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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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IBM and plaintiffs settle over TCE spill suit.

IBM and plaintiffs settle over TCE spill suit.

IBM Corp. will settle a lawsuit brought by 1,000 plaintiffs who alleged that toxic spills from the company’s former Endicott manufacturing plant caused illnesses and deaths, damaged property values and hurt businesses.

Both sides announced the settlement without revealing details of the agreement.

“IBM and the plaintiffs’ counsel have reached this agreement in an effort to resolve these cases without further burdensome and expensive litigation,” said the joint statement from the litigants.

The settlement brings to a close a more-than six-year saga in which IBM and those who claim they were harmed by the toxic releases waged a fierce legal battle on monetary rewards.

Affected residents, in a multi-million-dollar liability lawsuit against IBM, claimed the company should pay for the damage caused to residents around what once was the company’s main domestic manufacturing facility.

From 1935 to the mid-1980s, IBM used TCE (trichloroethylene) to clean metal parts in degreasers at its industrial campus in the Village of Endicott. In 1979, the company discovered some of the TCE had pooled in groundwater beneath the facility and appeared to be migrating.

Soil vapor intrusion

Contamination from soil vapor intrusion was detected by the late 1990s, and by 2002, IBM began testing the air at the request of state health and environmental agencies. Basement ventilation systems were eventually installed in more than 400 homes.

Settlement negotiations between the parties began last July, when state Supreme Court Justice Ferrous D. Lebous requested that representatives of both sides start meeting about an out-of-court settlement. Negotiations were apparently successful, culminating with Tuesday night’s release that the parties agreed to a settlement that satisfied both sides.

Lawyers of those who brought the suit against IBM said they will conduct meetings with clients over the coming weeks to present terms of the settlement.

IBM representatives said the company will continue the environmental cleanup that has been ongoing since the widening toxic plume was discovered.

Pumps spread throughout Endicott pull pollution from the ground through structures called recovery wells.

Over time, these wells have grown in number from four to more than 22, and to date, they have recovered more than 815,000 pounds of trichloroethylene and other toxic chemicals, with an unknown amount remaining beneath the village.

Company officials have never publicly explained IBM’s role in the disaster, and their legal position was that the company always handled chemicals responsibly and in accordance with standards of the day. They have not denied their former operations were a primary contributor to the pollution. They have not admitted it, either, nor have they offered a detailed explanation of the source of the problem.

Cleaning up industrial solvents

Representatives of the company said it was cleaning up the solvents from multiple industries that have operated in the region’s industrial corridor for generations. Endicott was also home to the vast shoe manufacturing empire of Endicott Johnson Corp., once the region’s largest employer.

However, the toxic-liability suit named only IBM as the source of the chemicals that tainted parts of Endicott’s commercial district and nearby residences.

IBM sold the 140-acre campus to Huron Real Estate Associates in 2002. Current tenants include i3 Electronics (formerly Endicott Interconnect), BAE Systems and Binghamton University, among others.

Lawyers for IBM have long contended it was following the responsible path, picking up the sizable costs for cleaning the spill and providing venting systems for properties designated at-risk for vapor intrusion.

Both sides scored initial victories as the case wound its way through the courts. Lower courts ruled against IBM’s motion to have the case dismissed, and ruled in favor of a plaintiff’s motion to have charges of negligence — the underpinnings of the case — tried before a jury.

But lower court rulings also eliminated or limited some aspects of the litigation, including the charge that the pollution constitutes a trespass in all cases, and the claim that IBM should be held accountable for monitoring the medical condition of all plaintiffs, including non-property owners.

IBM was also able to limit claims for medical monitoring to only people claiming other damages, such as illness or property loss. That eliminated claims for a potentially large group of plaintiffs — renters and children, for example — who may have been exposed but did not develop illnesses or suffer property damage.

Source: PressConnects

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Soil vapor intrusion and other sources of chemical exposure can affect health and well-being – especially with long-term exposure.

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Bar tending and waitressing (especially in smoky environments) can affect your lungs.

Bar tending and waitressing (especially in smoky environments) can affect your lungs.

Your lungs work hard. Most adults take more than 20,000 breaths a day. But just how well your lungs do their job may be affected by the job you do.

Chemicals. Germs. Tobacco smoke and dirt. Fibers, dust, and even things you might not think are dangerous can damage your airway and threaten your lungs.

“The lungs are complex organs,” says Philip Harber, MD, MPH, professor of public health at the University of Arizona in Tucson. “Occupational and environmental exposures can lead to scarring or fibrosis, asthma, COPD, and infection or cancer.”

The good news: Many on-the-job lung dangers are preventable. Depending on your line of work, making certain changes can be key: Improve ventilation, wear protective equipment, change the way you do your work, and learn more about hazards, for examples.

Here are 10 jobs where precautions may help you avoid work-related lung damage.

1. Bartending and Waitressing

Secondhand smoke has been linked to lung cancer. It remains a threat to workers in cities where smoking hasn’t been banned in public places. Casino workers also can find themselves in a cloud of smoke.

No one’s going to wear a respirator while serving martinis or dealing a blackjack game. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings won’t keep nonsmokers from being exposed.

Short of working to change policy, the best solution may be to find another job.

“Unfortunately, the individual worker has limited options,” says Susanna Von Essen, MD. She’s a University of Nebraska Medical Center professor of internal medicine in the division of pulmonary, critical care, sleep, and allergy.

2. Housekeeping and Cleaning

Some cleaning supplies, even so-called “green” or “natural” products, have harmful chemicals that have been linked with developing asthma.

“Cleaners are reactive chemicals, meaning that they react with dirt and also with your lung tissues,” Von Essen says.

Some release volatile organic compounds, which can contribute to chronic respiratory problems and allergic reactions. Read labels and follow instructions.

Consider using “simple cleaning agents like vinegar and water or baking soda,” Von Essen says. Open windows and doors to keep the area well ventilated, too.

3. Health Care

Doctors, nurses, and other people who work in hospitals, medical offices, or nursing homes are at increased risk for lung diseases such as tuberculosis, influenza, and severe acute respiratory syndrome (SARS).

So, health care workers should keep up with immunizations (including the flu vaccine) that the CDC recommends for them.

Health care workers may also develop asthma if latex is used in gloves or other supplies. Latex-free synthetic gloves are an alternative.

Hair stylists who use certain products may harm their health.

Hair stylists who use certain products may harm their health.

4. Hair Styling

Certain hair-coloring agents can lead to occupational asthma. Some salon hair-straightening products contain formaldehyde, a known carcinogen. It’s also a strong eye, nose, throat, and lung irritant.

Good ventilation is important. Because wearing a respirator might cause appointments to cancel, know what’s in the products you’re working with. If they’re not safe, find a safer product.

5. Manufacturing

Some factory workers risk getting asthma or making their existing asthma worse. Asthma not caused by work but made worse by it affects as many as 25% of adults with asthma, Harber says.

Factory workers can be exposed to everything from inhaled metals in foundries to silica or fine sand, which can lead to silicosis, a disease that scars the lung, or increased risk of lung cancer.

A lung disorder called “popcorn lung,” or bronchiolitis obliterans, has been seen in plant workers exposed to some of the flavoring chemicals used to make microwave popcorn. Again, respirators and proper ventilation are key for those workers. (No risk of “popcorn lung” has been seen in people who eat that popcorn.)

6. Construction

Workers who demolish old buildings or do remodeling can be exposed to asbestos used as insulation around pipes or in floor tiles.

Even minimal exposure to its microscopic fibers has been linked to a variety of problems. One is mesothelioma, a form of cancer, Von Essen says.

Exposure also seems to raise the risk of small-cell lung cancer and can lead to asbestosis, or scarring of the lung. Removal should be left to trained and licensed crews.

“Know where the asbestos is,” Von Essen says. “Follow all the rules and don’t take chances.”

7. Farming

Working with crops and animals can lead to several disorders. Hypersensitivity pneumonitis is a rare but serious problem caused by repeated exposures to mold-contaminated grain or hay. The lung’s air sacs become inflamed and may develop scar tissue.

Grain in metal bins can get moldy. Breathing dust from this grain can lead to fevers, chills, and a flu-like illness called “organic dust toxic syndrome.” Farmers also are more likely to report a cough and chest tightness.

“We think about 30% of farmers who grow crops in this way have had that at some point,” Von Essen says. Workers in hog and chicken barns sometimes get an asthma-like syndrome.

“Dust and ammonia levels together seem to be risk factors,” she says. Keep grain from getting damp, ensure adequate ventilation, and wear a respirator.

8. Auto Body Spray Painting

People who work in auto body shops are often exposed to chemicals known as isocyanates. They’re a significant cause of occupational asthma.

“It’s frequently a career-ending disease where they need to leave their profession,” Harber says.

Using quality respirators that are appropriate for your task can lessen the risk. It also helps to enclose the area being sprayed and to have a ventilated exhaust system. Better yet, replace hazardous materials with safer ones.

9. Firefighting

Firefighters are exposed to toxic chemicals that may affect their health. Photo: www.freedigitalphotos.net

Firefighters are exposed to toxic chemicals that may affect their health.
Photo: http://www.freedigitalphotos.net

People who battle blazes are exposed not only to the fire, but also to other materials, including burning plastics and chemicals. Firefighters can significantly lower their risk of lung disease and other problems by using a “self-contained breathing apparatus” (SCBA). These devices should also be used during “mop up” or the clean-up period.

“Many of the chemicals are still in the air,” Harber says. Ventilation also is critical.

10. Coal Mining

Underground miners are at risk for everything from bronchitis to pneumoconiosis, or “black lung.” It’s a chronic condition caused by inhaling coal dust that becomes embedded in the lungs, causing them to harden and make breathing very hard.

“This can cause progressive massive fibrosis and can kill people,” Von Essen says.

Again, protective equipment can limit the amount of dust inhaled.

Source: WebMD

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Firefighters are exposed to toxic chemicals that may affect their health. Photo: www.freedigitalphotos.net

Firefighters are exposed to toxic chemicals that may affect their health.
Photo: http://www.freedigitalphotos.net

When firefighters rush out the firehouse doors, sirens screeching on the way to fight fires, they put their lives on the line in more ways than one.

In responding to roughly 28,000 fire calls a year, members of the San Francisco Fire Department are routinely exposed to flame retardants, diesel exhaust and other toxic chemicals that seep out of raging infernos and work their way into the air.

A growing body of evidence strongly suggests that exposure increases firefighters’ risk of developing cancer. But until now, studies have focused on men.

That’s about to change. Members of the San Francisco Fire Department are working with researchers at UC Berkeley, UCSF and the Silent Spring Institute to find out whether exposure to toxic chemicals increases the risks of breast cancer in female firefighters.

The project, known as the Women Firefighters Biomonitoring Collaborative Study, has been under way for about a year.

“Since breast cancer is a cancer that more commonly affects women, and because of anecdotal evidence that the firefighters have been experiencing (many cases of breast cancer), we wanted to see if there was a link,” said Jessica Trowbridge, a UC Berkeley researcher who is coordinating the study.

Trowbridge and her colleagues are gathering blood and urine samples from about 160 women — 80 San Francisco firefighters and 80 city office workers who will serve as the control group — to use in measuring chemical, hormone and melatonin levels.

They will also measure the lengths of the women’s telomeres, caps on the ends of chromosomes that are associated with aging and cancer, also thought to be related to chemical exposure and working demanding night shifts.

Firefighters in general have higher rates of cancer, especially respiratory, digestive and urinary system varieties, a recent National Institute for Occupational Safety and Health study found.

That study included women, but there weren’t enough of them to draw robust conclusions about their cancer risks, according to the Centers for Disease Control and Prevention.

With about 225 female firefighters, San Francisco is better equipped than most cities for a study like this: Women make up about 13 percent of its firefighting population, said Heather Buren, a lieutenant and paramedic with the fire department who is working on the study.

In 2011, less than 5 percent of firefighters nationwide were women, according to the Bureau of Labor Statistics.

Researchers will also test for other chemicals that could contribute to higher rates of cancer in both groups of women, who are probably exposed to personal care and household products as well.

There has been a cultural shift with respect to chemical exposure. For one, firefighters now have better breathing masks, which they’re encouraged to wear for longer periods of time in toxic environments.

There are also rules prohibiting members of the department from storing their turnouts — the suits they wear to fight fires — in firehouse rooms where they eat and sleep.

The San Francisco Firefighters Cancer Prevention Foundation, which organizes screenings and promotes cancer prevention in the department, is partially responsible for those changes. It was formed in 2006 by Tony Stefani, a retired firefighter who himself fought cancer.

Researchers have nearly finished enrolling participants for the breast cancer study. They hope to have results published in two years. The women who participate in the study will be able to see their individual results when they are complete.

 Source: San Francisco Gate. This article has been edited for length.
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The carpet industry has been responding to concerns about chemical exposure.

The carpet industry has been responding to concerns about chemical exposure. Photo credit: “Swatches of carpet 1” by Quadell

New carpet smell used to be considered an asset. After all, it meant a new product.

But in recent years, customers have been asking for carpets that don’t “off-gas,” meaning carpets that won’t release chemicals, which may be hazardous to health.

And the carpeting industry seems to have taken the hint.

For one thing, most carpets no longer release those volatile organic compounds, or VOCS, that come from the glues or other components. Consumers should look for the industry-run certification Green Label Plus.

More carpet is made of recycled content, and more is being recycled all the time.

Indeed, the carpet industry has been a leading innovator in construction, said Janet Milkman, executive director of the Delaware Valley Green Building Council.

“They’ve been analyzing the environmental impacts of their products and processes for years, and are now looking deeply into the human health impacts,” she said.

Experts credit the U.S. Green Building Council’s building certification system, LEED (Leadership in Energy and Environmental Design), which sets standards and drives purchasing decisions.

The thousands of buildings across the nation that are now LEED-certified represent countless phone calls to manufacturers from architects and interior designers asking about all kinds of environmental considerations, said Max Zahniser, who once ran the LEED certification program but returned to Philadelphia seven years ago to start a green consulting firm, Praxis Building Solutions.

Enough of those, and manufacturers take heed.

Hurdles remain

While American rugmakers have stopped using stain repellents made from perfluorinated chemicals, some think the replacements aren’t much better. And carpet made abroad, even if it’s for a U.S. company, may contain the old chemicals.

Some companies still use vinyl plastic in the backing; triclosan may be used as an antimicrobial as well. Both are linked to health effects, said Michael Schade, a campaign director with the nonprofit advocacy group, Safer Chemicals/Healthy Families. Ask, he said, and choose alternatives.

Last year, researchers at the Healthy Building Network, a nonprofit that works to reduce the use of hazardous chemicals in building products, looked at 50 “asthmagens” – substances that can cause asthma – in carpet and other building materials.

Only three were covered by the leading indoor air quality protocols, said Jim Vallette, one of the researchers.

There seems to be no end to things consumers should consider.

Deep-pile or not? Over time, deep-pile carpet will generally harbor more microbiotic organisms.

Natural wool or manmade fiber such as nylon? Wool often does not have stain-resistant chemicals or flame-retardants, another group of chemicals that concern health professionals. But it’s not very durable, and so is less sustainable.

Nylon is durable, but it’s made from petrochemicals. Then again, it’s recyclable.

That’s another major industry advance, experts say. Many companies have take-back programs for older, less environmentally friendly carpeting.

But in the push to increase the proportion of recycled materials in carpet in order to meet sustainability goals, some manufacturers are using coal fly ash – a byproduct from coal-fired power plants that may contain heavy metals – as a filler in the carpet backing.

Whatever type of carpeting you get, the advice of experts is to take care of it – extending its lifespan and reducing its environmental footprint (not to mention the drop in your bank account).

That includes cleaning it with a vacuum or chemicals that are too brutal on the poor rug. The institute’s website (www.carpet-rug.org) lists its approved vacuums and cleaners.

This article has been edited for length. Source: Philly.com


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