, New Jersey.

At the time of the 2016 inspection, Fraser had a seasonal workforce of about 190 employees. The International Brotherhood of Boilermakers from Locals #107 in Milwaukee, #117 in Superior and #647 in Minneapolis represent many of the workers. Established in 1889, Fraser offers full shipyard services at its facility on Lake Superior. Capstan Corporation, a holding company based in Duluth, Minnesota, owns the shipyards.

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independentOccupational Safety and Health Review Commission.

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.

According to the report, industry funding of the $142 billion in net A&E exposures has reached approximately $124 billion, broken out by $98.1 billion in cumulative paid-to-date losses and $26.3 billion in reserves set aside for future payments. This translates into a funding rate of 88% of ultimate A&E exposures, or approximately $85 billion of asbestos funding (85% funded) and $40 billion of environmental funding (94% funded).

A.M. Best utilizes a combination of three approaches when evaluating an insurer’s A&E reserve adequacy: historic premium market share, post-1990 paid loss share (1991–2015) and three-year survival ratios. Consistent with historical trends, the industry has continued to pay out more losses than it has incurred (funded) since 2006, paying out $16.7 billion for asbestos and environmental claims over the past five years, while incurring $13.5 billion in losses. The industry has incurred $10.5 billion in asbestos losses over the past five years, while paying out $12.7 billion. A&E reserves have not declined by a significant amount, but they have decreased in nine of the past 10 years, including a 2.9% fall in 2015, with the only exception being a slight uptick in 2010.

A.M. Best believes the property/casualty industry’s asbestos losses will continue to be an issue given an unstable environment faced with evolving litigation, increasing secondary exposure cases and an increase in life expectancy. Asbestos losses continue to dominant the discussion around the industry’s A&E exposures, comprising more than 80% of total A&E liabilities. However, it is extremely difficult to quantify the industry’s ultimate loss exposure, given the evolving nature of asbestos litigation, tort reform and the growing incidence of lung cancer being linked to asbestos exposure. A.M. Best will continue to monitor asbestos litigation and losses and will periodically revisit its benchmarks as needed.

"Workers' compensation benefits have been awarded to claimants who have been exposed to asbestos and who have suffered asbestos-related disabilities. Bolger v. Chris Anderson Roofing Co., 112 N.J.Super. 383, 271 A.2d 451 (Co.1970), aff'd 117 N.J.Super. 497, 285 A.2d 228 (App.Div.1971) .The courts have recognized asbestos exposure as causing multiple disabilities, and awards have been made for occupational exposure which have resulted in a “second disease”. Even where the exposure to asbestos can be identified as occurring 50 years earlier in the course of the employment, the resultant disease has been recognized as compensable. Even if the employee's widow had knowledge of the asbestos-related disease and its relationship to the employee's disability during his lifetime, in a dependency claim, the Statute of Limitations does not bar a claim until two (2) years after the date of death of the employee." Gelman, Jon L., 38 N.J. Prac., Workers' Compensation Law § 9.20 (3d ed.)

Related Articles:

US EPA Moves to Ban Asbestos 12.01.2016

…

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.

Human exposure to carbon nanotubes and the carcinogenic consequences

As the application of carbon nanotubes (CNT) in consumer products continues to rise, studies have expanded to determine the associated risks of exposure on human and environmental health. In particular, several lines of evidence indicate that exposure to multi-walled carbon nanotubes (MWCNT) could pose a carcinogenic risk similar to asbestos fibers. However, to date the potential markers of MWCNT exposure are not yet explored in humans.


In the present study, global mRNA and ncRNA expression profiles in the blood of exposed workers, having direct contact with MWCNT aerosol for at least 6 months (n = 8), were compared with expression profiles of non-exposed (n = 7) workers (e.g., professional and/or technical staff) from the same manufacturing facility.

Significant changes in the ncRNA and mRNA expression profiles were observed between exposed and non-exposed worker groups. An integrative analysis of ncRNA-mRNA correlations was performed to identify target genes, functional relationships, and regulatory networks in MWCNT-exposed workers. The coordinated changes in ncRNA and mRNA expression profiles revealed a set of miRNAs and their target genes with roles in cell cycle regulation/progression/control, apoptosis and proliferation. Further, the identified pathways and signaling networks also revealed MWCNT potential to trigger pulmonary and cardiovascular effects as well as carcinogenic outcomes in humans, similar to those previously described in rodents exposed to MWCNTs.

This study is the first to investigate aberrant changes in mRNA and ncRNA expression profiles in the blood of humans exposed to MWCNT. The significant changes in several miRNAs and mRNAs expression as well as their regulatory networks are important for getting molecular insights into the MWCNT-induced toxicity and pathogenesis in humans. Further large-scale prospective studies are necessary to validate the potential applicability of such changes in mRNAs and miRNAs as prognostic markers of MWCNT exposures in humans.

Click here to read more: Shvedova AA, Yanamala N, Kisin ER, Khailullin TO, Birch ME, Fatkhutdinova LM (2016) Integrated Analysis of Dysregulated ncRNA and mRNA Expression Profiles in Humans Exposed to Carbon Nanotubes. PLoS ONE 11(3): e0150628. doi:10.1371/journal.pone.0150628

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