Click here to read all of the Confined Space @ TPH posts. To learn what Confined Space @ TPH is, read on.
On January 24th, 2007, Jordan Barab mothballed his blog Confined Space, and workers and worker advocates lost a powerful online resource. The good news is that we’ve gained a political resource, since Jordan’s departure from the blogosphere is due to his new staff position on the US House of Representatives Committee on Education and Labor. Still, we’ll all miss the combination of up-to-the-minute news, biting commentary, and ceaseless advocacy for worker health and safety that have characterized Confined Space since its inception in 2003. (Also see Revere’s farewell post for more on how much Jordan has contributed.)
While we know that we can’t duplicate Jordan’s work at Confined Space, we’re going to try to fill some of the void that his departure has left in the blogosphere. Jordan has instructed us in his methods for keeping up on worker health and safety news, and we’ll be bringing some of that news to our readers as part of our occupational health blogging.
There’s also a great deal of interest in continuing the Weekly Toll feature in which Jordan and his tireless blogging partner – Tammy Miser, who runs United Support & Memorial for Workplace Fatalities – compile a list of workers who’ve died while on the job. This feature puts a human face on the issue of worker health and safety. It reminds us why it’s crucial to keep fighting for safe workplaces. We hope that Tammy and others will keep publishing the Weekly Toll, and that we can help bring it to the blogosphere.
As a service to the thousands of readers who’ve come to rely on Confined Space, we’re creating a special category of posts. It’ll be a slice of Confined Space at The Pump Handle – or “Confined Space @ TPH” for short. Of course, we also invite Confined Space readers to check out our Occupational Health category and to read our posts on other areas of public health and the environment – and you can keep up-to-date by getting our RSS feed, or subscribing to our weekly e-mail digest. Confined Space archives will continue to be available on Jordan’s old site, and our posts will probably keep linking back to his past coverage.
Thanks to Jordan Barab for his tireless dedication to keeping us informed and fired up about worker health and safety. We’ll be watching for further greatness in his career.
The Pump Handle 
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April 9, 2007 at 12:26 pm
Cooper Lang
Hello all, Cooper Lang here.
I have been on a search for the last few days for Safety related resources, blogs etc.
I came across this posting on TPH and thought I would leave a little note.
I actually came across the Confined Spaces blog a short while back. I was disappointed that Jordan would not be blogging any longer. Finally I had found an outstanding resource and it was no longer in operation =(
During that same search, I came across another blog that struck me as highly relevant.
A gentleman named Rob Ellis is now blogging at a website named Worksafely.com.
The actual link to his blog is
Rob Ellis Blog
Rob Ellis is a workplace safety advocate in Canada. His son David was injured on his second day on the job and died of those injuries shortly after.
He has a great message to spread and I though readers of the Confined Space blog would be interested in reading his words.
April 9, 2007 at 12:28 pm
Cooper Lang
oops — mistake in the link formatting above.
The link to WorkSafely.com is
worksafely.com
March 1, 2008 at 12:40 pm
David H. Marshall
Congressional Oversight?
The U.S. Supreme Court Did Not Know?
In 2008 the U.S. Congress still treats as an “incident to service” [1] the order ignored [3] “experiments…designed to harm” [7]! Despite the efforts of some, this 1994 U.S. Senate Report’s stated victims have not been given the “to harm” recovery of, “IV. Recommendations. G. The Feres Doctrine should not be applied for military personnel who are harmed by inappropriate human experimentation when informed consent has not been given.” [7] The 1987 U.S. Supreme Court Stanley decision [4] extended the coverage of their 1950 Feres Case that a death by a military barracks fire was an “incident to service” [1]. Stanley treats the 1958 DOD conducted “to harm” experiment, in direct disobedience of the 1953 order [3], as also an “incident”! Because of honorable service afterwards lost are those prior to rights that convicted rapists and murderers keep! [5]
The U.S. Congress “to harm” Ignored.
U. S. Senate Background.
“III. Findings and conclusions.” “K. DOD and DVA have repeatedly failed to provide information and medical followup to those who participate in military research or are ordered to take investigational drugs.” and “N. Participation in military research is rarely included in military medical records, making it impossible to support a veteran’s claim for service-connected disabilities from military research.”[7] A now ongoing sixty four (64) years of misplaced Medical Records!
By their inaction the U.S. Congress has approved the continuation on our sons and daughters of the: “Introduction” A. “During the last 50 years, hundreds of thousands of military personnel have been involved in human experimentation and other intentional exposures conducted by the Department of Defense (DOD), often without a servicemember’s knowledge or consent.”, B. “most Americans would agree that the use of soldiers as unwitting guinea pigs in experiments that were designed to harm them, at least temporarily, is not ethical.” And “Forward” C. ” The findings and conclusions contained in this report are those of the majority staff and do not necessarily reflect the views of the members of the Committee on Veterans’ Affairs.” Chairman. Thereby, DOD & Department of Veterans Affairs (VA) Healthcare System to-date covered up are these experiments and prevented is treatment as documented by the U.S. Senate Report.[7]
In 2008 the opposing “views” resulted in a continuing on the general public of a version of the DOD Project 112 biological lessons learned.[8] This is by the 19 December 2006 established civilian “Biomedical Advanced Research and Development Authority (BARDA)”.[10] Under the cover of its “national security missions”, as it is for military personnel, withheld from the civilian “guinea pigs” are the cause and effects of its “Biomedical…Research and Development” (R&D) Projects.
Order Ignored.
From 1953 the U.S. Senate “to harm” lessons learned were in direct disobedience of the DOD Secretary’s TOP SECRET order. The U.S. Senate’s 1994 “servicemember’s knowledge” and “consent” was required forty one (41) years earlier. [3] Then known by the Secretary’s of all Services, Joint Chiefs of Staff, and their R&D Board. The order was “UNCLASSIFIED” in 1975. Nineteen (19) years later, during the U.S. Senate’s reported past 50 years, most of the “to harm” service records were destroyed in a 1973 National Personnel Records Center (NPRC) fire. Those that survived had all witnesses censored by Congress’s 1974 Privacy Act! The “Veterans Right to Know Act” was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress. It never became law.
All Is In-The- Record!
Each Executive Branch (DOD, CIA & BARDA) Project completes the R&D process. The prior lessons learned are reviewed. The then Scope of Work defines what the experiment is “designed” to do. The how, where, when and who is identified. The conducted researched cause and effects are closely followed. From the results are developed safe production, use, the needed for treatment and protection, e.g., the DOD manufacturers handling of hazardous materials such as Depleted Uranium, Agent Orange, the biological agents of Project 112 [9], the jet-engine noise levels of Project 7210 [2] and the STANLEY “investigational” drug [4]. All is in the Executive Branch record! Under the cover of national security the revealing treatment evidence: 1. Is not cause identified in a subject’s Medical History, so that they never the wiser become. The deceived victim’s “to harm” effects are not Medical History recorded, therefore not addressed! Prevented is any follow up by independent civilian and VA physicians. And 2. For veterans’ the 64 years of experiment specific injuries are not in the VA “schedule of ratings for disabilities” [6]!
A few in Congress made certain that this revealing evidence will not be addressed. The year following STANLEY was the 1988 Veterans’ Judicial Review Act. Established was the Veteran’s Legislative severely restricted, Article I Court. “The court may not review the schedule of ratings for disabilities or the policies underlying the schedule.”, i.e., the order ignored “to harm” R&D experimental effects and their causes! The Veterans Court Chief Judge’s no teeth statement with his VA ignoring of the Court’s decisions! [6] The Secretary of the VA was given Final Decision authority on these issues. [9] Included is the power of NO APPEAL to this LEGISLATIVE Veterans Court or to the independent U.S. Judicial Branch Courts. If allowed an APPEAL, it is not part of the record at the Article I Veterans Court. The evidence is also missing at the next level U.S. Judicial Branch Article III, Court of Appeals for the Federal Circuit.
Why “may not review”?
The may not be reviewed needed for treatment records and underlying policies restrictions prevent alerting medical, administrative and judicial “activities”! This is due to the still in 2008 reasoning of “it was necessary to conceal these activities from the american public in general, because public knowledge of the unethical and illicit activities would have serious repercussions in political and diplomatic circles and would be detrimental to the accomplishment of its mission.” U.S. Supreme Court 1987 Stanley Case; Footnote 4, Page 688 on its proven 1958 CIA experiment on U.S. Army personnel. [4]
“Right to Know”.
There now is no 64 years later “Veterans Right to Know”. After they complete Honorable Service despite the efforts of some Congress has not given back to veterans their rights. Revealed would be the few’s corrupt “may not review” for the greater good of all. As accomplished by the end justifies the “designed to harm” means. Carried out under the cover of our nation’s wars! A few key members in Congress, have dishonored all those that serve.
Hold Responsible.
Now BARDA Experiments Conducted on You! Please, Hold Your Members in the U.S. Congress Accountable! These U.S. Supreme Court and U.S. Senate Documented Facts Are Internet Censored.[11] Passing this on to Others So That They May Do the Same Would Be Appreciated. Thank You.
David H. Marshall
REFERENCES:
[1] U.S. Supreme Court, Feres v. United States, 340 U.S. 135, 146 (1950).
[2] USAF Project 7210 “A Compilation of Turbojet Noise Data”, Bolt Beranek & Newman, Inc. Cambridge 38, MA. Sound pressure levels for all jet-engines in-service. Conducted at Wright Patterson Air Force Base, Dayton, Ohio in 1952. 1954 logged in as the 401st report for that year published as Report 54-401 July 1956.
[3] DOD Secretary’s 26 February 1953 NO non-consensual, human experiment’s Memo pages 343-345. George J. Annas and Michael A. Grodin, “The Nazi Doctors and the Nuremberg Code; Human Rights in Human Experimentation” (New York: Oxford University Press, 1992). In Reference [8] as NOTES 72, 168 & 169.
[4] U.S. Supreme Court, June 25, 1987, U.S. V. Stanley, 107 S. Ct. 3054 (Volume 483 U.S., Section 669, Pages 699 to 710). In Reference [8] Cited in Note 169.
[5] U.S. State Dept., “U.S. Report under the International Covenant on Civil and Political Rights July 1994, Art. 7”.
[6] Chief Judge Frank Q. Nebeker, State of the Court for Presentation to the United States Court of Veterans Appeals Third Judicial Conference October 17-18, 1994. In the Veterans Appeals Reporter. http://www.firebase. net/state_of_court_brief.htm Annual Judicial Conference Transcript. www. goodnet.com/~heads/nebeker
[7] U.S. Senate December 8, 1994 REPORT 103-97 “Is Military Research Hazardous to Veterans’ Health? Lessons Spanning Half a Century.” Hearings Before the U.S. Senate Committee on Veterans’ Affairs, 103rd Congress 2nd Session. With NOTES 1 to 170. Committee Print – S. Print. 103-97.
[8] “Project 112 (Including Project SHAD) Home” chemical and biological experiments; www. 1.va.gov/shad/
[9] United States Code (USC) Title 38, 511. Decisions of the Secretary; finality. http://www. law.cornell.edu/
[10] “Biomedical Advanced Research and Development Authority (BARDA)” S-3678.
[11] From: MAILER-DAEMON@n7.bullet.ukl.yahoo.com Subject: failure notice. Date: Mon, 26 Nov 2007 19:43:22 -0000 Sorry, we were unable to deliver your message…. Remote host said: 550 SC-001 Mail rejected by Windows Live Hotmail for policy reasons. Reasons for rejection may be related to content with spam-like characteristics or IP/domain reputation problems. And From: MAILER-DAEMON@n5.bullet.ukl.yahoo.com Sat, 12 Jan 2008 18:52:58 -0000 Subject: failure notice Sorry, we were unable to deliver your message to the following address. XXXX Remote host said: 554 The message was rejected because it contains prohibited virus or spam content [BODY].
May 8, 2008 at 2:23 pm
confined space entry video
Sad. terrible loss.
May 14, 2008 at 11:26 am
jon
Greetings. We are in need of help for the following situation. My brother was employed for some time in the state of Maryland by Lowe’s Home Improvement as a night manager. During overnight shifts, he was responsible for supervising a team of employees during the flat-stacking of huge pallets of lumber and such. None of the employees, including my brother, was allowed to leave the building because of security restrictions. After a year of this activity, my brother became increasingly ill. During a phone call that my brother had with another Lowe’s night department manager, it was revealed that there had been inadequate ventilation in the work area, as mandated by Lowe’s Policy and Procedure Manual on “Energy Management”. Security restrictions during the night demand confinement to these specific spaces and ‘no air passage’ is a condition of the workplace. Employees are locked inside from eleven p.m. until six a.m. The forklifts used to move and lift the lumber pallets are powered by propane gas; the lumber itself has been cited as hazardous due to arsenic content. The burning of propane gas creates clouds of carbon monoxide, as well as other noxious elements; other merchandise being handled were the fertilizers and pesticides, which at that time, was moved by employees who wore no protective gear. Nor was anyone educated as to the potential hazards of contact with the chemicals contained in the merchandise.The drivers of the forklifts are also subjected to driving within the confines of eighteen wheelers to move merchandise from the trucks into the stores. Employees constantly complained of headaches and other ailments; on one occasion, when the team was taken ill, my brother opened the entry door so they could step outside and breathe fresh air. As a result, he was ‘written up’ and warned of further discipline by a district manager.
After months of unexplained illness and unproductive medical treatment, my brother collapsed on the job and was taken to the emergency room. Finally, after enumerable tests, he was diagnosed with brain damage from exposure to toxic chemicals and carbon monoxide. He then filed for Workman’s Compensation. The hearing was held on September 28th, 2007 and he received a letter of denial on October 4th, which offered no explanation or even comment. I firmly believe that Lowe’s has discarded him and perhaps many others as so much rubble because they know he is ill and believe him unable to fight back. His case for Workman’s Compensation is now in appeal and will be heard before a judge.
However, my brother’s medical problems are severe, and the prognosis for even long-term, low-grade exposure to these elements can be frightening. Some conditions are chronic and said to be permanent. The apathy of the legal system and the antipathy of Lowe’s, for whom he worked hard, has been daunting; in addition, he has been unable to work and fears further complications with the illness. The idea that he can help those who are still employed by Lowe’s, and those others who may have been sickened by similar conditions, is an inspiration to him to keep fighting for his health. Any insights or advice the forum can offer will be much appreciated by us, and passed on to those others in need. Thanking you in advance, we look forward to your response.
July 28, 2008 at 8:36 am
Dust to dust « The Pump Handle
[…] Confined Space @ TPH […]
July 28, 2008 at 1:26 pm
Dust to dust - Scientists & Engineers for America Action Fund
[…] In addition to the fatalities, the fire injured 40 people, three of whom are still in a hospital burn unit, and shocked the small community of Port Wentworth, Ga., where it seemed that almost every family had some connection to the 91-year-old sugar plant. Imperial Sugar won praise when it promised to rebuild the plant and continue to pay workers. (New York Times, h/t Jordan Barab, Confined Space) […]
February 18, 2009 at 1:07 am
Jagdish Patel
HI! Celeste!! How are you? It is well over a year that I attended APHA in 2007. I am sure, you must have attended APHA 2008, to and must have played new skit and enjoyed.
Here, in last one year we have rally not made much head way in reducing silicosis deaths but we have been receiving more & more media attention. I kept busy all through out in various activities. It is after a very long that I am visiting the Pumphandle. Normally I connect internet only to check mails.It is rarely that I find time to browse through sites.
I really had good time with you all. I hope to be in contact now onwards
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