Washington Supreme Court rules that state law requires cholineste rase monitoring for pesticide handlers

[Guest guest]

WASHINGTON SUPREME COURT RULES FARM WORKERS WHO HANDLE

TOXIC PESTICIDES ARE ENTITLED TO MEDICAL PROTECTION

On February 7th, the Washington State Supreme Court ordered the

State Department of Labor and Industries (L & I) to develop mandatory rules

for medical monitoring of farm workers who handle neurotoxic pesticides.

The ruling came in Rios v. Department of Labor and Industries, a suit filed

in 1997 by farm workers who suffered repeated illness from handling these

pesticides. The Supreme Court found that L & I's own team of technical

experts had reviewed the most current research and found that the monitoring

program requested by the farm workers was " both necessary and doable. " It

therefore ruled that L & I's refusal to adopt a monitoring program violated

the Washington Industrial Safety and Health Act (WISHA).

The Court noted that overexposure to neurotoxic pesticides can be

fatal and can result in symptoms such as respiratory distress, repetitive

muscle contractions, blurred vision, cognitive difficulties, and seizures.

Monitoring of the blood enzyme cholinesterase, which the farm workers

sought, enables employers to identify workers who have been overexposed to

these widely-used pesticides, known as organophosphates and carbamates, and

remove workers from exposure before they become ill. Monitoring also helps

to identify unsafe work practices. A 1995 L & I technical report cited by the

Court noted that, " The National Institute of Occupational Safety and Health

(NIOSH) and the World Health Organization (WHO) recognize routine blood

cholinesterase monitoring as an important tool in the prevention of

poisoning among workers who regularly handle these [neurotoxic] pesticides. "

The workers were represented by Earthjustice Legal Defense Fund,

Heller Ehrman White & McAuliffe LLP, and Columbia Legal Services.

The Court's opinion can be found at:

http://www.courts.wa.gov/opinions/recent.cfm

Dan Ford

Columbia Legal Services

ph: 206.464.1122, ext. 213

fax: 206.626.5366

email: dan.ford@...

[Guest guest]

Dear MHRG members,

As one who has observed the process unfold which ultimately lead to this

decision, I feel you should all be aware of the tireless, selfless and

heroic efforts of Dan Ford in fighting the legal fight that made this

happen. He is a remarkable man and a true champion. In whatever form a

round of applause should take on an email list, I propose we raise one for

Dan Ford.

C. Keifer MD MPH

Box 359739

Harborview Medical Center

325 9th Ave

Seattle, WA 98104-2499

phone 206 341 4452 phax 206 731 2066

On Sun, 10 Feb 2002, Dan Ford wrote:

>

> WASHINGTON SUPREME COURT RULES FARM WORKERS WHO HANDLE

> TOXIC PESTICIDES ARE ENTITLED TO MEDICAL PROTECTION

>

>

> On February 7th, the Washington State Supreme Court ordered the

> State Department of Labor and Industries (L & I) to develop mandatory rules

> for medical monitoring of farm workers who handle neurotoxic pesticides.

> The ruling came in Rios v. Department of Labor and Industries, a suit filed

> in 1997 by farm workers who suffered repeated illness from handling these

> pesticides. The Supreme Court found that L & I's own team of technical

> experts had reviewed the most current research and found that the monitoring

> program requested by the farm workers was " both necessary and doable. " It

> therefore ruled that L & I's refusal to adopt a monitoring program violated

> the Washington Industrial Safety and Health Act (WISHA).

>

> The Court noted that overexposure to neurotoxic pesticides can be

> fatal and can result in symptoms such as respiratory distress, repetitive

> muscle contractions, blurred vision, cognitive difficulties, and seizures.

> Monitoring of the blood enzyme cholinesterase, which the farm workers

> sought, enables employers to identify workers who have been overexposed to

> these widely-used pesticides, known as organophosphates and carbamates, and

> remove workers from exposure before they become ill. Monitoring also helps

> to identify unsafe work practices. A 1995 L & I technical report cited by the

> Court noted that, " The National Institute of Occupational Safety and Health

> (NIOSH) and the World Health Organization (WHO) recognize routine blood

> cholinesterase monitoring as an important tool in the prevention of

> poisoning among workers who regularly handle these [neurotoxic] pesticides. "

>

> The workers were represented by Earthjustice Legal Defense Fund,

> Heller Ehrman White & McAuliffe LLP, and Columbia Legal Services.

>

> The Court's opinion can be found at:

> http://www.courts.wa.gov/opinions/recent.cfm

>

> Dan Ford

> Columbia Legal Services

> ph: 206.464.1122, ext. 213

> fax: 206.626.5366

> email: dan.ford@...

>

>

>

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