South Carolina Crime & Trauma Scene Cleanup

Bio-Recovery: The R&R Interview

2010-07-28T15:56:00.001-04:00

by Jeffrey Stouffer editor
July 19, 2010

A continually evolving and expanding segment of the remediation industry, bio-recovery – better known as “crime scene cleanup” or “trauma cleaning” – has made great strides since it first came into being as an organized segment of the business almost two decades ago. Recently, R&R spoke with Kent Berg, director of the National Institute of Decontamination Specialists and founder of the American Bio-Recovery Association, to get his take on where the industry stands today and where it’s headed in the future.

Restoration & Remediation: Briefly, what falls under the scope of work when people talk about “bio-recovery”?

Kent Berg: Bio-recovery is actually a term that was derived from the words BioHazard Cleanup and Scene Recovery. We chose that term because our industry’s scope of work is actually much broader than cleaning crime scenes. We are often thought of as the guys that will clean up anything that is nasty, repulsive, or gross, so people naturally call us to clean up human feces, animal feces, dead animals – usually rotten ones – and gross filth, as in rotting food, poor hygiene, and piles and piles of garbage. Then there’s the decomposed human body scenes, meth labs, the occasional disease outbreak, and anything else that would cause a normal person to stay a hundred feet away to keep from puking.

R&R: You’ve been part of the bio-recovery profession pretty much since before it became a profession. Since that time, what are some of the biggest changes you’ve seen, both positive and negative?

KB: When I first started, very few people in this business knew anything about cleaning and disinfecting. They just wanted to make the visible contamination go away. No one in the insurance industry had ever heard of a crime scene cleanup company, and many adjusters argued that our services were not covered. Today, the biggest changes have been in our profile. What I mean by that is the public, who had never heard of our services, now see us in TV shows, documentaries, movies, magazines, and newspaper articles. We have recognition now, and families are more aware that these services exist.

Another change has been in the performance of the cleanup itself. We as an industry are much more aware of the antimicrobials we are using, the techniques and knowledge related to home construction, vehicle dismantling, and being able to actually render a property safe on a microscopic level.

R&R: From a purely objective point of view, bio-recovery would seem to be about as “recession-proof” as any remediation specialty out there. There will always be accidents, suicides and other traumas that require a professional remediator. What are some of the pros and cons that come along with that?

KB: We know that our services will always be needed, but with a higher profile, we are seeing more and more companies starting up, and more and more fire/water restoration companies adding this service to their menus. Although the demand for our services is increasing, the individual companies’ call volumes aren’t growing as fast because there is more competition for that finite number of incidents.

The pros are that the public will have resources to respond if they need them, and that companies will have to step up their game in service quality and marketing. The cons are that the majority of these new companies are not attending training, not getting any type of certification beyond a half-day OSHA bloodborne pathogen course. It’s these companies that are dragging the good companies down when the public hears about a company throwing a bloody mattress in a dumpster, etc.

R&R: Since hindsight is 20/20, if there was one thing you would go back and change, as far as how you operated your business, what is it, and what would you do differently?

KB: I would have marketed harder. I assumed that people would need my service and seek me out. That was true for a while, but when competitors popped up with their marketing programs, the public chose who was freshest in their minds. It’s a hard lesson to learn, but one I will never forget.

R&R: Technologically speaking, what areas have seen the greatest advances? Chemicals? PPE? Containment?

KB: One of the advancements has been our recognition as a legitimate industry. Today, vendors of specialty restoration products are targeting our industry. Kimberly-Clark markets their suits with the “Recommended by the American Bio-Recovery Association” seal on them. Other products used in our industry have similar tie-ins with our trade association or at the very least mention in their advertising that their product is great for cleaning crime and trauma scenes. Even the insurance industry no longer recognizes us under their “janitorial service” heading, opting now for a “crime scene cleanup” designation for insurance coverage.

We are also seeing new technology in the form of new disinfectants, odor-remediation technology, and devices to actually measure how clean a surface really is. The National Organization for Victim Assistance is putting on a training program this fall for teaching all interested bio-recovery technicians how to better interact with victims and their families. Meanwhile, the National Institute of Occupational Safety and Health has sought out input so they may better understand our industry.

However, I believe the most important advancement for the industry has been the formation of training centers. Legitimate training programs help make sure that any technician who wants to be the best at their profession can attend a school that specializes in that field. By establishing a standard training and certification program, students graduate far ahead of their competitors and benefit from years of experience from seasoned industry professionals, scientists, chemists, and pathologists that helped to design the curriculum.

Jeffrey Stouffer editor
stoufferj@bnpmedia.com

Jeffrey Stouffer is editor of Restoration & Remediation magazine

New Rock Hill company cleans crime scenes, removes biohazards

2010-05-05T11:28:00.003-04:00

It's a dirty job - even gruesome - but they'll do it
By Jason Foster - jfoster@heraldonline.com

Blood, vomit and all manner of bacteria and disease keep Dale Sullivan and Gerry Moore in business.

Crime scene clean-up. A dead body left unattended for weeks. A house in squalor and crawling with disease. These are the assignments of BioClean Remediation Service, a new Rock Hill company that specializes in the cleaning and removal of biohazards in the Charlotte region.

A dirty job, yes. But it's also one Sullivan and Moore hope to use to educate the public about just how unclean normal homes, schools and offices are, and about how people's routine cleaning practices probably aren't doing much good.

"If their eyes can't see it, they think it's clean. But, biologically, it's not clean," said Sullivan, 49, who started the company in March after becoming certified by the National Institute of Decontamination Specialists. "You didn't kill the pathogen, you just killed what your eyes can see."

BioClean is the only company of its kind in York County. Sullivan got the idea after seeing frequent news reports of E.coli, H1N1 and other outbreaks. He researched the field and found there was a market locally for biohazard specialists. He went through the required training and made contacts with area police departments, coroners and other agencies that work cases where such hazards might come into play.

Equipped with a nondescript pick-up truck and trailer - which carries equipment and supplies and doubles as a mobile office - Sullivan, Moore and other workers are available 24 hours a day to show up and quietly go about the dirty work.

Despite the potential for spectacle, BioClean must be as low-key as possible.

"They call it a clandestine service," Sullivan said. "Homeowners don't want advertising at their home. They don't want the neighbors to know. We try to be mindful of that."

The company follows OSHA requirements for handling biohazards and also is permitted by the state Department of Health and Environmental Control to handle and dispose of infectious waste.

The waste that's collected is sent to a company near Greenville and incinerated.

So far, the company has dealt mostly with crime and suicide scenes, cleaning up blood and other things most people hope they never see.

"We have to leave something as if it never happened, because we can't leave mental or physical trauma for the homeowner," Sullivan said.

Though the workers try to be compassionate to the circumstances, they can't get too drawn in to the human emotions caused by the situation.

"You can't let your mind start wandering ... 'This poor guy,'" said Moore, 62, the company's general manager. "You've got to focus on what your job is. You've got to do things right."

That's because there are usually health concerns to deal with. Germs and bacteria that form on a dead body, dead animal or from unkempt conditions can quickly colonize and lead to big trouble. Some pathogens, if given enough time, can eat through wood and other materials and require remodeling on a home, Sullivan said.

Thus, there's a method to cleaning these hazards.

Heavy-duty chemicals, ones only available to hospitals and other permitted companies, are needed to kill some pathogens, such as HIV. Other times, special equipment is needed - such as a steamer that heats vapors to 280 degrees to kill every bit of bacteria in a building.

In other words, despite popular thought, a dab of Clorox won't cut it.

"It ain't just spray and wipe," Sullivan said.

That idea goes beyond the hardcore clean-ups. The germs and other harmful bacteria - including E.coli, staphylococcus, and others - on desks, computers and other objects can pose a serious health threat if not dealt with properly, Sullivan and Moore say.

"That's the side of the business we really want to grow and expand," Moore said.

Most cleaning at restaurants, hotels and other public buildings is often done hastily, not giving chemicals the right amount of time to be effective, the men say. The "dwell time" of chemical cleaners is generally found on the back of the bottle and is usually around 10 minutes.

Not giving the chemicals time to work is almost like not having cleaned at all.

"We're just living in this world of germs and bacteria that's all around us," Sullivan said. "We've just got to get people educated."

The company isn't strictly about working on gruesome scenes. BioClean also offers odor abatement, mold remediation, medical waste removal, vehicle contamination clean-up and services for businesses, law enforcement agencies, schools and other groups.

They might contract with a hotel to remove the stench of smoke from a nonsmoking room, or work with a homeowner trying to sell a house to eliminate seemingly permanent smells caused by years of owning pets. They can even give clients a choice of new smells, which will last for around six months.

"If it needs to be cleaned," Sullivan said, "we can clean it."

The company's slogan: "It's not clean until it's BioCleaned."

An insight into crime scenes clean up services

2010-03-16T11:13:00.000-04:00

Crime scene cleanup companies also clean unattended deaths, damaged environments due to tear gas, and other crime and distress scenes. The larger crime scenes that involve mass murder scenes, terrorist attacks and anthrax and other biochemical damage is also taken care by these companies. Crime Scene Cleanup services may also include bird and rodent infested areas. The cleaners in this case require special experience and equipment than a typical cleaning company’s experience and equipment.

Typically, crime scene cleanups start taking place only after the coroner’s office and other government bodies releases the “scene” back to the owner or some other responsible person concerned with it. The cleaning task can not begin till the police investigation is completely finished on the contaminated scene.

In most cases crime scene cleanup is a small business activity. Mostly, small cleaning services like carpet cleaning or water damage companies add services for Crime Scene Cleanup for diversifying their activities. The prominent and recognized organizations in this field of cleaning consist of the Institute of Inspection, Cleaning, and Restoration Certification (IICRC) and the American Bio-recovery Association (ABRA).

Earlier crime scene cleanup was a loathsome job but today it has become a lucrative business. Crime scene cleanup companies can charge anywhere between $100 to $600 per hour depending on the “level of trauma” and the quantity of hazardous material that the cleaners have to deal with and dispose of.

While a crime clean up service is ultimately a business like any other, advertising and marketing your services can be tricky. In a job that involves tragic death; most companies avoid mainstream methods of advertisement. Some choose the standard phone-book route while many others advertise on the side of their vans. Most of these companies largely depend on discreet options like passing out their business cards at service-industry gatherings, police stations and funeral homes.

An important requirement for success in this industry involves being considerate towards the sensitive nature of the work. There are certain crime scene clean-up companies that provide a grief counselor to the families at no cost while others offer discount to needy people. There are many countries where this type of service is funded by government or by religious organizations.

While some people call this emerging field a social trend of commercializing death, others call it plain capitalism. But for many others it still remains an essential service, a godsend. The fact is that whether you like it or loathe it but if you ever end up with blood and brains splashed all over your bedroom walls, you will definitely be relieved that there is someone you can call to clean it up.

Trauma Cleaning: Without Standards, The Pain Can Keep Coming

2010-03-12T17:34:00.000-05:00

by Kent Berg
National Institute Decontamination Specialist

As an instructor in crime and trauma-scene recovery and a board member of the American Bio-Recovery Association, I am often approached by attorneys, the public and insurance adjusters to evaluate the service they or their clients received from other crime-scene cleanup companies.

For the most part, these are just routine questions from people who want to make sure that the service they received was within the normal parameters of good practice. But a few times each month I receive calls that just cause my stomach to knot up and my blood to boil.

With the bio-recovery industry in its 14th year, it is mind-boggling to find individuals who still decide that they are going to start-up a new company and declare themselves “experts” in crime and trauma scene cleanup without any research or training.

It is even more outrageous to find that, although they know almost nothing about the science, chemistry, biology or laws of our industry, they are charging fees that are often four or five times the industry average.

The majority of those operating in the industry today are honest, ethical professionals. It’s the few bad apples in the bio-recovery barrel, so to speak, that amplify the problems tainting our industry.

Example 1: The Hit-and-Run Guys
A husband argues with his wife in their kitchen. As she prepares supper, he grabs a shotgun and, standing in the doorway between the kitchen and dining room, blows his head off.

It is still daylight when the police arrive. In order to see better, they open the brain-splattered dining room drapes. Splatter is on the dining room and kitchen walls, but since the body fell onto the vinyl tile floor of the kitchen, the largest amount of blood pooled there.

The family asks the police about scene cleanup, and is directed to a local company. The company tells the family that payment will have to be made in cash prior to starting the job, and that the family will not be allowed inside of the house while the cleaning process takes place.

The family agrees and stays with relatives until they get the call that the job is complete and they can return. The company is long gone, and upon cursory inspection, the rooms look contaminant-free.

It is now night and, in an effort to keep neighbors from seeing into the dining room, the wife pulls the drapes closed. To the horror of the family, the drapes had apparently never been checked and still have blood and brain matter clinging to the material.

The kitchen floor appears to be clean but, when the wife walks across the floor, bright red blood spurts up between the tiles, making little puddles and polka-dotting her shoes.

If this isn’t enough to re-traumatize the family, the wife goes to remove the now-cold pot of chili from the stove and promptly throws up when she sees a 3-inch piece of her husband’s skull nestled neatly atop the pot.

The family contacted the attorney general for their state, who then called me to review the family’s statements prior to a decision on prosecution.

Example 2: The Little-Extra-on-the-Side Guys
A man who lived alone died in his bed of natural causes, but wasn’t found for several weeks. When the authorities were finally called, the decomposition could be smelled from the street.

When a crime-scene-cleanup company was called in, the man’s relatives were told that the odor had permeated everything in the house with disease. Their recommendation was that everything in the house should be removed and destroyed.

The family, already nauseated from the smell, relied on the “professional opinion” of the technicians and agreed to let them remove everything from the good silver and china to the appliances.

In short, every piece of furniture, appliance, electronic component and fixture was removed because they were declared “not salvageable.”

The relatives were then presented with a bill for approximately $40,000! If this wasn’t obscene enough, a few weeks later the family found many of the home’s contents that were supposedly “not salvageable” being sold at a local flea market.

Example 3: The Cutting-Down-on-Overhead Guys
It is standard practice for crime and trauma-scene cleanup companies to dispose of human-blood-contaminated items that can’t be salvaged. They do this by red-bagging and boxing these items and sending them to a medical waste processing facility. This includes dismantling recliners, mattresses, and other large items to fit in these containers.

In this case, a company responded to a gunshot suicide in an apartment. The victim had sat in his favorite recliner and put a pistol in his mouth. The subsequent wound bled profusely until there was no more blood for the heart to pump. This resulted in the complete saturation of the recliner.

In an apparent effort to save on labor and disposal fees, the crew decided that they would dispose of the recliner by wrapping it in plastic, putting it in the back of their truck and then dumping it in the woods of a neighboring county.

All seemed to go well until a few days later, when hunters found the chair and called police. Thinking that they had stumbled upon evidence of a homicide, the police launched a full-scale investigation that lasted for weeks and logged many detective hours before they were actually able to review the crime scene photos of every police department in the surrounding counties.

When the mystery was finally attributed to this particular crime-scene-cleanup company, not only were they slapped with fines for littering, they were saddled with reimbursing the cost of the investigation. Every law enforcement agency that heard about this dropped the company like a hot potato, and the subsequent media attention tarnished the reputation of crime-scene-cleanup companies everywhere.

I would like to emphasize the fact that these complaints are not clients disappointed with a poorly painted wall or an out-of-true vanity top. These are abuses by unscrupulous companies that are subjecting their clients to financial greed, improper disinfection, and re-traumatizing that no one should have to endure.

Could training and certification eliminate these types of abuse? Perhaps a good portion of them, but in the end, it is the honesty and character of the companies themselves that should be monitored. I believe the way to do that is to pursue standards, as well as meeting with our state legislators to create specific regulations for our industry.

2009-08-07T12:18:00.001-04:00

Fatal Crash Leaves Behind Disturbing Scene

2009-05-18T20:10:00.001-04:00

John Ludwig Charged In Crash That Killed Bill Barsley Here

GREENVILLE, S.C. -- The case of Bill Bardsley's death as he was hit by a Maserati as it sliced through his living room three weeks ago has been a topic of discussion across the Upstate for several weeks.

But for the people who were Bardsley's neighbors, the story is much more personal and much more present.

The home where Bardsley and his wife lived in Churchill Falls still has not been repaired and debris from the April 25 crash is still strewn across the lawn of the two-story home on War Admiral Way.

John G. Ludwig Jr. is charged with murder in the deadly crash. Ludwig was estimated to be driving more than 85 mph when he left Roe Ford Road, drove across a field and then flew into the back of the Bardsley's home and smashed out the front.

Residents of the Greenville County neighborhood said that they are ready to stop re-living the crash everytime they walk out of their homes.

"We have people coming in here looking all the time and we just want it over with," neighbor Leo Mataranglo told WYFF News 4.

Last week, neighbors gathered at a meeting to determine what they need to do to get permission to go behind the yellow crime-scene tape and begin to clean up.

"Everyday we come out and as soon as you look at that, the first thing you think of is the guy that got killed," neighbor Tony Franco said.

Nearly half of the front of the home is boarded up and no one is living there.

Bardley's wife has moved in with other family members and only comes by occasionally to pick up mail.

"One of the things the homeowners asked, was ''can they start cleaning it up'?" Mataranglo said "Some of the people volunteered to come up and do some of the clean up.

In addition to the constant reminder of the debris, there are the memories of the night of the crash.

"My wife was in the bedroom which is only like 10 or 15 feet from where the car went into (the Bardlsey's) house and it sounded like an airplane exploding," Franco said. "Everytime she hears a noise, she jumps up."

Crime Scene Cleanup: What It Involves

2009-05-13T23:19:00.000-04:00

A crime scene cleanup service is not without its complications. Crime scene cleaning encompasses restoring the crime scene to its original state. When a crime is usually discovered, crime scene cleaners are not called until after officers of the law, like the crime scene investigators, have done their jobs first and have given the go ahead for the cleaners to come in. If you intend to hire a crime scene cleanup company, you must make sure that they are well equipped and fit right to get the job done. A crime scene presents challenging conditions.

The Use Of Protective Gears:
Crime scenes can very well involve the use of hazardous or deadly substances. For safety reasons then, it has become imperative that crime scene cleaners use protective clothing, in addition to protective tools and gadgets. You must see to it that they have all the necessary protective gears and gadgets. The protective clothing can consist of disposable gloves and suits. A disposable gear is preferred nowadays since it offers the best protection against contamination. You use it one time and get rid of it. That way, the dangers of contamination is virtually brought down to zero percent. Protective clothing extends to respirators and the use of heavy-duty industrial or chemical-spill protective boots.

Among the gadgets that a crime scene cleaning company must have are special brushes, special sprayers, and wet vacuum. These special tools ensure added protection against getting into contact with the hazard could very well be present in the crime scene. There is large, special equipment such as a mounted steam injection tool that is designed to sanitize dried up biohazard materials such as scattered flesh and brain. You would also need to check if they have the specialized tank for chemical treatments and industrial strength waste containers to collect biohazard waste.

Of course, any crime scene clean up must have the usual cleaning supplies common to all cleaning service companies. There are the buckets, mops, brushes and spray bottles. For cleaning products, you should check if they use industrial cleaning products. A crime scene cleaning company must have these on their lists:

1 - Disinfectants including hydrogen peroxide and bleaches - The kinds that the hospitals used are commonly acceptable.

2 - Enzyme solvers for cleaning blood stains. It also kills viruses and bacteria.

3 - Odor removers such as foggers, ozone machines, and deodorizers

4 - Handy tools for breaking and extending such as saws, sledgehammers, and ladders

Established crime scene operators also equip themselves with cameras and take pictures of the crime scene before commencing work which. The pictures taken may prove useful for legal matters and insurance purposes. You never know which.

Needless to say, a specially fitted form of transportation and proper waste disposal is also needed. These requirements are specific. As you can imagine, crime scene cleaning is in a different category on its own. A home cleaning or janitorial service company may not be able to cope up with the demands of a crime scene. A crime scene cleanup service requires many special gears and tools that a home cleaning or a janitorial service company does not usually have or does not require. Crime scene cleaning if not done correctly can expose the public to untold hazards.

What Else To Look For In A Crime Scene Cleanup Company
You may also want to hire a company that has established itself. An experienced company with a strong reputation is always a plus but it could be expensive too. You will do well to balance your needs with what is your budget. There are several companies that offer specific prices such as for death scene clean up categories and suicide clean up categories. Most companies own a website and have round the clock customer service as receptionists.

When looking for a suitable crime scene cleaning service, among the first things you need to do is to scout for price quotes. Crime scene cleanup services usually provide quote after they have examined the crime scene and then they give you a definite quote. Factors that are usually considered include the number of personnel that will be needed to get the job done. It also includes the amount of time that might be needed. The nature and amount of the waste materials that need to be disposed will also be factored in. You can be sure that the more sophisticated equipments needed the more expensive it will get.

Crime Scene Cleanup And Your Insurance
For homeowners, the best approach is always to make sure that crime scene cleanup services clauses and provisions are written down on the contracts or policies. The inclusion of crime cleanup services clauses is very common and has become standard clause in most homeowner’s policy. Make sure that you are covered for this unforeseen event. Make sure that your policy directs the crime scene cleaning company to transact directly with the homeowner insurance company. A crime scene cleaning service is usually a standard clause in many homeowners’ insurance clause. These companies often do the paperwork in behalf of clients.

If for some reason you do not have such coverage by any policies relating to crime scene cleanup on your home, there are ways to keep your expenses controlled.

Finding the right company can be very taxing, especially that you have to deal with the emotional stress stemming from the crime itself, especially with a crime scene involving death.

There are many crime scene cleanup companies in operation nowadays. There are reliable professionals that you can hire and prices are relatively competitive. As of recently, crime-scene cleanup services can cost up to $600 for an hour of their service. A homicide case alone involving a single room and a huge amount of blood can cost about $1,000 to $3,000.

In recent years, crime scene cleaning has come to be known as, "Crime and Trauma Scene Decontamination or CTS. Basically, CTS is a special form of crime scene cleaning focusing on decontamination of the crime scene from hazardous substances such as those resulting from violent crimes or those involving chemical contaminations such as methamphetamine labs or anthrax production. This type of service is particularly common when violent crimes are committed in a home. It is rare that the residents move out of the home after it has become a scene of a crime. Most often, the residents just opt to have it cleaned up. That is why, it is very important to hire the best crime scene cleaning company out there. The place needs to be totally free from contamination of any kind. You have to make sure that the company is able to remove all traces of the violent crime that took place. This includes cleaning biohazards that are sometimes invisible to the untrained eye.

Legally speaking, federal laws state that all bodily fluids are deemed biohazards and you should make sure that the cleanup service company you hire understands this and includes it in the cleanup. These things appear as blood or tissue splattered on a crime scene. You must be able to hire a company that is equipped with special knowledge to safely handle biohazard materials. The company must have the knowledge what to search for in any give biohazard crime scene. For instance, the company should be able to tell clues such that if there is a bloodstain the size of a thumbnail on a carpet, you can bet that there is about a huge bloodstain underneath. Federal and State laws have their own laws in terms of transport and disposal of biohazard waste. Make sure that the company you hire has all the permits necessary.

It will also be a huge plus if you could hire people who not only has the special trainings but also who have the nature to be sympathetic. If you are close to the victim and have the cleaning done at the behest of the victim’s relatives, it would matter that the cleaners tread the site with some level of respect. It is a common site that family members and loved ones are often there at scene. In general, when looking for a suitable crime scene cleaners, you would take into considerations the kind of situation that the crimes scene presents and the demands that it require. Crime scene cleaning companies handle a wide variety of crime scenes and prices may vary from one to the other crime scene and one to the other company.

Each type of scene requires its own particular demands not only to make the crime scene look clean and neat on the surface but to make it germ free, and clean inside and to make it free from all deadly and infectious substances. The cleanup cost for biohazards may vary depending on degree of the bio hazard(s) on the scene. There may even be a category that changes the cleanup pricing which usually involves decomposing bodies and carcasses. Likewise, a cleanup of chemical hazards vary, depending on the amount of chemical hazards as well as the grades i.e. how hazardous the substance is in terms of human contact. Prices are also determined by the number of hours and personnel that it would to get the crime scene cleaned. In addition, the "gross factor" from crime scene involving death and gore needs to be taken under consideration regarding the chemicals that will be used as opposed to those crimes' that do not have gore involved.

South Carolina Senate Panel Backs Born Alive Bill for Babies Who Survive Abortion

2009-05-06T21:00:00.001-04:00

Columbia, SC (LifeNews.com) -- A South Carolina state Senate subcommittee on Wednesday approved a bill known as the Born-Alive Infant Protection Act to protect babies who survive abortions. The legislation declares that any child who is born alive, including those who survive abortion, have the same constitutional rights as any other person.

The bill also prevents throwing an unborn child away as so-called medical waste.

Rep. Greg Delleney, a Republican, is the chief sponsor of the bill, H3342, which won approval from the House already.

The state House passed the bill, which mirrors the federal bill former President Bush signed into law in 2002 and that President Obama opposed in the Illinois legislature, on 105 to 5 vote.

Today, a Senate Judiciary subcommittee signed off on the bill but also made one change to it to say nothing in the legislation affected either state or federal abortion laws or generally accepted medical standards.

During the subcommittee hearing, South Carolina Citizens for Life executive director Holly Gatling said the bill is needed and cited a 2003 report showing a baby found at a laundry company wrapped in a blanket.

She told LifeNews.com her group "is pleased that the Senate Subcommittee passed the House version of the bill, although with amendments."

"We are examining the amendments to determine if they are consistent with the intent of the legislation and with the federal legislation signed by President Bush in 2002," she added.

Now the bill heads to the full Judiciary committee for a debate and vote.

Traumatic Grief

2009-05-06T10:47:00.000-04:00

By Nancy Crump

Since the late 1980’s, we have seen an increase in interest and research on the effects of trauma on the grief process. We have learned that the grief process from the sudden, unexpected, and often violent deaths of suicide, homicide, auto accidents, natural disasters, and other types of deaths, is very different from the grief process of those who have died from natural causes, old age, or long-termed illness. Many, if not all, of the deaths faced by Bio Technicians fall into the category of traumatic. Those family members who hire you have usually been touched by the trauma of the death. Understanding the traumatic grief process and its differences from other types of grief may be of some help to you as you deal with these family members.

There are several key elements that make the responses by family members to a traumatic death difficult. First is the suddenness of the death. Family members usually did not have time to prepare themselves for the death and to make the psychological adjustments to cope with the news of the death. Also, the suddenness of the death does not give the family an opportunity to say goodbye to the victim before their death. Second, the violence of the death may leave the family with horrific memories and nightmares that often interfere with the grief process. Third, many of these types of deaths require police intervention and the family is often not given the support, information, and compassion they need at the time. Another element can be the presence of the media at the time of the death, as well as weeks and months later if legal issues follow the death. Most traumatic deaths involve young people who’s parents, grandparents, and siblings may still live. Certainly, the death of a child or young person is very difficult to cope with.

Reactions to a traumatic death can be very different, more intense, and longer lasting than other types of death. The emotions following a traumatic death are often conflicting and intense. There is a tendency to relive the death event over and over in an attempt to make it real. Intrusive thoughts and nightmares are very common. Intense physical responses such as inability to eat or sleep, stomach aches and headaches, muscle tension, high blood pressure and a decrease in the autoimmune system are also common. Many times, the survivors must deal with intense feelings of guilt or remorse, feeling that they were somehow responsible or could have prevented the death “if only”. Family members have the need to tell the story of the death over and over again in an attempt to gain a sense of the reality of the death. They often have an overwhelming need to learn all they can about the circumstances of the death - how the person died, whether they were in pain, did they know they were dying, what were their last words, who saw what happened, and in cases of homicide, who committed the murder. All of these reactions are ways the survivors use to grasp the reality of the death and to begin the grief process.

As Bio Technicians, you are often called by family members or meet them upon arrival to the scene. Understanding some of the dynamics of trauma on the grief process may help as you help the family. Understanding the “normalcy” of the reactions you may see can help you feel more competent and assured to speak with family members without wondering whether or not you are saying the “right” thing. Some suggestions are listed below, but the most important thing is to convey sincerity and compassion to the family. They are very vulnerable and sensitive to words, expressions, and body language. Just make sure that what you say and do is congruent with how you feel or you will come across as insincere and uncaring.

Soon after a traumatic death, most survivors simply need to tell the story to anyone who will listen. It is important for their recovery to be able to do this. If you have time to listen, do so. They are not necessarily looking for any input from you; they just need someone to listen.

Remember that there are two basic rules for grieving people – you don’t hurt yourself or someone else. If, during the conversation, you hear comments that indicate the person is thinking of either, you might suggest they go talk to someone else before making a decision to do something like this. Create a list of counselors, therapists, or mental health centers to hand out at times like these. Take comments about thoughts of suicide seriously and offer to call a friend or family member to be with the person and get them help. Suicide rates often increase after a sudden, traumatic death of a loved one. These are very difficult situations for you as a caregiver, but you need to set limits as to what you can and cannot do. Listening and having resources available are all you need. The survivor needs to take some responsibility for them, and others who are better trained to handle these situations need to be contacted.

Although many reactions may look and feel “crazy”, most are normal reactions to the situation. Again, as long as they don’t hurt themselves or someone else, they are probably reacting normally to an abnormal situation. Helping normalize these reactions is very helpful to the survivor. Encouraging the survivor to talk and to express what they are experiencing is also helpful. Making a simple statement such as, “I think I’d feel the same way if this happened to me”, helps the survivor feel less out of control.

There are many support groups available to survivors that would make a good resource for them. Creating a list of those in your community or in nearby communities is a great gift for survivors. They may not want to attend a support group, but usually someone from the group is always willing to talk to them by telephone or offer assistance.

In the work you do, you may find yourself in situations of dealing with survivors who have needs you do not feel comfortable or competent in dealing with. That’s okay as it is not your responsibility to be all things to all people. However, there are these simple steps you can take to help your families in a meaningful way. You can listen. You can refer. You can offer resources. Having some general knowledge of the traumatic grief process may make you feel more competent in dealing with your families and knowing that you are being supportive and helpful in a meaningful way.

Below are some national organizations that offer support groups in almost every locality. They are specific to either the type of death or the relationship to the person who died and are more appropriate to traumatic deaths. They all have web sites or central telephone numbers that can be contacted for local information.

The Compassionate Friends – for parents’ whose child has died of any cause.
MADD – Mothers Against Drunk Drivers offer support for parents who a drunk driver killed child
Widowed Persons Service – sponsored by AARP for spousal death
SOS – Survivors of Suicide support groups
POMC – Parents of Murdered Children and other victims of homicide.

These and many other groups may be listed at your county’s Victim Assistance Office usually located in the office of the District Attorney. Also, check with your local hospices or hospitals. They offer support groups that are open to the public. Some local churches may also host support groups. As you create your list, don’t try to keep up with the dates and times of group meetings as they change frequently. All you need is the name of the group, a telephone number, and possibly a contact person. Leave it to the survivors to take the responsibility to make the calls on their own behalf.

PRESS RELEASE: Statement from Town and Gown Players

2009-04-26T18:34:00.000-04:00

ATHENS (MyFOX ATLANTA) - The three people we lost yesterday were a part of the rich 50-year history of this theater and, more than that, were vital members of the Town and Gown family.

Ben Teague, loving husband of UGA's Dr. Fran Teague for more than 40 years, was not only a friend but also a father figure to all at the theater. One would be hard pressed to find a Town and Gowner who had not learned at least one life lesson from this wise and kind hearted man. His wife wishes to say, "Yesterday Ben was murdered, which is hard to comprehend and impossible to accept. It was a beautiful day, however, and he was in his favorite place with the people he loved." Ben was a translator of German, Russian and English.

Marie Bruce was the binding force that held the Town and Gown community together. Having worked with Town and Gown for over 20 years, at one time or another she served in every capacity at the theater, artistically and administratively, from leading lady to president of the board to chief cook and bottle washer. A local attorney, Marie was the mother of two young children.

A gentle presence, Tom Tanner breathed life into every corner of Town and Gown through his quiet diligence and astounding creativity - most would call him genius. Father of an equally amazing daughter, Tom would tell you that while he enjoyed his work as director of the Regional Dynamics Economic Modeling Laboratory at Clemson University, his heart lived and thrived in the theater.

Ben, Marie and Tom were a part of our family, and as painful as their loss is for us, we know it is even more painful for their families. We want to extend our deepest sympathy to their immediate family and close friends outside the theater community. There are no words we can use to adequately express our grief.

We would like to thank the Athens Police department and the media for their respectful treatment of this tragedy. We want to thank the American Bio Recovery Association and A1 BIO-Clean Service for the generous donation of their services in our time of need. We also want to thank the Athens Community for their support. This tragedy effects everyone in the community in some way, and we know you share in our loss. We ask that the media continue to be respectful of our privacy during this difficult time.

Custodian’s stress-disorder suit restored

2009-04-22T09:48:00.001-04:00

Meghann M. Cuniff / Staff writer

A custodian who sued her school district after being forced to clean up the bloody scene of a student’s suicide had her lawsuit reinstated Tuesday by the Washington Court of Appeals.

Debbie Rothwell, who still works at Lakeside High School in Nine Mile Falls, suffers from post-traumatic stress disorder, according to a lawsuit filed in May 2007 by her lawyer, William Powell, of Spokane. The 16-year-old student shot himself in the head inside the school’s main entrance in 2004. The lawsuit was dismissed in January 2008 by Spokane County Superior Court Judge Greg Sypolt, who ruled the incident was covered by the Industrial Insurance Act.

But the Court of Appeals, in a 2-1 ruling, disagreed and reinstated the suit.

“There are people who do clean up the mess after one of these horrible murders or suicides happen,” Powell said Tuesday, referring to private professionals. “But the superintendent in this case chose not to do that. He should have known better.”

Along with former Superintendent Michael Green, now superintendent of the Woodland School District in Western Washington, the lawsuit names the Nine Miles Falls School District, Stevens County Sheriff Craig Thayer, two sheriff’s detectives and an unidentified man as defendants.

None was available for comment. Like most civil suits in Washington, the complaint seeks unspecified damages.

Rothwell’s complaints center around her task of cleaning up the suicide scene, then being asked to move a backpack she later learned belonged to the victim and contained a suspicious device that authorities detonated using a robot.

She stayed at work until after 4 a.m., cleaning the mess of blood, brain and bone alone, becoming “emotionally distraught and physically ill” before returning to the school less than four hours later at Green’s orders to serve cookies and coffee to grieving students and keep the media from the school, according to the suit.

At issue in the court decisions was whether Rothwell’s claim of post-traumatic stress disorder fell under the industrial injury act, which prohibits lawsuits based on industry injury or occupational disease.

Judges John A. Schultheis and Dennis J. Sweeney ruled it didn’t because it wasn’t the result of one work order. Her trauma grew over several days, according to their written opinion. Judge Teresa C. Kulik dissented.

Cleanup completed at Civic Association

2009-04-06T10:41:00.001-04:00

April 5, 2009

Cleanup has been completed at the American Civic Association building in Binghamton, where a gunman killed 13 people and injured four before taking his own life Friday.

The American Bio-Recovery Association, a non-profit international association of crime and trauma scene professionals, said Sunday that the bio-recovery cleaning was complete. The Ipswich, Mass.-based group provided the service at no cost.

Two member companies, Disaster Clean Up of Endwell and the Bio-Recovery Corporation of New York City, donated labor and supplies to remediate the scene with a crew of six technicians.

Bio-Recovery Corporation Aids In Binghamton Crime Scene Cleanup

2009-04-05T23:07:00.000-04:00

PRESS RELEASE
April 5th 2009

Bio-Recovery Corporation of New York City and Diaster Scene Cleanup of Endwell, NY responded to the American Civic Association on April 5th 2009 at the request of the American Bio-Recovery Association to aid the American Civic Association and the entire Binghamton community with the cleanup of the crime scene left in the aftermath of Fridays multiple homicide, suicide at their offices located at 131 Front St Binghamton, NY.

At the request of Dale Cillian, President of the non profit American Bio-Recovery Association (ABRA), the two named companies above provided all the labor and equipment to complete this cleanup in one day at no cost to the American Civic Association. "I couldn't have done this without you guys," stated Andrew Baranoski, Executive Director of the non-profit American Civic Association.

The American Bio Recovery Association, an international association of Crime & Trauma Scene Cleanup professionals strives to make these services available to all that require it throughout the United States.

Cleanup of meth labs in hotel rooms costly

2009-03-09T01:27:00.000-04:00

Monday March 9, 2009

by Cara Bailey
Daily Mail staff

Most people check into a motel hoping for a hot shower and a little shut eye in a comfortable, clean room.

But some guests have sinister motives.

Police in the Charleston area say they are finding motel rooms - they raided at least six in 2008 alone - that have been turned into makeshift methamphetamine labs.
The drug - a noxious mix of household chemicals and over-the-counter medicines - leaves vapors and residue on everything it touches: fabrics, carpet, paneling and drywall.

It can even get into a building's ventilation system, officials say.
That makes it particularly troubling when authorities find the clandestine labs set up right next to a room belonging to a weary traveler.

And the cleanup for motel owners is costly and time-intensive.
Charleston Police Sgt. Tony Payne, an officer with the Kanawha Valley Metro Drug Unit, said out of the 30 meth labs his unit uncovered last year, one-fifth of them were operated in motel rooms.

Just last month, four people were arrested after authorities broke up a meth lab at the Econo Lodge in Nitro.

Often drug makers set up shop in motels, investigators say, because they have easy access in and out and they can avoid attracting authorities to their own homes.
But it's a highly dangerous situation for everyone involved, Payne said.
After they're tipped off to a lab, local police officers can't begin to do the cleanup job themselves. They must first contact the federal drug enforcement agency and special materials handlers have to arrive on scene to break down the drug lab and begin the decontamination process.

"You treat it as somewhat of a crime scene," Payne said.
Anyone on scene usually has to be outfitted in protective suits with special breathing equipment because the fumes are so toxic.

Drug-making equipment, materials and all contaminated items have to be transported to a secure disposal facility in Parkersburg, Payne said. If the lab is located in an unincorporated area of the county, the proper procedure has been outlined by the Kanawha County Commission, which tightened its rules about the cleanup of a meth lab site in 2007.

A property owner has a certain amount of time to hire a decontamination contractor certified by the county to come in and clean up. The practice is expensive, running at least $1,500 for a small private residence.

If the property owner doesn't want to clean up the mess, they must hire a contractor to demolish the structure. If they don't comply, the county has the option of razing the structure and placing a lien against the property, according to the Kanawha County meth ordinance first adopted in 2005.

The entire process is far more costly for a motel, said Charleston building commissioner Tony Harmon. When his office is notified about a meth lab in the city, a crew is sent out to mark the site with an orange sign stating that the structure or room is unsafe for human habitation.

If that's in a motel, inspectors also will go to adjoining rooms and close them off as well. "You don't know what went from one area to another and back and forth," Harmon said. The owner of the property must have the room and surrounding areas tested for contamination, Harmon said.

It isn't until after those test results come back that the decontamination and cleaning can begin, officials said. That process typically runs a motel owner anywhere from $8,000 to $10,000 or more, Harmon said, depending on the extent of the contamination and the chemicals that were used.

"So many factors come into play as to what was actually in there and what chemicals were used that leave a residue," Harmon said. Vapors can cling to draperies. Chemicals get under floorboards. Even certain types of tile are susceptible to holding in fumes.

More testing ensues after the cleanup and then the state Bureau of Public Health is asked to sign off on a certificate that the property meets health and safety standards. That certificate must be given to building commission officials before the property can be deemed habitable again.
It's a lengthy process, and one that costs motel owners additional money in lost room charges.

If the property is ever sold, an owner must also disclose that a meth lab had been set up there.A February report from the U.S. Drug Enforcement Administration found that nationwide authorities uncovered clandestine meth labs in 1,789 motel and hotel rooms over the past five years.

The agency estimated the actual number of operating motel labs is much higher than those raided by police.

The Associated Press contributed to this report.
Contact writer Cara Bailey at cara.bai...@dailymail.com or 304-348-4834.

The Top 13 Worst Jobs with the Best Pay

2009-02-28T16:05:00.001-05:00

These are dirty jobs and somebody has to do them. At least they get paid well for their efforts
Think you have a lousy job? You're not alone. So do about half of your fellow workers—and about a quarter of them are only showing up to collect a paycheck, according to a survey conducted by London-based market information company TNS. Grumbling over the size of that check is common, too. About two-thirds of workers believe they don't get paid enough, says TNS—even though many of them may actually be overpaid, compared to average compensation data

Crime-Scene Cleaner
Average pay: $50,400
If crime-scene cleanup was just wiping blood off the floors—well, that would be easy. But CSI fans with get-rich-quick dreams should note the job involves more than handiness with a mop and a tolerance for the smell of decomposing flesh. Getting rid of bodily fluids typically calls for more rough-and-ready methods, such as ripping up carpet, tile, and baseboards. It also sometimes means working in confined spaces (if someone was electrocuted in an attic, for example). And when tearing up old houses, workers face exposure to hazards such as lead paint and asbestos—not to mention the combustible chemicals involved in drug-lab abatement.

Crime Scene Cleanup: What It Involves

2009-02-21T01:38:00.001-05:00

The Restoration Resource

A crime scene cleanup service is not without its complications. Crime scene cleaning encompasses restoring the crime scene to its original state. When a crime is usually discovered, crime scene cleaners are not called until after officers of the law, like the crime scene investigators, have done their jobs first and have given the go ahead for the cleaners to come in. If you intend to hire a crime scene cleanup company, you must make sure that they are well equipped and fit right to get the job done. A crime scene presents challenging conditions.

The Use Of Protective Gears:
Crime scenes can very well involve the use of hazardous or deadly substances. For safety reasons then, it has become imperative that crime scene cleaners use protective clothing, in addition to protective tools and gadgets. You must see to it that they have all the necessary protective gears and gadgets. The protective clothing can consist of disposable gloves and suits. A disposable gear is preferred nowadays since it offers the best protection against contamination. You use it one time and get rid of it. That way, the dangers of contamination is virtually brought down to zero percent. Protective clothing extends to respirators and the use of heavy-duty industrial or chemical-spill protective boots.

Among the gadgets that a crime scene cleaning company must have are special brushes, special sprayers, and wet vacuum. These special tools ensure added protection against getting into contact with the hazard could very well be present in the crime scene. There is large, special equipment such as a mounted steam injection tool that is designed to sanitize dried up biohazard materials such as scattered flesh and brain. You would also need to check if they have the specialized tank for chemical treatments and industrial strength waste containers to collect biohazard waste.

Of course, any crime scene clean up must have the usual cleaning supplies common to all cleaning service companies. There are the buckets, mops, brushes and spray bottles. For cleaning products, you should check if they use industrial cleaning products. A crime scene cleaning company must have these on their lists:

1 - Disinfectants including hydrogen peroxide and bleaches - The kinds that the hospitals used are commonly acceptable.

2 - Enzyme solvers for cleaning blood stains. It also kills viruses and bacteria.

3 - Odor removers such as foggers, ozone machines, and deodorizers

4 - Handy tools for breaking and extending such as saws, sledgehammers, and ladders

Established crime scene operators also equip themselves with cameras and take pictures of the crime scene before commencing work which. The pictures taken may prove useful for legal matters and insurance purposes. You never know which.

Needless to say, a specially fitted form of transportation and proper waste disposal is also needed. These requirements are specific. As you can imagine, crime scene cleaning is in a different category on its own. A home cleaning or janitorial service company may not be able to cope up with the demands of a crime scene. A crime scene cleanup service requires many special gears and tools that a home cleaning or a janitorial service company does not usually have or does not require. Crime scene cleaning if not done correctly can expose the public to untold hazards.

What Else To Look For In A Crime Scene Cleanup Company
You may also want to hire a company that has established itself. An experienced company with a strong reputation is always a plus but it could be expensive too. You will do well to balance your needs with what is your budget. There are several companies that offer specific prices such as for death scene clean up categories and suicide clean up categories. Most companies own a website and have round the clock customer service as receptionists.

When looking for a suitable crime scene cleaning service, among the first things you need to do is to scout for price quotes. Crime scene cleanup services usually provide quote after they have examined the crime scene and then they give you a definite quote. Factors that are usually considered include the number of personnel that will be needed to get the job done. It also includes the amount of time that might be needed. The nature and amount of the waste materials that need to be disposed will also be factored in. You can be sure that the more sophisticated equipments needed the more expensive it will get.

Crime Scene Cleanup And Your Insurance
For homeowners, the best approach is always to make sure that crime scene cleanup services clauses and provisions are written down on the contracts or policies. The inclusion of crime cleanup services clauses is very common and has become standard clause in most homeowner’s policy. Make sure that you are covered for this unforeseen event. Make sure that your policy directs the crime scene cleaning company to transact directly with the homeowner insurance company. A crime scene cleaning service is usually a standard clause in many homeowners’ insurance clause. These companies often do the paperwork in behalf of clients.

If for some reason you do not have such coverage by any policies relating to crime scene cleanup on your home, there are ways to keep your expenses controlled.

Finding the right company can be very taxing, especially that you have to deal with the emotional stress stemming from the crime itself, especially with a crime scene involving death.

There are many crime scene cleanup companies in operation nowadays. There are reliable professionals that you can hire and prices are relatively competitive. As of recently, crime-scene cleanup services can cost up to $600 for an hour of their service. A homicide case alone involving a single room and a huge amount of blood can cost about $1,000 to $3,000.

In recent years, crime scene cleaning has come to be known as, "Crime and Trauma Scene Decontamination or CTS. Basically, CTS is a special form of crime scene cleaning focusing on decontamination of the crime scene from hazardous substances such as those resulting from violent crimes or those involving chemical contaminations such as methamphetamine labs or anthrax production. This type of service is particularly common when violent crimes are committed in a home. It is rare that the residents move out of the home after it has become a scene of a crime. Most often, the residents just opt to have it cleaned up. That is why, it is very important to hire the best crime scene cleaning company out there. The place needs to be totally free from contamination of any kind. You have to make sure that the company is able to remove all traces of the violent crime that took place. This includes cleaning biohazards that are sometimes invisible to the untrained eye.

Legally speaking, federal laws state that all bodily fluids are deemed biohazards and you should make sure that the cleanup service company you hire understands this and includes it in the cleanup. These things appear as blood or tissue splattered on a crime scene. You must be able to hire a company that is equipped with special knowledge to safely handle biohazard materials. The company must have the knowledge what to search for in any give biohazard crime scene. For instance, the company should be able to tell clues such that if there is a bloodstain the size of a thumbnail on a carpet, you can bet that there is about a huge bloodstain underneath. Federal and State laws have their own laws in terms of transport and disposal of biohazard waste. Make sure that the company you hire has all the permits necessary.

It will also be a huge plus if you could hire people who not only has the special trainings but also who have the nature to be sympathetic. If you are close to the victim and have the cleaning done at the behest of the victim’s relatives, it would matter that the cleaners tread the site with some level of respect. It is a common site that family members and loved ones are often there at scene. In general, when looking for a suitable crime scene cleaners, you would take into considerations the kind of situation that the crimes scene presents and the demands that it require. Crime scene cleaning companies handle a wide variety of crime scenes and prices may vary from one to the other crime scene and one to the other company.

Each type of scene requires its own particular demands not only to make the crime scene look clean and neat on the surface but to make it germ free, and clean inside and to make it free from all deadly and infectious substances. The cleanup cost for biohazards may vary depending on degree of the bio hazard(s) on the scene. There may even be a category that changes the cleanup pricing which usually involves decomposing bodies and carcasses. Likewise, a cleanup of chemical hazards vary, depending on the amount of chemical hazards as well as the grades i.e. how hazardous the substance is in terms of human contact. Prices are also determined by the number of hours and personnel that it would to get the crime scene cleaned. In addition, the "gross factor" from crime scene involving death and gore needs to be taken under consideration regarding the chemicals that will be used as opposed to those crimes' that do not have gore involved.

Risks of Using In-house Employees for Environmental Cleanups

2009-02-19T16:51:00.000-05:00

By Gerard M. Giordano, Esq.

In an attempt to save money, property owners may be tempted to use their own Employees to clean up contamination at their facilities in order to comply with state or federal environmental laws. However, there may not be any real savings because when property owners (as employers)do commit to such a venture,they must comply with the Occupational Safety and Health Administration’s (OSHA)regulations that may be applicable. These are designed to protect employees from occupational injuries and illnesses,and failure to comply with these regulations could result in fines that may offset any savings.

A property owner who orders his employees to clean up or work with hazardous substances must comply with a number of precautionary regulations. The most comprehensive is 29 CFR 1910.120, which deals with hazardous waste operations and emergency response. An employer is required to develop and put into writing a safety and health program for any employees engaged in hazardous waste cleanup operations.

The elements of an effective program include requiring an employer to identify and evaluate specific hazards and to determine the appropriate safety and health control procedures to protect employees before any work is initiated. Likewise, protective equipment must be utilized by employees during the initial site entry and, if required,during subsequent work at the site. The employer must also periodically monitor employees who may be exposed to hazardous substances in excess of OSHA ’s regulations.

Once the presence and concentration of specific hazardous substances and health hazards have been established, employees involved in the cleanup operations must be informed of any risks associated with their work. Under certain ircumstances,regular ongoing medical surveillance of employees by a licensed physician, and without cost to the employees or lost pay, may be required.

Numerous other safeguards are also required by OSHA. For example, OSHA’s hazardous communications program, 29 CFR 1910.120, requires an employer to establish and implement a hazard communication program if, during the course of the cleanup, employees may be exposed to hazardous chemicals.

The requirements are essentially the same as those in workplaces where employees are routinely exposed to hazardous chemicals. The program must include container labeling, production of material safety data sheets and employee training. The employer must also provide a full description of the OSHA compliance program to employees, contractors and subcontractors involved with the cleanup operations as well as OSHA,and to any other federal,state or local agency with regulatory authority over the cleanup.

Regulation 29 CFR 1910.120 also requires an employer that retains the services of a contractor or subcontractor to inform them of any identified potential hazards of the cleanup operations. Generally, it is the involvement of employees that triggers an employer’s obligations under the Occupational Safety and Health Act. If contractors were retained, it would be the contractors’ responsibility to comply with these OSHA requirements on behalf of their employees, assuming that the employer
retaining the contractor has neither employees involved in the cleanup nor employees potentially exposed to health hazards arising from the cleanup.

In addition to the contractor’s required compliance with OSHA regulations, it is imperative that a property owner include in any agreement with the contractor that the contractor must comply with all pertinent OSHA regulations. If possible,the agreement should also provide for indemnifications from the contractor to the property owner for claims arising from the cleanup. These indemnifications will be important if the employees of the contractor are injured or subsequently become ill because of such work. The indemnifications should survive the completion of the work. These precautions will help insulate the property owner from both governmental actions and potential third-party claims.

Failure to comply with OSHA regulations on the part of the property owner who uses his own employees to perform a cleanup or work with hazardous substances may result in substantial penalties. Under OSHA, fines can be levied for each violation found by an inspector. These violations can result in non-serious, serious or willful violations with penalties as high as $70,000 for each violation. If a subsequent inspection is performed and violations are found which have not been corrected from an original inspection,daily penalties could be levied resulting in substantial fines.

Compliance with OSHA regulations should be a factor when a property owner decides to use in-house employees for cleanups. In the long run, there may not be any savings to the employer. Furthermore, because of the employer’s lack of familiarity with the OSHA regulations governing the cleanup of hazardous sites,the employer could be subject to fines as a result of its failure to comply with the OSHA regulations.

Therefore, it may be prudent in the long run to retain a company whose business is devoted to doing only cleanups. This company will have the expertise and continuing obligations to protect its employees.

Gerard Giordano is special counsel at the law firm of Cole, Schotz, Meisel, Forman & Leonard, P.A., based in Hackensack, NJ. He is a member of the firm’s Environmental Department, and his practice focuses particularly on OSHA matters. Prior to practicing law, Mr. Giordano worked at the U.S. Department of Labor – Occupational Safety and Health Administration (OSHA) as an industrial hygiene compliance officer.

Sunshine Cleaners (Opens March 13th 2009)

2009-02-17T13:15:00.003-05:00

Sunshine Cleaning is a comedy-drama starring Amy Adams and Emily Blunt.

Sunshine Cleaning follows an average family that finds the path to its dreams in an unlikely setting. A single mom and her slacker sister find an unexpected way to turn their lives around - once the high school cheerleading captain who dated the quarterback, Rose Lorkowski (Amy Adams) now finds herself a thirty something single mother working as a maid. Her sister Norah (Emily Blunt) is still living at home with their dad Joe (Alan Arkin), a salesman with a lifelong history of ill-fated get rich quick schemes. Desperate to get her son into a better school, Rose persuades Norah to go into the crime scene clean-up business with her to make some quick cash. In no time, the girls are up to their elbows in murders, suicides and other…specialized situations. As they climb the ranks in a very dirty job, the sisters find a true respect for one another and the closeness they have always craved finally blossoms. By building their own improbable business, Rose and Norah open the door to the joys and challenges of being there for one another—no matter what—while creating a brighter future for the entire Lorkowski family.

Here’s the Sunshine Cleaning Trailer, hit HQ in the menu bottom right for improved quality. The movie is due out March 13, 2009.