DCHAS-L Discussion List Archive
Date: Mon, 9 Oct 2006 07:56:28 -0700
Reply-To: Gordon Miller <miller22**At_Symbol_Here**LLNL.GOV>
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
From: Gordon Miller <miller22**At_Symbol_Here**LLNL.GOV>
Subject: Re: Respirators on High School Kids
In-Reply-To: <p06010206c14d8fde6e05**At_Symbol_Here**[192.168.2.4]>
Even if the teacher isn't sued, what about the Department the teacher
works for? Safety and health relate to loss prevention. And what if
the teacher isn't covered by E&O, then the teacher has to mount
his/her own defense whether the judgement goes against the teacher or
not.
I can see providing kids with things like goggles and aprons, but not
something as sophisticated as a respirator. I wore stuff like that
when I took high school and college Chemistry. Some training more
than "put these on" and instruction is needed following the lead of
29 CFR 1910.132 which calls for certificating the training.
>I consulted for the plaintiff in a recent AZ case where the district
>and middle school teacher were successfully sued. The teacher (who
>basically had zero chemistry background) decided that he would
>demonstrate sublimation and energy by sealing dry ice and water
>inside plastic soda bottles... That's what I would call Bomb
>Building 101.
>
>Long story short (I'm going to write it up for J Chem Ed when I get
>a chance), a student lost an eye.
>
>No doubt the plaintiffs could have collected quite a large sum, but
>it settled out of court (terms not disclosed...). I suspect there
>other student injury cases involving chemical safety issues and
>tort, but the incidents are quitely settled rather than proceeding
>before the suits are formally filed. [Personal aside: I have a real
>problem with any lawsuit being settled without publicly disclosing
>the terms....it leads to cover-ups of product safety issues]
>
>Obviously, the case I discussed here is an extreme example of
>someone doing something (in my personal and professional opinion,
>for any libel lawyers hanging out here) incredibly stupid and
>outside normal practices (not mention that construction of such
>devices is a felony in AZ). But it demonstrates that instructor
>lawsuits can happen, particularly when one recognizes that many
>teachers teach classes outside their abilities or formal training.
>
>Rob
>
>>There's been a fair amt of concern abt lawyers and liability. I
>>practice law - part time now, formerly full time in Va Atty Gen'ls
>>Office.
>>In Virginia, as I suspect in most states, sovereign immunity
>>shields public school teachers from common law tort liability. In
>>the 30 years I've had a license to practice law, I've never heard
>>of a successful suit against a public school teacher for a purely
>>teaching related activity. Racial or other discrimination, sexual
>>misconduct, etc., claims yes - tort liability - no.
>>But the law varies some from state to state. This would be a good
>>issue for the CHAL [law] section to give a symposium on at an ACS
>>national mtg.
>>
>>R. Leonard Vance, JD, Ph.D., PE, CIH
>>Associate Professor
>>Department of Epidemiology & Community Health
>>Virginia Commonwealth University/MCV Campus
>>1008 East Clay Street, "Grant House", Room 324
>>Box 980212
>>Richmond, VA 23298-0212
>
>
>--
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