Humane Society Cited in Death of Employee
By KATHY GILBERT
Staff Writer (The Times & Free Press, Chattanooga, TN, July 25, 2000)
The Tennessee Occupational Safety and Health Administration has fined the Humane Educational Society of Chattanooga $22,800, citing several “serious” violations of workplace safety law. The investigation was triggered by the March 28 death of Vernon W. Dove Jr., 39, who died while operating a carbon monoxide euthanization chamber. According to a TOSHA report issued July 11, the Humane Educational Society: failed
to test the air inside the chamber for toxicity before allowing employees to enter the space exposed employees above the ceiling limit concentration — Mr. Dove was exposed at 70,000 parts per million. The ceiling limit is 200 parts per million, said Jan Cothran,
manager of health compliance for TOSHA. [The safety inspectors said the Humane Society] failed to provide proper ventilation, failed to provide a respiratory protection program, failed to warn workers about safety hazards [and] failed to provide material safety data sheets for toxic chemicals. The Humane Society has contested the report, said Ms. Cothran. Humane Society officials could not be reached for comment.
The Humane Society shut down the chamber immediately after Mr. Dove’s death. Mr. Dove’s family said the report supports their private conclusions. “It confirms the fact that the employer was very, very negligent,” said Terri Mabry, Mr. Dove’s sister. “As a
result of the employer’s decision not to protect their employees, my brother is dead.” Ms. Mabry said two lawyers have told the family that Tennessee law forbids them from taking legal action against the Humane Society. A company that has worker’s compensation insurance and has not intentionally killed an employee may not be sued, she said. Compensation is limited to about two-thirds of the employees’ salary for 400 weeks, she said. The TOSHA investigator found evidence the Humane Society had tried to protect employees, Ms. Cothran said. A carbon monoxide monitor was in the room, she said. There was not an additional monitor for the entry space, she said. The Humane Educational Society in Chattanooga had never before been inspected by TOSHA, Ms. Cothran said. “As far as I know, it’s never been inspected,” she said. “There’s never been a reason to inspect it.” Inspections are ranked according to priority criteria, she said. Priority criteria are a death or accident, employee complaint or referral from another agency or showing up on a general inspection roster, she said. Mr. Dove did not file any complaints about the chamber, said Ms. Mabry, an occupational health nurse. “He never mentioned it because he was not trained,” she said. “It’s the responsibility of the employer to train the employees in proper use of equipment and procedures.” The Occupational Safety and Health Review Commission will review the case, Ms. Cothran
said. That board may overturn, uphold, or increase the fine, she said. A hearing date has not been set.
Mr. Dove’s death was unusual, according to TOSHA research, Ms. Cothran added.
Though many counties use carbon monoxide chambers, Mr. Dove is the only employee known to have died in the United States in recent years, she said.
Humane Educational Society fined after worker's death
CHATTANOOGA -- The state has fined the Humane Educational Society of Chattanooga $22,800 over safety violations after a worked died in the organization's euthanization chamber.
The Tennessee Occupational Safety and Health Administration investigation was triggered by the March 28 death of Vernon W. Dove. Jr., 39. Dove died while operating a carbon monoxide euthanization chamber.
State safety inspectors said the humane society failed to test the air inside the chamber for toxicity before allowing employees to enter, failed to warn workers of safety hazards, failed to provide proper ventilation and exposed workers to toxic carbon monoxide levels.
Dove was exposed to 70,000 parts of carbon monoxide per million parts of air. The safe limit is 200 parts per million, said Jan Cothran, manager of health compliance for TOSHA.
The organization has contested the state report.
The humane society closed the chamber after Dove's death.
-- Associated Press
Source: http://www.tennessean.com/sii/00/07/26/briefs26.shtml