Category Archives: Uncategorized

Essential Transportation Employee Safety Act

The Essential Transportation Employee Safety Act was introduced by Senators Maria Cantwell (D-Wash.), Edward J. Markey (D-Mass.) and Richard Blumenthal (D-Conn.) on February 8, 2021. The legislation, endorsed by U.S. transportation labor unions, would address workplace safety for essential transportation workers.

The Essential Transportation Employee Safety Act is endorsed by the International Brotherhood of Teamsters and the Transportation Trades Department–AFL-CIO (TTD). The legislation would provide priority access to PPE and coronavirus testing for essential transportation workers, including those working on airplanes, trains, and other forms of state and local public transportation.

Safety for these essential workers would be ensured through requirements that employers implement critical health and safety measures, including disinfection and sanitization of equipment and facilities used by transportation workers. The bill summary can be found here. The full text of the legislation can be found here.

How to File a Claim for COVID-19

Our suggestion to those that are diagnosed with COVID-19, and believe that they were exposed to the Coronavirus on the job, especially as a healthcare worker or first responder, is to file a claim with the Department of Labor and Industries. A claim can be:

  • Filed online
  • By phone: 1-877-561-FILE (3453)
  • At your doctor’s office (if you complete the Report of Accident at your doctor’s office, the doctor files the form for you)

You can watch a DLI video that describes the process for filing a claim if you need more information about the process.

What to Do if Your Claim is Denied

As with any claim decision, the Department of Labor and Industries will issue an Order and Notice stating that your claim was denied. You have sixty (60) days within which to file a written protest or appeal if you disagree with the decision. A protest can be faxed, mailed or submitted to the Department online. If no protest or appeal is filed within 60 days from the date you received the order, the decision becomes final and binding on all parties.

If you have questions or if your claim should be denied, please feel free to contact our firm for assistance. We offer a free case analysis, and would be happy to discuss the circumstances you are facing with you.

Prior Posts on Related Topics

Coast Guard Bulletin – Corona Virus

The United States Coast Guard has issued a Marine Safety Information Bulletin (MSIB) concerning the Novel Coronavirus outbreak. Read the full Coast Guard bulletin, excerpted below, here.

This information is provided as notice of measures being taken to protect us from this virus. It is not intended to stoke fear or spur actions.

This Coronavirus is Different

An outbreak of respiratory illness caused by a novel coronavirus (2019-nCoV) may affect mariners and maritime commerce. 2019-nCoV was first detected in Wuhan, People’s Republic of China and has since spread globally (see https://go.usa.gov/xdbS9). There are several known coronaviruses that infect people, usually causing only mild respiratory symptoms similar to the common cold. However, 2019-nCoV appears capable of causing illness that is more serious. Signs and symptoms include fever, cough, and difficulty breathing.

Maritime Traffic Rules
  • Per 42 CFR 71.21, vessels destined for a U.S. port are required to report to the CDC any sick or deceased crew/passengers during the 15 days prior to arrival at a U.S. port. Guidance to vessels on reporting deaths and illnesses to the CDC can be found here.
  • The Coast Guard will continue to review all “Notice of Arrivals” in accordance with current policies and will communicate any concerns stemming from sick or deceased crew or passengers to their Coast Guard chain of command and the cognizant CDC quarantine station, who will coordinate with local health authorities.
  • Passenger vessels or any vessel carrying passengers that have been to China (excluding Hong Kong and Macau) or embarked passengers who have been in China (excluding Hong Kong and Macau) within the last 14 days will be denied entry into the United States. If all passengers exceed 14 days since being in China (excluding Hong Kong and Macau) and are symptom free, the vessel will be permitted to enter the United States to conduct normal operations. These temporary measures are in place to safeguard the American public.
  • Non-passenger commercial vessels that have been to China (excluding Hong Kong and Macau) or embarked crewmembers who have been in China (excluding Hong Kong and Macau) within the last 14 days, with no sick crewmembers, will be permitted to enter the U.S. and conduct normal operations, with restrictions. Crewmembers on these vessels will be required under COTP authority to remain aboard the vessel except to conduct specific activities directly related to vessel cargo or provisioning operations.

Prior Post: COVERAGE CROSSROADS – WHAT TYPE OF CLAIM DO YOU HAVE?

Our Office is Moving – Upstairs!

We will close Friday & Monday, February 21 and 24, 2020, as our office is moving. We will process mail and checks both days, and will monitor our email and voice mail periodically. We will return to regular business on Tuesday, February 25th.

Our new offices are upstairs in our current building, at 2601 4th Avenue in Suite 700. All phone/fax numbers and email addresses remain the same. Our mailing address, at our Post Office box, also remains the same.

The new space is similar in design to our current offices, but is bigger and gives us room for growth as that occurs. We are upgrading our internet and phone system, as well.

Thank you for your patience during our move. We look forward to sharing our new space with you soon!

Hybrid Electric Ferries for Washington State

Elliott Bay Design Group Selected to Design Hybrid Electric Ferries for Washington State

Press Release – Elliott Bay Design Group (EBDG) was recently selected by Vigor Fab as the engineering firm that will provide functional design for the new hybrid electric ferries (Olympic Class) for Washington State Ferries (WSF).  EBDG is responsible for redesigning the vessels to accommodate the major change in propulsion type without disrupting structural components.  The ferries will operate on all-battery power during crossings or can revert to a hybrid, diesel-electric propulsion if required.  Battery recharging will typically occur dockside at the terminals during offloading/loading procedures.

Earlier this year, Washington State’s Legislature authorized a contract extension for Vigor to build up to five hybrid electric versions of their 144-vehicle Olympic Class.  The new-build authorization is a direct result of the 2040 Long Range Plan that identified the initial aspects of vessel and terminal electrification.  EBDG was a participant of the plan and is now leading the effort for an additional, supporting addendum – the WSF System Electrification Plan.  The System Electrification Plan will identify a detailed plan for deploying hybrid electric vessels throughout the ferry system.

EBDG brings a unique advantage to the project team with experience gained from design work on the last twenty vessels built for WSF.  Further, EBDG has been a major contributor to WSF’s electrification efforts thus far by supporting hybrid feasibility studies and life-cycle cost analyses for both the Jumbo Mark II and Olympic Class ferries.  “We have supported WSF with naval architecture and engineering support since 1992,” states Brian King, President of Elliott Bay Design Group.  “Our involvement in the hybridization of the ferries is a natural progression that we are immensely proud to be a part of,” King reflects.

Washington State Ferries operates the largest ferry system in the United States, with 23 vessels, 20 terminals and 23 million passengers.  The new ferry will utilize hybrid-electric propulsion, tapping clean Northwest hydropower.  The hybrid-electric design phase is underway with construction expected to begin in 2020 and delivery of the first vessel in late 2022.  The vessel is expected to be the largest new-build battery-powered ferry in North America.

See more information about this project: Washington State Ferries – Hybrid-Electric Propulsion Conversion Project

ABOUT ELLIOTT BAY DESIGN GROUP
Elliott Bay Design Group LLC is an employee-owned company with offices in Seattle, New Orleans, Ketchikan and New York that provides naval architecture, marine engineering and production support services to owners, operators and shipyards across the country.  Our team of professionals assist operators with determining the feasibility of hybrid and electric propulsion systems.  We engineer custom solutions based on each operator’s unique profile to maximize their return on investment.

For more information, please visit www.ebdg.com.

Chase for Talent Pushes Tech Giants Far Beyond West Coast

Today’s post was shared by Jon L Gelman and comes from www.nytimes.com

The current Apple campus in Austin, Tex. The company is planning a new 133-acre campus there that will initially have 5,000 workers. Tamir Kalifa for The New York Times

SAN FRANCISCO — This generation’s biggest technology companies — including Apple, Amazon and Google — have long been tied to their hometowns. Now these giants are increasingly outgrowing their West Coast roots.

Driven by a limited pool of skilled workers and the ballooning cost of living in their home bases of Silicon Valley and Seattle, as well as President Trump’s shifting immigration policies, the companies are aggressively taking their talent hunt across the United States and elsewhere. And they are coalescing particularly around a handful of urban areas that are already winners in the new knowledge-based economy, including New York City, Washington, Boston and Austin, Tex.

This eastward expansion accelerated on Thursday when Apple said it would build a $1 billion campus in Austin, expanding its presence there to over 11,000 workers and becoming the area’s largest private employer. The decision followed Amazon’s highly publicized selection of Queens and Arlington, Va., last month for new offices that would house at least 50,000 employees. Google, too, is shopping for more real estate in New York that could enable it to more than double its work force of 7,000 in the city.

“They’re expanding out,” said Mark Zandi, chief economist at…

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What is talc, and why is asbestos relevant?

Today’s post was shared by Jon L Gelman and comes from www.nytimes.com

Some products currently containing talc among their listed ingredients. Jens Mortensen for The New York Times

Nearly 12,000 women have sued Johnson & Johnson, with most claiming the talc in its well-known product Johnson’s Baby Powder caused their ovarian cancer. They now have a new potential legal front.

In a recent case, a group of plaintiffs argued that the talc was contaminated with asbestos, a carcinogen considered unsafe at any level of exposure. A jury agreed with them, and awarded them $4.69 billion in damages in July.

The carcinogen has been a concern inside the company for decades. In hundreds of pages of memos reviewed by The New York Times, executives worried about a potential government ban of talc, the safety of the product and a public backlash over Johnson’s Baby Powder, a brand built on a reputation for trustworthiness and health.

What is talc, and why is asbestos relevant?

Talc is a mineral in clay mined from underground deposits. It’s the softest mineral known to man and that makes it useful in a wide range of consumer and industrial products.

Asbestos is also found underground, and veins of it can often be found in talc deposits, leading to a risk of cross-contamination, geologists say.

Are any other consumer products made with talc?

Talc is used in many cosmetics: lipstick, mascara, face powder, blush, eye shadow, foundation and even children’s makeup. In the list of ingredients, it can be listed as talc, talcum or talcum…

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How Freaked Out Should We Be by the Possibility That There Was Asbestos in Baby Powder?

Today’s post was shared by Jon L Gelman and comes from slate.com

It's a bottle of Johnson & Johnson baby powder
It’s a bottle of Johnson & Johnson baby powder

Recent blockbuster investigations from Reuters and the New York Times allege that for decades, there was asbestos lurking in bottles of Johnson & Johnson baby powder, that the company knew about it, and that it did not share that information with the public. It sounds terrible: A cover-up, a mineral that can cause cancer after even tiny amounts of exposure, and a contaminated product that is marketed for use on infants. And it is terrible. But none of the reports answered the fundamental question for consumers: If you’ve used Johnson & Johnson baby powder on yourself or your children, just how scared should you be?

Over the last six days, I talked to two experts in the fields of environmental and occupational health, and consulted a slew of papers and fact sheets from independent sources. And while they all agree that the news reports are concerning, the topline takeaway is that individual consumers don’t have to worry as much as the terrifying word salad of “asbestos baby powder” would suggest.

Let’s back up. The Reuters investigation is pegged to the story of Darlene Coker, who sued Johnson & Johnson in 1997, and alleged that the company’s baby powder had given her a rare form of cancer, mesothelioma, which is closely linked to asbestos. Coker lost her case due to a lack of evidence to support the claim that the company’s baby powder contained any amount of the…

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The Workplace is Getting Safer – The Future of Workers’ Compensation

Today’s post was shared by Jon L Gelman and comes from workers-compensation.blogspot.com

The US Bureau of Labor Statistics has confirmed the steady decline in accidents and injuries on the job. They have declined for 14 years. This data mirrors the steady decline of workers’ compensation claims and the change of the US workplace from a manufacturing to service.

The question remains whether this trend will continue going forward given the elimination of US regulations about industrial and environmental pollution. Also, a major factor is that the workplace and the nature of work are changing in a computerized and robotic culture. As machines replace workers, compensation systems become more difficult to navigate, and what constitutes employment status versus independent contractor changes, the entire workers’ compensation system will be challenged to the core.

"There were approximately 2.8 million nonfatal workplace injuries and illnesses reported by private industry employers in 2017, which occurred at a rate of 2.8 cases per 100 full-time equivalent (FTE) workers, the U.S. Bureau of Labor Statistics reported today. Private industry employers reported nearly 45,800 fewer nonfatal injury and illness cases in 2017 compared to a year earlier, according to estimates from the Survey of Occupational Injuries and Illnesses (SOII).

  • The 2017 rate of total recordable cases (TRC) fell 0.1 cases per 100 FTE workers to continue a pattern of declines that, apart from 2012, occurred annually since 2004. (See chart 1.)
  • The rates for different types of cases—days…

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Upcoming documentary will highlight health risks of asbestos

Today’s post was shared by Jon L Gelman and comes from www.bgdailynews.com

Upcoming documentary will highlight health risks of asbestos
Upcoming documentary will highlight health risks of asbestos

Western Kentucky University graduate Bryan Lemon said he encountered some of the strongest people he’s ever known while making “Dirty Laundry,” a documentary about people affected by mesothelioma.

“These people are some of the most positive individuals for having something so horrific happen to them,” said Lemon, one of two WKU graduates who produced the film, which will be screened at Van Meter Hall at 6 p.m. Nov. 13. The event is free.

After mesothelioma, a form of cancer caused by exposure to asbestos, killed their 90-year-old grandmother, cousins Conor Lewis and Zack Johnson set off on bicycles across the country in an effort to find answers.

Their journey features surviving family members, doctors, activists and communities still living with active, toxic asbestos sites, according to a news release.

Lewis, the film’s director and producer, graduated from WKU’s art department in 2012 and began a career in digital media in St. Louis, where he grew up, the news release said. Lemon, who graduated from WKU’s photojournalism program in 2012, works as a photographer for WKU public affairs and contributed to the film as a producer and writer.

The film, which has been shown at 10 film festivals, was shot between August and October 2016 and produced the following year. It debuted at its first film festival in March, Lemon said.

“Reception has been really…

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