Hard Labor

 Tina Hall and her husband, L.V., in 2005. Tina Hall was fatally burned in a workplace accident in Franklin, Ky., two years later.  Courtesy of L.V. Hall

Kentucky death case: Another black eye for state workplace safety enforcement

By Jim Morris

Around midnight on June 1, 2007, Tina Hall was finishing her shift in a place she loathed: the mixing room at the Toyo Automotive Parts factory in Franklin, Ky., where flammable chemicals were kept in open containers.

A spark ignited vapors given off by toluene, a solvent Hall was transferring from a 55-gallon drum to a hard plastic bin. A flash fire engulfed the 39-year-old team leader, causing third-degree burns over 90 percent of her body. She died 11 days later.

After investigating the accident, the Kentucky Labor Cabinet’s Department of Workplace Standards cited Toyo for 16 “serious” violations and proposed a $105,500 fine in November 2007.

“You’re disappointed because you think, that’s all they got fined?” Hall’s sister, Amy Harville, of Moulton, Ala., said in a telephone interview. “But then I thought, at least they got 16 violations. I was thinking they’d stick, as severely as she was burned.”

The violations didn’t stick. Every one of them went away in 2008, as did the fine, after Toyo’s lawyer vowed to contest the enforcement action in court. Last month, in a move believed to be unprecedented in Kentucky, the Department of Workplace Standards reinstated all the violations because, it said, the company hadn’t made promised safety improvements.

The case was another black eye for state-run workplace health and safety programs nationwide. In all, 26 states administer their own programs under federal supervision. Several have been criticized in recent years for capitulating to lawyered-up employers, performing subpar inspections and shutting out accident victims’ families.

Hard Labor

Sheri Sangji at her graduation from Pomona College in May 2008. Courtesy of the Sangji family

Landmark worker death case continues against UCLA chemistry professor

By Jim Morris

LOS ANGELES — Sheri Sangji is on fire.

The 23-year-old research associate, a Pomona College graduate raised in Pakistan, has accidentally pulled the plunger out of a syringe while conducting an experiment in the Molecular Sciences Building at UCLA. The syringe contains a solution that combusts upon contact with air.

The solution spills onto Sangji’s hands and torso, and she is instantly aflame. She isn’t wearing a lab coat; no one told her she has to. Her synthetic rubber gloves provide no protection as the fire burns through her hands to the tendons. She inhales toxic, superheated gases given off by her burning polyester sweater, a process that accelerates as she runs and screams.

It’s December 29, 2008, mid-afternoon. The UCLA campus is mostly quiet for the holidays, but chemistry professor Patrick Harran’s team is working. Harran is in his office, one floor up from Room 4221, where at his direction Sheharbano “Sheri” Sangji has been trying to produce a chemical that holds promise as an appetite suppressant. She is unsupervised.

Two postdoctoral fellows from China are nearby when Sangji catches fire. One runs upstairs to summon Harran, the other tries to smother the fire with his lab coat. He doesn’t think to put Sangji under an emergency shower a few feet away. By now, deep burns cover almost half her body.

Harran finds Sangji “sitting on the floor,” her clothes “either caked to her or burned off,” he later tells an investigator.

After 18 days, on January 16, 2009, Sangji succumbs to her wounds at the Grossman Burn Center in Sherman Oaks, Calif.

Hard Labor

UCLA chemistry professor Patrick Harran and the UC Board of Regents face felony charges for the death of lab worker Sheri Sangji, a landmark worker safety case. Adithya Sambamurthy/CIR

Landmark criminal case against UCLA professor in worker death may end Friday

By Jim Morris

Four days after Christmas 2008, UCLA research associate Sheri Sangji caught fire. She was performing an experiment in a university laboratory and accidentally pulled the plunger out of a syringe filled with a chemical that combusts upon contact with air. The chemical spilled on her hands and torso, burning almost half her body. She died 18 days later. She was 23.

Sangji’s supervisor, chemistry professor Patrick Harran, faces felony charges for the accident, as does the University of California’s Board of Regents. It’s the first time a professor in the United States has been criminally prosecuted in connection with the workplace death of an employee. Harran and university lawyers are to appear in a Los Angeles courtroom on Friday. A long-delayed arraignment may take place — or, a plea agreement may be announced.

Harran and UCLA Chancellor Gene Block have called Sangji’s death a tragic accident, not a crime. Sangji’s sister, Naveen, feels differently. “If this were a regular person out on the street who got drunk and killed someone,” she says of Harran, an award-winning researcher, “he would be going to jail.”

On Friday the Center for Public Integrity will publish an in-depth story, produced jointly with the Center for Investigative Reporting, on the Sangji case. The story is part of the Center’s Hard Labor project.

Hard Labor

Tragic lab accident kills young worker

Sheri Sangji at her graduation from Pomona College in May 2008.

Courtesy of the Sangji family

Sheri Sangji’s lab notes for December 29, 2008, the date of the fire.

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Sheri Sangji’s sister, Naveen, walks to a court hearing for Patrick Harran in Los Angeles.

Adithya Sambamurthy/CIR

The UCLA campus

Adithya Sambamurthy/CIR

The fume hood in the UCLA Molecular Sciences Building in which Sheri Sangji was working on Dec. 29, 2008.

 

A lab in the UCLA Department of Chemistry and Biochemistry.

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Sheri Sangji’s sister, Naveen, center, listens during a court hearing for UCLA Professor Patrick Harran in June. To her right is Zahra Khan, a close friend of Sheri Sangji, who died after a lab fire in 2008.

Adithya Sambamurthy/CIR

UCLA chemistry professor Patrick Harran and the UC Board of Regents face felony charges for the death of lab worker Sheri Sangji, a landmark worker safety case.

Adithya Sambamurthy/CIR

Hard Labor

U.S. Rep. Hal Rogers, a Kentucky Republican, is chairman of the House Committee on Appropriations. AP Photo/Ed Reinke

GOP seeks to kill black lung reform

By Chris Hamby

House Republicans inserted language in a budget bill unveiled Tuesday that would kill a proposed rule to protect coal miners from dust that causes black lung.

Democrats on the House Committee on Appropriations objected, saying in a statement, “Recent reporting by NPR and the Center for Public Integrity has highlighted the need for more effective ‘black lung’ disease prevention efforts as there has been a resurgence of the disease among coal miners.”

The Center-NPR investigation found that, after decades of decline, black lung is making a comeback, increasingly afflicting younger miners with a more severe, faster-progressing form of the disease. The system for monitoring miners’ exposure to dust is riddled with loopholes, and regulators have sometimes failed to enforce even these rules. Mining companies have taken advantage of a self-policing system to manipulate dust sampling results for decades.

In 2010, the federal Mine Safety and Health Administration proposed a rule that would close some loopholes, though it would still leave much of the sampling in the hands of mining companies. Last December, House Republicans inserted language in a previous budget bill that would have barred any money from being spent to implement the rule until the Government Accountability Office evaluated whether the proposal was necessary. That study is on track to be released in August.

The insertion of a paragraph into the new Labor Department’s budget bill goes further, barring the agency from using any money to continue developing the rule, issuing it or enforcing it.

Hard Labor

A coal miner performs a lung function test in a mobile clinic run by the National Institute for Occupational Safety and Health (NIOSH) in Norton, Va. After decades of decline, black lung is back. Its resurgence is concentrated in central Appalachia, and younger miners are increasingly getting the most severe, fastest-progressing form of the disease. Federal regulators are assembling a team of lawyers and other experts to consider how to bolster coal mine dust enforcement given systemic weaknesses revealed by the Center for Public Integrity and NPR. David Deal/NPR

IMPACT: Labor Dept. assembling expert team on mine dust enforcement after CPI-NPR investigation

By Chris Hamby

Federal regulators are assembling a team of lawyers and other experts to consider how to bolster coal mine dust enforcement given systemic weaknesses revealed by an investigation into the resurgence of black lung by the Center for Public Integrity and NPR, according to an internal Labor Department communication.

The effort, involving officials from the Mine Safety and Health Administration (MSHA) and other offices within the Labor Department, includes discussion of how regulators might be more aggressive in filing civil and criminal cases against mining companies that violate dust standards, the communication says.

The investigation by the Center and NPR documented a recent increase in cases of deadly coal workers’ pneumoconiosis, commonly known as black lung. It highlighted rampant cheating on dust sampling by coal companies, rules riddled with loopholes and weak enforcement.

Black lung was supposed to have been eradicated after a 1969 law forced coal companies to control the amount of dust miners breathe. After declining from the 1970s through the mid-1990s, the disease has reappeared, in part because of flaws in MSHA regulations. The agency proposed a rule in 2010 that would close some loopholes but leave much of the dust sampling in the hands of coal companies, preserving a self-policing system critics and government panels have recommended eliminating for years.

MSHA spokeswoman Amy Louviere wouldn’t discuss specific plans by the agency but said: “[I]t is obvious more needs to be done. We’re carefully reviewing the issues that were raised by NPR and CPI, and are committed to taking whatever actions are necessary to end black lung disease.”

Hard Labor

A longwall mining machine operator watches as the massive device cuts through a coal seam in a mine near Cameron, W.Va. Dale Sparks/AP

GOP budget move stalls black lung plan

By Ken Ward Jr.

CHARLESTON, W.Va. — Across the Appalachian coalfields these days, it's hard to go anywhere without hearing about what mining lobbyists and political leaders call the Obama administration's "war on coal."

Radio ads blare the message of lost jobs and stalled permits. Lawmakers propose measures to block U.S. Environmental Protection Agency air pollution rules. Industry lobby groups and state officials pursue lawsuits to stop new water quality guidance on mountaintop removal mining.

Seldom mentioned by coal industry advocates is a little-noticed move by their allies in Congress to delay — and potentially end altogether — another Obama effort, this one aimed at saving the lives of thousands of coal miners.

It happened in mid-December 2011, in a legislative maneuver that got little media attention. The tactic and its potential impacts certainly avoided the sort of outcry that has come each time the EPA proposed new restrictions on mountaintop removal mining or the disposal of toxic coal ash.

Lawmakers added language to a Department of Labor budget bill that barred the federal Mine Safety and Health Administration from implementing or enforcing a proposal to reduce miners' exposure to the coal dust that causes deadly black lung disease.

A House Appropriations Committee summary listed the black lung language among several provisions "to reduce government overreach, rein in excessive regulation, and help foster a good economic environment for job growth."

Buried in the 165-page legislation, the measure demanded an audit of MSHA data showing black lung still exists, and an assessment of the agency's methodology in writing its proposal.

The U.S. Government Accountability Office was ordered to complete that study within 240 days. MSHA can't act on the rule until after that deadline expires on Aug. 19. A GAO spokesman said the agency is on track to issue its report sometime in August.

Hard Labor

Ray Marcum, left, and Thomas Marcum share fishing stories at Jenny Wiley State Park near Prestonsburg, Ky. James Crisp/AP Images for The Center for Public Integrity

Black lung surges back in coal country

By Chris Hamby

PRESTONSBURG, Ky. — Ray Marcum bears the marks of a bygone era of coal mining. At 83, his voice is raspy, his eastern Kentucky accent thick and his forearms leathery. A black pouch of Stoker’s 24C chewing tobacco pokes out of the back pocket of his jeans. “I started chewing in the mines to keep the coal dust out of my mouth,” he says.

Plenty of that dust still found its way to his lungs. For the past 30 years, he’s gotten a monthly check to compensate him for the disease that steals his breath — the old bane of miners known as black lung.

In mid-century, when Marcum worked, dust filled the mines, largely uncontrolled. Almost half of miners who worked at least 25 years contracted the disease. Amid strikes throughout the West Virginia coalfields, Congress made a promise in 1969: Mining companies would have to keep dust levels down, and black lung would be virtually eradicated.

Marcum doesn’t have to look far to see that hasn’t happened. There’s his middle son, Donald, who skipped his senior year of high school to enter the mines here near the West Virginia border. At 51, he’s had eight pieces of his lungs removed, and he sometimes has trouble making it through a prayer when he’s filling in as a preacher at Solid Rock Baptist Church.

There’s James, the youngest, who passed on college to enter the mines. At 50, his ability to breathe is rapidly declining, and his doctor has already discussed hooking him up to an oxygen tank part-time.

Both began working in the late 1970s — years after dust rules took effect — and both began having symptoms in their 30s. Donald now has the most severe, fastest-progressing form of the disease, known as complicated coal workers’ pneumoconiosis. James and the oldest Marcum son, Thomas, 59, have a simpler form, but James has reached the worst stage and is deteriorating.

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