Posted October 07 2008 - 11:00 PM
The following month, September, was an eventful one. That was the month that almost all the car washers were exposed to a hazardous chemical. I am sharing this documentation because it would be a useful format for workers to use in dealing with similar situations. I am not posting all the documentation associated with this incident. It's sufficient to say that there was additional docomentation, including the material data sheets as well as a copy of the article that was published in Convoy Dispatch.
TO WHOM IT MAY CONCERN
RE: ZEP 885 INCIDENT. SEPTEMBER 1989
For your information attached is the bulk of my documentation concerning the ZEP-885 incident which commenced in September of 1989. I was told, by coworkers, that my documentation was instrumental in approximately $40,000 in fines being levied against UPS. Numerous citations were issued against UPS by CAL O. S. H. A. The District Safety Manager formally apologized to the car-washers that were exposed to the chemical. Local 78 Business Agent, Mr. Robert McAlister, initiated actions that resulted in a rewording of the Northern California Supplemental Agreement to the Teamster Contract pertaining to the handling of newly introduced chemicals to the work place. My documentation was brought to the attention of the editor of Convoy Dispatch, a national Teamster newspaper, and an article was written and distributed to 100,000 Teamster readers (copy of article included).
I have included the letter of intent to discharge that was apparently issued in retaliation for the actions I took in trying to resolve this situation. The harassment commenced and the attached letter of intent to discharge was issued immediately after the six-month period of protection under Cal O. S. H. A regulations had expired. I was issued a termination letter for violating an unwritten Company Policy. I experienced approximately two months of acute anxiety and faced the possibility of termination only to learn, just prior to panel, that United Parcel Service would drop the charges against me if I agreed to stop writing letters to upper management. I was told, by my Business Agent, that company management had acknowledged that the District Manager, Mr. Bob Alcorn, had initiated the actions that were taken against me because his position was put in jeopardy by my documentation of the ZEP 885 incident. It was then clear that the disciplinary actions were merely a form of behavior modification with a clandestine motive. I felt fortunate that I had not lost my job. As a result, I have been hesitant to point out problems for the past seven years.
It was demonstrated that Management was not truly concerned with the violation of an unwritten company policy. They simply wanted to control my letter writing.
Chuck Engel
Steward, Teamster Local 78
September 20, 1989
To WHOM IT MAY CONCERN
RE: OVEREXPOSURE TO ZEP 885 TIRE PAINT
A formal complaint has been filed with both CAL O. S. H. A. and the office of the U.P.S. National Safety Manager in Connecticut. A investigation will be held. It would be helpful if you would, document any reactions that you have experienced as a result of exposure to this product. Copies of doctor’s reports would be excellent. Please document any conversations with management and circumstances or conditions under which you were instructed to work that would be pertinent to an investigation. Please give a copy of this information to your steward as soon as possible. This information will be requested by the CAL-OSHA investigator and included in the letter that will be sent to the National Safety Manager.
Everyone required to use ZEP FORMULA 885 should familiarize themselves with the MSDA (material safety data sheets) (copy attached). Following is a recap of pertinent information found on the MSDA sheets including additional Instructions from CAL-OSHA.
There are two ways ZEP 885 enters your blood stream. It enters through your skin and by inhalation. Adverse health effects would not be expected under recommended conditions of use so long as prescribed safety precautions are practiced,
If you get tire paint on your skin it should be washed off as soon as possible. The employer is required to supply you with a skin cream containing lanolin. Get medical attention if irritation persists. If you get tire paint in your eyes immediately flush with plenty of water for at least 15 minutes, occasionally lifting upper and lower lids. Get medical attention at once.
If you feel nausea, headache, vertigo or stupor a OSHA approved respir¬ator may be required for you to use this product. If this is the case a physician will have to authorize use of a respirator following a medical exam to determine if the individual can use a respirator safely. The fiberglass dust mask currently supplied by the company is inadequate for respiratory protection. Notify a supervisor immediately, in the presence of a witness, if you feel that you are unable to operate a vehicle safely due to exposure to this chemical. DO NOT BREATHE SPRAY MISTS OR VAPORS.
Protective shoes or shoe protectors should be provided by the employer. Clothing and or shoes which become contaminated should be removed promptly and not reworn until thoroughly cleaned. The employer is required to supply you with gloves with proven resistance to the Ingredients in ZEF-885. Ask for the proper gloves if the chemical is penetrating the gloves you are wearing, MSDS recommended goggles should be worn when using, this product.
C. Engel
SEPTEMBER 14, 1989
RE: OVEREXPOSURE TO ZEP 885 TIRE DRESSING
1 The following incident occurred at the United Parcel Service
2 Oakland Hub, 8400 Pardee Drive, Oakland, California 94621.
3 At 7:30 p.m., 09/14/89, the car washers were instructed by
4 supervisors Bruce Rogers and Adolph Sanchez to apply tire
5 dressing to the tires of all package cars they would service
6 that night. They were not informed as to the nature of the
7 chemical they would be using. The carwash supervisor demon-
8 stated how the chemical was to be applied to the tires. The
9 car washers were told to spray the tire dressing on the tires
10 with spray bottles. They would then rub the dressing over the
11 surface of the tire with a cloth. Several unmarked spray
12 bottles containing a liquid similar to solvent were brought
13 out to the fuel island. Two unmarked buckets and a one quart
14 oil can were also brought out to the fuel island to be used
15 for refilling the spray bottles. One car washer was instructed
16 to stay at the fuel island and do as many cars as possible.
17 The rest of the car washers would do all of the cars he couldn't
18 get to. It was a breezy night and a quantity of the spray was
19 blown back onto the car washers as it was being applied. No
20 protective gloves or goggles were issued by supervision. We
21 were not advised that the chemical we were using could be
22 irritating to the skin or eyes. Automotive District Manager,
23 Doug Proctor, was present at the fuel Island and in the
24 immediate vicinity for the first hour and a half the chemical
25 was used. He was fully aware of the method of application and
26 the conditions under which the chemical was being applied.
27 At approximately 10:00 p.m. car washers began complaining about
28 feeling nauseated, light headed and dizzy. At this time Carwash
29 Steward, Ray Jauregui, asked Carwash Supervisor, Adolph Sanchez,
30 if he had read the label describing the chemical that was being
31 used. Mr. Sanchez could not or would not give Mr. Jauregui an
32 answer. Mr. Jauregui then demanded to see the label. Upon
33 reading the label, it became apparent that the chemical was
34 toxic. Additional car washers began to complain of nausea
35 and feeling light headed while Ray was with Adolph. Ray
36 summoned Carwash Safety Rep., Frank Borghi. Frank read the
37 label on the container and immediately asked Adolph to show him
38 the Material Safety Data Sheets. Adolph told Frank that he
39 couldn't find the Material Safety Data Book.
40 At this point it became clear that it would not be possible to
41 Inform the car washers of signs of overexposure or possible
42 health risks associated with using this product. The car washers
43 also had no way of knowing what constituted proper protective
44 gear or what precautions they should observe when handling this
45 chemical. The car washers were informed that they could file an
46 accident report if they felt they were experiencing overexposure
47 to this chemical. They were also told that they had the right
48 to go to the hospital if they felt it was necessary. Ten of the
49 eleven car washers on duty chose to go to the hospital. The
50 car washers were driven to the hospital in the Safety Training
51 Vehicle by their supervisor, Adolph Sanchez. There was at least
52 one case of severe eye irritation. Some of the car washers were
53 suffering from skin rashes. The majority had reactions associated
54 with breathing the vapor. The car washers were instructed by the
55 doctor to go home, remove and launder or dispose of their
56 clothing as soon as possible and take a shower. They were left
57 waiting at the hospital for approximately three hours, after
58 they were examined, before their supervisor picked them up and
59 drove them back to the Oakland Hub.
SEPTEMBER 15, 1989
RE: OVEREXP0SURE TO ZEP 885 TIRE DRESSING
60 Mr. Larry Ferrigno, East Bay Regional Labor Relations Manager,
61 called Mr. Bob McAlister, Business Agent, Teamster Local 78.
62 He notified Mr. McAlister that he considered the actions of
63 the car washers, the night before, to be a walkout. He also
64 told Mr. McAlister that he intended to lay-off eight car washers
65 effective the following Monday. This information was relayed to
66 Carwash Steward, Ray Jauregui, by Mr. McAlister, prior to the
67 7:30 p.m. starting time, September 15, 1989. At 7:30 p.m.,
68 September 15, 1989, the car washers were instructed to continue the
69 tire dressing program. Acting Automotive Manager, Bruce Rogers,
70 told the car washers, at the beginning of their shift, that he had
71 been told by a doctor at poison control that the chemical being
72 used for tire dressing was harmless. The use of spray bottles
73 was discontinued. The car washers were instructed that the tire
74 dressing was to be applied with sponges. The sponges were to be
75 dipped in a bucket of tire dressing and then wiped onto the
76 surface of the tires* The Material Safety Data Sheets were
77 still not available to the car washers on this date. Rubber
78 gloves, goggles and fiberglass face masks were issued at the
79 beginning of the shift. The rubber gloves were not MSDA recomm-
80 ended and allowed the chemical to seep through to the skin. The
81 fiberglass face masks offered no respiratory protection and
82 permitted the vapors to enter the lungs of the car washers. At
83 about 11:30 p.m., Ray Jauregui went upstairs to clean his hands.
84 When he removed his gloves, clerk Torn Johnson exclaimed:
85 "Your hands are swollen*" Ray noticed a redness on the top of
86 his fingers in addition to the swelling. He was also experiencing
8? a tingling sensation in the skin of his right hand. By midnight,
88 three car washers had a rash on their hands and wrists and were
89 complaining of a lack of sensation in their hands. An additional
90 three car washers were complaining of symptoms similar to the
91 preceding night. The Carwash Supervisor was not on duty at this
92 time. The car washers continued working until the end of their
93 shift.
SEPTEMBER 18, 1989
RE: OVEREXPOSURE TO ZEP 885 TIRE DRESSING
94 At 4:30 p.m., September 18, 1989, Mr. Doug Proctor, Automotive
95 District Manager and Mr. Steve Alvord, Automotive Supervisor
96 showed the car washers a piece of scratch paper with the names
97 of three chemicals they stated were in the tire dressing. Mr.
98 Proctor insisted that the chemicals were "harmless”. He informed
99 the car washers that the tire dressing contained only the three
100 chemicals listed on the scratch paper. He did not give a list
101 of these chemicals to any of the car washers. The Material Safety
102 Data Sheets were still not made available to the car washers on
103 this date. At the time that Mr. Proctor stated that the chemicals
104 were harmless, Mr. Jauregui showed him the chemical burns on the
105 top of his right hand. Mr. Jauregui asked Mr. Proctor: If you
106 think it's harmless, where do you think I got these burns?
107 Car washer Gerald Murphy also showed Mr. Proctor the chemical burns
108 on his wrists at this time. Mr. Proctor replied: Well Ray, you
109 shouldn't dip your hand into the bucket and allow the tire dressing
110 to get into your glove. Mr. Proctor evidently wasn't aware, at
111 this time, that the gloves being used were not MSDA recommended
112 and allowed the chemical to seep through to the skin. Ray Jauregui
113 answered: The only time I dipped my bare hand into the tire
114 dressing was on Thursday, before we were issued gloves! The
115 car washers were directed to continue applying the tire dressing
116 on this date. They continued to react to the chemical. In some
117 cases the reactions were more severe than on 9-15-89. They were
118 told by Automotive Supervisor, Mr. Steve Alvord, that there were
119 no accident reports when they complained of symptoms of
120 overexposure. They were told to file accident reports on a piece
121 of scratch paper.
122 SEPTEMBER 19 THROUGH 22, 1989
123 Mr. Bruce Rogers, Acting Automotive Manager, gave Mr. Chuck
124 Engel, Alternate Steward, a copy of the Material Safety Data
125 Sheets. The MSDS Sheets were photocopied and copies distributed
126 to the car-washers on September 20, 1989. This was the first
12? time the car-washers were notified of the nature of the chemical
128 they were being instructed to use and safety precautions they
129 should observe. On September 22, 1989f three car washers were
130 laid-off.
October 6, 1989
Mr. Frank Wondrasch
National Safety Manager
UNITED PARCEL SERVICE
Greenwich Office Park
Greenwich, Conn. 06830
Dear Mr. Wondrasch
Attached is the documentation your office requested pertaining to the overexposure of ten car washers to ZS? 885 Tire Dressing at the Oakland Hub.
An initial interview was held by Mr. Kim Hagadone of the Oakland Office of CAL-OSHA with the District Safety Manager, Mr. Bijan K. Eskandanian and Automotive Management on September 29, 1989. The car washers involved were contacted by CAL-OSHA the following week. The Investigation is still open.
The lack of a timely response by management to our safety concerns has unfortunately made these actions necessary.
Thank you for your Interest in this matter.
Sincerely
Charles Engel Alternate Steward
cc:
Mr. Jack Rogers
Mr. Bob Alcorn
(34671)
The Dalai Lama, when asked what surprised him most about humanity, answered “Man. Because he sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. Ant then he is so anxious about the future that he does not enjoy the present; the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived.”
"The day will come when our Republic will be an impossibility because wealth will be concentrated in the hands of a few. When that day comes, we must rely upon the wisdom of the best elements in the country to readjust the laws of the nation."
-- President James Madison
02-03-2012
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Shaman, on Dec 1 2006, 07:35 PM, said:
