Although W.R. Grace has a multitude of businesses, the one that I will be
focusing on is the Styrofoam food Container Division. The Styrofoam food containers
are made and then packaged in perforated plastic bags so they can breathe. This
is a hazard as it lets the food container be contaminated very easily, because
they are stacked directly on the floor and touch the walls of the trailer. They
have several Trucking Companies that haul the food containers for them. All
that is required to haul the food containers is the trailer be swepted out with
a push broom by the driver no matter what the prior load. This is a practice
that is used by many food corporations, not just by W.R. Grace. If there are
contaminates that can not be swepted out or even seen, they are left to contaminate
the food containers that in turn contaminate the food that is put on it. Does
this way properly clean out a trailer to be sanitized for food product? Here
is a little back ground information about WR Grace. In the 1960's and 1970's,
WR Grace, along with other companies, were charged with contaminating the drinking
water of a community in Woburn Massachusetts. In 1989, WR Grace settled the
lawsuit filed against them for this contamination. In fact, Disney made a movie,
called A Civil Action, staring John Travolta. For more information on this,
go to the Internet and visit www.civil-action.com/ and follow the links. "
From 1984 to 1994 the Department of Energy investigated WR Grace for a Contamination
in Wayne, New Jersey, although the federal government evaluations have concluded
that there is no health hazard at the Wayne site in 1994. In 1998 WR Grace paid
an approximately $32 million settlement with the U.S. Army Corps of Engineers,
the U. S. Environmental Protection Agency and the U.S. Departments of Energy
and the Interior". And as recently as November 1999 WR Grace is involved
in another involvement of contaminating another community in Libby Montana.
This time it is for asbestos related illnesses. In their press release of January
20, 2000, WR Grace has announced sweeping health care program for Libby Montana
residents. (For more information on this you can go to the Internet and visit
Grace's Web site at www.grace.com. And go to Grace Media Relations). Remember
this is only one company out of thousands in this Industry.
The trucking industry has been accused of hauling hazardous materials one way
and food or food products the other way in dry trailers. The manufacturer I
just discussed makes this easy for this trucking industry to contaminate their
product. Their policy is not the proper way to clean out a trailer that hauls
food or food product. I picked a trucking company involved with WR Grace because
I have knowledge they hauled both WR Grace's food product as well as hazardous
materials. MPC trucking is a company based out of Kimberton, Pennsylvania, its
mother company (Monsey Products Corporation) makes driveway sealer, roof coating,
and paints for different companies. MPC Trucking hauls these products as well
as the raw materials to make these products. These raw materials consist of
asbestos, solvents, coal tar, etc
Although I speak of several raw materials,
I will explain how the asbestos is hauled. Most of the asbestos was hauled from
Johns-Manville's asbestos mine in Asbestos, Quebec, Canada. MPC trucking dispatched
its drivers to Johns-Manville, where upon arrival the guards at the gate were
required to check the trailer for holes. If there were any holes in the trailer
walls or floor, they were not to load the trailer. Their reason for not loading
the trailer if it had a hole was a plastic bag of asbestos could break open
in transit and it would be contained in the trailer. If the trailer had a hole
the asbestos could blow out of the trailer. When the driver opened the doors
to the trailer they stayed opened till it was loaded and checked at the guardhouse.
This could mean hours of waiting in line. This would contaminate the trailers
inside and out because the waiting area was under the conveyor belts bringing
the asbestos to the building from the mine. The loading doors were in the back
of the building where the asbestos was bagged and where the conveyor belts suspended
over the waiting area. When a breeze or a good wind would come through this
area, it would blow the asbestos off these conveyor belts making it look like
a blizzard in the middle of July and August. This asbestos blowing in the wind
would contaminate the inside of these trailers because they were sitting there
with their doors open.
I found another way MPC Trucking has been abusing the health care system. In
February of 1991, MPC Trucking required its owner operators to purchase Workmen's
Compensation at the cost of 3.5% of their pay. Although one owner operator refused
to sign for MPC Trucking to have this money taken out of his pay, MPC Trucking
took the money anyway, under protest. On 3/6/91 this owner operator had his
foot broken while unloading food product at Star Markets food warehouse, and
MPC Trucking paid the bills.Norwood Hospital-pg 1 The next time this owner operator was injured while
unloading a trailer for MPC Trucking was on 4/6/92 at C&S food warehouse.
This time the owner operator was exposed to a chemical or toxin while unloading
WR Grace's product. MPC Trucking refused this owner operator the Workmen's Compensation
authorization numbers and put this owner operator through a lengthy Workmen's
compensation trial. At the end of the trial the judge's decision was that the
owner operator was contaminated. Even though the Judge was never informed what
the contaminate was he ruled that the owner operator should have been better
in two weeks. Because of this, the judge violated this owner operator Right
To Know what he was contaminated with along with the American public that ate
the food from the containers. This judge also ruled that because this person
was an owner operator, he was not entitled to workmen's compensation. This owner
operator now collects Social Security Disability in which Medicare pays his
medical bills due to the exposure on 4/6/92. This is another way this industry
takes advantage of the health care system.
The Food Warehouse Industry receives the food and food products from the manufactures
by way of the trucking companies and distributes it to the grocery stores. This
industry protects its workers by not letting them unload the trailers of incoming
food or food products. There are signs when a driver checks in to deliver a
load informing the driver that he or she is responsible for unloading the product.
If the driver is unable to unload the product, there are what are called lumpers
who do not work for the food warehouse, but solicit work from drivers for the
that load. Although most of the drivers make the lumper sign receipts before
paying them, most lumpers give false names; therefore, there is no way to track
the money. When the lumpers become ill with no regular job, they end up getting
health care from the government. This raises the cost of health care to the
taxpayer, not to the food warehouse or the healthcare provider for the warehouse.
By not having their employees unload these trailers, how do they know if the
product is contaminated or if the trailer is sanitary?
In 1994 a primarily republican congress rewrote the transportation food laws
under 49 chapter 37 2800-2806 which were adopted in to law 11/3/90. The new
laws that went in to effect were called Sanitary Food Transportation and can
be found in 49 section 57 of the transportation law. When these congressmen
wrote this laws they sounded like they were outraged (Sec. 5701. Findings-STATUTE-Congress
finds that -
(1) The United States public is entitled to receive food and other consumer
products that are not made unsafe because of certain transportation practices.
(2) The United States public is threatened by the transportation of products
potentially harmful to consumers in motor vehicles and rail vehicles that are
used to transport food
And other consumer products; and
(3) The risks to consumers by those transportation practices are unnecessary
and those practices must be ended.
-SOURCE-(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 854.)
-MISC1- Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
5701 49 App.:2801. Nov. 3, 1990, Pub. L.
101-500, Sec. 2, 104 Stat. 1213."
And in section, 5706 it calls for "Sec. 5706. Dedicated vehicles-STATUTE-
(a) Prohibitions. - The regulations prescribed under section 5703(a)(1) of this
title shall include provisions prohibiting a person from using, offering for
use, or arranging for the use of a motor vehicle or rail vehicle to transport
asbestos, in forms or quantities the Secretary of Transportation decides are
necessary, or products that present an extreme danger to humans or animals,
despite any decontamination, removal, disposal, packaging, or other isolation
procedures, unless the motor vehicle or rail vehicle is used only to transport
one or more of the following: asbestos, those extremely dangerous products,
or refuse.
(b) List of Applicable Products. - After consultation required by section 5709
of this title, the Secretary shall publish in the Federal Register a list of
the products to which this section applies. The Secretary may amend the list
periodically by publication in the Federal Register.
-SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 857.)
-MISC1- Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
---------------------------------------------------------------------
5706 49 App.:2806. Nov. 3, 1990, Pub.
L. 101-500, Sec. 7,
104 Stat. 1216."
As you can see these laws dated back to their predecessors and have the same
problem, this problem being that there is no section, which states how they're
going to enforce the dedicated vehicle stature. It is important that the congress
and state governments solve this problem because when these chemicals and toxins
contaminate people, their medical problems are masked as other things. These
people have no idea whether or not they were contaminated or by what. The doctors
are looking for other causes and treating their patients for other things that
have the same symptoms. If the congress and the state governments of these United
States would act as vigorously toward these industries as they do against the
Tobacco companies, we may save some money and lives. We don't want to let this
drag on and become as taxing as the issue with the tobacco companies which is
costing the American public millions if not billions of dollars a year in health
care. I believe we can have a section for enforcing a dedicated fleet for hauling
our food and food products by the end of the year 2000.
Questions or comments? Email Charles Lake