Date: Fri, 8 May 2009 13:46:10 -0700
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
Subject: Response to recent posts regarding the UCLA fatality
Comments: To: roger.o.mcclellan**At_Symbol_Here**ATT.NET
In-Reply-To: <050820091905.8952.4A0482750000D008000022F822230703629B0A02D29B9B0EBF020E04040A040C0C03D201D29D0A09019D**At_Symbol_Here**>

Let me point out that JCHAS =E2=80=93 which everyone on this list receives or has access to =E2=80=93 has already had several editorials and opinions on the UCLA incident.=C2=A0 The next issue, which is being finalized as I write, will have more information =E2=80=93 you will be receiving it in the next 4-6 weeks.


From a factual basis, Ms. Sangji was an employee =E2=80=93 that is not contested.=C2=A0 Please go to C&EN online and review Jyllian Kemsley=E2=80=99s excellent reporting (latest 7 May 09).=C2=A0 Also, Kim Christensen at the LA Times has done a superb job of investigative work (latest 5 May 09).=C2=A0 They both deserve recognition.


Before we speculate, please review the facts.=C2=A0 At this time, there is a lot known, but there is even more to learn.


If we are going to change the attitude toward safety in academic settings, then the system needs some major revisions =E2=80=93 and part of that must start with the ACS governing Board and Council.=C2=A0 It also must come from funding agencies and from Provosts and Chancellors.=C2=A0 PIs must be held accountable for safety and environmental compliance where it is meaningful =E2=80=93 that is peer recognition, funding and research space.




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From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**] On Behalf Of roger.o.mcclellan**At_Symbol_Here**ATT.NET
Sent: Friday, May 08, 2009 12:05 PM
To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU
Subject: Re: [DCHAS-L] : Legal aspects of CalOSHA & UCLA/Change Focus

To all:

   An interesting question for the lawyers and courts to decide in this prospective legal case is whether the individual was a "student" or an employee or both.

   In any event, the issue that professionals in the field should be focusing on is what can be done to minimize the occurrence of such situations in the future in either academic or other laboratories. How adequate are the safety training programs for both students and employees in academic institutions? Are academic institutions providing appropriate training and safe working environments for students and employees to work in academic laboratories? Are academic institutions providing adequate   safety training to students who will  enter the private sector work force? Many academic institutions allow students and employees access to laboratories 24 hours/day, 7 days/week-- is this compatible with safe operations with potentially hazardous chemicals and operations. I would like to see more discussion of these critical issues with a view to improving health and safety practices in all organizations.

    I suspect the legal issues will be worked out by the lawyers and courts.


Roger O. McClellan
Advisor, Toxicology and Human Health Risk Analysis
13701 Quaking Aspen Place NE
Albuquerque, NM 87111
Tel: 505-296-7083
Fax: 505-296-9573
E-mail: roger.o.mcclellan**At_Symbol_Here**


-------------- Original message from List Moderator <ecgrants**At_Symbol_Here**UVM.EDU>: --------------

> From: Robert Alaimo
> Date: May 8, 2009 11:55:50 AM EDT (CA)
> Subject: Re: [DCHAS-L] UCLA Incident - OSHA Lab Standard
> The OHSA LabStandard does apply to the "Laboratory Employees" of
> colleges, not the students. This Lab was likely covered by the CalOHSA
> equivalent of the Lab Standard.
> Bob Alaimo
> ===
> From: "Ben Ruekberg"
> Date: May 8, 2009 11:46:21 AM EDT (CA)
> Subject: RE: [DCHAS-L] CalOSHA & UCLA
> Carl Zipfel's assessment aside, all too often "What the law does not
> require, logic will not inspire."
> ===
> From: "Debbie M. Decker"
> Date: May 8, 2009 1:02:39 PM EDT (CA)
> To: chas list
> Subject: RE: [DCHAS-L] UCLA Incident - OSHA Lab Standard
> Cal/OSHA has incorporated the Federal Lab Standard, essentially word
> for word, into the California OSHA code. In the UCLA citation, the
> Lab Standard was one of the regulations for which they were cited.
> California also has the Injury and Illness Prevention Program,
> requiring employers to provide safety information to their employees,
> etc. etc. Many more workplaces are cited under IIPP than under the
> Lab Standard. It=E2=80=99s frustrating that regulation isn=E2=80=99t used to
> better effect.
> Debbie
> --------------------
> Debbie M. Decker, Campus Chemical Safety Officer
> Environmental Health and Safety
> University of California, Davis
> 1 Shields Ave.
> Davis, CA 95616
> (530)754-7964/(530)752-4527 (FAX)
> dmdecker**At_Symbol_Here**
> Co-Conspirator to Make the World A
> Better Place -- Visit and join the conspiracy
> ===
> From: kauletta**At_Symbol_Here**
> Date: May 8, 2009 11:15:52 AM EDT (CA)
> Subject: Re: [DCHAS-L] UCLA Incident - OSHA Lab Standard
> The fed OSHA regulations apply to private employers & federal
> workplaces. Our univ. is a state university, but most of our lab
> workers are paid not as state employees, but as "research foundation"
> employees. RF is a private entity & OSHA applies. We also have NYS
> PESH to cover the state workers & PESH has adopted the fed regs.
> Kim Auletta
> Lab Safety Specialist
> EH&S Z=6200
> Stony Brook University
> kauletta**At_Symbol_Here**
> 631-632-3032
> EH&S Web site:
> Remember to wash your hands!

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