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Hard Labor

As safety instructor Fred Mattera looks on, a fisherman jumps into the water in Narragansett, R.I., during a safety drill this month. The immersion training is intended to help curb casualties in the deadliest vocation in the United States, an industry beset by a high death rate and fragile federal net of protection. Jesse Costa/WBUR

Fishing deaths mount, but government slow to cast safety net for deadliest industry

By Ronnie Greene

NARRAGANSETT, R.I. — “Get your panic out now!”

Veteran fisherman Fred Mattera stands atop a fishing trawler at the Point Judith Harbor, seagulls squawking by and a fishy mist in the air, and instructs the seven mostly young, tattooed men standing before him to pull on life-safety immersion suits that cover them from foot to head, to zip up and plunge feet first into the water. Then two groups of fishermen interlock like centipedes and take turns paddling backward until they reach a life raft where, going smallest man first, they pull in one by one.

This is survival training, and the plunge-and-rescue dry run is meant to gird the fishermen for the real thing, which comes too often in an industry beset by a high death rate and fragile federal net of protection.

Commercial fishing is the deadliest vocation in the United States. Four years running, from 2007 to 2010, the Bureau of Labor Statistics ranked commercial fishing as the most dangerous occupation in the United States. From 2000 to 2010, the industry’s death rate was 31 times greater than the national workplace average.

And no place, a recent National Institute for Occupational Safety and Health report reveals, is more deadly for commercial fishermen than the East Coast. From 2000-2009, the NIOSH report shows, 165 fishermen died from Florida to Maine. That’s more than Alaska — 133 deaths — which had long been viewed as the most brutal place for commercial fishing but saw deaths dip amid a safety push. It’s a greater death toll than in the Gulf of Mexico, which suffered 116 deaths, or the West Coast, with 83.

Hard Labor

A coal miner blows into a tube to measure his lung function in a test known as spirometry at Dr. Donald Rasmussen's clinic. David Deal/NPR

GAO report supports science behind black lung rule

By Chris Hamby

Research supports an Obama administration plan to reduce coal miners’ exposure to the dust that causes black lung, a much-anticipated Government Accountability Office report released Friday found.

Last December, House Republicans inserted language into an appropriations bill requiring the study. No money could be used to implement a proposed coal mine dust rule until the GAO evaluated the research underpinning it, the rider said.

The GAO report lends support to one piece of the federal Mine Safety and Health Administration’s efforts to address a resurgence of black lung, particularly in parts of Appalachia. A Center for Public Integrity-NPR investigation in July found that the disease has returned amid widespread cheating on required dust sampling by some mining companies and enforcement lapses by MSHA.

In October 2010, the agency proposed cutting in half the amount of dust to which miners could be exposed, but the proposal has drawn opposition from some in the mining industry and Congress. Some miners’ advocates worry the rule could die, as previous reform attempts have, if it isn’t finalized before the coming election.

“Black lung is a growing health crisis,” Rep. George Miller, D-Calif., said in a statement Friday. “But special interests and their congressional allies have repeatedly tried to stop the mine safety agency from updating its rules to address this disease. The GAO’s report shows that the latest line of attack was groundless and, as a result, unsuccessful. Opponents of the proposed rule attacked the science, but the study they called for shows the science to be sound: the proposed rule would reduce coal miners’ risk of developing black lung.”

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.”

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