Monthly Archives: November 2014

Getting Rid of Old Medications

       Flushing drugs down the toilet is the old way of getting rid of unwanted, expired or unused drugs, but recent studies have shown that this practice harms our environment. Low levels of drugs, such as birth control and anti-depressants among others, are being found in our lakes, rivers and streams and are negatively impacting fish populations and other aquatic life. Long term exposure in our waters can eventually lead to drug-resistant bacteria that will ultimately render our drugs ineffective.

       The U.S. Drug Enforcement Administration has recently released recommended ways to dispose of controlled substances including take-back events, where pharmacies, hospitals or clinics allow you to bring them your unused medications for them to dispose of properly, or mail-back programs and also collection receptacle locations, where you can drop off your unused medications. You can ask your pharmacist about whether any of these programs are offered in your area or contact your city or county’s trash and recycling services. If none of the recommended take-back programs are available in your area you should follow these 3 simple steps to dispose of most medicines in your household trash:

  • Mix medicines (do NOT crush tablets or capsules) with an unpalatable substance such as kitty litter or used coffee grounds; and
  • Place the mixture in a container such as a sealed plastic bag; and
  • Then throw the container in your household trash.

(Before throwing out your empty pill bottle or other empty medicine packaging, remember to scratch out all information on the prescription label to make it unreadable).

 Sources: http://www.fda.gov/Drugs/ResourcesForYou/Consumers/BuyingUsingMedicineSafely/EnsuringSafeUseofMedicine/SafeDisposalofMedicines/ucm186187.htm

http://www.deadiversion.usdoj.gov/fed_regs/rules/2014/2014-20926.pdf

http://www.dec.ny.gov/chemical/45083.html

Photo source: http://www.citizenscampaign.org/campaigns/pharmaceutical-disposal.asp

 

Tips to Prevent Carbon Monoxide Poisoning

-Beware_of_carbon_monoxide-_-_NARA_-_513966The Centers for Disease Control and Prevention (CDC) estimate that at least 430 people die each year from unintentional carbon monoxide poisoning. Several years ago we represented a young lady who was exposed to carbon monoxide (CO) poisoning at a convenience store where she worked. Some repairs were being made to concrete and the workers were using gas-powered tools to cut into the concrete and there was improper ventilation. She collapsed and was taken to the hospital with possible brain damage.

Carbon monoxide is a colorless, odorless and tasteless gas that can severely damage the human body and in some cases it can lead to death. The following tips can protect your family from CO poisoning:

  • Know the symptoms of CO poisoning. These include headaches, dizziness, vomiting, confusion, weakness, blurred vision and nausea. Extreme symptoms include severely impaired mental state, coordination loss, loss of breath, increased heart rate, chest pain and loss of consciousness. Persons experiencing CO poisoning symptoms should be removed from the enclosed environment and taken to a medical professional. Call your local authorities to make a report.
  • Be aware of CO sources in your home. Any gas burning appliance such as a furnace, boiler, gas stove, water heater, fireplace and gas-powered tools can be a CO source. Make sure these types of appliances are serviced regularly to lower the risk of CO poisoning.
  • Don’t put a gas generator in the house, garage or outside your house near a window. Generators have the capability of producing CO levels several hundred times those found in normal automobile exhausts. The CDC recommends that generators should be used at least 20 feet away from your house in a properly ventilated area.
  • Install a CO detector to alert of a possible CO leak.

For more information please visit www.serpefirm.com/personal-injury-blog/.

 

Major Asbestos Violations Result in Fines for Two WA Companies

Today’s post comes from guest author Kit Case, from Causey Law Firm.

The Department of Labor & Industries (L&I) has cited two employers for violations that exposed workers to asbestos during the demolition of a Seattle apartment building. Asbestos can cause cancer and other fatal illnesses.

An L&I investigation into the Seattle project found a total of 19 willful and serious safety and health violations. As a result, together the businesses have been fined a total of $379,100.

Partners Construction Inc., of Federal Way, was cited for a total of 14 willful and serious violations and fined $291,950. Asbestos Construction Management Inc., of Bonney Lake, was fined $87,150 for five willful and serious violations.

The violations were for asbestos exposure to workers, asbestos debris left on site and other violations that occurred during demolition of an apartment building in the Fremont neighborhood. The three-story, five-unit apartment building was originally constructed with “popcorn” ceilings, a white substance containing asbestos fibers, as well as asbestos sheet vinyl flooring.

Asbestos is an extremely hazardous material that can lead to asbestosis, a potentially fatal disease, as well as mesothelioma and lung cancer. Removal of asbestos-containing building materials must be done by a certified abatement contractor who follows safety and health rules to protect workers and the public from exposure to asbestos. The contractor must also ensure proper removal and disposal of the asbestos materials.

Partners Construction Inc., a certified asbestos abatement contractor at the time, was hired by the building owner to remove the asbestos before the apartment building was demolished.

After several weeks, Partners provided the building owner with a letter of completion indicating that all asbestos had been removed. When L&I inspectors responded to a worker complaint, the inspectors found that the removal work had not been done and approximately 5,400 square feet of popcorn ceiling remained throughout, as well as asbestos sheet vinyl flooring.

Partners came back to finish the abatement work; however, due to a prior history of willful violations, L&I was in the process of revoking Partners’ certification to do asbestos abatement work. In May, Partners was decertified and went out of business.

A new company, Asbestos Construction Management Inc. (ACM), owned by a family member of the Partners owner, took over the job using essentially the same workers and certified asbestos supervisor as Partners, and sharing the same equipment.

A subsequent L&I inspection of ACM found many of the same violations as in the Partners’ inspection. L&I has initiated decertification action against ACM.

The employers have 15 business days to appeal the citation.

Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping injured workers and families of those who have died on the job.

For a copy of the citations, please contact Public Affairs at 360-902-5413.

 Photo credit: avlxyz / Foter / CC BY-SA

Ebola Outbreak: Are You Prepared And Protected?

Today’s post comes from guest author Frank Francis, from Pasternack Tilker Ziegler Walsh Stanton & Romano.

I have been carefully following the Ebola outbreak, both the cases in the United States and those around the world. I am saddened to see anyone suffer from this horrible virus, but the preventable infections, including the infection of multiple health care workers in Dallas, are particularly alarming. Health care workers are on the front lines of our fight against this deadly disease and their bravery should be recognized. They are an infected patient’s first point of contact with a hospital and are in close contact with infected patients during their struggle, often having to work with blood and bodily fluids, the primary methods of transmittal. 

The lack of preparation on the part of some of our healthcare institutions has been extensively covered in the news. According to reports from Dallas, the hospital where the first patient was admitted had a complete absence of protocols for caring for patients with Ebola. This lack of preparation has put thousands of people at risk of infection and at least potentially contributed to in the spread of the outbreak in the United States from one patient to at least three. But the failure lies not only with local hospitals, it is also due to a slow and uncoordinated effort by our Federal government.

Even if existing protocols had been followed in Dallas, Dr. Anthony S. Fauci, director of the National Institute of Allergy and Infectious Diseases, admits that the Federal guidelines are inadequate. The Centers for Disease Control is revising its protocol for the treatment of Ebola patients, but the recommended steps will take time to fully implement. The CDC’s current protocol was originally developed by the World Health Organization for the treatment of infected patients in facilities in rural Africa, not in busy American hospitals.

Even before the comprehensive protocols are developed and implemented, our health care workers should to be trained on the basics and given the proper equipment for their own protection. For example, nurses must be trained in and practice the complicated and tedious getting in and out of hazmat suits. Training must happen quickly, as the situation could become dire – as of today we only have 4 hospitals in the United States that are fully equipped with a pre-trained staff. Those hospitals can treat a total of 9 Ebola patients. We are just not equipped for a large domestic Ebola outbreak.

Further, as this CNN video below explains, health care workers are not the only ones at risk. Because Ebola can survive on surfaces like doorknobs, tables and fabrics long after an infected person has touched them, many locations may need to be disinfected in the coming weeks as the true extent of the outbreak becomes known. Just last week a group of airline cabin cleaners at LaGuardia Airport went on strike because of the possible health risks of cleaning surfaces touched by Ebola-infected passengers. Like health care workers, the workers who are in charge of the disinfection process should follow the Federal guidelines once they are released.

 

In addition to the possibility of Ebola infection, working in extraordinarily difficult conditions is highly stressful and the complicated new procedures could lead to injury. We urge all workers to be extremely cautious when training on and implementing new procedures.

If you are a Health Care worker involved in an accident or occupational injury, please consult us regarding your financial and medical rights. Workers are entitled to know about their rights under the law, whether it is from a traumatic injury or from occupational conditions due to repetitive activity at work over time. There are deadlines to filing a claim so please contact Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano, LLP as soon as you can.  

Workers’ Compensation Medicare Set-Aside Accounts and Supplemental Coverage

Medical_Care_Card_USA_SampleWhen an injured worker is a Medicare beneficiary due to age or disability, a Workers’ Compensation Medicare Set-Aside (WCMSA) account is usually required as part of a settlement.  The funds in a WCMSA are set-aside in order to pay for future medical or prescription drug services related to the work related injury, illness, or disease that would normally be covered by Medicare. Once the funds in a WCMSA have been used appropriately, then Medicare will start paying for Medicare-covered services related to the work-related injury, illness, or disease. The WCMSA cannot be used to pay for any medical items or services that Medicare does not normally cover.

Workers’ compensation insurance provides 100% coverage of medical treatment for accepted workers’ compensation medical conditions. Medicare, however, requires an 80/20 sharing of medical costs. Without a Medicare supplemental (also called “Medigap”) insurance policy, the injured worker would be required to pay significant co-pays and deductibles.  Supplemental insurance is not required by Medicare, but may be helpful to cover the cost sharing required by Medicare, especially if the beneficiary has other medical conditions that are not related to the work injury, illness or disease. However, the premiums for such supplemental coverage cannot be paid out of the WCMSA funds.

While Medicare does not provide coverage for prescription medications, WCMSA funds can be used to pay for medications related to the work injury, illness or disease. If there is a likelihood that the injured worker will exhaust the funds in their WCMSA, then purchasing a Medicare Part D prescription drug plan may be advisable to prevent the injured worker from having to pay full price for their medications once the WCMSA funds are exhausted. However, the financial benefit of having this coverage should be weighed against the cost of plan (2013 national average was $30.00 per month) since the WCMSA funds cannot be used to pay for the plan itself.

For more detailed information about WCMSAs and supplemental coverage, visit www.Medicare.gov.

Changes in OSHA’s Incident-Reporting Rules

osha-logoStarting January 1, 2015 the Occupational Safety and Health Administration (OSHA) will enact new changes in its workplace incident reporting rules. These rules will increase the amount of reporting when it comes to hospitalizations caused by workplace injuries, as well as increase accountability and transparency among employers. According to U.S. Secretary of Labor Thomas Perez, the new requirements will “help OSHA focus its resources and hold employers accountable for preventing [workplace injuries and deaths].”

Here are the changes that will soon be in place:

  • Employers must notify OSHA within 24 hours of a workplace injury that led to in-patient hospitalization, amputations or loss of an eye.
  • Employers must notify OSHA of workplace death within eight hours of the incident.
  • More industries will be required to keep OSHA 300 injury and illness records, which will be made available on OSHA’s website. Some of these industries include: specialty food stores, bakeries, automobile dealers, museums, activities related to real estate, and more.
  • All employers must follow these requirements, including those who have been exempt from keeping OSHA records.

If you’d like to learn more about OSHA’s new record keeping and reporting rules, visit the following websites for more details: