Social Justice E-Zine #27: Environment id WAA21374; Sun, 19 Oct 1997 22:41:40 -0400 Via NY Transfer News Collective * All the News that Doesn't Fit source goforth@igc.org Fri Oct 17 03:34:03 1997 SOCIAL JUSTICE #27 October 17, 1997 Ray Goforth Kim Goforth **************************************************************** HARASSMENT AND LAYOFFS FOLLOW SAFETY COMPLAINTS BY WORKERS AT AMERICAN NUCLEAR FACILITY. GREENPEACE STUDY FINDS DANGEROUS LEVELS OF LEAD AND CADMIUM IN POPULAR PVC CHILDREN'S PRODUCTS. **************************************************************** Hanford Pipefitters Illegally Terminated, Says U.S. Labor Department Report "Slam Dunk" Decision Finds Harassment, Layoffs Following Safety Complaints by Hanford Workers Seattle, WA: The U.S. Department of Labor today ruled that five of seven Hanford pipefitters who filed whistleblower reprisal complaints were illegally terminated because they disclosed serious safety and health violations at the government-owned, contractor-operated nuclear site. The decision ordered reinstatement, backpay, declaratory relief and an award of $10,000 in compensatory damages to each pipefitter. The decision comes on the heels of the September 2, 1997 Labor Department ruling for a Hanford geologist who was terminated after he filed concerns about radiological contamination of groundwater at Hanford. That decision is being appealed by Hanford management and will go to hearing early next year. The pipefitters were all employees of Fluor Daniels Northwest, a subcontractor at the Hanford Site since October 1, 1996. The Government Accountability Project, a private, non-profit organization that represents and advocates for whistleblowers, filed the complaints on behalf of the seven on August 2, 1997, under the employee protection provisions of the Energy Reorganization Act. The Labor Department, following a 65-day investigation, issued a definitive ruling that Fluor Daniels Northwest selected five of the pipefitters for layoff in retaliation for their filing of safety concerns and their refusal to perform unsafe work. In addition to the reinstatement, the company was ordered to notify its employees that the complainant's safety concerns were protected, that they utilized proper authority to stop work. Additionally, the company was ordered to immediately cease harassment and intimidation against the complainants. The Labor Department further ruled that two of the pipefitters had "volunteered" to be put on the layoff list to protest the company's termination of the other five, and were therefore not afforded relief. The concerns expressed by the workers included: * refusal to install underrated valves in pipes which were destined to carry high-level nuclear waste liquids from the tanks; * concerns about working in an area where another crew was performing radiological testing of materials without posting warning signs or marking off a boundary of the area, as required; * concerns about working in "confined space" areas, which are enclosed areas where air supply is limited, and workers are susceptible to gases that can displace oxygen, leading rapidly to black-outs and suffocation. In addition, when the workers attempted to call Safety Department officials by cell phone, they discovered that those officials had turned off their phones "so as not to be distracted." The installation of the underrated valves raises a special concern on the part of the workers because failure of the pipes could result in death to those workers in close proximity to the pipes. Additionally, the valves are situated next to a barrier for two high-level nuclear waste tanks. A failure of any or all of the valves could force liquids through the barrier and into the tank, which itself would violate several environmental laws and could result in a severe safety hazard. Following the refusal of the pipefitters to install the underrated valves, management reconsidered its decision to use the valves, and finally allowed the pipefitters to install the correct valves. The next day, the pipefitters were notified that they would be laid off, and within one week, June 5, 1997, they were all unemployed. The Labor Department report noted that the workers had raised protected concerns, and that they suffered harassment as a result. The report noted that the Foreman of the group, Randy Walli, was sarcastically referred to as "Mr. Safety" by a management official. On another occasion, a management official used profanity against the employees when the employees refused to use underrated valves in a test. The Labor report did not credit Fluor management's reasons for selecting the pipefitters for layoff, calling its position "inconsistent with the testimony provided by various management officials and in some cases not supported by available documentation." "Hanford management likes to talk about safety, but then silences those who raise concerns. The decision of the Labor Department is simply more evidence that the safety culture at Hanford is broken, and that U.S. taxpayer dollars are being used to reward companies who practice illegal discrimination. This is all the more egregious because of the magnitude of the safety and environmental problems facing Hanford, and the devastating impact that an accident could have on the Pacific Northwest," said Tom Carpenter, Director of the West Coast Office of the Government Accountability Project. Fluor Daniels Northwest has recently made a high-profile bid to be awarded status under an agency-sponsored "safe worker" program known as the Voluntary Protection Program (VPP). The VPP program is awarded to those companies that engage their workers in creating a safe work environment and voluntarily regulates safety at the site. The Labor ruling is widely seen as a major setback to Fluor Daniel Northwest's efforts to attain VPP status. "Awarding Fluor Daniels Northwest VPP status is like awarding Attilla the Hun the Nobel Peace Prize," said Carpenter. Further information can be obtained from: Government Accountability Project 1402 Third Avenue, Ste. 1215 Seattle, WA 98101 United States of America (206) 292-2850 gap@whistleblower.org http://www.whistleblower.org/gap **************************************************************** GREENPEACE STUDY FINDS DANGEROUS LEVELS OF LEAD AND CADMIUM IN POPULAR PVC CHILDREN'S PRODUCTS Amsterdam, 9 October 1997 --- The Consumer Product Safety Commission (CPSC) in the United States hurriedly issued a press release describing a few test results of vinyl products for lead and cadmium. The CPSC action was timed to occur the night before the release of a seven month Greenpeace investigation that reveals hazardous levels of both metals in vinyl children's products and their packaging The report "Lead and Cadmium in Vinyl Children's Products: A Greenpeace Expose" shows that both lead and cadmium from the products could easily be ingested by children. Lead and cadmium, which are added to PVC as stabilizers and pigments, were released to the surfaces of the products as they aged. The study ran for 7 months to assure proper methodology. The toys, sent anonymously, were tested in 2 independent laboratories (1) and the study was peer-reviewed by 6 independent scientists (2). Greenpeace tested 131 PVC children's products from 10 cities around the US and found that 21% of products tested contained lead. Of these more than half would have been recalled if they had been painted wooden toys. The content of lead and cadmium in some of the tested products also exceeded the European Union and US standards for the two metals (3). The children's products, including Disney and Barbie backpacks, a tent pole in Barbie Slumber, a Disney key ring, Warner Brothers Tweedy Bird Totebag and Hat, and Kentucky Fried Chicken toy, are sold at leading retailers across the US and Canada. Initial investigations have shown that some of the products are on sale in the UK, Australia and Italy, and similar types of products are universally available. "PVC plastic contains hazardous additives that can and do leach," said Beverly Thorpe of Greenpeace. "Children can't play safe with PVC toys or other PVC products marketed for kids. These products should be recalled immediately and PVC eliminated in all children's products." Lead poisoning causes irreversible nervous system damage, decreased intelligence, behavioral abnormalities and learning disabilities. It also interrupts normal kidney function and blood formation. Cadmium can cause kidney damage and lung cancer. Both metals are toxic to the development and reproductive systems and cause damage at extremely low doses. The report comes only weeks after Greenpeace released analysis of soft PVC toys, showing that the toxic chemicals, called phthalates, were 10 - 40 % of the total weight of the toys. The Governments of Denmark and The Netherlands conducted further testing, showing that the softeners can leach out when the toys are chewed or sucked by small children. Greenpeace is advising parents not to buy PVC products and is calling on toy manufacturers and retailers to recall PVC products from the market. The Greenpeace investigation was prompted by the discovery of hazardous lead levels in vinyl mini-blinds and associated lead poisoning of children in 1996. Internet address: http://www.greenpeaceusa.org greenbas@gb.greenpeace.org NOTES: (1) The Environmental Quality Institute, University of North-Carolina-Asheville, did the degradation tests for Greenpeace. This laboratory specializes in lead testing and is contracted by the State of California to test products under proposition 65. It is also contracted by many municipalities for lead in drinking water and paint. The Stat Analysis laboratory in Chicago is a highly respected commercial laboratory also used by the industry. (2) The scientific reviewers are: Howard Hu, MD, MPH, ScD, Department of Occupational Medicine, Harvard School of Public Health, Boston, MA, 1 (617) 525-2736. Philip Landrigan, MD, MSc, Chair, Department of Community Medicine, Director, Division of Environmental and Occupational Medicine, Mount Sinai School of Medicine, New York, NY, 1 (212) 241-4804. Richard Maas, PhD, Associate director, Environmental Quality Institute, University of North Carolina-Asheville, 1 (704) 251-6366 after 12:00 pm EST. Michael McCally, MD, Department of Community Medicine, Mt. Sinai School of Medicine, New York, NY, 1 (212) 241-5436. David Ozonoff, MD, MPH, Chair, Department of Environmental Health, Boston University School of Public Health, Boston, MA, 1 (617) 278-4517 not there between 11-1pm EST. Janet Phoenix, MD, MPH, National Lead Information Center, National Safety Council, Washington DC, 1 (202) 974-2474. (3) The European Directive on Toys (EU Directive 88/373, May, 1988) stipulates that the following bioavailability limits from the use of toys must not exceed the following levels per day: 0.7 milligrams/day for lead 0.6 milligrams/day for cadmium **************************************************************** ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= nytrad-10.19.97-22:42:04-4236