SAFETYLEX

TORT LAW & LEGAL NEWS: SILENT TORT REFORM

The New York Times reports on "silent tort reform" occurring in the nation's capital.  The paper finds that officials in the executive branch have been quietly instituting federal agency rules aimed at overriding (through federal preemption) state tort law and state regulations that protect citizens' health and safety.  Times reporter Stephen Labaton writes: 

Using a variety of largely unheralded regulations, officials appointed by President Bush have moved in recent months to neuter the states. At the urging of industry groups, the federal agencies have inserted clauses in new rules that block trial lawyers and state attorneys general from applying both higher standards in state laws and those in state court precedents ... Last month, for instance, the bedding industry persuaded the Consumer Product Safety Commission to adopt a rule over the objections of safety groups that would limit the ability of consumers to win damages under state laws for mattresses that catch fire. The move was the first instance in the agency's 33-year history of the commission's voting to limit the ability of consumers to bring cases in state courts.  In January, the Food and Drug Administration approved a drug label rule that pre-empts state laws. The rule will make it easier for pharmaceutical makers to prevail in consumer lawsuits that could have been brought under state laws more favorable to victims.  Pending before the National Highway Traffic Safety Administration are proposals announced last year by the agency that would pre-empt state laws on the safety standards for car roofs and seat positions ... On Wednesday the House of Representatives, at the urging of the White House and the food industry, adopted a food safety measure that would prevent the states from imposing higher standards than those set by the F.D.A. The bill ... was strongly opposed by the states.

SAFETY & HEALTH RIGHTS: DOE v. UNOCAL DOCUMENTARY

Last month, the documentary film Total Denial won the the Vaclav Havel Award at the One World International Human Rights Documentary Film Festival.  The movie details the story of the Doe v. Unocal lawsuit.  The lawsuit was brought on behalf of Burmese citizens harmed by the Yadana pipeline project (a joint venture of Total, Unocal and the Burmese government).  Last year, the parties entered into a settlement agreement resolving the case. 

SAFETY & HEALTH NEWS: PARAQUAT REPORT

Earlier this year, the Pesticide Action Network and Berne Declaration released a report regarding use of the pesticide known as paraquat.  The report, titled Paraquat - Unacceptable heath risks for users, notes that adverse health effects from paraquat exposure are found worldwide.  The report states:

Paraquat is acutely toxic and may damage the lung several days after absorption.  Workers who come into contact with paraquat solutions over a longer time frequently contract localised injuries to skin or dermatoses, which increase the risk of paraquat absorption through skin significantly. There is no antidote against paraquat poisoning. Acute health effects that occur frequently among paraquat users include eye injury, nosebleed, irritation and burns of skin or other parts of the body.  Chronic exposure to paraquat is likely to increase the risk of developing Parkinson's disease and may lead to small but significant alterations of gas exchange in the lung. There is evidence that reproductive health can be affected, and that paraquat is genotoxic and may cause lymphoma and precancerosis of the skin.

The report raises a question whether the pesticide can be used safely under any circumstances and suggests that continued use of the pesticide may violate agricultural workers' fundamental safety and health rights.