| Sunday, February 02, 2003
Environmental Injustice
The perfect terminology to define my experience with the
Worker's Comp. system, and with employment law, personal
injury, and my rights as an American citizen and California
resident, along with my rights as a human being. I believe
that virtually anyone of average intelligence would agree that
something is wrong here, assuming a totally unbiased point of
view.
The unanswered questions, the stumbling blocks, and the
lack of any meaningful dialogue between myself and my attorney
are not coincidences. The discovery through proper diagnosis
that I have been chemically injured took place long after I
originally filed for Worker's Comp. I have strong reasons to
believe that my employer knew or should have known that the
symptoms I was exhibiting at the time that I originally filed
for WC were linked to my occupational exposure to toluene.
Since I was not aware at the time that toluene had been
designated as a neurotoxin, I mistakenly listed stress as
being the cause of the symptoms I was exhibiting at the time
that I filed for benefits. Those same symptoms are exactly the
same as those caused by long-term daily exposure to toluene
through inhalation. That scenario matches the conditions of my
workplace environment for three years. The information that
was made available to me during that time listed toluene as a
possible carcinogen.
When the employer stopped using toluene and switched to
"safer" solvents, I did not think to question the
decision, and no explanation was offered. The fact that
information I had was listing toluene as a carcinogen seemed
like a logical enough explanation for ceasing to use it.
Coincidentally, at about the same time that the toluene was
replaced, the work location was also changed. Whereas before I
had done the work in a small, remote building, the new
location was a proper lab with appropriate safety devices and
adequate ventilation by means of a heavy duty hooded fan
placed directly over the sink, which was the the main source
of hydrocarbon vapors. The sink in the new lab had a heavy
cover that would automatically shut in the event of a fire.
The sink in the old building had no cover at all, and the fan
for ventilation was located in the ceiling (therefore
practically worthless in the elimination of vapors that are
heavier than air).
At some point during the same time frame, our office was
provided an emergency breathing apparatus of the type used by
firefighters. I was assigned the task of routinely checking
the device once a month in the office, where the device was
stored unused except for the monthly tests. The device was
provided supposedly to enable us to enter a plant during a
Hydrogen Sulfide emergency, which is ludicrous. The only
people who go into a facility during an H2S emergency are
professionals whose job it is to do so, such as firefighters,
EMTs, and specific oilfield emergency contractors such as the
Red Adair people. "Evacuation" would be the Order of
the Day for anyone else, including people living in nearby
communities and travellers on nearby roads. In short, there
was no logical reason given for the breathing device. A
possible explanation is the fact that OSHA had begun requiring
a respirator for people working in areas where toluene
exposure is likely to occur. This OSHA requirement went into
affect during the same time frame that my employer stopped
using toluene, built a modern lab, and bought a respiratory
device.
Not long thereafter, I was transferred to Northern
California, where eventually my deteriorating mental and
physical condition caused me to lose my job. I must emphasize
that I was still unaware of toluene's status with OSHA and the
EPA. I have every reason to believe that my employer knew of
it, and for some reason failed to inform me of it. I still
haven't been notified or advised of toluene's updated
toxicity, so in that respect, my former employer remains out
of compliance. Since my former employer is an agency of the
State of California, it shouldn't be too difficult to see who
holds the cards. It is frustrating to be denied a chance for
remuneration, especially as public awareness of the health
risks of exposure to chemicals such as toluene increases.
Workers in other industries with injuries similar to mine are
being treated the way an injured worker is supposed to be
treated by their employer, while I am being treated as if I am
"malingering."
I did not make any of this up. The chemical that I worked
with was toluene. The nuclear SPECT image showing the injured
area of my brain isn't something that a person could easily
fake, and the clinic where the brain scan was done is a
recognized leader in their field of medical practice. I
believe I am justified in my assertion that I am being sold
down the river for political reasons due to the potential
ramifications of the case being decided in my favor.
For the record, I have written to my local rep in the State
Assembly. I have also filed complaints with Cal/OSHA
(resulting in a $600 fine for the employer) and the EPA. I
have written to PERS (retirement fund) and to the Labor Union
I was a member of, and to the Little Hoover Commission, and
even to the Labor Commissioner. Still, here I sit while the
clock continues to tick and my lawyer ........(anyone's
guess), and a psychologist with whom I have a dispute and who
has never examined me supposedly continues to write about my
psychological condition as if he or she actually had ever even
set eyes upon me, which is not the case. A Board told me that
(s)he could write whatever (s)he wants to about me.
I'm unwilling to toss in the towel. I am disabled due to a
workplace injury that my employer continues to fraudulently
conceal, even while acknowledging the fact that I worked with
pure toluene for three years. Someone in the agency I worked
for had to have known that toluene had been identified as a
neurotoxin, then chose not to pass the information along to
me. The fact that they still have not notified me is a labor
code violation in itself. I was abandoned by my employer when
I became ill, and I have every reason to believe that they
knew toluene had caused my illness.
It could have happened to anybody.
Just because it happened to me
doesn't mean that its okay to
pretend that it didn't happen at all.
Robert V. Harmony
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