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Railroad Crossing Safety Requires "Active" Warning Systems Research shows that a stop sign is the most dangerous type of warning system at a railroad crossing. The safest is an "active" warning system which include flashing lights and gates. Despite this research, the Federal Highway Administration proposes only to require a stop or yield sign at every railroad crossing in the country. Stop signs at railroad crossings pose two types of specific dangers. One is that large vehicles, such as school buses, require about 10-15 seconds to clear a crossing. This may not be enough time to clear the crossing before an oncoming train would arrive, even one that could not be seen when the vehicle began crossing. The second is that some stop signs are placed too far from the crossing to allow a clear line of sight to see if there is an oncoming train. These problems are why the National Cooperative Highway Research Program has strongly and continually recommended that engineering analysis determine the safest warning system at each railroad crossing. The American Association for Justice has urged the FHWA to drop this proposal based on decades of research and experience and its letter may be reviewed here. This proposed agency rule also offers an illustration of the continuing efforts to use the preemption doctrine to insulate corporations from accountability, responsibility and liability. The preemption doctrine would hold that installation of a stop sign and the compliance with federal regulation that it would entail would bar any liability under state law for an unsafe crossing. That is no justice: issue an unsafe federal regulation that encourages dangerous practices and prevents any responsibility or liability. Robert L. Abell Beef Recalled By Whole Foods Beef processed at Nebraska Beef, one of the country's biggest meat processors, was recalled by the Whole Foods Market on Friday. According to a story in the Washington Post, it is the second time in two months that beef processed by Nebraska Beef had to be recalled owing to e coli outbreak concerns, "Whole Foods Recalls Beef Processed At Plant Long at Odds With USDA." Last month more than 5 million pounds of beef processed by Nebraska Beef was recalled following an e coli outbreak in seven states. Over the course of the last six years the USDA and Nebraska Beef have been on a merry-go-round of citations issued by the agency and lawsuits. The citations have been for feces on carcasses, clogged meat wash sinks, and violation of regulations aimed at preventing spread of mad-cow disease, The company has responded with lawsuits accusing the agency with bias. Nebraska Beef was awarded $7.5 million in tax subsidies by the Nebraska state government. This while battling the USDA along with neighbors of the plant who have complained about manure from the plant being strewn in the streets. In 2002, the National Labor Relations Board ruled that Nebraska Beef had violated federal law by its actions to prevent unionization of the plant's workforce. Robert L. Abell State Farm To Pay $74 Million More To Settle Katrina Claims State Farm Insurance Company has agreed to pay an additional $74 million to settle a lawsuit regarding its handling of Hurricane Katrina claims in Mississippi, Mississippi Attorney General Jim Hood announced Wednesday reports the Jackson Clarion-Ledger. In addition, State Farm has agreed to notify some 150 claimants that their claims may be re-evaluated. Robert L. Abell Consumer Product Safety Whistleblower Protection Passed by Congress Whistleblower protection for employees reporting consumer product safety issues was passed today by Congress as part of the Consumer Product Safety Reform Act. This law, which now awaits President Bush's signature, includes the following provisions:
This law represents an important step
in improving the safety of consumer products. President Bush should
sign the bill. U.S. Needs National Database of Replacement Joints The United States needs to establish a national database, called a joint registry, to collect information on how patients receiving replacement hips or knees progress following surgery. The absence of such a registry causes annually the waste of millions of dollars and untold and unnecessary suffering for patients because of a flawed product or technique. Almost one million Americans each year receive replacement hips or knees. A joint registry would allow problem products or techniques to be more quickly identified and their use ended, which would reduce greatly "do-over" surgeries made necessary by the initial use of a flawed product or technique. Precisely this scenario happened a few years ago in Sweden when a national registry alerted surgeons of a badly-flawed replacement hip and its use was terminated. But in the United States its use continued for many more months generating great and unnecessary expense, not to forget the suffering of recipient patients. A registry would create a continuing monitor beginning with recording for each patient a number, the replacement joint used, the technique used and the doctor performing the surgery. If the patient were to receive a replacement, the information would be recorded as well and this would facilitate identification of problem products and techniques. As a new President and Congress take office in January, they would act wisely to have created a national joint registry. Further information can be gleaned from an excellent article in the New York Times, "A Call For A Warning System On Artificial Joints." Robert L. Abell Congress To Ban Toxins In Childrens' Toys Congress will ban three toxins commonly found in children's toys as part of legislation reforming the Consumer Product Safety Commission, the Washington Post reports ("Lawmakers Agree To Ban Toxins In Children's Items"). The toxins, which have been commonly used in plastic children's toys for decades, can be ingested by acts as simple as a child chewing on a toy. The legislation will also ban lead from children's products, give consumers access to more information on complaints and accidents and provide for tougher enforcement measures. The Bush Administration, as well as the chemical industry, opposes the added protections for children. The legislation follows similar laws passed by the states of California, Washington and Vermont and by the European Union. Robert L. Abell Disability Insurers Investigated by Senate Disability insurers are being investigated by a Senate committee regarding their possible responsibility in causing a backlog of pending claims before the Social Security Administration, the New York Times reports ("Senate Asks 9 Insurers To Furnish Information"). Unum, Cigna, MetLife, Aetna, Hartford Life, Lincoln, Prudential, Standard and Reliance Standard have received letters for a Senate committee regarding their practices of compelling their insureds to apply for Social Security disability benefits. Most disability insurance policies allow the insurance company to reduce their payments to the claimant if they begin receiving Social Security disability benefits. Therefore, many policies require the insured to apply for the Social Security benefits. However, most disability insurance policies pay benefits for a period of 24 years if the claimant cannot perform their last job; this is often known as "own occupation" coverage. Social Security disability eligibility requires the claimant be disabled from performing any job, not just their last job. The backlog of pending Social Security claims has stretched to over a year, a delay that Senator Charles Grassley labeled "abominable." Robert L. Abell Weakening of Workplace Toxin Rules Underway A weakening of rules regulating workers exposure to toxic substances in their workplace is underway in these final months of the Bush Administration, the Washington Post reports ("U.S. Rushes to Change Workplace Toxin Rules"). Contrary to requirements that notice of the proposed changes be published in plans filed last December or in May notice of the proposal first surfaced on July 7 in a vague reference on the website of the White House's Office of Management and Budget. The late notice of the proposal also violated a directive from the White House Chief of Staff that all regulatory proposals be published no later than June 1. In the first 7 1/2 years of the Bush Administration, its Department of Labor adopted only one significant rule regarding toxins in the workplace and then only under court order. Robert L. Abell |
ROBERT L.
ABELL 866-578-5302 TOLL FREE
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Robert L. Abell is a
Personal Injury and Accident lawyer for Lexington, Winchester, Paris,
Georgetown, Frankfort, Versailles, Nicholasville, Richmond, Lancaster, Stanton,
London, Corbin, Shelbyville, Danville, Lawrenceburg, Williamstown,
Jeffersontown, Louisville, Harrodsburg, Campbellsville, Liberty, Bardstown,
Covington, Columbia, Elizabethtown, Newport, Pikeville, Ashland, Morehead,
Jackson, Cynthiana and other communities located in central and eastern Kentucky
and Fayette County, Scott County, Clark County, Madison County,
Laurel County, Powell County, Morgan County, Breathitt County,
Harrison County, Woodford County, Bourbon County, Jessamine County,
Mercer County, Boyle County, Anderson County, Shelby County,
Jefferson County, Owen County, Franklin County, Grant County, Boone
County, Kenton County and elsewhere in Kentucky. |
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