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NYU faulted for injuring worker Union wins first round in toxic overexposure of lab worker 
Oct. 7, 2004 The U.S. Department of Labor has slapped New York University with $79,500 in fines for 12 violations of worker safety in its dental lab in Manhattan . A three-month investigation by the federal Occupational Safety and Health Administration found the university overexposed workers to formaldehyde, failed to provide respirators or protective clothing, and failed to react when told of health problems. The full list of fines and violations (see box at far right) paints a picture of callous employer disregard for the health of staff and students dealing daily with cancer-causing formaldehyde, union leaders say. The probe was sparked by the staff union's complaint that member Michelle De Paola was permanently disabled after she was exposed to dangerous levels of formaldehyde in 2003. "While we feel vindicated that OSHA levied such heavy fines, our experience is that the NYU administration just doesn't get the message that they should care about the health and safety of workers," said Stephen Rechner, president of the 1,700-member Union of Clerical, Administrative and Technical Staff. NYU is contesting the penalties and the workers' compensation claim filed by De Paola, whose respiratory system was injured from breathing in fumes while she was a "diener," preparing cadavers for dissection at NYU's College of Dentistry . De Paola was aiming for experience toward a career as a funeral home director. "It's very alarming to me that two months after OSHA told them what they did was wrong, they are still saying nothing happened," said De Paola from her home in Brooklyn, where she's been living without any income since she quit her job in February. The summer was brutal for De Paola. The heat and humidity made it even more difficult for her already weakened lungs to work. The one bright spot was when the state workers' compensation board awarded her back pay and a weekly allotment of $175. "Even that was taken away when NYU appealed that decision," she said. While De Paola tries to regain her health, her union continues its fight to protect workers at NYU. Her local, supported by its statewide union, has asked OSHA to seek a comprehensive overhaul of NYU's health and safety procedures as part of any settlement agreement. OSHA spokesman John Chavez said he couldn't comment on the case since NYU has contested the citations and penalties. However, he noted that a federal court would take up all 12 violations. NYU spokesman John Beckman did not return repeated calls for comment. Why unions matter Tom Hobart, president of New York State United Teachers, the state affiliate of UCATS, praised the local for its tenacity. "This local has fought to protect the health and safety of its members and students, even before this tragedy happened to Michelle," Hobart said. "What's happening here — where an employer knew about the dangers and chose to ignore the situation — is exactly why workers need unions." NYSUT has supported the local with expert help in filing complaints with OSHA and the federal Environmental Protection Agency. The local union wants a joint committee of NYU staff and administrators formed to set regular inspections and share results with workers. "This is not just about the dental lab," said Greg Succop, a UCATS staffer. "We want to do something about the university's pattern of dismissing workplace safety problems." In the dust
The union has pressed the concerns of members suffering nearly unbearable working conditions during demolition and construction at NYU's Bobst Library this past summer. "Members are suffering burning eyes, nose and throat irritation, headaches, sinus problems, asthma symptoms, hives, chest pain, nausea and skin rashes due to the poor air circulation, excessive dust, loud noises and strong odors in several areas of the library," Rechner said. He praised Evelyn Lora and Ryan Nuckel, UCATS shop stewards at the library, who have spent many hours on the issue. While the union succeeded in getting NYU to relocate affected workers, it was not as successful getting the university to conduct air quality testing for ultrafine particulates. "We believe we still have people in harm's way, especially when NYU obstructs our attempts at testing and refuses to provide the results of tests they claim to have done, even though our contract requires them to do so," Rechner said, adding that the OSHA fines are just the latest chapter in a 25-year struggle with NYU to make health and safety a priority. Comp claim appeal shocker In March, New York Teacher first reported De Paola's story of how chemical overexposure had destroyed her health and career plans — and her union's fight to improve lab safety. Since then, she has learned much at the hands of the university. Her main lesson is to expect the worst at the hands of her former employer. "I couldn't believe it when first they denied me workers' comp," De Paola said. "So I shouldn't have been surprised when they appealed the decision that I should get anything, but I was. I just can't believe they won't do the right thing and they keep fighting this." De Paola's doctors say she will be unable to work for some time. "I have lost so much in my life since December that I never thought I would. I have learned through all this just how hard life can get both healthwise and financially. I experience firsthand, every day, that when you don't have your health, you really have nothing." She has run through her savings. She was counting on getting something from workers' comp. But since NYU is fighting the claim, there is nothing until another hearing takes place later this month. "Thankfully, my family takes care of all the medical bills, but plain old pocket money for incidentals is non-existent," De Paola said. "I always worked before. I always had a job, even in high school. I was always able to pay my own way. Now I'm thinking about taking out one of those loans (against future awards), but the interest is 21 percent. "I just thank God every day that I have so many people who love and care for me. It is really the only thing that keeps me going," DePaola said. - Betsy Sandberg |
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