Future Environment Designs Training Center's Blog

Thursday, December 16, 2010

OSHA Orders John Galt Corp. to Compensate Worker Fired After Raising Health and Safety Issues at the Deutsche Bank Building in NYC

Respirators Should Be Fit Tested Before Use

On Thursday, October 14, 2010, the U.S. Department of Labor obtained a consent judgment ordering The John Galt Corp. and two of its former managers, Mitchel Alvo and Dorota Lebkowska, to compensate a worker who was fired for raising a health and safety issue during an asbestos removal project the defendants oversaw at the former Deutsche Bank Building at 130 Liberty St. in Manhattan, New York.
According to the press release the worker filed a complaint with the department's Occupational Safety and Health Administration in August 2006, alleging that he had been fired after requesting additional respirator filter cartridges for himself and for fellow workers performing asbestos removal at the site. OSHA's investigation found merit to the complaint. The department's Regional Office of the Solicitor in New York filed suit in the U.S. District Court for the Southern District of New York after the defendants refused to reinstate and compensate the worker.
As a result of that legal action, the defendants have signed a consent judgment that orders them to pay the worker $55,000 in back wages and expunge all references to suspension or dismissal from his personnel file. The judgment also prohibits the defendants from discriminating against employees who file a complaint with OSHA, participate in an OSHA inspection or otherwise exercise their rights under Section 11(c) of the Occupational Safety and Health Act.
"Terminating workers who raise legitimate safety and health issues is unacceptable," said Robert Kulick, OSHA's regional administrator in New York. "Intimidating workers into a dangerous silence can mask hazardous and potentially deadly conditions. Employers should be aware that we will pursue appropriate legal remedies in such cases."
Section 11(c) of the OSH Act protects employees' rights to file a complaint with OSHA or to bring safety and health issues to the attention of their employers without fear of termination or other reprisal. OSHA also enforces statutes protecting employees who report violations of various railway, securities, trucking, airline, nuclear power, pipeline, environmental, public transportation and consumer product safety laws. Detailed information is available online at: http://www.whistleblowers.gov/.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov/.

EPA Reports a Successful Year Enforcing Environmental Law

The headquarters of the United States Environm...

Image via WikipediaThe U.S. Environmental Protection Agency posted information illustrating its very successful past year in enforcing environmental law. In the past federal fiscal year, which ran from October 1, 2009 through September 30, 2010, the Agency took actions that reduced pollution and ensured that environmental laws are being followed. In the past fiscal year, EPA took enforcement and compliance actions in New York State that require polluters to pay nearly $2 million in penalties and take actions that will result in the reduction of more than 41 million pounds of pollution.

Detailed information about EPA’s enforcement of environmental laws can be viewed using an interactive Web-based tool that includes statistics and highlights on a state-by-state basis. The website also includes a map that provides the public with detailed information about the enforcement actions taken at more than 4,500 facilities throughout the U.S, Puerto Rico and the U.S. Virgin Island.

Tuesday, December 14, 2010

Study Indicates Increase in Risk of Childhood Leukemia Based on Living Close to Heavy-Traffic Roads.

Image via Wikipedia A recent study published in Environmental Health Perspectives called "Road Traffic and Childhood Leukemia: The ESCALE Study (SFCE)" indicated an increased risk of childhood leukemia among children that lived close to heavy-traffic roads. Published in Environmental Health Perspectives on December 8, 2010, the research used the national registry-based case-control study (ESCALE) carried out in France. Over the study period, 2003-2004, 763 cases and 1681 controls less than 15 years old were included and the controls were frequency matched with the cases on age and gender. The study showed acute leukemia was significantly associated with estimates of traffic nitrogen dixode (NO2) concentration at the place of residence greater than 27.7µg/m3 compared to NO2 concentration less than 21.9µg/m3 and with the presence of a heavy-traffic road within 500 meters compared to the absence of a heavy-traffic road in the same area. The basic conclusion of the study was that it supports the hypothesis that living close to heavy-traffic roads may increase the risk of childhood leukemia.
This study obviously has significant implications for children living near heavy-traffic roads (i.e., the Long Island Expressway) and the indoor air quality where they live. This puts even more emphasis on reducing the emissions from the vehicles that travel these roads.

Sunday, December 12, 2010

Asbestos Victims in India on a Hunger Strike

Chest X-ray in asbestosis shows plaques above ...

Image via Wikipedia

Chest X-ray with Asbestosis.

A group of alleged asbestosis victims from Jhadole in Udaipur, Rajasthan are sitting on a hunger strike in front of the sub-divisional magistrate's (SDM) office in Udaipur, in India. The victims are demanding that the reports of the medical tests done on them by the National Institute of Occupational Health (NIOH), Ahmedabad, be made available to them.      NIOH had done a test on about 166 persons from Jhadole and Devigarh to ascertain whether they are affected with asbestosis. These persons had been working in asbestos mines before the mining of asbestos was banned in India. But while the doctors who had conducted the tests have published research papers (even included in NIOH newsletters) confirming asbestosis in at least 93 persons, none of them have been personally given the test report even after they had applied for it. Even the names of those affected have not been made available. Without this information, the miners are unable to claim any compensation or receive proper treatment.
     NIOH had conducted tests on 163 persons, including 56 females. While pursuing the difficult task of getting one’s own medical reports 18 persons have already died and we don't know if they were from amongst those who were ascertained to be positive or are from the others.
     We are amazed with this situation because not only would this not happen in the United States, but the Doctors involved with the research would be held liable in the United States for not providing the information to the workers. We guess the Doctor's code of do no harm does not apply to Doctors in India. What do these researchers think they are doing the research for? The researchers themselves should be ostracized. This is the worst kind of researcher one who is interested in the research with no regard for the subjects of their research.

Related articles

Que. asbestos exports should stop: activists (cbc.ca)
Asbestosis - All Information (umm.edu)
Scientists: Urgent ban on all asbestos needed (yubanet.com)
Asbestos advocates plead for Quebec to push forward with mining loan (canada.com)
Linda Reinstein, CEO and Co-Founder of Asbestos Disease Awareness Organization (ADAO), Issues Statement on "Drop the Rock", SB 624 (eon.businesswire.com)

Wednesday, December 08, 2010

Riverhead is Soliciting Bids for Asbestos Abatement

Image by dougtone via FlickrThe Town of Riverhead on Long Island is attempting to rid its town of a long-time eyesore, but has had trouble lining up a contractor to remove asbestos from the property at an affordable price. According to Riverheadlocal.com and Mesothelioma Resource Center, the town of Riverhead will solicit bids for the third time to award a contract for asbestos abatement at the former Weeping Willow motel. The town hopes to demolish the structure and develop the land as part of a riverfront greenbelt.
In New York State and many other states asbestos removal is done ahead of demolition to prevent fibers of the hazardous mineral from becoming airborne and causing a health danger to anyone in the vicinity. Asbestos exposure is linked to lung cancer, malignant mesothelioma and asbestosis and has been the focus of many asbestos settlements and mesothelioma lawsuits. The West Main Street property was purchased by the town last year for $1.2 million, the community website reported.