From: Peter Zavon <pzavon**At_Symbol_Here**rochester.rr.com>
Subject: Re: [DCHAS-L] Can A Woman Who Lost Her Arm In A Lab Explosion Sue UHawaii?
Date: Thu, 6 Sep 2018 15:06:37 -0400
Reply-To: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>
Message-ID: 000001d44614$bdff6a70$39fe3f50$**At_Symbol_Here**rochester.rr.com


 

Civics class?  What school system still offers such a class?

 

 

Peter Zavon
Penfield, NY

PZAVON**At_Symbol_Here**Rochester.rr.com

 

 

From: ACS Division of Chemical Health and Safety [mailto:DCHAS-L**At_Symbol_Here**PRINCETON.EDU] On Behalf Of Monona Rossol
Sent: Wednesday, September 05, 2018 3:40 PM
To: DCHAS-L**At_Symbol_Here**PRINCETON.EDU
Subject: Re: [DCHAS-L] Can A Woman Who Lost Her Arm In A Lab Explosion Sue UHawaii?

 

Ralph, Most interesting.  You explained the diverging interests in managing claims in a single 53-word sentence. Very clear and concise summary.  They are grad students.  They'll understand.  Put a similar sentence that reflects the position in the actual school they are entering so they are aware of the traps in the playing field they will be in.   

 

Even more important, in Civics class in high school, where most students already have jobs, explain to them that even if their employer puts them in harms way knowingly, they can't sue him.  Let them know they lost their right to sue in a bargain that leaves disable workers and the families of decease workers with next to nothing.  Let them start their working lives with a bit of the truth under their safety belts.  And tell them that working safely is the only way to survive this unfair system.

 

Monona Rossol, M.S., M.F.A., Industrial Hygienist

President:  Arts, Crafts & Theater Safety, Inc.

Safety Officer: Local USA829, IATSE

Safety Consultant:  SAG-AFTRA

181 Thompson St., #23

New York, NY 10012     212-777-0062

actsnyc**At_Symbol_Here**cs.com   www.artscraftstheatersafety.org


 

 

-----Original Message-----
From: Stuart, Ralph <Ralph.Stuart**At_Symbol_Here**KEENE.EDU>
To: DCHAS-L <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>
Sent: Wed, Sep 5, 2018 9:28 am
Subject: Re: [DCHAS-L] Can A Woman Who Lost Her Arm In A Lab Explosion Sue UHawaii?

> The employer (university) would rather pay workers compensation than be exposed to a Tort, this is why they include the parking lot as a workplace injury even though you are not on the clock - certainly not out of altruism.
>
For many years, the EHS group I was in was in the risk management department, which also included the insurance professionals, of a University. Based on that experience, I wouldn't attribute a lack of altruism to the employer, but rather than to the insurance companies that manage the payment of claims. There were many cases where either the employee's supervisor or the institution tried to make the case that an employee should be treated more generously and the insurance company did not agree. And the insurance company had the final say.

The impact of the diverging interests in managing claims leads to the muddy situation that many grad students find themselves in with regard to workers compensation because the decision as to whether they are covered are made on a case by case basis often by the academic department rather than "the employer". See
https://www.chronicle.com/article/Graduate-Students-at-Cornell/145221
for how this played out in a well-publicized case in 2014.

This confusion makes Monona's suggestion to include a discussion of this topic in grad student orientation, while a good one, rather a challenge.

- Ralph

Ralph Stuart, CIH, CCHO
Environmental Safety Manager
Keene State College
603 358-2859

ralph.stuart**At_Symbol_Here**keene.edu

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