What is the United States Consumer Product Safety Commission? (CPSC)

Created in 1972, The United States Consumer Product Safety Commission (CPSC) is an independent government agency of the United States Federal Government. The United States Consumer Product Safety Commission (CPSC) was created through the Consumer Product Safety Act; the primary goal of the organization is to fight against unreasonable risks of pain and injuries associated with consumer products in the United States. 

The United States Consumer Product Safety Commission (CPSC) is an independent agency that does not report to any other agency or department within the federal government. The United States Consumer Product Safety Commission (CPSC) is typically headed by three commissioners who are each individually nominated by the President of the United States; once nominated, the commissioner must be confirmed by the United States Senate for a staggered seven year term. Each commissioner will set policy for The United States Consumer Product Safety Commission (CPSC). Currently, The United States Consumer Product Safety Commission (CPSC) has five acting commissioners. 

The United States Consumer Product Safety Commission (CPSC) is located in Bethesda, Maryland and operates with approximately 500 government employees. 

The general mission of The United States Consumer Product Safety Commission (CPSC) is to protect the general public from unreasonable risks of death or injury from thousands of types of consumer products listed under the agency’s jurisdiction. The United States Consumer Product Safety Commission (CPSC) is committed to protecting the general public—and their families—from consumer products that pose an electrical, chemical, fire or mechanical hazard that can perpetuate diseases or cause injuries. The United States Consumer Product Safety Commission (CPSC) works to ensure the safety of consumer products—such as cigarette lighters, power tools, cribs and household chemicals—that contribute to a large percentage of injuries and deaths associated with consumer products over the past three decades. 

Scope of the United States Consumer Product Safety Commission (CPSC):

The United States Consumer Product Safety Commission (CPSC) has the power to regulate the manufacture and/or sale of more than 9 different consumer products (including all-terrain vehicles, baby cribs, swimming pools and barbeque grills). The United States Consumer Product Safety Commission (CPSC), in general, is a regulator of consumer products. A product not under jurisdiction of The United States Consumer Product Safety Commission (CPSC) includes those specifically named by statute or law as under the jurisdictional authority of other federal bodies. For instance, an automobile is regulated by the National Highway Traffic Safety Administration, drugs are regulated by the Food and Drug Administration and guns are regulated by the Bureau of Alcohol, Tobacco and Firearms. Within educational and scientific communities, there is a growing population that feels these regulatory actions have hampered effective or legitimate scientific research. 

The United States Consumer Product Safety Commission (CPSC) fulfills its general mission by banning hazardous consumer products, researching potential dangers associated with consumer products and issuing recalls of consumer products that are already on the market. The United States Consumer Product Safety Commission (CPSC) will lean about unsafe products in a variety of ways. The United States Consumer Product Safety Commission (CPSC) maintains a consumer website and customer hot line where consumers can report concerns with regards about unsafe products or injuries associated with consumer products. The United States Consumer Product Safety Commission (CPSC) will also operate the National Electronic Injury Surveillance System which is a network of roughly 100 hospitals, each with 24-hour emergency rooms. This networks collects data with regards to consumer product related injuries; this information is used to general national estimates. 

What is the W.R. Grace and Company?

Headquartered in Columbia, Maryland, the W.R. Grace and Company is a chemical conglomerate, comprised of two primary divisions: Performance Chemicals and Davison Chemicals. The Davison unit of the W.R. Grace and Company is responsible for making chemical catalysts, silica-based products and refining catalysts that enable other entities to make products from refined crude oil. The Performance Chemicals unit of the W.R. Grace and Company makes concrete and cement additives, packaging sealants and fireproofing chemicals. Customers of this unit include: construction firms, chemical companies and oil refiners. 

The W.R. Grace and Company describes their operations as the premiere specialty materials and chemicals company in the world. The W.R. Grace and Company employs more than 6,500 employees in over 40 international offices throughout the world. The company boasts annual sales of roughly 2.6 billion dollars. The company, under ‘GRA’, trades on the New York Stock Exchange, where it has been listed since 1953.

Products and Subsidiaries of the W.R. Grace and Company:

Products and subsidiaries associated with the W.R. Grace and Company include: 

• The Grace division produces:

o Silica products

o Industrial catalysts (IE Raney nickel)

• The Grace Performance Chemical Division:

o Assortment of Grace Construction Products

§ Concrete Pigments

§ Air and Vapor barriers

§ Concrete fibers, concrete admixtures and grinding aids

§ Fireproofing materials

§ Structural, waterproofing membranes and bituminous materials

o Residential Building Materials

§ Flashings for doors, windows, decks and roof detail areas and an assortment of roofing membranes

§ Darex, including closures, coatings and sealants for canned foods and soft drink cans

The W.R. Grace and Company, through the production of the above products, has been involved in several controversial incidents of proven and alleged corporate crimes, including exposing residents of entire towns—as well as their workforce—to asbestos fibers. These contamination cases, most notably, took place in Troy and Libby, Montana. 

Asbestos Products Produced by the W.R. Grace and Company:

Several of the asbestos-containing materials manufactured by the W.R. Grace and Company were originally intended to be used in the construction industry. Aside from special building materials, asbestos-containing materials manufactured by the W.R. Grace and Company also included plaster, fireproofing materials, additives for cement and roofing materials. 

The majority of the products the W.R. Grace and Company produced were meant to be exported, primarily to take advantage of the corporation’s wide-ranging interests. The W.R. Grace and Company bought and sold several businesses, ranging from retail outlets, banks, airlines, restaurants, and wholesale book distributors. Examples of asbestos-containing materials manufactured by the W.R. Grace and Company include:

§ Ex Tex

§ Econo-white

§ Monokote Cement

§ High Temperature Insulating Cement

§ Zono-Coustic

§ Zonolite Fireproofing

§ Perltex Super-40 Perlite

§ Perltex Spray Surfacer

§ Zonolite Plaster

§ Zonolite Cement

§ Z-tex

§ Zonolite Spra-Tex

§ Zonolite Accoustical Plaster or Plastics

The W.R. Grace and Company and Asbestos: 

Although the W.R. Grace and Company does not currently make asbestos-based products, the corporation has faced more than 270,000 asbestos-related suits. More than half of these asbestos lawsuits have been dismissed our settled out of court—approximately 120,000 asbestos lawsuits remain pending. 

Asbestos injury claims doubled in 2000; because of this, the W.R. Grace and Company was forced to file for bankruptcy protection a year afterwards. The United States department of Justice claimed that the W.R. Grace and Company transferred between 4 to 5 billion dollars to sister and daughter companies that it had recently acquired before the bankruptcy filing. The attorneys for the Justice department claimed that this financial maneuver was a fraudulent transfer of funds that was initiated to protect the W.R. Grace and Company from asbestos suits. Coordinating bankruptcy courts ordered each company to return the transferred funds. 

In 2005, the United States Department of Justice filed a criminal action against the W.R. Grace and Company. In February of the same year, the department announced that a grand jury in the state of Montana formally indicted the W.R. Grace and Company—along with seven Grace Executives—for knowingly putting residents of Libby, Montana at risk of asbestos exposure. In addition to exposure, the W.R. Grace and Company was charged with concealing information regarding the health effects of its asbestos mining initiatives. According to the federal indictment, the W.R. Grace and Company and its executives, attempted to conceal information—as far back as the 70’s—concerning the adverse health effects of the corporation’s vermiculite mining operations and their distribution of vermiculite in Libby Montana. The W.R. Grace and Company was also accused of obstructing the federal government’s cleanup efforts in Libby. Currently, according to the charges, roughly 1,200 residents of Libby, Montana have been formally identified as suffering from some sort of asbestos-related disease. 

The formal criminal trial commenced in February of 2009, following years of pretrial hearings, some of which were heard in the United States Supreme Court. In May of the same year, the W.R. Grace and Company was acquitted of knowingly placing the people of Libby, Montana at harm of asbestos exposure. The chairman, president and CEO of the W.R. Grace and Company (Fred Festa) claimed that the company worked hard to keep the operations in direct compliance with state and federal asbestos laws. In turn, government lawyers claimed that the W.R. Grace and Company was responsible for an unparalleled asbestos case, where a whole community was sickened or killed by environmental crimes. 

In addition to asbestos suits, The W.R. Grace and Company has a long history of environmental crimes; these crimes were the basis for a series of non-fiction books, most notably “A Civil Action” which later turned into a popular motion picture. 

The W.R. Grace Company is regarded as one of the largest asbestos produces in American history. In 1963, the company purchased hundreds of vermiculite asbestos mines and a processing plant in Libby, Montana–these mines maintained functionality until 1990. Vermiculite is a naturally-occurring mineral that is mined from raw ore deposits. The mining method used for vermiculite is very similar to asbestos mining practices. 

In Libby, Montana, the W.R. Grace and Company employed up to 200 people to produce over 200,000 tons of vermiculite a year. These mines were eventually shut down in 1990 after large amounts of airborne asbestos fibers were discovered. This discovery opened floodgates; the exorbitant levels of airborne asbestos fibers served as the dominant factor to explain the overwhelming number of residents in Libby, Montana diagnosed with asbestos-related diseases. Because of this link, the W.R. Grace and Company faced a steady stream of asbestos lawsuits. 

Vermiculite found in the mines was utilized for a number of common construction products. Unfortunately, these mines were a source of asbestos fibers, which of course, posed a significant health risk to any individual working or living in close proximity. The life expectancy of Libby residents precipitously dropped. More than 500 Libby residents died from asbestos exposures in the Grace mines and roughly 1,500 residents fell ill. 

As a result of the trial, the W.R. Grace and Company was required to pay the United States Federal Government over $54 million to compensate for cleanup costs related to the Libby mines. The mine was ruled to contaminate schools, residences and businesses in Libby, Montana. Approximately $6 million of the site was earmarked for mortality analyses and medical testing for residents of Libby, Montana who had developed an asbestos-related disease or who had passed away after the mining operations commenced. 

In June of 2009, the Environmental Protection Agency declared a Public health Emergency in Libby and Troy, Montana. Widespread asbestosis diagnoses among the residents of these communities were said to hundreds of times higher than the national average.  

What Should I Do If I am Exposed to Asbestos by the W.R. Grace & Company?

Individuals who worked at the W.R. Grace & Company vermiculite mines in Montana may have been exposed to asbestos filaments. When airborne asbestos is inhaled it sticks to the lining of the lungs. These human carcinogens eventually eat away at the body’s protective tissues, forming cancer or other asbestos-related diseases. Asbestos is directly related to malignant mesothelioma cancer, lung cancer and asbestosis. If asbestos-related materials or products from the W.R. Grace and Company have affected you or a loved one in the past please call (800)-515-2270 to speak with patient advocates to file claims and/or go over your options. 

What is the Mine Safety and Health Administration (MSHA)?

The Mine Safety and Health Administration (MSHA) is an agency of the United States Department of Labor that administers the provisions latent in the Federal Mine Safety and Health Act of 1977 (known as the Mine Act for short). The Mine Safety and Health Administration (MSHA) aims to enforce compliance with mandatory safety standards as a means to terminate all fatal accidents and to reduce the amount—as well as severity—of nonfatal accidents in the nation’s mines. Moreover, The Mine Safety and Health Administration (MSHA) wants to minimize all associated health hazards and promote safety protocol in these dangerous areas. 

The Mine Safety and Health Administration (MSHA) carries out the provisions and mandates of the Mine Act at all mineral processing and mining operations in the United States. These entities are required to follow said regulations regardless of their number of employees, size or method of extraction. The Mine Safety and Health Administration (MSHA) is currently run by Joe Main (Mr. Main is the acting Assistance Secretary of Labor for Mine Safety and Health). The entity was formed in 1977 and operates with approximately 1,000 employees. 

Brief History of the Mine Safety and Health Administration (MSHA):

In the late 19th century, the United States Congress passed the first federal statute for the means of governing mine safety. This law was a relatively modest piece of legislation that applied only to mines in the United States—the legislation established minimum ventilation requirements at all underground coal mines in the country and banned operations from employing children under the age of 12. 

Two decades later, in 1910, The United States Congress established the Bureau of Mines. This new agency, which served in the Department of the Interior, was charged with the responsibility to conduct research and reduce coal mining accidents. This agency; however, was not given inspection authority until 1941. 

A decade later, in 1952, The Federal Coal Mine Safety Act provided for annual inspections in certain underground mines and awarded the Bureau limited enforcement powers, including the authority to issue imminent danger withdrawal orders and violation notices. 

The Coal Mine Safety and Health Act of 1969 (typically referred to as the Coal Act) was the most comprehensive and stringent piece of federal legislation; passed for governing the mining industry, the act, governed over surface and underground coal mines. This piece of legislation required a bi-annual inspection of every surface coal mine in the United States and four annual inspections at every underground coal mine in the nation. Moreover, the Coal Act substantially increased federal enforcement powers in the coal industry. This piece of legislation also required monetary penalties for all practices that go against the rules latent in the Coal Act—criminal penalties are applied for willful violations. The Coal Act also instituted safety and health standards for all surface and underground mines in the nation. The legislation included specific procedure for the creation of mandatory health and safety standards and provided funds for miners who sustained injuries or contracted a medical condition as a result of negligence or willful violation of these rules. 

In 1973, through administrative action, the Secretary of the Interior, created The Mine Safety and Health Administration (MSHA) as a distinct government agency, separate from the Bureau of Mines. The Mine Safety and Health Administration (MSHA) took over the safety and health enforcement functions that were formerly implemented by the Bureau. More recently, in 1977, the United States Congress passed the Federal Mine Safety and Health Act, which is the piece of legislation that governs The Mine Safety and Health Administration’s (MSHA) activities. This piece of legislation amended the Coal Act in various ways and consolidated all federal safety and health regulations of the industry as a whole. The act also expanded the rights of the individual miner and enhanced the protection of these employees from retaliation for exercising said rights. 

Modern Regulations Governed By The Mine Safety and Health Administration (MSHA):

The mining industry is regulated by The Mine Safety and Health Administration (MSHA) in the United States. This agency employs roughly 1 safety inspector for every four coal mines in the nation. Underground mines are stringently inspected at least four times per year by these employees. Moreover, individual miners are free to report violations and request additional help or inspections in questionable mines. Individual miners who are concerned about their work safety may not be penalized with any threat that revolves around termination or a loss of employment. 

Those accidents or injuries that are deemed immediately reportable by The Mine Safety and Health Administration (MSHA) are:

1. A death that takes place at a mine

2. An injury to an individual at a mine which has a grave potential to precipitate or outright cause a death

3. Entrapment of a person for more than one half hour

4. An unplanned inundation of a mining area by a gas or liquid

5. An unplanned explosion or ignition of dust or gas

6. An unplanned ignition or explosion of an explosive or blasting agent

7. Unplanned fires that are not extinguished within 30 minutes of discovery

8. Unplanned collapses or roof falls at or above anchorage zones in active mines; an unplanned rib fall or roof in an active mine that impedes passage or impairs ventilation

9. A rock or coal outburst that causes a withdrawal of miners or which affects regular mining activities for more than one hour

10. The presence of unstable conditions at vulm banks, impoduments or refuse piles that require emergency action to prevent failure

11. Any damage placed on hoisting equipment in a slope or shaft which endangers individuals or which impedes with the use of equipment for more than one half hour

12. Any event at a mine which causes a bodily injury or death to a person not located at the mine at the time the event takes place. 

The Mine Safety and Health Administration (MSHA) authorizes the Centers for Disease Control and Prevention, the National Institute for Occupational Safety and Health to develop suggestions for mine health standards for the agency. The Mine Safety and Health Administration (MSHA) may also administer medical tests or medical surveillance programs for individual miners. This authority enables The Mine Safety and Health Administration (MSHA) to take chest x-rays of injured workers for the detection of black lung disease. Moreover, The Mine Safety and Health Administration (MSHA) may also conduct on-site investigations and certify personal protective equipment on mining sites. 

What is the Asbestos Disease Awareness Organization?

Headquartered in Redondo Beach, California, The Asbestos Disease Awareness Organization is an independent entity dedicated to prevented asbestos-related cancers through the delivery of educational resources and impacting legislation. Founded by Doug Larkin and Linda Reinstein in April of 2004, the Asbestos Disease Awareness Organization is regarded as the only asbestos victims’ organization currently functioning in the United States. The Asbestos Disease Awareness Organization works to implement stringent regulations for all asbestos containing materials in the nation, including children toys, manufacturing products and construction materials. 

The Asbestos Disease Awareness Organization seeks to provide global asbestos victims and concerned residents/citizens a shared voice to raise public awareness with regards to the dangers of asbestos exposure. The Asbestos Disease Awareness Organization mission includes bolstering global advocacy and advancing asbestos prevention, awareness, treatment, early detection and resources for all asbestos-related cancers, medical conditions and diseases (such as malignant mesothelioma cancer). 

The Asbestos Disease Awareness Organization: Goals

The Asbestos Disease Awareness Organization’s Goals include the following: 

• The Asbestos Disease Awareness Organization aims to educate the general public and medical community with regards to all asbestos related conditions

• The Asbestos Disease Awareness Organization wants to unite all asbestos victims; the organization wants to create a community for all asbestos-disease sufferers. This community creates a foundation of support for all victims of asbestos-related medical conditions.

• The Asbestos Disease Awareness Organization bolsters support research to secure early detection of asbestos-related conditions. Research is the key to prevention and cure; early detection is necessary to promote prevention and convalescence efforts. 

• An ambitious goal of The Asbestos Disease Awareness Organization wishes to ban the use of asbestos in the United States. 

The Asbestos Disease Awareness Organization has stated, several times, that it will not be influenced by outside entities or sources (such as drug companies) or law firms that are involved with the manufacturing or use of asbestos.  

What is The National Institute for Occupational Safety and Health (NIOSH)?

The National Institute for Occupational Safety and Health (NIOSH) is a federal agency of the United States Government responsible for making recommendations and conducting research for the prevention of work-related illnesses and injuries. The National Institute for Occupational Safety and Health (NIOSH) is a fundamental part of the Centers for Disease Control and Prevention—a sub agency of the United States’ Department of Health and Human Services. 

Headquartered in Washington, D.C., The National Institute for Occupational Safety and Health (NIOSH) is a professionally diverse organization that staffs over 1,5000 people, all of whom represent a wide range of disciplines, including medicine, safety, psychology, industrial hygiene, engineering, statistics and chemistry. 

Formally signed by President Richard M. Nixon on December 29th of 1970, The Occupational Safety and Health Act was the piece of legislation responsible for creating both the Occupational Safety and Health Administration and the The National Institute for Occupational Safety and Health (NIOSH).

The National Institute for Occupational Safety and Health (NIOSH) was created to help ensure healthful and safe working conditions by providing educational resources, information, research and training to the field of occupational safety and health. The National Institute for Occupational Safety and Health (NIOSH) provides national leadership to impede instances of work-related injuries, disabilities, illness and deaths. The agency attempts to curb these unfortunate instances by conducting scientific research, gathering information and translating the knowledge gathered into services and products. 

The National Institute for Occupational Safety and Health (NIOSH): Strategic Goals

The National Institute for Occupational Safety and Health (NIOSH) implements a strategic plan for allocating resources and meeting institutional goals. In general, the agency has three goals:

• The National Institute for Occupational Safety and Health (NIOSH) wants to conduct research for the reduction of work-related injuries and illnesses

• The National Institute for Occupational Safety and Health (NIOSH) aims to promote healthy and safe workplaces through recommendations, capacity building and interventions

• The National Institute for Occupational Safety and Health (NIOSH) aims to enhance global workplace safety and health by collaborating with international government bodies

The National Institute for Occupational Safety and Health’s (NIOSH) goals are supported by the agency’s portfolio. This publication subcategorizes the agency’s initiatives into 8 groups, each of which represent industrial sectors. The program then further subdivides these efforts into 24 cross sections. 

Dissimilar to its brother organization (the Occupational Safety and Health Administration), The National Institute for Occupational Safety and Health (NIOSH) is not a regulatory body. The National Institute for Occupational Safety and Health (NIOSH) does not issue safety and health standards that are enforced under U.S. law. Rather, the agency’s authority derived from the Occupational Safety and Health Act is to develop suggestions for health and safety standards, to develop information concerning the safe levels of exposure to toxic materials, and to conduct research on health problems and new safety practices. The agency may also conduct on-site probes to determine the toxicity levels of materials applied in workplaces.