Power Plant Allegedly Allows Improper Handling Of Hazardous Chemicals

ByJohn Lomicky

Updated on

Case Overview

This is a toxic tort matter involving a series of cases of exposure to various chemicals at a power plant in Washington State. Several workers who had been with the plant for more than five years developed bronchiolitis obliterans and two subsequently passed away from related complications. It was alleged that the plant was underregulated and allowed for toxic chemicals to be handled in unsafe manners causing significant medical complications.

Questions to the Engineering expert and their responses

Q1

What is your familiarity with the chemical industry?

Having held several director-level positions at chemical plants over the course of 38 years, I am extremely familiar with the chemical industry as it relates to process engineering, procurement, construction, and operations management. Because of this, I understand the dangers of chemicals and their safety requirements from a procedural and documentation perspective.

Q2

Under what circumstances would it be appropriate for a company to sell chemicals they know can cause bronchiolitis obliterans without providing warnings, if ever?

There are no circumstances that should allow companies to sell or expose workers to harmful toxic chemicals without the necessary and mandated practices by the appropriate regulatory authorities.

Q3

What regulations exist to stop companies from selling chemicals they know cause significant medical complications?

The EPA has jurisdiction over chemical management through the Toxic Substances Control Act and the Safe Chemicals Act. At a minimum, all chemicals must have an MSDS available for review by anyone who may come in contact with the chemical. The MSDS features the state of the chemical's physical properties, any known dangers, and ways to mitigate exposure. At a minimum, anyone who is exposed to handling these chemicals must be warned clearly and unambiguously of their dangers and antidotes.

About the expert

This expert has several decades of experience working in the oil, chemical, and engineering field. He earned his BS in Chemical Engineering from Queen's University of Belfast and went on to complete his MBA at the University of Phoenix. He has held several management positions throughout his career as a Project Director in the utility refining, chemical, petrochemical, and oil sector. Previously, he served as the Operations Director at Weir Westgarth, the Plant Engineering Manager at Akzo Chemical, and as the Project Director at CBI Corporation. Currently, he is the Vice President of an oil and gas corporation in California.

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About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. His extensive professional experience includes significant contributions in legal business development and research.

At Expert Institute, John held several key roles over five years, including Director of Business Development, where he oversaw an inside sales team, generating six-figure monthly revenue and fostering relationships with a diverse range of legal practices, including top-tier firms and solo practitioners. As Associate Director of Research, he led the company's first physical expansion, establishing a successful operation in California and managing a team of over 20 research and sales professionals. In his role as Associate in Research, he provided tailored consulting services to attorney clients across North America, connecting them with the right experts for cases in various fields, including personal injury and intellectual property,

John's expertise spans managing sales teams and driving company expansion, developing consultative services tailored to legal practices, and cultivating strong relationships within the legal community.

He is currently pursuing a JD/LLM in Tax at the University of Florida - Fredric G. Levin College of Law, where he is involved with the Florida Tax Moot Court Team and the Low-Income Taxpayer Clinic.

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