The U.S. Supreme Court
decided that a workers compensation insurer's decision to withhold
payment and seek utilization review of the reasonableness and necessity of particular
medical treatments is not state action and does not subject the insurer to the Fourteenth
Amendment's constraints. The plaintiffs had claimed that workers' compensation benefits
are a public function, and that such review constituted a threat to the health and safety
of injured workers. The National Association of Independent Insurers praised the decision
claiming that "the main reason a provider would not continue treatment is that they
may have some doubt about its effectiveness and whether it would withstand review."
Judge Rehnquist wrote that while injured workers have a right to reasonable and necessary
medical treatment, insurers cannot be "required to pay for patently unreasonable,
unnecessary and even fraudulent medical care without any right, under state law, to seek
reimbursement from providers.''
The nations
largest health care union, the Service Employees International Union (SEIU)
is campaigning to introduce safe needle legislation in 19 states across the country.
Encouraged by legislation passed in California which requires all health care facilities
to use safer needles, the union is lobbying legislators in other states to introduce
similar bills. Legislation has already been introduced in Maryland, Florida, New Jersey,
Massachusetts, Montana, Indiana, Illinois and Washington.
OSHA, NIOSH and the
FDA issued a joint warning to health care workers and their employers about
the dangers associated with accidental breakage of glass capillary tubes when the tubes
are inserted into putty for sealing and during centrifugation. These incidents can expose
personnel to bloodborne pathogens such as HIV and the hepatitis B and C viruses. The
broken glass fragments also may cause lacerations which exacerbate the exposure.
Researchers from the
Washington-based Institute for Evaluating Health Risks found no link between
cancer deaths and PCBs in a 31-year study of people who worked at General Electric plants
in upstate New York. Even though many of the subjects had high levels of the chemicals in
their blood, they did not have a higher-than-usual risk of dying from cancer. PCBs have
been banned for more than 20 years because they are believed to cause cancer.
A study by Applied
Epidemiology Inc. claims that mortality rates from liver and biliary tract
cancers and connective and soft tissue cancers were significantly higher among vinyl
chloride production workers employed before 1972 than in the general population. The study
followed men for at least 20, and as long as 50 years after they were first employed in
the vinyl chloride industry. The liver cancer rate was three times higher than expected in
a study of more than 10,000 men.
The SmithKline Beecham
Drug Testing Index reports that positive results from workplace drug testing
in the United States have declined 65% in the past decade. Only 4.8% of the 5.7 million
tests performed by SmithKline Beecham Clinical Laboratories in 1998 were reported
positive, down from 13.6% in 1988.
A new publication from
NIOSH suggests practical approaches that can be taken by employers and
employees to prevent workplace stress. The new NIOSH booklet offers employers, human
resources personnel, and workers a practical, easy-to-read resource, with real case
studies, to help them answer three critical questions: What causes job stress, is there a
problem in my workplace, and if so, what can be done to find sensible, meaningful
solutions?" Copies of "Stress
At Work," DHHS (NIOSH) Publication No.
99-101, are available by calling the NIOSH toll-free information number, (800-356-4674).
NIOSH is also warning
fire departments, emergency care and health care employers and workers about
an occupational risk from aluminum attachments or regulators which control the flow of
oxygen from pressurized oxygen tanks or cylinders often used by emergency medical
services, and in health care settings. A number of factors can contribute to the
generation of a fire flash from these aluminum devices during equipment checks or routine
use when the valve on the attached cylinder is opened, releasing a flow of oxygen to the
regulator. The report is posted on NIOSH's World Wide Web page at
www.cdc.gov/niosh/firehome.
The National Technical
Information Service, the federal government's central source for the sale of
scientific and technical information, recently announced the availability of a new CD-ROM
containing numerous reference databases describing chemicals used in the workplace. The
International Chemical Information Database provides a comprehensive, single data bank of
general chemical, industrial hygiene, and safety information. Updated quarterly, ICID has
over 150,000 chemical entries from more than 24 worldwide sources. The CD is available on
the Internet at www.ntis.gov/fcpc.
Researchers at the
Johns Hopkins School of Public Health found that nearly 29 percent of 216
physicians, nurses and other healthcare workers in Maryland state prisons recapped
used syringes, a practice that greatly increases the chances of an accidental
needle-stick. About half said they did not use protective eyewear, masks or clothing while
treating prisoners in spite of knowledge that such risky practices on the job may increase
their chances of contracting blood-borne infections, including AIDS.