As the summer winds down here are some short news items that caught our eye over the last few weeks, with comments. FYI: "Asbestos Stirs Up Anger, Fear in California"
The US EPA issued test results in July from an October 2004 sampling which reveals that the town of El Dorado Hills, CA is riddled with natural veins of asbestos in, among other places, bike trails and playgrounds. The town's 30,000 residents who participate in sports and exercise are exposed to higher levels of asbestos than couch potatoes, says the EPA.
– From The Seattle Times 7/7/2005

Asbestos occurs naturally in 44 of our 58 counties. Our state rock, serpentine, is beautiful because of the little strands of white asbestos which crisscross the green rock. Ask the next Cal/OSHA inspectors you see to show you their business cards. Many are decorated with a border of serpentine on the left-hand side. And the next time you are in the Capitol building, admire the serpentine facings on the walls and floors.

And here's a Cliff Claven factoid for you: Air samples taken by Cal/OSHA in the 1970's to establish background levels of airborne asbestos found it even in the winds blowing in from the Pacific over the Palos Verdes headlands.

California OSHA's asbestos standard is found at Title 8 CCR sec. 1529.

Add asbestos: The U.S. Environmental Protection Agency (EPA) plans to test a new way to remove asbestos at an Arkansas military base before it rewrites federal rules on the matter. Currently, buildings with asbestos cannot be demolished until surrounding buildings and areas are protected from airborne contaminants. The new method will require removal specialists to wet down the interior of the building before the building is demolished with the asbestos inside, and then during demolition, the water run-off would have to be monitored. A similar test was completed in St. Louis, but residents there have filed suit against the local airport for violating the Clean Air Act.
– From the Washington Post (08/03/05)

FYI: Silicosis Lawsuit
Texas federal judge Janis Jack issued a blistering 249-page order last month, sanctioning a Houston personal injury firm $8,250, accusing it of "micro-managing" the diagnostic process and manufacturing a "phantom epidemic" of silicosis lung disease. She pointed out that the 9,000+ plaintiffs had been seen by around 8,000 physicians who diagnosed and treated a multitude of problems, but none had diagnosed silicosis. Yet, when the plaintiffs were steered to just 12 doctors operating out of mobile clinics, none was found silicosis-free.

Jack also noted that at least 6,000 of the 9,000 plaintiffs had made prior asbestosis claims. Lester Brickman, professor of law at the Benjamin N. Cardozo School of Law at Yeshiva Univ. and author of an article on asbestosis litigation in the Pepperdine Law Review, was quoted as saying that he is "...confident that if the same level of discovery were permitted with respect to asbestosis claims, the same kind of evidence of fraud on a massive scale would be uncovered."
– From the ABA Journal Report 7/15/2005

For California OSHA regulations addressing silica dust and silicosis, see Title 8 CCR secs. 339, 1538, 5151, 5144 and 5194.

FYI: Welding Fumes
A court in Cleveland recently ruled that plaintiffs can proceed with lawsuits against manufacturers and distributors of welding products. The allegations in the 100,000 or so currently litigated cases is that there is a connection between inhalation of welding fumes and Parkinson's Disease. The culprit is suspected to be manganese, but a nexus has never been established to a scientific probability. The major manufacturer of welding products is Lincoln Electric Holdings of Cleveland. The major distributors are General Electric and Caterpillar. Plaintiff attorneys estimate that there are no less than 500,000 workers nationwide who suffer, or will suffer, from exposures to welding fumes.
– From The Wall Street Journal 7/29/2005

For California OSHA's rules on exposures to welding fumes, see Title 8 CCR sec. 1536 and 1537. For manganese, see Title 8 CCR sec. 339.

FYI: "Desperate Housewives" meet "Arrested Development"
Sources indicate that the current scandal at MassMutual began with the suspicion of former CEO Robert J. O'Connell's wife that her husband was having an affair with a top female executive, Susan Alfano. Her allegations led to an internal investigation which uncovered more than an office romance. According to investigative reports, O'Connell's retirement account rose to over $30 million in recent years, and the overseer of the account was Susan Alfano. Also under investigation is how several of O'Connell's family members received posts at MassMutual and several of its subsidiaries when the firm has strict rules about nepotism.
– From the Wall Street Journal (08/19/05)

(Wouldn't you just love to be at the O'Connell house for Thanksgiving dinner?)

FYI: The Maid Did It
Over $6 million in illegal profits were garnered by international rogue traders before the deal between Reebok International Ltd. and Adidas was announced. The U.S. Securities and Exchange Commission has named at least eight members in its case against the ring, with former cleaning woman Sonja Anticevic being charged with insider trading.
- From the Boston Herald (08/19/05)

See you in September.