Arlene
Site Admin
Joined: 02 Feb 2003
Posts: 52
PostPosted: Tue Jun 28, 2005 3:48 pm Post subject: We have been saying this all along...
www.oah.state.mn.us/aljBa...70.FDG.htm<
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Arlene
Site Admin
Joined: 02 Feb 2003
Posts: 52
PostPosted: Tue Jun 28, 2005 3:51 pm Post subject: Salad anyone?????
1-1901-11970-2<
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>STATE OF MINNESOTA<
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>OFFICE OF ADMINISTRATIVE HEARINGS<
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>FOR THE MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY<
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>Gretchen B. Maglich, Commissioner,<
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>Department of Labor and Industry,<
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>State of Minnesota,<
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> Complainant,<
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>v.<
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>Miller-Dwan Medical Center,<
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> Respondent.<
> FINDINGS OF FACT,<
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>CONCLUSIONS OF LAW,<
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>AND PARTIAL ORDER<
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> The above-entitled matter came on for hearing before Administrative Law Judge George A. Beck beginning at 9:00 A.M. on April 27, 1999 in Room 139 of the U.S. District Court Building in the City of Duluth, Minnesota. The hearing continued on the two following days and ended on April 29, 1999. The record closed on July 15, 1999, the date of receipt by the Administrative Law Judge of the final Post-Hearing Memorandum.<
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>Nancy J. Leppink, Assistant Attorney General, Suite 200, 525 Park Street, St. Paul, Minnesota 55103-2106 appeared on behalf of the Complainant. Thomas F. Andrew, Esq. of the firm of Brown, Andrew, Signorelli and Zallar, 300 Alworth Building, 306 West Superior Street, Duluth, MN 55802-1803 appeared on behalf of the Respondent. <
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>NOTICE<
>This partial order is not the final agency decision in this case under Minn. Stat. ? 182.669 for purposes of judicial review. The agency decision will be final upon issuance of an order regarding attorney fees and costs. Any person aggrieved by the final decision may seek judicial review under Minn. Stat. ? ? 14.63 through 14.69.<
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>STATEMENT OF ISSUE<
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>The issue in this contested case proceeding is whether or not the employee, Deborah Scott, had a reasonable belief that she had been assigned to work in an unsafe or unhealthful manner with a hazardous substance[1], and if so, whether she was discharged or discriminated against by the Respondent when exercising her statutory rights,[2] and if so, what damages or other relief should be awarded.[3]<
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>Based upon all of the proceedings herein, the Administrative Law Judge makes the following:<
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> FINDINGS OF FACT<
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>1. Miller-Dwan Medical Center is a non-profit specialty hospital located in Duluth, Minnesota. Its seven specialties are: rehabilitation, mental health, chemical dependency, radiation therapy, surgery, a burn center, and dialysis. Miller-Dwan has operated a dialysis unit in Duluth since 1970 and presently has satellite units in Eveleth, Grand Rapids and Superior and Ashland in Wisconsin.[4]<
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>2. Dialysis is a process used to replace kidney function in patients who have kidney failure. During the process blood is drawn from the patient through a needle in the arm or a catheter in the shoulder area and is forced through a dialyzer or artificial kidney which is connected to a dialysis machine. The blood passes through very small hollow fibers in the dializer which removes the impurities and end products of metabolism. Patients usually visit Miller-Dwan?s in-patient dialysis unit three times a week for anywhere from three to six and one-half hours.[5]<
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>3. The dializer or artificial kidney is re-useable. Following a patient?s treatment it is removed from the dialysis machine and taken to the ?reuse? room at the hospital where it is tested and cleaned, filled with the sterilent Renalin and then stored for a minimum of 11 hours to insure that all organisms have been destroyed.[6]<
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>4. The reuse room is staffed by the dialysis reuse technician who is responsible for operation of the dializer reuse equipment. The reuse technician is also involved in the preparation, cleanup and maintenance of the dialysis machine in the patient treatment area. These duties involve exposure to Renalin.[7]<
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>5. Another position, the dialysis assistant, is also responsible for the preparation, cleanup and maintenance of the dialysis machine in the patient treatment area and the emptying of buckets and cleaning of various equipment.[8] These duties involve exposure to Renalin.<
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>6. The Duluth dialysis unit has approximately 10 to 13 employees on each work shift. Each work shift includes nurses, patient care technicians, a unit secretary, a dialysis technician and a dialysis assistant.[9] Each work shift is eight hours long and employees work either a morning or an afternoon work shift.<
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>7. Deborah Scott was hired by Miller-Dwan to work at its Duluth dialysis unit in 1989. She was initially hired as both a reuse technician and as a dialysis assistant. Ms. Scott graduated from high school in 1978, attended college for three years and in 1982 completed the medical laboratory technician program at the Duluth Technical Institute.[1 She obtained her Bachelor of Arts degree from the University of Minnesota at Duluth in 1995.<
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>8. Ms. Scott worked as a medical lab technician for the Women?s Health Center, Planned Parenthood, and a veterinary clinic before being hired by Miller Dwan in 1989.<
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>9. Ms. Scott was provided on the job training when she was hired. Approximately two years after she was hired Ms. Scott began working primarily as a reuse technician, although occasionally she was scheduled to work as a dialysis assistant.[11]<
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>10. Miller-Dwan first began using the cold sterilent Renalin in its Duluth dialysis unit in July of 1992. It is used to sterilize the dializers or artificial kidneys and the dialysis machines.[12] Prior to July of 1992 the Respondent used formaldehyde. The change was made for reasons of staff safety and comfort.[13] <
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>11. Renalin is manufactured by the Minntech Corporation for use as a cold sterilent for dializer reprocessing. Its manufacturer states that it destroys microorganisms, viruses, bacterial spores and fungi.[14] Its active ingredients are hydrogen peroxide (20 to 24%) and peroxyacetic acid (4%).[15] It is diluted with water before use. The Renalin label states the following warning: <
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>DANGER ? Corrosive: Can cause eye damage and skin irritation. Do not get in eyes, or on skin or clothing. Wear safety glasses or gloves when handling. Harmful if swallowed. Wash thoroughly after handling.[16]<
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>12. The material safety data sheet (MSDS) for Renalin indicates that it can cause burns, as evidenced by a temporary whitening of the skin and that it can cause irritation to eyes, skin and mucus mem
anes. Under ?control measures? the MSDS indicates as follows:<
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>Respiratory protection: Use local exhaust. If air contamination is above permitted levels, use suitable respiratory protection.<
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>Protective covering: Eyes-Glasses, goggles or face shield should be worn. Skin-Rubber or plastic gloves should be worn when handling concentrate. Protective apron should be worn when splashes or spills are likely. Rubber boots should be worn for spills.[17]<
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>13. The MSDS also indicated that the permissible exposure limit for hydrogen peroxide is one part per million and the permissible exposure limit for ascetic acid is 10 parts per million.<
