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From: Monona Rossol <actsnyc**At_Symbol_Here**cs.com>
Subject: Re: [DCHAS-L] Follow-up on ACS national awards and Fellows program RE: [DCHAS-L] Just published
Date: Thu, 17 Dec 2015 18:39:49 -0500
Reply-To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Message-ID: 151b2505997-3fcb-1c6c5**At_Symbol_Here**webprd-m70.mail.aol.com
In-Reply-To <010f01d138f4$193cdd90$4bb698b0$**At_Symbol_Here**chemical-safety.com>
My, You are usually so correct. Just where is the line between "fault" and "responsibility" In either case, it was his "bad." While I used a slightly incorrect "cop a plea" phrase, you slid over the edge by saying he accepted responsibility "without admitting fault."
Instead, Section II Statement of Facts and Procedural History, the agreement lays out the various CalOSHA violations that existed in the lab under his supervision, violations that rose to the level of felonies as seen in the indictment. Then Section III Promises and Obligations of Defendant Patrick Harran, he accepts responsibility for those felonious conditions.. And in point #2, it says: "Neither the Defendant Harran, nor any of his counsel or representatives, will make any public statement denying responsibility for the conditions under which the laboratory was operated on December 29, 2008. Those conditions were criminal violations of the CalOSHA rules.
And in #6, he "provides compensation to Ms. Sangii's family for economic losses ....." You don't pay compensation if you didn't cause the economic loses.
Then he got himself one hell of deal: He gets his criminal record expunged if he does his 800 hours of community service without screwing up. Usually only juvies get their records expunged after probie.
In your honor, Neal, I'll switch my "cop a plea" for "took a deal" but you need to reconsider the idea that he didn't have to admit fault. He done it.
Monona Rossol, M.S., M.F.A., Industrial Hygienist
President: Arts, Crafts & Theater Safety, Inc.
Safety Officer: Local USA829, IATSE
181 Thompson St., #23
New York, NY 10012 212-777-0062
-----Original Message-----
From: NEAL LANGERMAN <neal**At_Symbol_Here**CHEMICAL-SAFETY.COM>
To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Sent: Thu, Dec 17, 2015 1:20 pm
Subject: Re: [DCHAS-L] Follow-up on ACS national awards and Fellows program RE: [DCHAS-L] Just published
Monona - we need to be accurate - Patrick Harran did NOT "cop a plea"; read the Agreement; he accepted responsibility without admitting fault. All charges will be dismissed at the conclusion of the Agreement if there are no further violations.
Oh picky picky picky. No one wants to crawl through EHS reports at the school where a professor teaches and get opinions about the candidates safety record. You also don't want to limit this to having caused an actual injury. OSHA can cite for breaking rules that could have led to serious injury or death as well,
All that's needed is a general policy that:
Any proven violations of federal, state or local occupational safety regulations, standards or codes in the nominees recent (define*) history disqualifies the nominee.
The "recent" can be defined in two ways: 1. time passed with no similar charges, and 2. corrective actions taken by the person charged.
Are we forgetting that Harran coped a plea to 4 felony charges in relation to State occupational safety regulations and is still doing community service? This is not time to split hairs. I can foresee my approving of his nomination at some time in the future.. The Cal. AG set up the community service in a way that he could become a spokesperson for lab safety if he chooses to take this route.
Monona Rossol, M.S., M.F.A., Industrial Hygienist
President: Arts, Crafts & Theater Safety, Inc.
Safety Officer: Local USA829, IATSE
New York, NY 10012 212-777-0062
-----Original Message-----
From: Margaret Rakas <mrakas**At_Symbol_Here**SMITH.EDU>
To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Sent: Thu, Dec 17, 2015 11:22 am
Subject: Re: [DCHAS-L] Follow-up on ACS national awards and Fellows program RE: [DCHAS-L] Just published
I agree with Rob--look at how UCLA is still saying that Harran deserves the award. Does anyone really think that the Chair of the Chem Dept or EHS would not feel some degree of pressure? Do not underestimate "pack" behavior here...no one wants to be the bad guy saying Professor X is not worthy...this is not like the peer review process where the reviewers are anonymous !
My suggestion is that the nominee be asked some version of "Has any student or employee under your supervision received a permanent or serious physical injury while working in your lab?" Or they could be asked to certify that no one working in their lab received a serious or permanent physical injury- that's probably a bit more positive. If they lie, well then, just like with falsifying any other statement they can be removed...
My personal opinion only...
Margaret
Sent from my iPhone
On Dec 17, 2015, at 10:49 AM, Ralph Stuart <rstuartcih**At_Symbol_Here**ME.COM> wrote:
>>> I guess I have greater trust and respect for the goodness of 99.9% of humanity (including EHS and faculty and administrators and small business owners too <grin>).
> I think the concern Rob expressed is a realistic appraisal of the resources, both financial and bureaucratic, available to EHS departments relative to the size of the activities they're asked to oversee. The immediate example is telling; the UCLA EHS staff had pointed out concerns with the Harran lab months before the accident with no impact on conditions there. If the accident hadn't happened would anyone have known this to comment on the award nomination?
>
> If someone is in a position to attest to the safety performance of a Principle Investigator, it should be their supervisor, i.e. the Chair of the Department. Is there any potential conflict of interest there?
>
> - Ralph
>
> Ralph Stuart, CIH
> rstuartcih**At_Symbol_Here**me.com
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