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WELDING OPERATIONS AT CAESAR'S PALACE - "COVERED-UP" TOXIC POISONING ILLNESSES AND DEATH BY OSHES AND FORD CONTRACTING

By Mark Clark, Las Vegas Tribune, 11-14-02

During welding operations at Caesar's Palace in 1997, Mr. Jessie R. Battey and his Tommy Ford Contracting co-workers were exposed to toxic fumes while welding closure strips used to close gaps between walls and floors.  The workers became very ill.

According to Battey, his wife was also exposed to the toxic materials after being exposed while washing his clothes.  She later died.  He contends that the toxic exposure and its respective results have been "covered up".

An acoustic sealant (caulking) was applied into the cracks between the wall and floor prior to their welding these strips.  When heated up by a welding torch, the chemical ingredients in this sealant released toxic fumes.  Not having any personal protection devices such as a proper respirator or exhaust fans, which should have been supplied by Ford Contracting, the workers began to get very ill from the fumes.

In a meeting with Nevada Occupational Safety and Health Enforcement Section (OSHES) supervisor Ron Parker, Mr. Jessie Battey was told by Mr. Parker that "benzene when burned is harmless."

When confronted in writing about the false statement, and about the real properties of benzene, Parker later wrote a letter dated July 2, 1998 to Mr. Battey.  In the letter, he denied the fact he'd said it.  "I have no recollection of ever making a comment like that during any meeting or conversation we may have had.  I would have never made a comment that benzene was harmless when burned or that benzene is harmless.  I am well aware of benzene being classified as a human carcinogen."

This false statement about the properties of benzene was audiotaped by Mr. Battey and when Mr. Battey made Mr. Parker aware of the fact that he'd taped their conversation, Parker no longer wished to talk about it.

The effects of toxic chemicals such as benzene, ethylene glycol and toluene on the human body are unpredictable at best and nearly always fatal if ignored.  Studies show that the use of proper respirators, exhaust fans for ventilation or well-ventilated work areas and safe handling procedures reduce illness, disease and death caused by these chemicals.  Both state and federal law requires the use of safety equipment, proper handling, and shipping and disposal procedures for these chemicals.

Educating workers in safety meeting about the use of protective gear, handling, use, and storage of toxic chemicals in the work place is the key.  Notification of a possible exposure to toxic chemicals and securing proper medical attention and testing for their employees is the responsibility of the employer and failure to do so is a criminal act under the law, tantamount to murder.

Once the human body is exposed to these chemicals by inhalation, ingestion or skin contact for duration of at least 14-days it becomes acute.  Medical attention is not only suggested, but is also necessary.

Immediate medical testing (blood and urine) of the body to detect the effects of the exposure should be done as soon as possible, in the event there is damage, medical treatment or therapy should be administered to lessen, slow down or reverse the effects of these chemicals.

In some cases, the symptoms of toxic chemical poisoning do not present themselves - from several hours to a few days and the damage caused is masked; sometimes not revealing how serious the exposure is until it's too late.

Occupational or environmental exposure to benzene or benzene-containing materials usually occurs through the inhalation or dermal route.  The main route is considered to be inhalation.  Case reports of fatalities due to acute benzene exposures have appeared in literature since the early 1900's (Hamilton 1922; Cronin 1924, Greenberg 1926; Flury 1928).  Deaths can occur suddenly or within several hours after exposure.  The benzene concentration encountered by the victims was not often known.  However, it has been estimated that 5-10 minutes of exposure to 20,000ppm of benzene in the air is usually considered fatal.

Lethal in humans, it has been attributed to asphyxiation, respiratory arrest, central nervous system depression, or suspected cardiac collapse.  Congestion or hemorrhage of organs was reported in the cases for which there were autopsy reports.  Death from various causes, including cancer, has been associated with chronic inhalation exposure to benzene.

Since the discovery that benzene produces aplastic anemia from bone marrow depression and leukemia, and that benzene exposure can possibly lead to the development of Hodgkin's disease, it has become essential to find a substitute without such health problems.

Benzene is used as a constituent in motor fuels (gasoline contains 3% benzene), as a solvent for fats, inks, oils, paints, plastics and rubber, in extraction of oils from seeds and nuts, and in photogravure printing.  Benzene is also used in the manufacture of detergents, explosives, pharmaceuticals and dyestuffs.

Short-term inhalation exposure symptoms may produce both nerve and blood effects.

Irritation of the nose, throat, and lungs may occur.  Nerve effects may include an exaggerated feeling of well-being, excitement, headache, dizziness and slurred speech.  May also cause the skin to redden and blister.

Long-term occupational exposure may cause loss of appetite, nausea, weight loss, fatigue, muscle weakness, headache, dizziness, nervousness and irritability.  Mild anemia and severe irreversible blood change and damage to liver and heart may occur.  Temporary partial paralysis has also been reported.

Ingestion may cause bronchitis, pneumonia and even death.  Main points of attack are the blood, central nervous system, skin, bone marrow, eyes and respiratory system.

Medical surveillance would include periodic examinations of the blood and bone marrow.  Biologic monitoring by sampling and analysis of urine for total pheno content would be performed to be certain no worker absorbs an unacceptable amount of benzene.  Examination of the lungs by x-ray and medication applied by breathing therapy.

If this knowledge about benzene had not been covered up by Mr. Parker and OSHES in 1997, Mr. Battey and his co-workers would not be under the deadly medical threat they are today!  Mr. Battey also contents that his wife would most likely still be alive.

WORKING TOGETHER TO ATTAIN FAIRNESS