In March, UCLA chemistry professor Patrick Harran and the UC Board of Regents will be facing an ordeal they likely never anticipated: a court arraignment on felony charges related to a 2008 laboratory fire that killed Sheri Sangji. They face three counts each of willfully violating occupational health and safety standards. According to the Los Angeles Times, the charges are thought to be the first stemming from an academic lab accident in the United States.
By way of background: In December 2008, Sheri Sangji was working with t-butyl lithium, a substance that ignites on contact with air. A drop spilled on her clothing causing an instant conflagration. She suffered second and third degree burns over 40% of her body, and died 18 days after the fire. In the wake of this accident, Cal/OSHA imposed a ,875 penalty, citing safety lapses and lack of training. (Chemjobber has followed this case diligently . See all his posts on the Sheri Sangji case, with the most recent at the top.)
UCLA officials call the recent criminal charges outrageous, saying this was a tragic accident and Sangji had been trained to do the dangerous work she was doing. But a 95-page Cal-OSHA investigative report contradicts that defense, saying Sangji was neither experienced nor well trained, terming the risk “foreseeable,” and stating that the death was preventable had Sangji worn appropriate clothing. Further, “The report states that UCLA, by repeatedly failing to address previous safety lapses, had “wholly neglected its legal obligations” to provide a safe environment in campus labs and that Harran was personally responsible.”
In the wake of Sangji’s death, we posted about this tragic incident a few times. First, we raised the issue of why university labs aren’t safer, suggesting, among other things, that lab safety be added as a criteria of evaluation for federal funding sources. We got some push back from commenters who thought that such a suggestion was naive and that health and safety personnel were unqualified to oversee “exotic” scientific protocols. We followed with a response to these criticisms, as well as provided links to other articles and places where the death was being discussed by students, scientists, private lab workers and safety professionals. (See More on the
UCLA lab death of Sheri Sangji.)
While Harran and UCLA are facing charges, this is apparently not a random or isolated incident. In December, Beryl Lieff Benderly of Science Careers posted Taken for Granted: A Blueprint for Safety Action Now. Here’s an excerpt:
Issued in October, a CSB report entitled Texas Tech University: Laboratory Explosion lays out in 23 pages of straightforward, nontechnical language what went wrong in a near-fatal 2010 incident on the Lubbock campus and what needs to be done to prevent anything like it from happening again.
The report goes far beyond the usual accident investigation’s list of technical mishaps. It views the maiming of Texas Tech University (TTU) graduate student Preston Brown not as an isolated series of individual errors but as the predictable outcome of a culture, set of values, and system of organization prevalent not only at TTU but also at many other campuses. Having collected at least “preliminary information” on 120 other such incidents, CSB declares itself “greatly concerned about the frequency of academic laboratory incidents in the United States.”
Academia has evaded some of the scrutiny that private employers face in safety standards. The issue of lab safety still sparks controversy. Many still think that the environment is too exotic and too specialized to incorporate safety standards and that regulations would stifle creative research work. That’s little more than obfuscation and foot dragging. Lieff Benderly posted another article Taken for Granted: How to Live With Danger outlining the contrast between chemical laboratory safety and that of another industry, airlines.
In The Sharp Knife of a Short Life, the blog Chembank frames the issues well:
“Changing the culture of an institution–especially one as intractable as chemical academia–is extraordinarily difficult. But so long as we forgo meaningful changes in favor of cosmetic ones that we don’t even bother to sustain anyway, we will continue to experience frustration and tragedy. One wonders what magnitude of disruption is necessary for our community to commit itself to improvement. Apparently, it is much greater than the death of a twenty-something student.”
We repeat a comment that we made in 2009:
Some workplaces come by safety voluntarily with a commitment from the top. Other employers – even generally well meaning employers – don’t truly embrace safety until they have had paid some very steep price. Sometimes that price is a gut-wrenching human one, as when a worker dies; other times, the toll is purely economic, in high workers comp costs, ruinous lawsuits, and bad publicity. Unfortunately, money is often the best change agent. That, and the push provided by standards and enforcement under OSHA.
In yesterday’s Advisor, compensation expert David Wudyka helped smaller employers to maintain a “big company” compensation system. Today, his suggestions about an inexpensive way to evaluate and rank jobs, plus an introduction to an all-in-one compensation supersite.
HR Daily Advisor
When you’ve spent more than a decade on the road, you get asked some pretty interesting questions. The one query I get most, though, is about packing: what to take, what to leave, where to put it. I’ve taken scads of trips, but every time I get back, I know I could have gone even lighter. Let’s save you some trouble and start with the basics of my lessons learned.
The 10 Rules of Packing
1. The Golden Rule: Take half of the clothes you were planning to bring and twice the money. I cannot stress how true this is.
2. Take only what you can fit in a carry on. We’ve all lost luggage before, and it’s a pain. But when it’s 3 degrees in Poland and you’re rocking those horrible sweats you insist on wearing on long flights, hearing “as soon as we find your bag, we’ll send it to you” can really put a damper on your first day. And — no offense to the Polish — but having to buy an entire wardrobe in Warsaw might not be exactly how you want to spend your travel pennies. This also means you’ll have luggage with wheels, which is worth its weight in gold.
3. If you simply must check luggage, ask them to put a “Fragile” sticker on it, which helps ensure your bags will be put on top of the pile and be first off the plane. Also, yours is not the only black suitcase, so slap a sticker or red ribbon on it — anything that will help you pick it out in the crowd. Think airport security is scary these days? Try making it through customs with someone else’s bag.
4. Mix and match. Bring three shirts and three “bottoms.” That’s 9 outfits.
5. Books are sexy. So are vinyl records. But save yourself the extra pounds and fill your Kindle with every book/country guide you need and stick to your iPod.
6. Don’t be a diva. If you’re the type who has to travel with your own hair dryer (and won’t use the hotel’s), then I might suggest a weekend in the Smokies over the Alps.
7. Jackets and sweaters take up a lot of precious bag space and weigh you down. Unless you’re going to Russia in winter, layers work just as well.
8. If you can bear it, stay away from jeans. This is huge and I should have moved it up to number 2. They absorb dirt (and odors), are bulky and take days to air dry. Cotton and khaki are the way to go.
9. If it’s important and can’t fit into your daypack, leave it at home. Stuff gets stolen no matter where you go. As big as a pain as it is, I am constantly carrying my computer, cameras, etc. on my back — and in crowded places, as ridiculous as it looks, in front of me.
10. Every country I’ve ever visited sells soap. And shampoo. And socks. And t-shirts. I.e. What you forget, you can buy.
One last thing: those plastic gardening shoes that somehow made it into the acceptable mainstream of fashion footwear? Do your country a favor… and don’t.
Keep track of Aric’s adventures on his personal blog and on Twitter @aricsqueen.
You have to feel sorry for Erik Martin. He went to work for Quick Chek Corp in 1999 as an assistant store manager. He was promoted to store manager in the summer of 2000. He was diagnosed with Parkinson’s disease that same year. After informing his supervisor of his diagnosis, she advised him to keep his illness “hush, hush.” Martin complied, and never mentioned his illness to the company’s HR director. Martin missed work in 2004 and 2006 due to two mini-strokes and took a two-week leave of absence in 2007 because of depression. Despite his formidable physical difficulties – unrelated to work – he returned to work as soon as he was able.
In March 2008, Martin requested and received a demotion because his medical condition, combined with the lack of an assistant manager, precluded him from satisfying his work obligations. Later that same month, Martin injured his back at work. He contacted his doctor, who instructed him to take a darvocet that was previously prescribed to Martin’s mother-in-law. Martin visited the doctor the following day, at which time he was prescribed percocet to manage his pain.
Drug Policy
In keeping with company policy, Martin was drug tested two days after the injury. A few days later, he was contacted by the testing facility. They asked him to disclose the medications he was taking. He told them about his prescriptions, including the percocet, and also informed them about the darvocet he took on the day of the injury. Because he tested positive for darvocet without a prescription, the testing company reported a failed drug test and Quick Chek terminated Martin.
A reasonable person might think that Martin was in compliance with the company policy. He took a pill at the verbal direction of his doctor. Was this a “prescribed” medication? Well, that’s where a problem arises.
The word “prescription” comes from the Latin “praescriptus” compounded from “prae”, before + scribere, to write = to write before. Historically, a prescription was written before the drug was prepared and administered.
It appears that a “verbal prescription” is an oxymoron: if it isn’t in writing, it isn’t a prescription. [NOTE: the court ruling did not even address this issue.]
The HR director testified that his decision to terminate Martin was based on the failed drug test. He further testified that in his thirteen years managing human resources for Quick Chek, he never made an exception to the company’s zero-tolerance drug abuse policy. The director also stated that he was not aware of Martin’s Parkinson’s disease until this litigation commenced.Thus Martin’s termination was consistent with company policy. And in the view of the court, the termination was perfectly legal.
The court wrote:
Unquestionably, the company’s drug policy was enforced in a harsh fashion against Martin. The company relied completely on the assessment of the testing company that Martin “failed” the drug test. Quick Chek operates in such a way as to delegate total discretion to interpret the drug test results to the testing company. Once deemed to have failed the drug test, an employee is terminated without exception with no apparent right of appeal. In Vargo v. National Exchange Carriers Assn., Inc., 376 N.J.Super. 364, 383 (App. Div. 2005), we held that a company need not investigate possible legal reasons for a positive drug test before taking action with regard to a prospective employee; nor should such a duty exist with respect to existing employees. NJLAD is not offended by a private company’s lack of compassion in these circumstances.
Note how the court starts with a precedent involving a job applicant and then applies it to a loyal employee of long standing: “nor should such a duty exist with respect to existing employees.” The court may not see any difference between an applicant and a loyal employee, but I do.
No Room for Compassion
The court “is not offended by a private company’s lack of compassion.” Well, I am. Zero tolerance policies back companies into a corner; their rigidity may eliminate the need for discretion, but in doing so, these policies also eliminate many good employees. A little discretion in the hands of good managers is a powerful tool toward building a positive work culture. By contrast, zero tolerance policies may provide an illusion of control over matters that are difficult to control, but they are not an effective way to run a company (or a school, for that matter). Indeed, the policy makes it difficult for the company to fulfill its promise as a great place to work:
Quick Chek is proud to be one of NJ’s Best Places to Work! With 2,600 team members in over 120 stores, we strive to create a positive experience and fun environment where core values are nurtured, hard work is rewarded and leadership is cultivated.
I wonder what Erik Martin thinks of the company’s “core values.” When his illness prevented him from doing his job, he requested and was granted a demotion. When his illness prevented him from working, he took (unpaid) time off and focused on recovery. When he was injured at work, he followed his doctor’s orders and his company’s procedures. Martin’s loyalty and perseverance are admirable qualities, but they did not buy him much in the corporate offices of Quick Chek or the courtrooms of New Jersey.
After years of accidents in the workplace caused by the use of mobile devices in vehicles, the Federal Government today proposed universal universal guidelines to encourage automobile manufacturers to electronically disable these devices when a vehicle is in operation. The enforcement of this safety-first proposal may establish a legal standard universally to bar the use of such devices in vehicles and encourage employees to have a safer working environment.
See: U.S. Department of Transportation Proposes ‘Distraction’ Guidelines for Automakers
“Issued by the Department’s National Highway Traffic Safety Administration (NHTSA), the guidelines would establish specific recommended criteria for electronic devices installed in vehicles at the time they are manufactured that require visual or manual operation by drivers. The announcement of the guidelines comes just days after President Obama’s FY 2013 budget request, which includes 0 million over six years for distracted driving programs that increase awareness of the issue and encourage stakeholders to take action. “
The California Division of Workers’ Compensation has announced a series of public discussions for comments and concerns as it struggles in crafting a potential modification of its system.
Click here to read the California DWC Announcement
- Provision of appropriate medical treatment without unnecessary delay, the Medical Provider Network (MPN), Utilization Review (UR) or other issues
- Enabling injured workers to return to work as quickly as medically feasible
- Adequate compensation for permanent disabilities
- Reducing the burden of liens on the system
- Identification of appropriate fee schedules
- Reducing unnecessary litigation costs
- Assessing appropriate use of opiates and other care
- Any other improvements needed
The residential alcohol addiction rehab facilities offer individuals help in overcoming alcohol addiction. Specialized programs are tailored to alcoholism. Life skills for becoming and staying sober are taught. Supervision and medical attention are part of the services included in these programs. Recovery can be a positive experience with the support and guidance of professionals.
Good Isolation
Recovery centers offer protection from outside influences. Taking the focus off this makes recovery your top priority. Stress is reduced and healing can take place much more quickly. Peer pressure and temptation are eliminated providing a quicker recovery time. A professional staff is on call at all times.
Specific Needs
In the first 24 hours of admission, an examination is done. This medical assessment focuses on your physical addiction. Discovering your specifics needs is essential in proper treatment. With this information, staff will be prepared to assist you during any withdrawals. Determining what is best for each person is the purpose of this admittance exam.
Treatments
There are various types of treatment available. Medication is sometimes used to help the patient through the beginning stages of recovery. Trained professionals supervise behavior and activities of each individual. This ensures that if any need arises, it will be addressed immediately. The staff recognizes that comfort is an important factor of becoming sober.
Withdrawal
Suffering withdrawal symptoms is a common occurrence. Most places have a period of adjustment for detoxification. Medical personnel are on hand 24 hours a day. They will monitor you and provide assistance. Medication may be offered to help keep you comfortable during this process.
Counselors
Counselors are available 24 hours a day. They guide you in working through any problems that hinder your recovery. Focus is put on your sobriety in a relaxed atmosphere. Professionals encourage you while working through this process in a non-judgmental environment. The staff considers your comfort an important factor in your recovery.
Life Skills
Healthy life skills are a necessary part of sobriety. Group activities and individual sessions teach such skills. The importance of making good decisions is stressed. There is power in knowledge. Concentrating in this area results in gaining the ability to make healthy choices.
Transition
The transition can be awkward but it is manageable. Staff will help guide the resident through this process. One-on-one meetings are crucial to the recovery process. Personnel will help you address any outside situations that may have an ill effect on your sobriety. During these appointments you will have individual attention to focus solely on your needs.
Fellowship
Feelings of isolation often are associated with recovering. You may feel as though you are struggling alone. Interacting with others in the program can ease those feelings. They can offer acceptance and understanding because they are going through alcohol detoxification also. Bonds are often formed and friendship can result in communicating with fellow residents.
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♥LIFE MIX
Watching media coverage of ‘business’ in the United States, one might imagine he is living in a socialist country where capitalism is almost a crime. From certain sectors of the media and within the circles of certain political campaigns we hear cries of anger at the ‘wealthy’ and the need for business owners to pay a bigger slice of the tax pie. According to government classifications I am ‘rich’ – As a New York City resident, I pay more than 50% in taxes, and as a 37 year old entrepreneur I ask myself when is enough, enough?
A product of a single parent household and the New York City public school system, I have worked very hard for what I have, and today own one of the 25 largest U.S. Public Relations Agencies, 5WPR. My firm employs a little less than 100 people; we have no debt, we pay vendors on time, and have always operated a profitable business. We never had an open line of credit, nor do we carry credit card balances beyond the billing period. We pay our bills.
Entrepreneurs absorb the cost of jury duty for employees, we match Medicare tax rates (with little faith the system will exist when employees will eventually need it), we pay increased commercial real estate taxes with growth, and deal with many regulatory and financial burdens. Additionally, my taxes pay for NYC public schools, and do not get tax credits even though I don’t use the schools and pay an additional fee for private school. Yes, that is my choice, but through that choice, I believe that I lend a service to the public schools. My portion of the tax load subsidizes another New Yorker’s child’s education in the school system. All I seek is a little appreciation for that.
President Obama seems to be consumed with the popular pitch of ‘taxing the rich,’ and New York’s governor recently agreed and is seeking to assess anyone who earns over 0K with a greater burden. The demonizing of the rich is a bad policy. These so-called rich people are the ones who create jobs, take risks and sacrifice a lot.
People who work hard are the best hope for our country in these economic times, especially when China and other rising nations are consuming the work that used to be America’s. The work ethic has shifted to people who can understand and appreciate hard work, a sensibility that is lost today on many of America’s emerging workforce.
It’s about time a Public Relations campaign for entrepreneurs and business owners commenced. Today’s political environment is putting more strain on the hardworking entrepreneur. It is taxing energetic people who forgo personal time and money every day in the race to create opportunities which often end up generating opportunities for others as well. Taxing the wealthy even more is simply not the answer to the nation’s devastating problems. Countless small businesses are stagnant and need stimulation; it’s not their responsibility to bail out individuals. The drivers of the American economy are not the poor and the jobless, but the entrepreneurs who create the opportunities for most of the American workforce.
Increased government taxes will result in more job loss. It will serve to pound motivation out of the entrepreneur, making it even harder to create jobs. This hurricane sweeping through our businesses will change the country’s landscape for the worse. It’s un-American to say the least.
P.S. When I die, my children will be taxed another 50 percent on the money that I already paid taxes on.
About the Author
Ronn Torossian is CEO of 5WPR and author of For Immediate Release: Shape Minds, Build Brands, and Deliver Results with Game-Changing Public Relations
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Top 5 Tips for Choosing Mobile Computers
by Intermec Technologies Corporation
This white paper from Intermec explains the top 5 tips for how to choose the best mobile computer for your organization.
Dozens of manufacturers offer hundreds of devices in thousands of configurations, but only one may be best suited for your particular environment and workforce. Rather than trying to stay on top of all the products that are being introduced and discontinued, the technologies and features being added, plus available peripherals and software, enterprises can quickly cut down to a few viable options by following five basic tips:
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