Air Quality

rrhammett

We have a good employee that has been with us for eight years.

For the past five years she has been enduring more frequent respiratory problems. She has had pneumonia three times during the past year. She sees a lung and heart specialist that has done many test and now concludes that her work environment is the cause. He advises her that she will have to find other employment. She has not filed for a workers comp claim but wants to know what are her options.

We are a printing company and we don't have the best air quality. We do have complaints from other employees with respiratory and sinus problems. I have requested on several occasions to upper management to conduct an air quality test. The upper management refuses to do so.

I am in need of some direction of how to handle this problem with the employee and upper management.

safety

As a suggestion you could go to the OSHA web site and put in your SIC code. From there print our any fines given to similar companies and ask upper management if the company can afford the fines. Also ask them if they are prepared for an OSHA inspection as this ee will probably file a complaint with OSHA. You can also reinforce a respiratory protection policy and explore exhaust systems within your location. As for the ee, good luck. Looks like a WC claim and a potential OSHA complaint.

bsa

Check the MSDS's of the chemicals that you use in your printing process to determine if any of them cause respiratory problems. Then ask upper management how they would feel about OSHA coming to visit as the result of a complaint. OSHA has some very complicated regulations that may or may not apply --- and you really, really don't want a surprise visit by OSHA to see if they do.

OSHA has a voluntary compliance program that might allow you to make the necessary changes to your process without penalty from OSHA during the process. They might assist you with an air quality test and advise methods to fix the problem if there is one.

As a last thought, the illness should be reported to your work comp carrier. If it is not reported, you could be looking at a different OSHA violation, and also your state's work comp laws. I believe that this would qualify as recordable on your OSHA 300 Log.

Whatever

You should see if the wc carrier does inspections for the purpose of improving working (safety) conditions. We have found these inspections to be helpful.

LindaS

I would recommend contacting your W/C carrier. Many times they will come and do the testing for you, for free, and give you the results in a manner that you can understand and also let you know where you stand with the OSHA regulations. In addition, take a look at the MSDSs to see if any of them recommend PPE equipment (respirator) and follow accordingly.

rrhammett

According to NIOSH, carbonless paper contains many chemicals including but not limited to formaldehyde. Carbonless paper chemicals can be absorbed dermally or by inhalation. Adverse health effects were first exposed in the early 60s. Symptoms attributed to inhalation include nasal congestion, drainage, bleeding and irritation; upper respiratory; asthma; throat irritation, joint pain, fatigue, and headache just to mention a few.

I have provided upper management with the pertinent information regarding air quality in our industry.

Keep quite, I'm told!

Does this liable me personally as the HR Administrator?

Don D

Very probably, yes! The people who advise you to 'be quiet' about violations of law are the same people who disappear when a charge arises. And they are the same people who will deny giving you that advise when a charge is filed. Do what you know to be in accordance with law and make some detailed notes about advice to you to the contrary. It may save your bacon.

marc

This is starting to sound unconscionable! Reminds me of the coal mining companies taking atrocious advantage of the miners; the cigarette companies pulling the wool over the consumers eyes; Enron, TYCO, etc, etc.

How in the world can they advise you to keep quiet? Keeping your journal is a good idea, but people are at risk here and something must be done. I don't think you have to shoulder the burden alone. You have received some good advice in these posts, but if the higher ups in the company indeed already know about this, and a worker is starting to complain, it won't be long before the lid is blown off the boiling pot!

I like the think the best of people, so just maybe the exec.s are quietly working behind the scenes - investigating the appropriate capital expenditures that will make the plant safe? My naive nature may be showing here.