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Resources
ACGIH® Press Release
Media Contact:
A. Anthony Rizzuto
Executive Director
513-742-6163
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acgih.org |
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For Immediate Release
January 19, 2001 |
LEGAL ACTIONS CHALLENGE
ACGIH® AND THREATEN THE OCCUPATIONAL HYGIENE PROFESSION
Cincinnati, Ohio
- January 19, 2001 - The American Conference of Governmental Industrial
Hygienists (ACGIH®), headquartered in Cincinnati, Ohio, has been served
with three unrelated lawsuits. Each complaint involves the Chemical Substance
Threshold Limit Values (TLVs® ) Sodium Sesquicarbonate (Trona), Synthetic
Vitreous Fibers (specifically Refractory Ceramic Fibers (RCF), and Vinyl
Chloride.
The nature of two
of these complaints calls into question the freedom of any party to undertake
independent scientific research, and publish results. This threatens the
credibility of the occupational hygiene profession and the ability of
occupational hygienists to continue their work. Working with legal counsel,
the ACGIH® Board of Directors, along with other dedicated volunteers, some
who are members of the Chemical Substances-Threshold Limit Values (CS-TLV®)
Committee, and ACGIH® Staff have concluded that a vigorous defense of ACGIH®
and its members is essential if they are to continue to progress in the
cause of worker health and safety. Board Chair, Scott E. Merkle, CIH,
states, "The nature of the allegations brought in these actions brings
a real threat to the ability of professional practitioners to fully protect
workers based upon sound and thorough science. These allegations are unfounded
and are without basis. Nonetheless, any adverse judgment in these cases
could very well dampen, if not silence, the dissemination of the results
of credible research by all scientists in all fields of endeavor. At stake
is the right of any organization or group to express scientific opinions
based on their reasoned evaluation and judgment. These cases threaten
our right to free speech as granted in the First Amendment to our Constitution."
Merkle continued, "After careful consideration and with the advice of
experienced legal counsel, we have concluded that a vigorous and thorough
defense of ACGIH® and the IH profession is necessary. There is no alternative.
We stand by ACGIH® and the significant contributions it has made for over
half a century. We stand by our TLV® Committee. We stand by our policies,
procedures, and processes. We stand by our recommended Threshold Limit
Values, and the fairness and thoroughness of the system used in their
development and dissemination." According to ACGIH® General Counsel, Steven
John Fellman of Galland, Kharasch, Greenberg, Fellman & Swirsky, P.C.
in Washington, D.C., "ACGIH® has acted within all legal requirements in
developing and publishing TLVs®. It has every right and responsibility
to defend its position. Beyond my commitment to continue a thorough and
reasoned defense of ACGIH®, its members, and the industrial hygiene profession,
my concerns extend to similar not-for-profit, voluntary, membership organizations
in other fields of endeavor which disseminate recommendations and practice
guidelines intended to protect people from injury and death."
Mr. Fellman and his
associates are working primarily on the RCF case. Additional legal counsel
has been retained in Macon, Georgia, Atlanta, Georgia and in Texas.
For more information
on these legal proceedings, please visit our website at www.acgih.org.
ACGIH® Worldwide is
a member-based organization that advances worker health and safety through
education and dissemination of scientific and technical knowledge. ACGIH®
is one of the industry's leading publications resources, with over 400
titles relative to occupational and environmental health and safety, including
the renowned TLV® and BEI® book. For more information visit the ACGIH®
website at www.acgih.org. or call our Member Services Representatives
at 513-742-2020.
Last update on 05/01/2006.
Questions or problems? Please contact us.
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