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  • 3 high profile workplace VOC violation lawsuits that cost companies millions of dollars

    As the issue of maintaining healthy Indoor Air Quality (IAQ) in the workplace becomes more prevalent, companies are being taken to task for ignoring the harmful effects of poor air quality on their employees. According to the US Environmental Protection Agency (EPA) indoor air quality may be between 2 to 100 times more polluted than outdoor air. Recent years have witnessed an upward trend in number of lawsuits filed against employers relating to poor air quality. Here are some examples. Chevron pays $21.4 Million in damages to families of brothers who died from cancer after daily exposure to VOCs In 2019 a judge in Northern California ordered Chevron Corp to pay the families of two brothers who died of cancer $21.4 Million in damages after concluding the company failed to properly warn the men about the dangers of toxic solvents they worked with at a company tire factory. Gary and Randy Eaves both worked for decades at Cooper Tire & Rubber in Texarkana, Arkanas. As part of their work the brothers were frequently exposed to the chemical benzene, commonly used as a rubber solvent. Benzene is a VOC and known human carcinogen. Gary Eaves was a tire handler and hauler in the tire plant’s curing department. In this role he was exposed to the solvent on daily basis and as a spray booth operator he was responsible for spraying tires with the chemical. Gary also hauled the tires coated in benzene. In June 2013, Gary Eaves was diagnosed with cancerous non-Hodgkin’s lymphoma, at the age of 59. He died just two years later in July 2015. Randy Eaves was diagnosed with acute myelogenous leukemia a few years later, in June 2016. He also died less than 2 years later, in March 2018. Both of the brothers were 59 when they were diagnosed with cancer. The families’ lawyer argued that none of the plant workers wore respirators or protective clothing while working with the solvent and were never advised to handle benzene inside of a ventilation booth. Alexander also argued that the manufacturer should have warned of the dangers of using the chemicals and that the benzene solvent was shipped without Safety Data Sheets that could indicate this. Samsung’s estimated $15.3 Million payout and apology to workers who developed cancer after exposure to VOCs In November 2018 multinational electronics conglomerate Samsung reached a final settlement with a group representing the families of ex-employees who died from leukemia and other cancers while working at the company’s semiconductor plants. The tech giant’s apology and settlement ended a controversy that dogged the company for over a decade. The issue began in 2007 when a 22-year-old woman named Yu-mi Hwang, who had worked at Samsung’s Giheung semiconductor plant, died of leukemia. A year later, a 30-year-old woman who shared a workstation with Yu-mi died, also of leukemia. Thus began a series of reported deaths and severe illnesses affecting Samsung workers. Campaigners claimed that in this time 320 Samsung employees developed illnesses after being exposed to VOCs at chip factories. They also claimed that 118 people died as a result. Benzene, trichloroethylene (TCE) and methylene chloride are VOCs used widely in semiconductor and electronics manufacturing and are associated with cancer, nervous system damage and are also known to affect developing embryos. After years of denying responsibility, Korean smartphone giant promised to offer adequate compensation for employees who died of or developed leukemia from working at the company’s semiconductor plants. Under the agreement, Samsung agreed to compensate any employee who became sick from working in the company’s semiconductor and LCD lines from May 1984 onwards – when Samsung built its first chip line at Giheung. Compensation was based on when and where an employee worked, and the kind of sickness they contracted. Those who suffered leukemia received up to around US$130,000. A conservative estimate of the payout puts this at around $15.3 Million dollars. The decade long fight by campaigners to hold Samsung responsible for health problems related to working conditions, galvanized public opinion and birthed a broader movement to hold businesses accountable for safety lapses in the chip and display industries which use large amounts of chemical compounds. Boeing Aviation in ongoing lawsuit with pilots and air crew over exposure to contaminated cabin air Most recent is the lawsuit filed in Jan 2020 by 3 Delta Airlines flight attendants against aviation giant Boeing. The suit alleges that cabin air on all Boeing’s commercial aircraft (except the 787 Dreamliner) could be filled with toxins due to their use of a “bleed air” system which use the planes engines to draw in outside air. Due to its design the bleed air system may also suck in heated jet engine oil, hydraulic fluid and chemical compounds that can also be found in insecticides and pesticides. The lawsuit stems from an event on a February 2018 flight from Frankfurt to Detroit that left passengers and flight crew sick. The flight attendants claim that while aboard a Boeing 767-300ER aircraft “toxic” air flowed into the cabin. The suit says the fumes cause nausea and dizziness as well as long term health problems such as memory loss, tremors and joint and muscle pain. The suit also alleges that Boeing has known about the design flaw but has failed to fix it and has deceptively created the image that the air in its cabins are safe. Although there are engineering standards that recommend levels of air filtration for airplanes there is no federal requirement for airplanes to install air filters, so that means that the air in many cabins may not be filtered or cleaned in any way, exposing passengers and crew to harmful particulates. Accounts of events similar to that above were echoed in March 2019 when the BBC reported that British Airways, EasyJet, Jet2 and Virgin Atlantic (all operators of Boeing aircraft) were  subject to legal action by the Unite union over “aerotoxic syndrome” . The cases continue. Are you monitoring VOC levels in your workplace? Taking control of the air you and your employees breathe begins with monitoring indoor air quality. As these accounts demonstrate, the  measurement of VOC concentrations in working environments  is increasingly important. Monitoring IAQ is part of being a workplace health compliant employer, will save lives and mitigate worker related litigation.

  • EPAs List of Volatile Organic Compounds in order of toxicity

    Volatile Organic Compounds are organic chemical compounds that negatively affect the environment and human health. They evaporate at normal room temperature and pressure and are present in both indoor and outdoor environments. Outside VOCs tend to affect the natural environment (and indirectly wildlife and humans) e.g. Smog but inside, exposure to VOCs can drastically affect the health of humans. Some VOCs are more volatile than others: those that evaporate faster are more dangerous and pose a greater risk. To provide clarity around VOCs and their risks the United States Environmental Protection Agency (EPA) adapted World Health Organization (WHO) guidelines to divide indoor organic pollutants into 3 classifications: Very Volatile Organic Compounds (VVOCs) Volatile Organic Compounds (VOCs) Semi-Volatile Organic Compounds (SVOCs) The three classifications are all important to indoor air and are all considered to fall within the broad definition of indoor volatile organic compounds. Very Volatile Organic Compounds (VVOCs) VVOCs are the most dangerous class of pollutants and can be toxic at very low concentrations. Examples include propane, butane and methyl chloride. Propane Propane is the most commonly used VVOC and is highly dangerous. Typically it is shipped as a liquefied gas under its vapour pressure and used for heating and cooking. Many households use portable propane heaters to warm garages and utility areas while propane gas grills are used for barbecuing. Butane Used in an almost identical fashion to propane, butane is contained in items including camping stoves, lighters, torches, fridges and freezers. Butane is regarded as one of the more harmful volatile substances to inhale. Methyl Chloride Also known as Chloromethane, this is colorless, flammable, toxic gas that is widely used as a refrigerant but has many other industrial applications. Some examples include: as solvent in petroleum refining, a propellant in polystyrene foam production, a methylating and chlorinating agent in organic chemistry and as a herbicide. Exposure to methyl chloride causes a wide variety of issues from drowsiness and dizziness to seizures and comas depending on the level of concentration and duration of exposure. Volatile Organic Compounds (VOCs) Although less dangerous than VVOCs, VOCs are still hazardous to human health. Generally you are more likely to encounter VOCs as many are found in household products and VOCs may also be present in home or work environments . Exposure guidelines and thresholds for VOCs have been collated and published by the EPA. Below is a list of the most common VOCs. Formaldehyde This VOC is a known carcinogen. Formaldehyde is used to make resins for building materials, coatings for clothing fabrics, and paper. It commonly occurs in molded plastics, glues, lacquers, insulation materials and pressed wood products such as laminate flooring, plywood, fibreboard and particle board. Vinyl Chloride Used to make PVC plastics, piping, floor coverings and consumer goods, Vinyl Chloride is also known as chloroethene, chloroethylene and ethylene monochloride. The United States EPA IRIS program determined that vinyl chloride is “highly likely to be carcinogenic” and those residing close to factories that produce this chemical are at risk. The liver is the main toxicity target of vinyl chloride. Liver lesions and impaired liver function have been reported in workers exposed to low air levels over time. Carbon Tetrachloride EPA cites this VOC as “likely to be carcinogenic to humans”. Historically it was used as a dry-cleaning agent, a refrigerant and propellant for aerosol cans, and used in fire extinguishers and as a grain fumigant. Because of its harmful effects, these uses were banned and now Carbon Tetrachloride is only used in specific industrial applications. Toluene An important chemical used as a gasoline additive and to make nylon, plastics, solvents, dyes, inks and paints. Paints in particular are under scrutiny as both commercial office and home remodeling involves exposing people to this VOC through paint fumes. Low VOC and toluene-free paints are available. In recent years several paint companies have been charged with misleading consumers over claims of VOC free paint products. Acetone Used mainly as a commercial chemical solvent in consumer products and industrial processes, people’s exposure to acetone usually stems from use of paints, glues, nail polishes and particularly nail polish removers – either through home use or at consumer nail beauty bars. It also found in wallpaper and furniture polish. Isopropyl alcohol Used in making cosmetics, skin and hair preparations, pharmaceuticals, perfumes, lacquer formulations, dye solutions, antifreezes, and soaps. However, the most likely exposure to Isopropyl alcohol is via its widespread use as a cleaner and disinfecting agent. Hexanal Hexaldehyde is used as a flavoring in food production and as a fragrance in perfumes. Additionally it is used to create other chemicals that are used in the production of plastics, rubbers and insecticides. People exposed to moderate concentrations of Hexanal for a short time can suffer irritation of the nose, throat, lungs, eyes and skin. Longer periods or higher exposure result in a choking feeling, coughing and rapid breathing. Carbon Disulfide Also called Carbon Bisulfide, this highly volatile compound is used in the manufacture of viscose rayon and cellophane. It is also present in varnishes, solvents and insecticides. The most common source of human toxicity is via inhalation in an occupational setting. Semi Volatile Organic Compounds (SVOCs) SVOCs tend to have a higher molecular weight and boiling point than VOCs meaning they are less likely to become a vapor at room temperature. However, this does not mean they are any less dangerous. The use of SVOCs in building materials, furnishings, electronics, and furniture is often proprietary – usually indicated by the term “additives” – therefore their presence and concentration is not required to be publicly disclosed. This represents a serious gap in information. Examples of SVOCS include: Pesticides Organochlorine pesticides, one more widely known as DDT was used extensively from the 1940s to the 1960s in agriculture and mosquito control. As neurotoxicants they caused severe health and environmental problems which led to them being banned. Chlordane Listed as a “probably human carcinogen”, this SVOC was used as a contact insecticide for lawns and crops until it was discovered that Chlordane was very persistent in the environment, surviving in soils for more than 20 years. Between 1983 and 1998 its only approved used was to control termites, then in 1988 the EPA banned all uses of it. Benzyl Alcohol Benzyl alcohol is used as a solvent, a preservative, and to make other chemicals. It is also used as a fragrance in perfumes and in flavoring, and is an ingredient in ointments and cosmetics. Also used in inks, as a photographic developer, and in dyeing nylon filament, textiles and sheet plastics. Fire retardants A significant source of SVOCs are flame retardant chemicals such as those found in fire extinguishers. Polychlorinated biphenyls (PCBs or PBBs) are the most common of these. Take control of the air you breathe VOCs are ubiquitous in indoor air, the questions are: what concentration levels are in the air you breathe? and how long are you exposed to them? Using sensors to sample indoor air quality and measure VOC concentrations is the only way to know for sure.

  • 6 companies who were caught misleading customers over VOC levels in their products

    Volatile Organic Compounds (VOCs)  are organic chemicals that are damaging to human health. Many VOCs are found in building materials and home improvement products and can off-gas (release their harmful emissions) into indoor air. Due to the risk to human health, VOC level compliance in consumer products is patrolled vigorously by Public Health Organizations. But in the recent past some companies have attempted to put profits before the health of their customers and it hasn’t turned out well for them. Here are some examples: Lumber Liquidators settles VOC non-compliance in flooring lawsuit for $36 Million dollars In 2017 Virginia-based Lumber Liquidators agreed to pay $36 Million to settle 2 class-action lawsuits accusing the company of selling laminate flooring containing dangerous levels of toxins. North America’s largest specialty retailer of hardwood flooring was heavily criticized in a  2015 report by CBSs 60 Minutes  for selling Chinese manufactured product that contained nearly 20 times the legal level of formaldehyde. It was estimated that “tens of thousands” of households in California and “hundreds of thousands” across the United States had installed the flooring. The report further alleged that the wood was falsely labelled as being CARB Phase 2-compliant, referring to the California Air Resources Board, which sets the standards for formaldehyde emissions in world flooring. Formaldehyde is a VOC and known carcinogen. It can cause myeloid leukemia and nasopharyngeal cancer at high levels and respiratory issues and well as eye, nose and throat irritation at low levels. Lumber Liquidators founder Tom Sullivan initially denied any wrong doing by the company, even going as far as  posting a rebuttal on Forbes.com  claiming a short-sellers conspiracy and that “Lumber Liquidators products are safe and only 15% of inventory is laminate from China”. But independent testing of a wide variety of samples showed the Chinese laminate averaged seven times the state standard and some were close to 20 times. Even today, the scandal continues to dog the company: as recently as Jan 21, 2020 shares in Lumber Liquidators Holding Inc slid about 10% after Morgan Stanley downgraded the stock to the equivalent of sell, citing competitive and operational headwinds stemming from the 2015 fallout. Benjamin Moore and 3 others settle allegations of misleading customers over VOC levels in “VOC-free” paints In 2017 four paint companies agreed to settle Federal Trade Commission (FTC) charges that they deceptively marketed products as emission-free or containing zero VOCs. The four companies: Benjamin Moore & Co, ICP Construction Inc, YOLO Colorhouse and Imperial Paints LLC were accused of misleading consumers over the VOC levels in their paint products. Some promotions even made explicit safe claims regarding babies, children and pregnant women all of which the FTC said were unsubstantiated. All of the paint products emitted VOCs during the painting process and while drying and the FTC said the companies did not possess the appropriate scientific evidence to prove their paints would not emit chemicals that could materially harm consumers. The FTC also claimed that the companies circulated misleading information to retailers selling their products leading customers to believe they may have been safer than they actually were. The wording in their adverts, packaging and TV commercials was called into question. Benjamin Moore’s TV ad showed painters in a nursery while a baby slept and included the voiceover: “If you want a paint with no harsh fumes; if you want a paint that is safer for your family and the environment, only this can. Natura by Benjamin Moore”. Imperial Paints claimed that its Lullaby paint was the “safest paint available” and “did not contain toxic chemicals”, and was “Newborn baby-safe. Pregnant mom-safe. Safe enough for kids to paint with.” ICP Construction claimed its Muralo BreatheSafe Paints were “free of VOCs” and “formulated with no harmful solvents and based on sustainable chemistry technology.” Ads claimed BreatheSafe was “ideal for nursing homes, schools, babies’ rooms and health care facilities.” To make matters worse both Benjamin Moore and ICP Construction displayed environmental seals on their packaging without disclosing to consumers that they had “invented” these and awarded them to themselves. In Benjamin Moore’s case, the company placed a “Green Promise” seal on its Natura paints but did not reveal that the official looking seal was in fact of the company’s own creation. ICP included an “Eco Assurance” logo on its BreatheSafe paints, giving the impression that the products were endorsed or certified by an independent third-party. In reality, the seal was created by ICP marketing department. The changes that were ordered for settling the case In settling the FTC charges, the companies agreed to four provisions designed to ensure they did not engage in similar conduct in the future. The companies were: Prohibited from making unqualified emission-free and VOC-free claims, unless both content and emissions are actually zero, or emissions are at trace levels, beginning at application and thereafter. Prohibited from making claims about emission, VOC levels, odor, and other environmental or health benefits, unless they are true and not misleading, and unless the companies have competent and reliable scientific evidence to back them up. Barred from providing third parties with the means of making false, unsubstantiated, or misleading representations about material facts regarding paints. Ordered to correct current unsubstantiated claims by sending letters to distributors, instructing them to stop using existing marketing materials and providing stickers or placards to correct misleading claims appearing on product packaging or labelling. Home Depot USA settles lawsuit for $8 Million over illegal VOC levels in paint In April 2013, Home Depot USA agreed to settle a lawsuit over VOC paint claims for $8 Million. The lawsuit filed by the South Coast Air Quality Management District (SCAQMD) alleged that the company sold thousands of gallons of paint and architectural coating that contained an illegal amount of VOCs – exceeding the limit of 50g of VOC per liter. The lawsuit was initially filed against Home Depot in July 2011. It came after Air Quality Management District (AQMD) inspectors found noncompliant paints at more than two dozen stores. AQMD said that the products were available at stores even after Home Depot management had been notified of the problem and that some of the products had been marked down for quick sale. Prior to the lawsuit, Home Depot had undergone SCAQMD investigations between September 2009 and April 2010; the agency had found violations in over 15 locations. SCAQMD alleged that Home Depot had continued to sell paint laced with illegal amount of VOCs even though it promised to have corrected the problem following a warning by the agency.

  • Scientists urge WHO to take action on indoor air quality to tackle Coronavirus

    A  petition  is calling for the World Health Organization to act quickly to establish indoor air quality guidelines to reduce the spread of airborne diseases such as coronavirus. The petition which urges explicit guidelines around air humidity in public buildings is being supported by members of the medical and scientific community. Headed by Infection Control Consultant at Harvard Medical School, ASHRAE distinguished lecturer & member of the ASHRAE Epidemic Task Group, Dr Stephanie Taylor, the petition asks the Director General of WHO to: Review the scientific evidence related to indoor humidity and respiratory immune system response, viral transmission and virus inactivation, and; Produce guidelines on the minimum lower limit of indoor humidity in public buildings Scientific evidence shows that indoor air maintained between 40-60% relative humidity (RH) has significant benefits for human health. This is the optimal level for the human respiratory immune system and will reduce the spread of respiratory disease. According to the Centers for Disease Control and Prevention (CDC), it is thought that the  COVID-19 virus can spread  “through respiratory droplets produced when an infected person coughs, sneezes or talks.” According to a news release from the National Institutes of Health on March 17, these respiratory droplets seem to be detectable in the air for as long as three hours. “Humidification of indoor air gives people a simple means of actively combatting seasonal respiratory infections.” With regard to Covid-19 behavior in the 40-60% RH band, the airborne droplets containing the virus retain moisture and so become heavier and fall out of the air, allowing physiochemical reactions to deactivate the virus. However when RH is lower than 40% airborne droplets containing the virus shrink through evaporation making them lighter. This enables particles to float for longer in the air, increasing the likelihood of infection. The vast majority of respiratory virus suspended in dry atmospheres also survive longer and remain infectious for far longer than those floating in air with 40-60% RH. Dr Walter Hugentobler, MD, general physician, former lecturer Inst. of primary care at the University of Zürich, added: “Raising air humidity by humidification reduces the risk of virus spread in hospitals and other buildings at low-cost and without causing negative effects. “It can also be easily implemented in public buildings, both in private and workplace environments with relative ease. Humidification gives people a simple means of actively combatting seasonal respiratory infections.” The scientists argue that published guidance on minimum humidity would result in: Significant reduction of infections from respiratory diseases Thousands of lives being saved due to this reduction Alleviation of the burden on Global healthcare services due to seasonal respiratory disease World economies benefitting from less absenteeism Improved indoor environment and health for millions of people The WHO currently has guidance on  indoor air quality issues like pollutants  and mold but no recommendations for minimum humidity Take control of the air you breathe VOCs are ubiquitous in indoor air, the questions are: what concentration levels are in the air you breathe? and how long are you exposed to them? Using sensors to  sample indoor air quality  and  measure VOC concentrations  is the only way to know for sure.

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