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The flooring products in questions allegedly release formaldehyde, which can affect people's health and well-being.

The flooring products in questions allegedly release formaldehyde, which can affect people’s health and well-being.

Los Angeles, CA — It’s bad enough to be facing a parade of lawsuits ranging from allegations of stock price affectations to defective products. However, when Anderson Cooper and the venerable 60 Minutes comes knocking at your door, you know you’re not going to have a good day.

Such are the issues facing Lumber Liquidators, a US vendor of Chinese flooring products that are alleged to have not only failed California’s so-called CARB-2 safety standards, plaintiffs also claim levels of formaldehyde in the products exceed safe limits by serious margins.

The issue takes on greater significance given the adoption of the California Air Resource Board Phase 2 (CARB-2) emissions standard for formaldehyde in manufactured products as the US standard several years ago, which finally comes into effect nationwide later this year.

According to the report aired on 60 Minutes, glue used in the production of laminate flooring can sometimes contain formaldehyde. In low levels it’s not considered a problem, especially when the formaldehyde is encased in the product, preventing emissions from escaping into the air.

The problem with Lumber Liquidators Flooring formaldehyde, according to the allegations, is that a greater level of formaldehyde is used in the production of products for Lumber Liquidators, in an effort to keep costs down.

Such a high level of formaldehyde, according to environmental experts interviewed by CBS News for 60 Minutes, can succeed in escaping from the product into the air, making homeowners ill.

That’s the allegation carried in a Lumber Liquidators Defective Flooring Class Action Lawsuit filed by John and Tracie-Linn Tyrrell in federal court in California March 5.

According to the Richmond Times Dispatch (3/5/15), John Tyrrell began experiencing symptoms that include extreme shortness of breath, weakness, fatigue, and incessant coughing and sneezing shortly after he and his son-in-law installed the laminate flooring.

“Despite repeated medical tests, his doctors have not been able to identify the cause of these symptoms,” the lawsuit claims.

The proposed class action seeks to represent any consumer who purchased Chinese flooring products from Lumber Liquidators in the last four years. They seek re-imbursement for the material and installation, as well as unspecified damages.

The lawsuit also seeks to force Lumber Liquidators’s hand by having an injunction granted, preventing the company from selling the allegedly defective products.

“Based on lawsuits, articles and blog posts, [Lumber Liquidators] knew or should have known that its laminate wood flooring products were not compliant with [California emissions] standards,” the lawsuit said.

“Despite this knowledge, defendant failed to reformulate its flooring products so that they are compliant or to disclose to consumers that these products emit unlawful levels of formaldehyde.”

Lumber Liquidators, according to the Dispatch report, is “currently reviewing the allegations contained in this lawsuit,” the company said.

“It appears that many of the claims mimic contentions raised in a separate suit that was filed by a law firm that also represents a short-seller, which looks to benefit from decreases in our stock price, in another action against us. We believe in the safety of our products and intend to defend this suit vigorously.”

Out of 31 samples of Chinese flooring products imported by Lumber Liquidators independently tested by 60 Minutes at two certified testing labs, all but one sample presented with seriously high levels of formaldehyde that exceeded state and pending federal guidelines.

Upon dispatching reporters to the manufacturing facility in China, 60 Minutes was told the facility had the capability of manufacturing to the CARB-2 standard, but switched to cheaper manufacturing methods that utilized higher levels of formaldehyde in the wood glue for products manufactured for Lumber Liquidators.

Officials of the manufacturing facility also admitted to 60 Minutes reporters using a hidden camera that products were improperly labeled as CARB-2 compliant, or so it is alleged.

In a filing, Lumber Liquidators said “we believe that ‘60 Minutes’ used an improper test method in its reporting that is not included in California regulations and does not measure a product according to how it is actually used by consumers. We stand by every single plank of wood and laminate we sell all around the country.”

The case is John Tyrrell et al v. Lumber Liquidators Inc., Case No. 2:2015cv01615, California Central District Court.

Source: LawyersandSettlements.com

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Hair stylists who use certain products may harm their health.

Hair stylists who use certain products may harm their health.

NEW YORK – All a receptionist at Salon Zoë hair salon wanted to do was make her fellow employees aware of health hazards associated with products containing formaldehyde that were regularly used by haircutters and stylists at the business in the Riverdale section of the Bronx.

Her employer responded by firing her.

As a result, the U.S. Department of Labor is suing the business and its owner, Kristina Veljovic, for discrimination, and seeking redress and compensation for the worker who exercised her rights under the Occupational Safety and Health Act.

“This firing was illegal and inexcusable,” said Robert Kulick, regional administrator in New York for the Labor Department’s Occupational Safety and Health Administration.

“It’s against the law to fire or otherwise retaliate against an employee for informing colleagues about possible health hazards in their place of employment. Such behavior not only intimidates workers, it also can deny them access to knowledge that will protect them against workplace hazards.”

The suit filed in the U.S. District Court for the Southern District of New York says the worker began to experience respiratory distress in December 2011, including difficulty breathing and an impaired sense of smell. She sought medical attention on multiple occasions over the next several months. During this period, she also told her employer that she believed the salon’s hair-straightening products, which contain formaldehyde, were causing her health problems.

On June 27, 2012, she informed fellow employees of the presence of formaldehyde in the salon’s products and provided several co-workers with copies of an OSHA fact sheet* detailing the dangers of formaldehyde exposure.

Two days later, Kristina Veljovic terminated her employment. In July 2012, a physician confirmed that the worker’s respiratory distress resulted from her formaldehyde exposure at work. She subsequently filed an antidiscrimination complaint with OSHA, which investigated and found merit to her complaint.

“No employee should be fired for raising awareness of a potential workplace health hazard,” said Jeffrey Rogoff, the regional Solicitor of Labor in New York. “Under the Occupational Safety and Health Act, the Labor Department has the authority to file suit against employers who retaliate against employees and it will do so when the case warrants. This is clearly one of those cases.”

The department’s lawsuit asks the court to affirm the discrimination charge and permanently prohibit the defendants from illegally retaliating against employees in the future.

It also seeks payment of lost wages as well as compensatory, punitive and emotional distress damages to the employee, an offer of reinstatement with full benefits and seniority and the removal of all references to the matter in the worker’s employment records.

It would also require the employer to prominently post a notice that she will not discriminate against employees.

In a related action, OSHA’s Tarrytown Area Office conducted an inspection of Salon Zoe and cited the company in December 2012 for lack of a chemical hazard communication program and for not providing the salon’s employees with information and training on formaldehyde and other hazardous chemicals.

OSHA enforces the whistleblower* provisions of the OSH Act and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available here.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.

Source: OSHA

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Hair salons, beauty centers and spas often use products that can contain and emit harmful chemicals and fumes.

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Electrocorp’s CleanBreeze 3 was designed for beauty salons and spas

These substances can affect worker health and well-being, especially after long-term exposure.

Electrocorp has designed a wide range of air cleaners for the hair styling and beauty industry, which help remove harmful fumes, chemicals, particles, odors and other contaminants from the ambient air.

Other air purifiers, such as Electrocorp’s CleanBreeze3, comes with a source capture attachment that can be positioned close to the head where the treatment is being used and helps remove harmful chemicals such as formaldehyde before they spread.

For more information and a free consultation, contact Electrocorp by calling 1-866-667-0297 or writing to sales@electrocorp.net.

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