FIRED DENTAL ASSISTANT TO RECEIVE $85,000 IN CASE INVOLVING DISPOSAL OF CONTAMINATED NEEDLES

FROM:  U.S. LABOR DEPARTMENT  

Court orders dentist to pay $85K to employee fired for safety complaint
Assistant raised dangers of used needles as Dr. N. Terry Fayad allegedly sought cost savings

BOSTON, Mass. — It began when Massachusetts dentist Dr. N. Terry Fayad changed his practice's procedure for disposing of contaminated needles. He told those in his Beverly-based office to first remove the protective caps before dropping them into sharps disposal containers, allegedly to fill the containers with more used needles and reduce the frequency and cost of their disposal.

Concerned that she and her co-workers could be exposed to needle stick injuries and the risk of infection from bloodborne pathogens such as hepatitis and HIV, a dental assistant raised the issue with Fayad. When he dismissed her concern, she filed a complaint with the U.S. Department of Labor's Occupational Safety and Health Administration. After an OSHA inspector visited on Nov. 23, 2010, Dr. Fayad fired her later that day.

A whistleblower investigation followed and, in September 2011, the Department of Labor sued Fayad in the U.S. District Court for the District of Massachusetts. In its complaint, the department charged that the dentist violated the anti-retaliation provisions of the Occupational Safety and Health Act. The suit eventually went to trial before U.S. District Judge George A. O'Toole.

Judge O'Toole has ruled in favor of the department and ordered Fayad's practice, N. Terry Fayad, D.M.D., P.C., to pay the worker $51,644.80 in back wages and ordered both Fayad and the practice to pay her $33,450.26 in compensatory damages. The judge found that the employee's firing by Fayad shortly after OSHA began its inspection was retaliatory and a violation of section 11(c) of the OSH Act.

"This worker suffered needless financial and emotional distress because Dr. Fayad chose to disregard a clear and important principle: Employees have the right to contact OSHA and raise workplace health and safety concerns with their employer without fear of termination or retaliation," said Greg Baxter, OSHA's acting regional administrator for New England. "Employers must pay attention to this verdict. It makes it clear that there will be legal and financial consequences if you retaliate against your employees in this manner."

"The OSH Act gives employees both a right to a safe and healthy workplace, and a right to voice concerns about workplace conditions, without fear of adverse consequences," said Michael Felsen, the department's New England regional solicitor of labor. "This case demonstrates the Labor Department will pursue legal remedies aggressively when employers fire workers or try to intimidate them into silence when they assert those rights."

The court also entered an injunction against Fayad, his P.C., and their agents and employees, preventing them from violating the anti-retaliation provisions of the OSH Act, and directing the defendants to post a notice to their employees stating that they will not in any way discriminate against employees for activities protected by the Act.

The case was tried on the Secretary's behalf by Senior Trial Attorney Kelly Lawson and Trial Attorney Nathan Goldstein of the department's regional Office of the Solicitor in Boston.

OSHA's health inspection resulted in the Fayad practice being cited for violations of OSHA's bloodborne pathogen and hazard communication standards. The violations were corrected and he paid a fine of $11,000 in 2012.

OSHA enforces the whistleblower provisions of the OSH Act and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they suffered retaliation for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA's Whistleblower Protection Program.

EPA WARNS OF SWIMMING RELATED ILLNESSES

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY 

Human Health

Most of the time when beaches are closed or advisories are issued, it's because the water has high levels of harmful microorganisms (or microbes) that come from untreated or partially treated sewage: bacteria, viruses, or parasites. We also use the word "pathogens" when they can cause disease in humans, animals, and plants.
Illnesses.

hildren, the elderly, and people with weakened immune systems are most likely to develop illnesses or infections after coming into contact with polluted water, usually while swimming. The most common illness is gastroenteritis, an inflammation of the stomach and the intestines that can cause symptoms like vomiting, headaches, and fever. Other minor illnesses include ear, eye, nose, and throat infections

Fortunately, while swimming-related illnesses are unpleasant, they are usually not very serious - they require little or no treatment or get better quickly upon treatment, and they have no long-term health effects. In very polluted water, however, swimmers can sometimes be exposed to more serious diseases like dysentery, hepatitis, cholera, and typhoid fever.

Most swimmers are exposed to waterborne pathogens when they swallow the water. People can get some infections simply from getting polluted water on their skin or in their eyes. In rare cases, swimmers can develop illnesses or infections if an open wound is exposed to polluted water.

Not all illnesses from a day at the beach are from swimming. Food poisoning from improperly refrigerated picnic lunches may also have some of the same symptoms as swimming-related illnesses, including stomachache, nausea, vomiting, and diarrhea.

It is also possible that people may come into contact with harmful chemicals in beach waters during or after major storms, especially if they swim near what we call “outfalls,” where sewer lines drain into the water. You can learn more about this by visiting our web site for stormwater.

Finally, the sun can hurt you if you're not careful. Overexposure can cause sunburn, and over time, it can lead to more serious problems like skin cancer. The sun can also dehydrate you and cause heat-related illnesses like heat exhaustion, muscle cramps, and heat stroke. Learn more about sun safety at our SunWise site or heat-related illnesses at the Centers for Disease Control and Prevention site.

How to Stay Safe

There are several things you can do to reduce the likelihood of getting sick from swimming at the beach. First, you should find out if the beach you want to go to is monitored regularly and posted for closures or swimming advisories. You are less likely to be exposed to polluted water at beaches that are monitored regularly and posted for health hazards.

In areas that are not monitored regularly, choose swimming sites in less developed areas with good water circulation, such as beaches at the ocean. If possible, avoid swimming at beaches where you can see discharge pipes or at urban beaches after a heavy rainfall.

To find out about the beaches you want to visit, contact the local beach manager.

Since most swimmers are exposed to pathogens by swallowing the water, you will be less likely to get sick if you wade or swim without putting your head under water.

HHS STATEMENT ON HEPATITIS TESTING DAY

Photo:  Hepatitis B.  Credit:  Wikimedia
FROM:  U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Statement from HHS Assistant Secretary for Health Dr. Howard Koh
Millions of Americans have chronic viral hepatitis, but up to 75 percent of those infected do not know it.  The U.S. Department of Health and Human Services’ action plan for Combating the Silent Epidemic of Viral Hepatitis designated May 19 as the first-ever National Hepatitis Testing Day.  This day is part of a larger government-wide initiative to educate people about viral hepatitis and to encourage everyone to talk to their health care provider about whether they are at risk.

The prevalence of viral hepatitis in the United States is staggering. Thousands of Americans die every year from hepatitis-related liver disease and liver cancer. There are now lifesaving treatments available that can limit disease progression and prevent cancer deaths.

In order to increase the number of people who get tested for viral hepatitis, the Centers for Disease Control and Prevention has launched a new online Hepatitis Risk Assessment tool, which the Surgeon General and I are promoting through a series of public service announcements.  This online tool will assess an individual’s risk for viral hepatitis and generate a summary of recommendations for testing and vaccination that people can print and take to their doctor to discuss.

Our goal is that this risk assessment tool will raise awareness about this silent epidemic among members of the public, as well as the health care community. We are hoping all of our partners will help us share information about this exciting new tool and encourage people to use it.