By Mike Miller Santa Monica the city of Santa Monica for my wastewater permit. Part of that fee is for monitoring. No inspector from the city had been in my shop for over 14 months prior to “the incident.” On March 26, 2003 a “serious” injury was sustained by a worker in the sewer near my shop. According to OSHA rules and regulations, if there is a serious job site injury the first call goes to emergency aid, the second call goes to OSHA. On that day no one from the city of Santa Monica, Los Angeles Hazmat, or the company doing the work called it in. Had OSHA been called they would have found that the company in question knowingly sent people into a hazardous environment (a live section of sewer) with no protective clothing, no breathing apparatus, no air flow system, no emergency plan, no safety plan, no emergency evacuation plan and the worker that was injured was new and put in the lead, most dangerous position. These are all direct violations of OSHA law. City Hall was the contractor on the job so it was also responsible for insuring a safe working condition. Possibly by inspection of all permit holders. Had OSHA been called, the fines would have been huge. My part was unintentional, while their involvement was intentional.
In John’s article he says that Mr. Antich from the city said that the next time they hire someone they will check them out first. A little late, don’t you think? I was never arrested, or charged with causing any injury. The Federal prosecutor dropped all the injury allegations but still tried to bring it up during sentencing anyway. The judge said he would not hear it and that it did not affect his decision. I wonder. I say again, my discharge was rinse water and the sample readings taken from the worker’s clothing and in the sewer itself were too low to cause those injuries. (I’ve worked with the remover for over 22 years). Other chemicals were found in the sewer capable of causing those injuries that did not come from my shop. The inspectors spent the entire day searching me. Where did the “acetone” come from? Bill Carter, the Federal prosecutor, admitted knowledge of the OSHA violations, but said that had nothing to do with my prosecution. This is a Federal agent admitting knowledge of “intentional” criminal activity and he did nothing about it. I was the “target” so I am the only one in trouble. The finger was pointed at me and everybody ran. I was given the opportunity to address the court. I tried to explain the importance of Stripper Herk as a protector of the environment. Every item we strip is being recycled. If I strip a dozen interior doors from your house, how many trees did I save and how much manufacturing pollution is avoided? I do the stripping for many of the refinishers, cabinet makers, painters, and companies in this area who are not permitted or set up to do stripping. We helped to restore the carousel on the pier. We strip the ladders for the Santa Monica Fire Department, not to mention the thousands of private orders through the year. I have the manifests to prove that the waste from my shop has always been properly disposed of. I am a large quantity facility and cannot be replaced due to South Coast Air Quality Management District permit
Originally published in the Santa Monica Daily Press print edition on December 29, 2004. Read the original PDF.