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| Jim Morris cannot
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For welder William
Arnett Jr., 41, death came in the form of a pneumonia-like condition that
confounded doctors with its resistance to treatment.
For refinery dockworker
Jesus Frias, 45, the killer was aplastic anemia, a rare and painful blood
disease.
And it was heart
failure that took the life of Lenzie Butler, a 49-year-old refinery operator.
It's entirely possible,
despite their proximity to hazardous substances in the Houston-area petrochemical
complex, that none of these men died of work-related causes. Certainly,
none of their employers -- Belmont Constructors (Arnett), Lyondell-Citgo
(Frias) and Shell Oil (Butler) -- reported the deaths to the Occupational
Safety and Health Administration, as they must do when there is even a
suspicion of work-relatedness.
But questions about
these untimely deaths are being raised by the men's families and former
coworkers:
Why did Arnett --
an exceptionally healthy man, according to his wife -- succumb Oct. 29
to a strange respiratory ailment he should have been able to fight off?
Could it have had anything to
do with his presence in the Rohm and Haas Texas chemical plant on Oct.
15, when a still-unidentified agent sent 32 workers to the hospital with
complaints of nausea, dizziness and breathing difficulties?
How could Lyondell-Citgo
not have reported Frias' death as possibly work-related, knowing that
he worked around the solvent benzene for 20 years and having access to
medical literature
linking benzene exposure to aplastic anemia? OSHA's Houston South Area
Office is investigating a complaint against the company, Area Director
Ray Skinner confirmed last week, although he would not elaborate.
Is it a coincidence
that Butler died on Jan. 28, 1993, three days after a large cloud of vaporized
oleum -- fuming sulfuric acid -- drifted onto Shell property from the
neighboring Lubrizol chemical plant?
OSHA rules require
employers to report, within eight hours, any death that is or may be work-related,
or any accident that causes three or more workers to be admitted to a
hospital.
Bob Whitmore, chief
of OSHA's Division of Record Keeping Requirements in Washington, said
the agency expects employers to "err on the side of reporting"
whenever a questionable death
occurs. He cited this recent case as an example: A worker in the steel
industry with a preexisting heart condition was lowered into a pit for
15 minutes; when he was pulled up, he was dead.
"The company
argued this clearly was not work-related because the guy had a bad heart,"
Whitmore said, but the death should have been reported because the victim's
work environment may have caused or contributed to it.
Skinner said an
employer "cannot make an arbitrary and capricious decision"
about whether to report a fatality to OSHA, which uses the data to identify
hazardous companies and industries.
But some employers
are reluctant to report any but the most glaring fatal accidents -- crushings,
falls, electrocutions -- because of the many repercussions such fatalities
bring. Apart from OSHA investigations, they often draw bad publicity,
lawsuits and scrutiny from insurance companies. They make workers uneasy
and blemish managers' safety records, possibly jeopardizing this year's
bonus or next year's promotion.
Sometimes even obvious
cases go unreported. In February, OSHA's Lubbock Area Office cited the
Copan Corp., a small oil field service company in the Panhandle, for failing
to report two deaths -- one by heart attack on July 3, 1990, and the other
by asphyxia on Nov. 5, 1993. The company did not contest the citation
and paid a $4,500 fine.
Erratic reporting
is one reason the federal government's occupational health and safety
database is inadequate and preventive efforts have had limited success,
especially in industries such as construction.
In a 1987 study,
a National Academy of Sciences panel noted: "There is no single agreed-upon
estimate of the number of occupational fatalities in the United States."
The panel found that in 1984, the estimated number of work-related deaths
ranged from 3,740 (U.S. Bureau of Labor Statistics) to 11,700 (National
Safety Council).
"The panel
found it rather startling than an agreed-upon method has not been devised
to estimate a phenomenon as basic as traumatic death in the workplace,"
the study says. Those who have followed the issue since 1987 say there
is no reason to believe things have improved markedly.
Without good data
on workplace deaths, injuries and illnesses, "everybody's kind of
shooting in the dark," said Stephen Newell, director of OSHA's Office
of Statistics. "How are you going to prevent something unless you
know it exists?"
Although OSHA has
taken no action against the employers of William Arnett, Jesus Frias and
Lenzie Butler, their former coworkers and survivors believe the deaths
were work-related.
Arnett, an ironworker
and welder with 20 years' experience, had been with Belmont Constructors
only three months when he got sick at the Rohm and Haas plant in Deer
Park on Oct. 15.
He came home that
evening complaining of chills and "shaking real bad," said his
wife of 22 years, Belinda. Although he felt very ill, he went to work
the next three days because the plant was in a maintenance shutdown, and
work was behind schedule, his wife said. "My husband was always labeled
a hard worker. He always did more than he had to."
Finally, on the
evening of Oct. 18, Arnett admitted he was too sick to work. "At
this point he was scared," his wife said. "He had chills, high
fever, he started coughing real bad."
Arnett saw a doctor
on Oct. 19 and was told he probably had pneumonia and should get to a
hospital immediately. His wife took him -- "shaking violently"
-- to the Ben Taub emergency room, and by the next morning he was on life
support. He never regained consciousness and died Oct. 29.
The doctors at Ben
Taub at first diagnosed pneumonia, Belinda Arnett said. "As time
went on they were stumped. They couldn't understand why he wasn't responding
to anything because he was so young and healthy. This was the first time
he'd ever been in the hospital. He'd never had the flu."
She authorized an
autopsy, the results of which should be available soon.
Belmont officials
did not return telephone calls from the Chronicle. After an investigation
of the Oct. 15 incident at its plant, Rohm and Haas reported Dec. 5 that
"there is no objective evidence for toxic exposure" among any
of the sickened workers to either cyanide or ammonia, chemicals that were
initially suspect.
But Belinda Arnett
and her attorney, Jerry Swonke, said they will continue to investigate
William Arnett's death.
"It was so
unexpected," Belinda Arnett said.
In the case of Jesus
"Jesse" Frias, the cause of death is no mystery. He died Aug.
9 of aplastic anemia, a rare ailment in which the red, white and platelet
cells in the blood are reduced. He had worked for 20 years as an operator
on the docks at the Lyondell-Citgo refinery, helping load and unload benzene-containing
products.
What is a mystery
is why, given the connection between aplastic anemia and benzene, Lyondell-Citgo
didn't report Frias' death to OSHA. The American Medical Association's
Encyclopedia of
Medicine, for example, says that while the disease sometimes develops
for "no known reason," long-term exposure to benzene fumes "has
been implicated as a cause."
Lyondell-Citgo spokesman
David Harpole said, "The great majority of blood-related illnesses
are not related to chemical exposures, and we have no information to tie
(Frias') illness to a work-related exposure."
Frias' wife, Virginia,
said she had never heard of aplastic anemia until her husband was diagnosed
with it last spring. The first clue that something was amiss came when
Jesse Frias bled excessively after having a tooth pulled.
"The next thing
I know he's in the cancer center at Bayshore Hospital," Virginia
Frias said. "One day you're OK, and the next day they're telling
you you're gonna die."
Frias' death --
along with the premature deaths of at least six other Lyondell-Citgo dockworkers
in the past decade, two additional cancer cases on the docks, and a string
of cancers in the refinery's "coking" area -- prompted a union
workers' committee to ask the company for an independent health survey.
The company refused.
"When I see
nine people (on the docks) in 10 years come up with these kinds of afflictions,
then the red flag is up," said committee chairman David Taylor, a
member of Oil, Chemical and Atomic Workers Local 4-227. "I'm saying
(to Lyondell-Citgo), "Maybe you're missing something."'
The union, which
represents nearly 800 refinery workers, has the right to seek a third-party
health investigation under terms of its contract, Taylor said. But Lyondell-Citgo
spokesman Harpole said the company has no health data "that would
indicate any reason for us to bring in a third party."
Virginia Frias has
sued Lyondell-Citgo, Arco (part-owner of the refinery) and suppliers of
the benzene-containing products, alleging they "knew for decades
the dangers associated with the chemical benzene" but failed to warn
Jesse Frias and other dockworkers and failed to give them protective equipment.
The suit claims
the defendants "entered into a conspiracy" by withholding medical
information from workers, deleting damning material from scientific studies
and altering or terminating studies "that would prove unfavorable
to them."
Virginia Frias'
attorney, Catherine Baen, said that Jesse Frias' death was caused by benzene
exposure and should have been reported to OSHA.
"Even the most
conservative hematologists and oncologists will agree that benzene is
a cause of aplastic anemia," Baen said.
For several years,
workers at Shell's Deer Park refinery have complained about chemical releases
from Lubrizol, Shell's neighbor to the east. The releases have become
so commonplace that Shell, in company memoranda, typically lists its plant
injury and illness rates "excluding Lubrizol events."
Some of the most
alarming incidents have involved oleum, a liquid that can cause fatal
respiratory disease in large doses and can cause eye and skin burns and
nose, throat and lung injury in
lesser amounts.
Lenzie Butler was
working as an operator the morning of Jan. 25, 1993, when a cloud of vaporized
oleum -- created when a Lubrizol tank ruptured and plant workers doused
it with water -- wafted onto Shell property. Butler died three days later,
and Shell moved quickly to quell rumors that chemical exposure had precipitated
his heart failure.
"This employee
was not, repeat was not, exposed to oleum," said one company communication
obtained by the Chronicle. "We at first had a statement or rumor
that he was, but that is not the case."
In a prepared statement,
Deer Park refinery manager Steve Reeves said that "based on our knowledge
of (Butler's) medical history and the coroner's death certificate furnished
to Shell Oil Co., it is clear to us that this particular employee did
not suffer a work-related death. As such, the death does not qualify to
be reported to OSHA as a work-related death."
Butler's survivors
and 12 Shell workers have sued Lubrizol, however, alleging that carelessness
with oleum contributed to Butler's death and gave the others lingering
respiratory problems and other ailments. Plaintiff's attorney Keith Hyde
of Beaumont declined to comment on the suit, and Butler's relatives could
not be reached for comment.
David Reel, general
manager of Lubrizol's three Houston-area plants, said he does not believe
the company was negligent or that the oleum cloud had any major effect
on the Shell workers.
"We had an
incident that was unexpected, and we had safeguards in place that should
have kept that from occurring," Reel said. Four Lubrizol officials
testified in depositions last month, however, that the oleum tank that
ruptured did not have a pressure-relief valve. It does now.
Reel said Lubrizol
has "done a great deal" since January 1993 to prevent off-site
chemical releases and has largely succeeded, although "we've had
some nuisance odors that have been noticed by some of our Shell neighbors"
since that time.
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