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[http://www.nycosh.org/Update14_Jul-Sep_2002.html]

NYCOSH Update on Safety and Health Archive
July - September 2002

The Update on Safety and Health is published every two weeks by NYCOSH.  Scroll down to see the contents of each issue.  If you would like a free subscription to the biweekly NYCOSH Update on Safety and Health, click here and then click on "send."

To browse the table of contents of all issues (including those published before July 2002), click here.


NYCOSH UPDATE September 26, 2002

Three Reports Indicate Deep Trouble in the New York State Public Employee Safety and Health Program

Three new reports cast a bleak light on the New York State Public Employee Safety and Health Bureau (PESH), the state agency that oversees and enforces safety and health conditions for the state's approximately1.3 million state and local government workers.

Two of the reports are from the Occupational Safety and Health Administration (OSHA), which provides 45 percent of the PESH budget and plays and oversight role in PESH activities. The third report is from the office of the New York State Comptroller's Division of Management Audit and State Financial Services.

One of the OSHA reports is an analysis of 36 fatality inspections conducted by PESH between 1998 and the middle of 2001. The brief and matter-of-fact report describes a long list of inspections that were "deficient," "non-expeditious," or that "missed enforcement opportunities."

The report criticizes PESH for responding very slowly to five of the fatalities, delaying the start of an investigation in one case for 18 days. The other tardy responses noted by OSHA were 13 days, ten days and two investigations that were delayed for a week. "This record of stalling fatality inspections for a week or two or three is either indicative of an intolerable shortage of inspectors or negligent management," said NYCOSH Executive Director Joel Shufro. "Fortunately there are not so many fatalities or imminent danger reports that PESH needs to delay some fatality inspections while other fatalities are investigated, so what excuse can PESH possibly have for delaying a fatality investigation for a week, let alone three weeks?"

In addition to tardy fatality inspections, the OSHA report lists many other shortcomings in the 36 cases, including 11 instances of PESH giving the employer advance notice of an inspection, eight investigations that took "an inordinate amount of time to complete," and 25 cases in which PESH did not keep next-of-kin adequately informed, as required by regulations. The OSHA report notes that PESH fatality inspections were "deficient in many cases" concerning the participation of union representatives in the process of the inspection. OSHA also criticizes PESH for having "missed enforcement opportunities," in many instances, listing fatalities in which the investigation did not confirm that an employer was in compliance with a relevant legal requirement. Lastly, the report documents a number of cases in which PESH ordered an employer to abate an identified hazard, but made no effort to verify that the required abatement took place.

The second OSHA report is a Federal Annual Monitoring Evaluation (FAME) for the year ending September 30, 2001. The FAME, which evaluates all PESH activities, finds that many of the deficiencies found in fatality investigations are also of concern in other cases. For example, the FAME notes that "abatement verification" took place less than 40 percent of the time, even thought PESH regulations require that all hazard abatements be verified.

Some other shortcomings noted by the FAME include:

  • an average of 70 days between opening an investigation and issuing a citation, compared to a national average of 48 days
  • an average of more than 90 days to complete investigations of allegations that a worker was illegally disciplined for having filed a complaint with PESH, for "a 0% timely completion rate."

The third report on PESH was issued by the Office of the New York State Comptroller. It concluded that "PESH investigative efforts do not provide adequate assurance of a safe and healthy workplace. We found numerous instances in which complaints were misclassified, investigations were delayed and case processing was inefficient."

The comptroller's report echoes some of the criticisms in the OSHA FAME, stating that "PESH's operational problems are longstanding ones that have been thoroughly and consistently documented by OSHA." The report continues, "our audit looked for the underlying causes of these continuing PESH performance problems.... We found that inadequate training, as well as staffing problems, were prominent among the causes of inadequate PESH performance."

Following the appearance of the three reports, Jonathan Rosen, the safety and health director of the Public Employees Federation, commented that he was "hopeful" that the reports could be helpful "in putting pressure on the [state] Labor Department to address the deficiencies in PESH staffing, training inspectors, and investigating fatalities." Rosen noted "there has been a big decline in PESH inspections so workers forget about PESH and don't make PESH complaints. Now that OSHA and the comptroller have highlighted the problem, it is up to the unions to utilize PESH and it is up to PESH management to fulfill its obligation to adequately enforce the law."

Also on the Internet:

The crisis in safety and health enforcement for public-sector workers in New York State

New York State, Office of the State Comptroller, Division of Management Audit and State Financial Services. Department of Labor, Public Employee Safety and Health Program, June 2002

-- From the September 26, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org

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Comings and goings -- Susan McQuade, Beverly Tillery, Carrie Loewenherz

There are two new faces in the NYCOSH office, and a familiar face has a new credential.

Two long-time safety and health and union activists -- Susan McQuade and Beverly Tillery -- have joined the staff. McQuade, a Safety and Health Specialist, comes to NYCOSH from Doctors' Council, the union that represents many hospital staff doctors. Prior to working as a contract administrator for Doctors' Council, McQuade spent six years as an international health and safety representative at the Service Employees International Union (SEIU). McQuade commented "I'm excited to be back in the field of health and safety again, and at NYCOSH, which is doing such important work in the field."

Before joining NYCOSH to head our vulnerable worker program, Tillery worked most recently as an national organizer for Amnesty International. Prior to that she was an organizer with SEIU District 1199E-DC. Before working for SEIU, Tillery was on the staff of the Coalition for New Office Technology, which focuses on ergonomics issues among office workers. Tillery, like McQuade, expresses particular pleasure at working in the occupational safety and health field. "It feels very good to be returning to both labor and to workplace health and safety," she said."

NYCOSH Industrial Hygienist Carrie Loewenherz recently completed all the requirements to be certified by the American Board of Industrial Hygiene, a certification program that is accorded great weight in the safety and health profession. "As a CIH, I'll be able to provide services that I couldn't before I was certified," she said. "For example, some OSHA standards require that samples be taken and interpreted by a CIH. NYCOSH will now be able to perform that work."

"Our newly hired staff members and Carrie's certification give NYCOSH a depth of experience and breadth that is truly exhilarating," said NYCOSH Assistant Director Susan O'Brien. "It will ensure the success of our continued efforts to reach wider communities, including immigrant workers and youth and everyone who was affected by the World Trade Center collapse."

-- From the September 26, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org


NYCOSH UPDATE September 5, 2002

Two Reports Disclose Significant Health Problems Among Lower Manhattan Workers

Two recently released reports disclose lingering health effects among groups of workers exposed to dust and fumes in lower Manhattan after the collapse of the World Trade Center towers.

Many truck drivers who helped to clear debris from the site of the World Trade Center attack of September 11 reported "acute respiratory symptoms," according to a health assessment conducted by the Johns Hopkins Bloomberg School of Public Health and released on August 23. The Johns Hopkins investigators reported that "the respiratory problems may be associated with exposure to dust and airborne contaminants at Ground Zero." Because the investigators only looked at short-term health effects, they said "more research is needed to determine if there is any long-term health risk to the workers."

Also in late August the National Institute for Occupational Safety and Health (NIOSH) released an interim report of findings from a health survey of workers at Borough of Manhattan Community College (BMCC), two blocks north of the World Trade Center site.

The NIOSH survey, which compared the health of 374 BMCC workers to a similar group of workers from York College, located 15 miles away, found that BMCC workers had greatly elevated rates of respiratory problems and post-traumatic stress disorder. BMCC workers reported breathing problems, such as chest tightness, shortness of breath and wheezing, at rates 300 percent greater than York College workers. BMCC workers were more than four times more likely than York College workers to have been diagnosed with post-traumatic stress disorder.

"This report shows very high rates of symptoms that continued to persist long after the fires were extinguished in December," said Steven Markowitz, M.D., the director of the Center for the Biology of Natural Systems. "It's very important to try to correlate this information with what we know about their environmental exposures, to understand what made these people sick. It's also very important that we follow up to see what the long-term effects are."

"We knew that our members were having both physical and mental problems," said David Kotelchuck, co-chair safety and health committee of the Professional Staff Congress, which represents BMCC's faculty. "That's why we joined with other unions to bring NIOSH in. Now these results show we were right, and it points out the need to devote more resources to dealing with the situation."

"These two studies are more troubling evidence that the occupational health hazards created by the attack were much worse that officials would acknowledge," said NYCOSH executive director Joel Shufro. "Workers needed protection from the dust and the fumes, and instead they got reassurances," he added. "Those high rates of respiratory symptoms among Ground Zero workers is a clear indication that they didn't have adequate respiratory protection. The incidence of symptoms at BMCC strongly indicates that the decision to re-open the school on Sept. 26 was premature. It seems clear that the workers were exposed to both physical conditions and emotional ones that made them sick."

The study concluded by recommending that the BMCC administration and unions facilitate the workers' access to medical care and to free mental health care. It also recommended that BMCC train its supervisors about responding to mental and physical health concerns, and that it foster an atmosphere to minimize stress on campus.

Lee Clarke, safety and health coordinator for District 37 of AFSCME, which represents non-instructional workers at BMCC, said that "we are going to pursue the NIOSH recommendations, especially the call for more mental health services, and to get our members into a good medical screening program. We are hopeful that BMCC administration will cooperate in that effort."

Also on the Internet:

The Interim NIOSH survey - Evaluation of Physical and Mental Health Symptoms Following the World Trade Center (WTC) Disaster: Borough of Manhattan Community College and York College

A summary of the Johns Hopkins study - Health Assessment Finds World Trade Center Clean-Up Workers Suffering from Acute Respiratory Problems

-- From the September 5, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org

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OSHA Publishes Ergonomics Guidelines for Nursing Homes

OSHA published its first "industry-specific, voluntary ergonomic guidelines" last week, "Guidelines for Nursing Homes."

The publication is the first concrete step in developing a promised "comprehensive approach" to protect workers from ergonomic injuries that was proposed by Labor Secretary Elaine Chao when the Bush administration killed OSHA's ergonomics standard last year.

The guidelines are strictly advisory and "will not be used for enforcement purposes," according to OSHA.

"That's exactly the problem with them, they are guidelines and they can't provide the mandatory protection that a standard can," said Peg Seminario, Health and Safety Director of the AFL-CIO. "They have the basic elements of an ergonomics program, but workers and employers need specifics or workers won't be protected."

"The guidelines do pretty well at analyzing hazardous jobs," said Service Employees International Union Health and Safety Director Bill Borwegen, "but they are quite vague when they list controls. They don't give employers the kind of recipe they need for a sound ergonomics program. Any nursing home employer already knows that there is a tremendous potential for ergonomic hazards, so I don't know what purpose it really serves to tell employers they need to look at an ergo program."

A 30-day comment period on the Guidelines ends on September 30. For information about submitting comments or testifying, contact OSHA or see the OSHA website.

Also on the Internet:

OSHA's Draft Guidelines for Nursing Homes -- Ergonomics for the Prevention of Musculoskeletal Disorders

-- From the September 5, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org


NYCOSH UPDATE August 22, 2002

EPA Cleanup Gears Up Amid Widespread Criticism

Next month, for the first time since the attack on the World Trade Center, the federal government will launch a controversial program to clean up asbestos and other toxic materials that contaminated indoor areas as a result of the Twin Towers collapse. A similar cleanup of outdoor areas began on September 14, 2001.

The EPA's indoor cleanup program -- which is limited to residences below Canal Street -- is widely viewed as being unacceptably incomplete. "The limitations that the EPA has chosen are completely inexplicable" said NYCOSH Chairperson William F. Henning.

"World Trade Center contamination is a public health problem and the EPA is treating it like a public relations problem," Henning continued. "By what logic can they agree to clean up a residence but not a workplace in the same mixed-use building? Do they think that the dust cloud and smoke that filled lower Manhattan for four months only contaminated residences? They ought to clean up all Trade Center contamination wherever it exists, and they ought to do it in accordance with the EPA's own regulations in the federal National Contingency Plan, which call for a cleanup that is much more thorough than the one that EPA now plans."

"The EPA cleanup plan is completely unacceptable for several reasons," said a spokesperson for Rep. Jerrold Nadler (D - NY) whose district includes the site of the World Trade Center. "This cleanup does not conform to the requirements of federal law or federal guidelines and the EPA knows it. We are going to do everything we can to ensure that they perform a cleanup to conforms to the law."

Jenna Orkin, spokesperson for the grassroots organization 911 Environmental Action, agrees. "EPA tells people that there are no health hazards and then asks them if they want an asbestos abatement. Why would anyone want an asbestos abatement if there is no hazard?" she asked. "By making the cleanup voluntary and misinforming people about the danger, they are insuring that the cleanup will fail because it will be so incomplete."

The EPA's toll-free cleanup hotline is 1-877-796-5471.

-- From the August 22, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org

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President Bush Vetoes Spending $90 Million for WTC Medical Monitoring

In a move that took many occupational health activists by surprise, on August 13 President Bush killed a $5.1 billion congressional appropriation that included $90 million earmarked to greatly expand the effort to track and provide medical care to people with lingering health effects resulting from the attack on the World Trade Center.

The President's decision to eliminate the program, which was to have been administered by the Mt. Sinai-Selikoff Center for Occupational and Environmental Medicine, came as a surprise because it had been reported earlier that Bush has signed a $29 billion supplemental appropriation that included funds for the program. Those reports failed to note that a portion of the funds would not be spent without a presidential declaration of an "emergency." Bush said that he declined to declare the necessary emergency because the spending was unnecessary.

To dramatize the need to pay for the medical care of Ground Zero workers, Sen. Hillary Rodham Clinton (D-NY) had offered to visit Bush at his ranch and bring along New York firefighters who have respiratory diseases as a result of the rescue work. Instead of accepting her offer, Bush said that the funding was not "for truly pressing needs and priorities," so he was opting to "enforce spending restraint."

-- From the August 22, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org

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Come Join the NYCOSH Contingent at New York City Labor Rally

Labor Day will be marked in New York City on Tuesday, September 3, with a rally in southwest corner of Battery Park, near State and Pearl Streets. Unions and union-based groups are asked to assemble in assigned areas on the lawn. Entertainment will begin at 3:30 and the main program will begin at 5:00. The event is sponsored by the New York City Central Labor Council.

Supporters of NYCOSH are encouraged to join the NYCOSH staff, board and members, who will be gathering in the area designated for labor-based committees.


-- From the August 22, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org

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Comings and goings - Elizabeth Kelleher

Safety and Health Specialist Elizabeth Kelleher is leaving NYCOSH to pursue a Master's Degree in Education at Montclair State University. Kelleher, who joined the staff in 1999, remarked: "It's hard to leave NYCOSH because I have greatly enjoyed working here with the staff and all the members of NYCOSH. All of my work with union members and injured workers has been a tremendous inspiration."

NYCOSH Assistant Director Susan O'Brien said, "It has been wonderful working with Elizabeth, who is a natural educator. We wish her the best of luck on the next step in her career."

-- From the August 22, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org


NYCOSH UPDATE July 25, 2002

NYCOSH to receive Lorin Kerr Award from APHA Occupational Health Section

NYCOSH has been slected to receive the American Public Health Association Occupational Health Section's Lorin Kerr Award at the APHA's November convention in Philadelphia.

The annual award, which "recognizes activists for their sustained, outstanding efforts and dedication to improving the lives of workers" is named for Lorin Kerr (1909 -1991), who was a life-long activist and served for over 40 years as a physician for the United Mine Workers. He was dedicated to preventing black lung disease and obtaining compensation for its victims and to improving all workers' access to healthcare.

"We, on the Board of Directors of NYCOSH, are gratified that the Occupational Health Section of the APHA recognizes the outstanding work of NYCOSH's staff – especially its contribution since the tragedy at the World Trade Center," said William Henning, Chairperson of NYCOSH's Board of Directors. "NYCOSH's staff, under the most trying conditions, went beyond the call of duty to provide workers and community with information and training about the health and safety hazards resulting from the horrific collapse of the World Trade Center."

-- From the July 25, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org

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Downstate meetings with PESH inspectors set

The New York State AFL-CIO and the New York State Department of Labor are co-sponsoring a series of three meetings in the New York metropolitan area to discuss enforcement of the Public Employee Safety and Health Program (PESH). PESH enforces OSHA standards for public-sector employees in New York State.

The meetings will provide an opportunity to discuss such questions as: What are the health and safety concerns of the public employee unions? -- How can union officials best work with PESH personnel? -- What are the rights and responsibilities of employers, employees and PESH? -- and What issues are appropriate for filing a PESH complaint?

The meetings will be held on September 10 in New York City at 354 Hudson Street, 7th Floor; on September 24 in White Plains at 120 Bloomingdale Road, and on October 1 in Garden City at 400 Oak Street, Suite 101. All of them will begin at 2pm and end at 4:00.

-- From the July 25, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org

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Washington State Ergonomics standard upheld in court test

In a victory for workers in Washington State, a judge rejected a challenge to the Washington Department of Labor and Industries ergonomics rule on July 12. The rule, which is the most comprehensive regulation to protect workers from repetitive strain injuries and other musculoskeletal disorders in the U.S., was challenged by a coalition of employers.

The decision represents a setback for the employers seeking to repeal the regulations. In their lawsuit, the group claimed state regulators exceeded their authority, relied on insufficient evidence and failed to coordinate with other statutes.

Thurston County Superior Court Judge Paula Casey ruled against the business community on all points. It is expected that industry will appeal the ruling. "We hope a higher, wiser court will see, on appeal, all the dark ramifications of this regulation," said Carolyn Logue, director of the 17,000-member Washington Chapter of the National Federation of Independent Business.

Michael Silverstein, MD, Assistant Director for Industrial Safety and Health of the Washington Department of Labor and Industries commented, "We are pleased with [the] decision to uphold our ergonomics rule. The judge did a thorough review and rejected every one of the business objections to the rule. This is very good news for the workers of the state of Washington who suffer more than 50,000 ergonomic-related injuries every year. These are painful and costly injuries that can be prevented. The ruling not only takes us a step closer to preventing these serious injuries but it will save employers money on the bottom-line. We will continue our efforts to work with employers and employees as the regulation is phased in over the next seven years."

"Many of [each year's 50,000 workplace] injuries are preventable and we just felt that this is a long time due," Rick Bender, president of the Washington State Labor Council. "The reality is our [state] constitution is very, very strong that it's the states responsibility to provide a safe workplace for our employees."

-- From the July 25, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org

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ATSDR/NYC Health Department to create a registry

The Agency for Toxic Substances and Disease Registry (ATSDR), a division of the federal Department of Health and Human Services (HHS), will assist the New York City Department of Health and Mental Hygiene in creating a registry of people who may have been exposed to the World Trade Center site, either from working, living, or cleaning up in the area affected by the disaster.

The registry is intended to follow the health of 100,000 - 200,000 people exposed to substances emanating from the collapse and cleanup of the World Trade Center. Its objective is to determine whether exposure to dust or vapor from the collapse has any short-term or long-term health effect. The registry differs from a screening program in that it does not provide medical examinations for people who are registered, at least until there is a determination made that people who were exposed in a particular way need to be examined.

The Federal Emergency Management Agency (FEMA) is providing $20 million to HHS to establish the registry.

"We are pleased that a registry will be created," said NYCOSH Board Chairperson William Henning. "NYCOSH and other members of the occupational health medical community have been urging that such a registry be created since the tragedy at the World Trade Center occurred. Our only concern is that the delay in establishing the registry will prevent capturing all those individuals who were at the scene of the disaster and who have dispersed to other parts of the world."

-- From the July 25, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org

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World Trade Center worker and volunteer medical screening program initiated

Congress has appropriated $90 million to support expansion of the medical screening and monitoring program for workers involved in response and clean-up activities at the World Trade Center. The funding expands the number of initial screenings to 18,000 from the current figure of 8,500 workers and volunteers . The $90 million would specifically expand the number of workers and volunteers eligible for federally-supported initial screenings by some 9,500 more workers and volunteers. In addition, the funding would provide for short and longer term medical follow-up examinations for the total of 18,000 workers and volunteers.

The appropriation requires the approval of the White House. At press time, President Bush had not made clear whether he would agree to it.

According to Denis Hughes, President of the New York State AFL-CIO, which lobbied heavily for the funding, "This is a vital program which will ensure that workers, who risked their health in responding to the tragedy at the World Trade Center, will receive appropriate medical screening." Funding for this program was secured by Senators Hillary Rodham Clinton and Charles Schumer and the New York State Congressional Delegation.

The medical screening program was initiated July 8th for workers and volunteers active at or near the World Trade Center site or Staten Island landfill in New York City following the September 11th attack on the World Trade Center. Conducted by a consortium of occupational medical providers, under the direction of the Mount Sinai Irving J. Selikoff Occupational and Environmental Medicine with the support of the Centers for Disease Control and Prevention/National Institute for Occupational Safety and Health, the World Trade Center Worker and Volunteer Medical Screening Program offers free, confidential comprehensive medical screening examinations and occupational health education for eligible participants who were exposed to a range of hazards, posing possible short and/or long-term risks to their physical and psychological well-being.

The additional $90 million appropriation will allow for follow up examinations to be provided to workers at regular intervals and will allow funding to increase the number of workers who can participate in the program. As Hughes noted, "While we were pleased that Congress provided initial funding to start the program, we were being asked to choose which workers would eligible to participate. The additional funding will allow for an expansion of the program so that all workers who were exposed to the wide range of toxic substances at the World Trade Center can participate."

"The critical need for a systematic program of health screening and monitoring for World Trade Center workers and volunteers, as well as those engaged in efforts at the Staten Island landfill, has long been clear," said Dr. Robin Herbert, Co-Medical Director of the World Trade Center Worker & Volunteer Medical Screening Program and Mount Sinai's Center for Occupational and Environmental Medicine. "Establishing post-exposure baseline health status for these workers, and providing long-term medical monitoring, is important, particularly in light of recorded exposures to such agents as asbestos, the effects of which can exhibit a long latency or delay of 20 years or more before the onset of clinically detectable illness.

"These federal funds have been set aside to aid the very people who, in toiling at tremendous personal risk to help others, were themselves exposed to environmental contaminants in the wake of the September 11 terrorist attacks at the World Trade Center," she said. "We join our friends in labor, health and all others who lobbied for this important allocation in offering our thanks to our elected representatives who recognized the need for medical screening and long-term medical monitoring services, and are making such provisions possible, particularly Senator Clinton, Senator Schumer and the entire New York delegation in the House."

"This is an extremely important step in assessing the dimensions of the health consequences of working at the World Trade Center site," said Carrie Loewenherz, NYCOSH industrial hygienist. "Workers at the site were exposed to a wide range of contaminants and physical hazards: asbestos, fiberglass, welding fumes, silica, diesel exhaust, carbon monoxide, hydrogen sulfide as well as noise, heat/cold and ergonomic risk factors. The screening program will allow for early detection of disease as well as provide important data concerning the consequences of exposure."

Medical screening examinations are being provided at these locations: In Manhattan at the Mt. Sinai Center for Occupational & Environmental Medicine and at the Bellevue/NYU Occupational & Environmental Medicine Clinic; in Queens at the Queens College Center for the Biology of Natural Systems, in Suffolk County at SUNY Stony Brook/Long Island Occupational & Environmental Center; in Westchester at the Mt. Sinai Center for Occupational & Environmental Medicine Hudson Valley Division at St. John's Riverside Hospital; in New Jersey at the UMDNJ Environmental & Occupational Health Sciences Institute. In addition, screening examinations will be offered elsewhere in the United States through the Association of Occupational Environmental Clinics.

For additional information concerning the program and how to register, call 1-888--702-0630.

-- From the July 25, 2002 NYCOSH Update on Safety and Health
http://www.nycosh.org

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