Archive for 'Law'

Film: Gasland

Posted on Mar 12, 2010 by Susie Collins in Blog, Environment, Government Regulation, Susie Collins

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A cross-country odyssey uncovers toxic streams, dying livestock, flammable sinks and weakening health among rural citizens on the front lines of the natural gas drilling craze.

This is a follow-up on the same topic of yesterday’s post about fellow canary Sandra DenBraber, who is battling an oil and gas company contaminating her neighborhood with toxic emissions from a natural gas drill site near her home.

Meet Josh Fox, who is offered $100K for rights to drill for natural gas on his property, but Josh smells a rat and decides to travels through 32 states to discover for himself what happened in other areas that cut a deal. There he discovers the hellish world of fracking, the highly toxic process of natural gas extraction. And he catches the whole nightmare on film.

This film is currently on the film festival circuit. The next three Gasland film fests: WASHINGTON DC Environmental Film Festival, March 16th; the PHILADELPHIA film fest, April 9-11; and at the YALE Environmental Film Fest, April 11th.

Link to the Gasland website.

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Gas well drilling operation impacts health of an entire neighborhood

Posted on Mar 10, 2010 by Susie Collins in Blog, Government Regulation, MCS, Susie Collins

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Woman with Multiple Chemical Sensitivity is the first in  her neighborhood to detect toxic emissions from gas well drilling site; her health deteriorates while she fights for clean air.

Drilling at the University of Texas at Arlington.

Sandra DenBraber

Sandra DenBraber, who has Multiple Chemical Sensitivity, sent me an update about the toxic emissions from a natural gas drill site near her home. She wanted me to share with Canary Report readers an update about her health and a report in the Fort Worth Weekly published today.

“I really wanted you to have this story since the reporter did such an excellent job,” she wrote me. “The more people that hear about what happens to chemically sensitive people the more hope for change. I will continue to fight for change in drilling. It is essential since now 25% of children in the drilling area have respiratory problems per a recent news article.”

Here’s an excerpt from the Fort Worth Weekly report:

DenBraber, a former occupational health nurse, moved to her neighborhood more than 24 years ago after developing severe chemical sensitivities that forced her to quit her job. She went to great lengths to make sure her environment was as free of chemicals as possible: Her home has no carpeting, no gas lines, and several heavy-duty air filtration units. She lived there in relative good health, getting by on disability payments supplemented by a small income from making and selling charcoal masks for others who suffer from the same problem.

But in 2008, in the midst of drilling operations near UTA conducted by Houston-based Carrizo Oil and Gas, her health declined rapidly. Both DenBraber and her physician, Dr. Alfred Johnson, began to suspect emissions from the well site might be responsible.

“It got to the point I wasn’t able to leave my home without getting an instant migraine,” DenBraber said. “I have an above-ground pool for exercise [following joint replacement surgeries] that I was unable to use. I couldn’t work in my garden; I couldn’t step out the door.”

The change in her health became so pronounced that both Johnson and Dr. Susan Murphy , a rehabilitation specialist at UT Southwestern Medical Center, sent letters to Carrizo on her behalf in March and April of 2008, asking that the company work with DenBraber to find a mutually agreeable solution to her situation.

“Sandy tends to react more strongly to chemical exposure than most because of her chemical sensitivity,” Johnson said. “In a sense, she’s kind of like the canary in a mineshaft.”

My guess is that no one from Carrizo Oil and Gas lives anywhere near this operation. It shouldn’t be that the people who have been made ill are the ones at the front lines of the battles for clean air, but that is too often the case. Sandra has my respect and admiration for fighting the good fight not just for herself, but for the health, safety and welfare of her entire neighborhood. Brava, Sandra! I hope this is resolved soon so that you and your neighbors, including the students at UTA, are soon protected from this major polluter.

Photo credit of drilling site, Carrizo Oil and Gas.

Photo of Sandra ©2010 Sandra DenBraber

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$100K awarded to woman with chemical sensitivity denied proper accomodations at work

Posted on Mar 10, 2010 by Susie Collins in Blog, Disability Rights, MCS, Susie Collins, Worker's Rights

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Woman with chemical sensitivity awarded $100K for being denied proper accommodations at work; her coworker’s perfume made it difficult for her to breathe.

Modern perfume contains known toxic chemicals that can cause serious cognitive and respiratory problems in people with chemical sensitivity.

On Point reports a Detroit city planner with an allergy to perfume is savoring the sweet smell of legal success after the city agreed to pay her $100,000 and be more sensitive to the chemically sensitive.

The agreement -– obtained by On Point through a public records act request — settled Susan McBride’s lawsuit under the Americans With Disabilities Act which alleged the City of Detroit failed to reasonably accommodate her allergy after she complained that a co-worker’s perfume made it difficult for her to breathe.

Some critics attacked McBride for being overly sensitive and abusing the court system. But many workplaces are now perfume-free and a judge in November 2008 denied the city’s motion to dismiss, ruling McBride could proceed with a disability claim “based on the major life activity of breathing.”

As part of the settlement, which the parties signed last month, the city will post a notice on bulletin boards in its offices announcing that “Our goal is to be sensitive to employees with perfume and chemical sensitivities”

Let’s hope it sets precedent for future cases. If you have Multiple Chemical Sensitivity and are having trouble with your employer giving you proper accommodations, you might like to share the agreement with them. This is an access issue, the same as any other disability protected under the ADA.

<a href=”http://www.flickr.com/photos/momoe365photos/4154731316/”>Photo credit.

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Please sign Italian petition for recognition of Multiple Chemcial Sensitivity

Posted on Mar 07, 2010 by Susie Collins in Blog, Disability Rights, MCS, Social Justice, Susie Collins

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Our fellow canaries in Italy are asking for our support: Please take a minute to sign this petition for the recognition of Multiple Chemical Sensitivity in Italy.

Italian flag

There are just a couple more days left to sign in support of the Italian petition to recognize Multiple Chemical Sensitivity. In the middle of March, the Association for Chronic and/or Environmental Diseases by Intoxication (AMICA) will meet with Senators to present the petition. Please sign; last day to sign is March 10.

Click here to sign– it’s all in Italian, so once you get to that page, click on “Firma,” then fill in the fields for First Name, Last Name, Email, Telephone (not necessary), and postal code (CAP). Direct link here to sign the petition.

THE PETITION TRANSLATED INTO ENGLISH:

Petition promoted by the Association for Chronic and/or Environmental Diseases by Intoxication (AMICA) www.sensibilitachimica.it

To the Presidency of the Senate of the Italian Republic

To the President of the Chamber of Deputies

To the XII Committee of the Social Affairs at the Chamber of Deputies

To the XII Commission of the Senate Health and Hygiene

Since the Multiple Chemical Sensitivity (MCS) is a chronic disabling condition that involves multiorgan reactions to exposure to various chemicals in quantities normally tolerated by the general population and that the diagnostic criteria were established by international consensus in 1999;

Seen that from 2 to 10% of the population is hyper-sensitive to environmental chemicals and products in common use and an increasing proportion is affected by multiple substances – that is suffering multiple chemical sensitivity, or MCS – with impaired capacity for work, social life and autonomy that varies from mild to very severe depending on the stages of the disease;

Since the MCS is recognized in the United States by federal law for the Disabled American with Disabilities Act, federal agencies – such as the Environmental Protection Agency, the U.S. Housing and Urban Development, the Social Security Administration – and many local governments;

Since the MCS is recognized by Canada federal and Provincial government agencies;

Since the MCS is classified by Germany since 1998 in the International Code of Diseases by the T 78.4 in Chapter 19 (Injury, poisoning and other consequences resulting from external causes) and Section T66-T78 (Other and unspecified damage from external factors);

As the Ministry of Welfare and Labor of Germany, who had classified the MCS in the of list of motor disability (as compared to those for the inability of patients to move), has removed the description of illness as psychosomatic (of psychological origin / Psychiatry), putting an end to discrimination of this disease environment;

As the Ministry of Health, Labor and Welfare and the Ministry of Economy, Trade and Industry (Japan), which for years have recognized the sick building syndrome – similar to the MCS, said insert MCS October 2009 in the list of diseases covered by the insurance of the National Health Service;

Since in Italy there is no law that equalize the rights of the environmental patients (not only MCS, but also of Chronic Fatigue Syndrome, to Elettrosensibilità of Fibromyalgia, Sick Building Syndrome, etc..) Than those of any other form of disability in terms of job protection, the right to treatment, the right to a home “safe”, etc..;

The petitioners demand that are challenged with the highest priority of the six bills initiative of the House of Representatives (No. 1621 August 5, 2008, No. 1654 of September 18, 2008, No. 1667 of 18 September 2008, N . 2287 March 12, 2009) and Senate (NS1019 of 17 September 2008, No. 1165 of 28 October 2008) for the recognition of MCS as a social disease, using the international consensus in 1999 as a benchmark for the diagnosis, as in the world.

Thanks Rose and Francesca! Keep up the good work!

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Anatomy of a toxic chemical spill

Posted on Feb 25, 2010 by Susie Collins in Blog, Environment, Government Regulation, Guest Bloggers

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On February 17, 2010, in Alameda, CA, a garbage or recycle truck owned by Alameda County Industries blew its hydraulic line at the corner of Oak Street and San Jose Avenue, spewing hydraulic fluid all over the street. I had to walk through it to get to my house.

By guestblogger Steph.

~~~

02-17-10

February 17, 2010 - Alameda, CA. That's not snow - it's 57F outside. Alameda County Industries garbage or recycle truck blew its hydraulic hose earlier in the day, and their crew came out with an absorbent material to pick up the spill. That material was like fine grain sand and immediately went airborne. Now it's on the cars and everything, and likely in my house since I had to open the front door to go inside.

~~~

02/18/10

On February 17, 2010 in Alameda, CA, a garbage or recycle truck owned by Alameda County Industries (ACI) blew its hydraulic line at the corner of Oak Street and San Jose Avenue, spewing hydraulic fluid all over the street.

Cars continued driving, as San Jose Ave is a thoroughfare, and the oil spread all up and down both streets. ACI sent a cleaning crew, who applied a thin sandy ‘absorbent’ material all over the road, which got picked up by passing cars and went airborne immediately, with the oil particles on the sand.

The scene above is what I had to walk through to get to my house.

Please google hydraulic fluid toxicity to learn more, and also check out a news story about a woman who died after a similar accident.

I have also uploaded photos here. My lips were stinging when I got back into the house last night after taking pictures. I should have worn a mask of course. Of course. I shed all my clothes in the kitchen and put them in a garbage bag. I took a shower immediately.

Last night I filed complaint with the Alameda Department of Public Works and the City Clerk’s office for Boards and Commissions. This morning, following Susie Collins’ advice, I phoned up the police department to make sure they’d been notified. They said they had, and seemed indifferent to me. They routed me over to the fire department, where I was told I’d get a call back. I got a voicemail saying they’d send someone over to check out the street, but I didn’t see anyone come by in a Fire Department uniform or vehicle.

At 3pm today, I received the following email:

Good afternoon Steph,

I am responding back to your e-mail that was sent to ACI this morning, at approximately 2:30pm on February 17,2010 one of our fully automated trucks had a hydraulic hose rupture and leaked fluid onto the street, our driver immediately contacted our dispatch center and a field supervisor.

Upon notification of the spill we immediately contacted the City of Alameda, Public works department. Both the City of Alameda Fire and Police department were called and responded to the scene to assist us with the cleaning of the street and traffic control.

After meeting with the fire department and the urban run-off group they released the scene back to us for our cleanup process. We responded with 7 ACI employees to put dry sweep on the on the fluid and swept up all the areas effected. The hydraulic fluid can become slippery and that’s why we reacted to get it cleaned up immediately. The fluid that was on the ground is a premium hydraulic oil that is commonly used in hydraulic systems. The absorbent that was used is called select sorb professional multi purpose spill aid (MSDS_SelectSorbProfessional.pdf).

We are keeping in contact with the city of Alameda and the urban run-off Manager, today we had street sweepergo thru the areas that were effected and he will be returning again tonight after cars have left the street. As far as the City of Alameda and ACI is concerned there are no direct health hazards as a result of the spill.

I apologize for any inconvenience this matter may have caused you, please feel free to contact me should you have any further questions or concerns.

Best Regards,

Guy Martinez

Safety Manger

I sent an email back to Mr. Martinez, asking for specifics on the hydraulic fluid; “Thank you for your response. Can you tell me what type of hydraulic fluid had spilled, aside from it being ‘premium’? Was it mineral oil, organophosphate ester, or polyalphaolefin?”

And now I wait.

[...]

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The risk of developing Multiple Chemical Sensitivity from exposure to photocopiers and laser printers

Posted on Feb 13, 2010 by Susie Collins in Blog, Guest Bloggers, MCS, Worker's Rights

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Some persons suffering from Multiple Chemical Sensitivity may have developed their conditions or worsened them due to exposures to the toxic chemicals given off by photocopiers and laser printers in their office jobs.

By guestblogger M.R.E.

The following is information for the readers of The Canary Report concerning potential risks of exposure to photocopiers and laser printers. I have suffered a devastating respiratory condition from exposure to these types of machines, and so I am trying to raise awareness about this health hazard to hopefully receive feedback and get in touch with other persons who suffer the same.

Due to exposure to photocopiers and laser printers, I have suffered a devastating respiratory condition which produces in an extreme degree: difficulty for breathing, chest pain and oppression, fatigue, cough, mucosal dryness, inability to sneeze and plenty of disturbances in the throat, nose, mouth, eyes, skin, stomach and other systems plus an extreme, lasting intolerance to all chemicals in the air. After a lot of troubles it was diagnosed in two university hospitals as non-specific bronchial hyper-reactivity and Multiple Chemical Sensitivity (MCS). The syndrome was caused by the irritant vapors released by a photocopier and a laser printer in my jobs and this appears very obvious from the full details of my story, too long for this page. Although my illness was initiated within 24 hours of intense exposure to these gases, it has not been officially recognized as occupational for any purpose. As many other sufferers with MCS, I have lived a nightmare of sickness and social neglect, but thanks to my family, who financially and psychologically supported me, I did not fall into marginality and eventual tragedy.

From my own experience of nearly three decades with this problem I see that the following points should be carefully taken into account:

[...]

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Multiple Chemical Sensitivity associations in Spain meet with Ministry of Health officials

Posted on Feb 05, 2010 by Susie Collins in Blog, Disability Rights, Government Regulation, Guest Bloggers, MCS, Social Justice

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Eva Caballé reports on the meeting between Multiple Chemical Sensitivity associations and Ministry of Health officals in Spain, Feb. 4, 2010

Translated from Spanish by Eva Caballé

On February 4th 2010 at 12:00h has been held the meeting with Ministry of Health to state the situation of Multiple Chemical Sensitivity sufferers in Spain.

Mr José Martínez Olmos, Secretary General of the Ministry of Health, Mr Alberto Infante Campos, General Director of Professional Planning, Cohesion of SNS and High Inspection and Mr Francisco Valero Bonilla have attended to the meeting representing the Ministry of Health. One person by almost each MCS association has attended to the meeting and also Jaume Cortés, lawyer of Colectivo Ronda, and Dr. Pablo Arnold, immunologist specialized in MCS.

ACAF: Cristina Montané
• AFCISQUIM: María Roldán
Alas de Mariposa- SQM: Tránsito Rodríguez
ALTEA – SQM: Cristobalina Bejarano
APQUIRA: Mª Carmen Gómez de Bonilla
• AQUA: Mario Arias
ASQUIFYDE: Francisca Gutiérrez
AVASFASEM-AVASQ: Francisca García
ENA: Laura Domínguez
MERCURIADOS: Mª Carmen Miravete
• Plataforma Estatal Contra la Contaminación Ambiental: Minerva Palomar
PLATAFORMA PARA LA FM ,SFC, SQM, reivindicación de derechos, Asociación Nacional: Elena Navarro

A petitions document done by MCS associations under David Palma coordination has been submitted. This document has been signed by:

ABAF: Margarita Pascual
ACAF: Maite Ribera
• AFCISQUIM: María Roldán
Alas de Mariposa- SQM: Irene Escudero
ALTEA – SQM: Cristobalina Bejarano
APQUIRA: Mª Carmen Gómez de Bonilla
• AQUA: Mario Arias
ASQUIFYDE: Francisca Gutiérrez
AVASFASEM-AVASQ: Francisca García
ENA: Rosa de Gabriel
MERCURIADOS: Servando Pérez
• Plataforma Estatal Contra la Contaminación Ambiental: Minerva Palomar
PLATAFORMA PARA LA FM ,SFC, SQM, reivindicación de derechos, Asociación Nacional: Elena Navarro
Eva Caballé

Also a copy of Desaparecida: Una vida rota por la Sensibilidad Química Múltiple (Missing: A life broken by Multiple Chemical Sensitivities) has been hand delivered on behalf of Eva Caballé, who couldn’t attend to the meeting, as an example of what MCS sufferers have to go through in Spain.

The meeting with Ministry of Health has meant an agreement on minimum standards by the Ministry, but a big hope for all MCS sufferers.

Representatives of Ministry of Health have committed to contact MCS associations within 2 weeks to jointly agree on experts to form a Scientific Committee to create a document of consensus on the MCS. They have stated that this is the first step to make possible the inclusion of the MCS in ICD-10, i.e. its official recognition as disease in Spain. They have demonstrated that later there would be necessary to start creating the protocols.

All people who have been part of this process are thrilled by the result of the meeting, because doors have opened us to obtain the recognition of the Multiple Chemical Sensitivity in Spain and to achieve that MCS sufferers have the same rights as the other chronically ill people.

Link

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US Senate committee holds hearing on public exposures to toxic chemicals

Posted on Feb 04, 2010 by Susie Collins in Blog, Environment, Government Regulation, Susie Collins

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Now available: Transcript and webcast of today’s hearing at the United States Senate Subcommittee on Superfund, Toxics and Environmental Health entitled, “Current Science on Public Exposures to Toxic Chemicals.”

Led by Senator Frank R. Lautenberg (D-NJ), at left, the United States Senate Subcommittee on Superfund, Toxics and Environmental Health held a hearing today entitled, “Current Science on Public Exposures to Toxic Chemicals.” I urge you to become familiar with Sen. Lautenberg’s work on the hill; along with Sen. Barbara Boxer (D-CA), he’s the greatest advocate in the U.S. Senate for toxic chemical policy reform. For those of you who follow The Canary report, you’ll remember a post I did on Sen. Launtenberg back in February 2009 when he assumed the chairmanship of this committee. Lautenberg is the senator who introduced the Kid-Safe Chemicals Act, a proposal to overhaul federal restrictions on toxic chemicals.

Canaries will recognize the name of one other of our heroes among the panel members: Ken Cook, president at the Environmental Working Group.

Subcommittee on Superfund, Toxics and Environmental Health hearing entitled, “Current Science on Public Exposures to Toxic Chemicals.”
Thursday, February 4, 2010
10:00 AM EST
EPW Hearing Room – 406 Dirksen

Senator Frank R. Lautenberg (D-NJ), Chairman of the Subcommittee on Superfund, Toxics, and Environmental Health, will convene a hearing to examine the current science on public exposures to toxic chemicals.

Majority Statements
Barbara Boxer
Frank R. Lautenberg

Minority Statements
James M. Inhofe
Witnesses

Opening Remarks

Panel 1

Steve Owens
Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances
Environmental Protection Agency

Henry Falk M.D., M.P.H.
Acting Director, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry
Centers for Disease Control and Prevention

John Stephenson
Director, Natural Resources and Environment, U.S. Government Accountability Office

Linda Birnbaum Ph.D., D.A.B.T., A.T.S.
Director
National Institutes of Environmental Health Sciences

Panel 2

Molly Jones Gray
Participant in a Biomonitoring Study

Ken Cook
President
Environmental Working Group

Charles McKay MD FACMT, FACEP, ABIM
Division of Toxicology, Department of Emergency Medicine, Hartford Hospital

Tracey J. Woodruff PhD, MPH
Associate Professor and Director
Program on Reproductive Health and the Environment, Department of Obstetrics, Gynecology, and Reproductive Sciences, University of California, San Francisco

I don’t know how much change is going to be made as a result of these hearings, but I can tell you that trends are moving in the direction of toxic chemical policy reform. If President Obama manages to hang on to a second term despite the discontent that is brewing due to the economic problems, we will have a much better chance at stronger reform. I can tell you though, that even though the wheels of Washington, DC, move painstakingly slow, I’ve seen more happening to enforce the Clean Air Act and to put progressive environmental policies in place over the past year than I saw in the entire eight years of the Bush administration.

Link to transcript and webcast of today’s hearing.

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Request for help composing an advance letter to health care specialists

Posted on Feb 01, 2010 by Susie Collins in Blog, Disability Rights, MCS, Susie Collins

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What should be included in a letter to a physician that arrives before WE do?

Elaine Willis, who has Multiple Chemical Sensitivity and a host of other illnesses, contacted me for help in composing an advance letter for her health care specialists. She’d love to have input from as many people with MCS as possible. Please leave your thoughts in the comment section.

My family doctor (primary care physician) has asked that I prepare the letter that will go to specialists prior to my first arrival. It needs to elucidate in few words what to do to make my visit safe. It must also explain MCS (Multiple Chemical Sensitivity) to a physician who may have had no education about or exposure to a patient with the kind of symptoms I experience. My symptoms can be mild (for me) which may include coughing, asthma, brain fog and increased ataxia (you see I already I have ataxia – the hereditary kind). Or, they can be medium, slurred speech, severe ataxia, altered blood pressure, complete inability to focus or answer questions, stuttering, poor word-finding skills and dizziness. And of course, the biggie… anaphylaxis… and it happens too often.

So, my desire with this post is to engage the assistance of others with MCS. What should be included in a letter to a physician that arrives before WE do? First appointment of the day? No waiting? This is a brainstorm – so all ideas are accepted. I will choose the ones I want for my letter and post it. Maybe it will be useful for others, too!

Please leave your suggestions here in the comment section. Thank you!

~~~

Read more about Elaine here:

Perfume blogger dismisses concerns from a member of our community

Canadian teacher fights for her right to workplace accommodations

Meet Elaine Willis

~~~

This post was originally published on Elaine’s blog and republished here on The Canary Report with her permission.

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Poster for fragrance-free hospital care

Posted on Jan 26, 2010 by Susie Collins in Blog, Disability Rights, MCS, Susie Collins

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This poster was designed as a public service project for patients requiring in-hospital care at hospitals that are still lacking a proper fragrance-free policy for the staff.

The poster comes in two versions: one for Multiple Chemical Sensitivity and one for Severe Allergic Asthma. Click here to download either one in print resolution.

I think the posters are FAB, but I knock off a couple points for using the word “allergen” in the MCS poster. As we all know, MCS is not an allergy, it does not have any of the physiological markers of an allergy. But that criticism aside, this poster rocks. I especially love the part where it says, “Patient is not a Fragrance Crash Test Dummy. Don’t just ‘come & see if it affects the patient.’”

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MCS groups in Spain to meet with Secretary of Health

Posted on Jan 26, 2010 by Susie Collins in Blog, Disability Rights, Government Regulation, MCS, Policy, Social Justice, Susie Collins

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A coalition of Multiple Chemical Sensitivity Groups in Spain will meet with the Secretary General of the Ministry of Health to discuss formal recognition of MCS.

Eva Caballé at NO FUN reports that a coalition of MCS groups in Spain will meet with the Secretary of the Ministry of Health on Feb. 4 to discuss the formal recognition of Multiple Chemical Sensitivity as a physical illness. The groups also will ask that all people with MCS have the same rights as the other chronically ill people.

The meeting will be held on February 4th 2010 in the Ministry of Health. Mr José Martínez Olmos, Secretary General of the Ministry of Health and Mr Alberto Infante Campos, General Director of Professional Planning, Cohesion of SNS and High Inspection will attend to the meeting representing the Ministry of Health. Following the Ministry of Health instructions, one person by each MCS Association will attend to the meeting and a lawyer and a doctor specialized in MCS too.

David Palma is coordinating this process selflessly.

We are now working on petitions document that will be signed by all MCS associations. This document will be given to the Ministry during the meeting, along with medical information about MCS.

List of MCS associations that are part of this process:

* ACAF
* AFCISQUIM
* Alas de Mariposa
* ALTEA – SQM
* APQUIRA
* ASQUIFYDE
* AVASFASEM-AVASQ
* ENA
* MERCURIADOS
* PLATAFORMA PARA LA FM ,SFC, SQM, reivindicación de derechos, Asociación Nacional

Link to read more about Eva’s book.

Link to read about Eva’s essay in Delirio’s “Silence” issue.

Link to read about Eva’s essay in Delirio’s “Naked” issue.

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Canadian teacher fights for her right to workplace accommodations

Posted on Jan 07, 2010 by Susie Collins in Blog, Disability Rights, MCS, Worker's Rights

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“The battles for those of us with disabilities, and especially for those of us with Multiple Chemical Sensitivity, are huge.”

Elaine Willis reports on her blog about Arbitration: Final Day… just waiting for a decision. Elaine has been in a lawsuit for years about workplace accommodations: SCHOOL DISTRICT 36 vs BC TEACHERS’ FEDERATION, ELAINE WILLIS, DUTY TO ACCOMMODATE, which will set precedent in Canadian arbitration law.

The battles for those of us with disabilities, and especially for those of us with Multiple Chemical Sensitivity, are huge. There are many false beliefs about our abilities and the nature of our disabilities. The truth remains that we are people, to be treated as all people, with dignity, equality and respect. We are not to be shut away in our homes as society continues to demand of us.

Education is enlightenment. I WILL CONTINUE TO BE A TEACHER! This process may enable me to do so for a living as well!

Here’s the statement Elaine read in court during the second day of arbitration back in August: I AM a teacher.

Brava, Elaine, for your warrior spirit and sense of what’s right! We are proud to have you as one of the flock.

Photo used with Elaine’s permission.

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Environmental illness and disability law proposed in Italy

Posted on Dec 27, 2009 by Susie Collins in Blog, Disability Rights, Government Regulation, MCS, Policy, Social Justice, Susie Collins, Worker's Rights

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ItalySilvia Müller at the Chemical Sensitivity Network wrote to tell me there’s an Italian law proposal for environmental illnesses and disability. The proposed law includes definitions of various environmental illnesses such as Multiple Chemical Sensitivity and Electromagnetic Sensitivity, diagnosis and prevention guidelines, guidelines for health care professionals, building and planning rules, employment protections, and financial coverage.

This is really good news. We are seeing country after country enact these types of laws, most recently Germany and Japan. Getting these laws enforced is another story, but we should still celebrate this forward momentum toward global recognition of environmental illnesses, moving us closer to full rights given to those who need medical care, safe housing, financial, and other support.

MeP DOMENICO SCILIPOTI (IDV): “HOW TO HELP PEOPLE AFFECTED BY ENVIRONMENTAL DISABILITY”

PRESS RELEASE, Rome 21.dec.09

“In order to help people with Environmental Disabilities whose survival and quality of life depend not on drugs, but on avoiding certain environmental factors, today I presented a project of law about this issue”, comments On. Scilipoti. “The law is meant for environmentally triggered diseases such as Multiple Chemical Sensitivity (MCS), involving a loss of tolerance of chemicals, or Electromagnetic Hypersensitivity (EHS), forcing the affected ones to get far from electromagnetic fields emitted by mobiles, Wi-Fi, electric cables, etc. But the law is also meant for genetic, metabolic, neurological or immunological disorders such as fibromyalgia or CFS (involving chemical intolerances) or favism, which gives serious reactions to legumes. Other cases of environmental disability are seen in autism, epilepsy, migraine and lupus that involve reactions to fluorescent lighting”. “It’s important to discuss this law as soon as possible in order to give an answer to these people”, Scilipoti concludes.

Link to read entire law proposal.

Thanks, Silvia!

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Change is coming on U.S. toxic chemical policy

Posted on Dec 09, 2009 by Susie Collins in Blog, Government Regulation, Policy, Social Justice, Susie Collins

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A great report today from the Huffington Post on the work currently being done in Washington DC to change toxic chemical policy.

While Afghanistan, the economy, Copenhagen and health care grabbed headlines this week, on December 2nd, Senators Frank Lautenberg and Barbara Boxer, who chairs the Senate Environment & Public Works committee, held a hearing on an issue that could significantly influence three out of four of those big ticket items. That issue is chemicals – the synthetic and industrial chemicals, largely petrochemical in origin that permeate every aspect of our lives – and the inadequacies of TSCA (Toxic Substances Control Act), the primary law aimed at protecting Americans from chemical hazards.

The report also covers introduction of the Endocrine Disruption Prevention Act of 2009 by Senator John Kerry and Representative Jim Moran. The Environmental Working Group’s study is included as reference (they are doing God’s work in my opinion). EPA Administrator Lisa Jackson has called for increased research and development of safer chemicals through green chemistry. Coinciding with the Senate hearing was a statement signed by 13 states also calling for TSCA reform.

The coming changes might not impact the lives of people with Multiple Chemical Sensitivity in real time, but the current paradigm on chemical policy, the one that got most of us sick in the first place, is about to get trounced.

Link

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Multiple Chemical Sensitivity and Social Security Disability, Part 7

Posted on Nov 16, 2009 by Susie Collins in Blog, Disability Rights, MCS, Michael Walkup

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There are many pitfalls for people with Multiple Chemical Sensitivity applying for Social Security Disability Insurance. I recommend that MCS clients get in touch with me before they make the Social Security Disability Insurance application, or maybe even while they are still working and trying to get accommodations from their employers.

Post by Michael Walkup, attorney at law.

This is the last part of a series on disability law as it relates to MCS claims.

michaelwalkupRepresentation on your claim

One question people with Multiple Chemical Sensitivity always have is whether or not to retain a representative on their Social Security Disability Insurance claim, and, if so, when in the process is the best time to do this. They may also want to know if it is best to get an attorney or a non attorney, and if they should hire someone in their immediate area or someone from a national firm.

Anyone is allowed to serve as a representative in a Social Security Disability Insurance claim. Only attorneys and those representatives who are certified by the Social Security Administration can get direct payment of their fees, however. Others have to be paid directly by the client. Attorneys are automatically allowed to both represent claimants before SSA and to obtain direct payment of fees. Other people who wish to have withholding and direct payment of fees have to take a national test and be certified by SSA.

Attorneys can practice before SSA in all 50 states so long as they are a member of the bar in any one state. Other representatives can likewise practice in any state.

One advantage of hiring an attorney rather than a non attorney is accountability for malpractice. Attorneys will generally have malpractice insurance, and this can be verified by checking with the bar association that registers attorneys in the state or states in which they are licensed. Non attorneys have no such insurance.

Another advantage of an attorney is the training they receive in the practice of law, which is readily transferable to SSDI claims, and their years of experience in the court systems. There are no training programs as such for non attorney representatives, although some of them are trained as vocational experts, nurses, paralegals, insurance claim representatives, etc.

If you do hire anyone, be sure that you find out exactly what their experience is in Social Security disability claims, and possibly in the area of your particular impairments as well. When it comes to MCS, most attorneys, even those who specialize in disability claims, often have little experience.

My website, www.MCSLegalHelp.com, contains a list of “Ten Questions To Ask Your Lawyer,” which can give you further guidance.

When to get a representative

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