Often
environmental enforcement officers find themselves called
in as expert technical help in raids on meth houses,
thanks to their HAZMAT training and experience in
working cases involving dangerous chemicals. Many of the
risks to officers associated with raids on clandestine
drug manufacturing labs have been well documented, but
possibly the most severe risk of long-term health problems
from chemical exposure is often ignored. The most apparent
risks are commonly discussed. There is the risk of fire
and explosion, especially associated with older meth
cooking processes. There is the immediate risk from being
exposed to the chemicals themselves. There is the risk of
having to deal with the cooks and jacked-up meth users.
There is the risk from used sharps, broken glass and the
general clutter at meth labs. There is the ever-present
risk of hepatitis and other diseases from hanging out in
places where human waste is casually regarded. There is
the severe psychological risk to officers of seeing
over-and-over what these drugs are doing to the children
that are present at the meth houses 20% to 30% of the
time.
While good protocols now recognize that officers
involved in such raids should wear protective suits and
breathing apparatus, and basic protective rigs are
inexpensive, many smaller agencies still do not own or use
such gear. Many officers involved in meth house raids tell
stories of the "We all ran in with guns drawn ...
then we all ran back out coughing" variety. The
Occupational Safety and Health Administration has developed standards for workers who handle dangerous
chemicals, but following OSHA is not a requirement for
local governments. Nor is Texas one of the states having
an OSHA-like set of regulations for local governments to
follow instead of the federal law. So, officer safety is
left to each jurisdiction: some agencies are far-sighted
enough to provide protective gear, and some are not yet at
that level of development.
Nationwide, the most immediate risks are from fire and
explosion. The Florida Department of Financial Services
summarizes a survey they made as follows: "In
Minnesota, as many as 25 firefighters and police officers
were injured while responding to incidents related to meth
labs. In Iowa, Minnesota, Missouri, Oregon and Washington,
meth labs were responsible for 155 injuries, with more
than half involving first responders, firefighters, EMTS,
hospital personnel and police officers. In the Midwest, 28
firefighters battled a structural fire for hours after
ignition in a suspected clandestine drug laboratory. One
man, one woman, and three children were transported to the
hospital for burn treatment. In addition, two paramedics,
one firefighter and eight citizens were treated for
inhalation of fumes and minor burns. According to
published reports, firefighters had responded to the same
location one week earlier for a report of smoke in the
structure. According to the Centers for Disease Control
and Prevention, clandestine laboratories were responsible
for injuries to 79 emergency responders in 14 states
between 1996 and 1999. In December 2004, four persons –
including two children – were killed in Texas when a
methamphetamine lab exploded. Estimates suggest that as
many as 100 public safety officers have been injured while
seizing meth labs over the past several years. (Source:
Fire Chief Magazine, December)" Nationwide, about
30% of meth labs are discovered as a result of fire.
Officers and others at the scene are sometimes injured
by immediate exposure to chemical releases, and some data
on short-run chemical releases are available. The Centers
for Disease Control, working with the 16-state (including
Texas) Hazardous Substances Emergency Events Surveillance
(HSEES) system has concluded that most of the
chemical-related injuries at meth labs happen to police
officers, based on data from 2000 through 2004: "Of
the 1,791 meth events [i.e., meth-related chemical
releases requiring clean-up] , 558 (31%) resulted in a
total of 947 injured persons. Persons most frequently
injured were police officers (531 [56%]) and members of
the general public (314 [33%]). Median age of victims was
32 years (range: 1 - 72 years). The 947 victims had a
total of 1,371 reported injuries, most frequently
respiratory irritation (531 [39%]), headache (348 [26%]),
eye irritation (109 [8%]), and burns (104 [8%]). A total
of 274 (29%) victims were treated at hospitals but not
admitted, 68 (7%) were treated at hospitals and admitted,
and 62 (7%) were treated at the scene; nine (1%)
died." [Morbidity and Mortality Weekly Report,
April 15, 2005].
But chemical releases, fires and explosions are not the
full story and, in the final analysis, may not even be the
major sources of risk. Back in mid-2005, Debbie Dujanovic,
a reporter for KSL Television & Radio in Salt Lake
City, did a series of three stories on the deteriorating
health of officers who had been involved in meth raids.
Her series can be read and viewed beginning at http://tv.ksl.com/index.php?nid=66&sid=201989,
and you should take a few minutes to watch the short
videos. She details the stories of the fifty-or-so current
and former police officers she had located in Utah who
were heavily involved in meth house raids themselves or in
the disposal of the chemicals seized and their unexpected
major health problems, including cancers, mysterious
diseases and heart disease. In some cases she documents
unexpected disease-related deaths. One quote from Salt
Lake City Officer Lisa Pascadlo sums up the situation in
encountering meth labs on the street: "You basically
have a hazardous waste dump. There’s no other way to
explain it." Officer Pascadlo was commenting not on
the older cooking operations, but on smaller, often mobile
cooks, including those that an officer might meet
unexpectedly when popping the trunk on a suspect’s car.
The point of the Utah stories is that many officers are
being exposed to dangerous chemicals and later reporting
bad health effects. The commonsense of the cases suggests
that the health issues are a result of the exposure. But
not so fast. The truth in Utah has apparently been that
these officers have generally failed to have their
illnesses accepted as being workplace related for
insurance purposes. It has apparently been fairly normal
there for workman’s compensation claims to be denied.
Moreover, should the officer become too ill to work, he or
she often no longer has access to affordable health
insurance and may eventually sees personal savings
exhausted paying for medical attention.
Proving that a particular disease was
"caused" by exposure to a particular chemical
can be very difficult. Consequently, proving that the
illness was incurred as a result of exposures experienced in the
line of duty may require the services of extremely good
attorneys. There generally is
very limited test data showing the result of exposure to
particular chemicals on humans. In fact, very few of the
80,000-or-so chemical compounds we routinely encounter
have actually been tested for their human impact, so it
would be difficult to even locate evidence to begin to
prove that a certain exposure caused a particular disease
or cancer. Moreover, the "chemical cocktail" of
meth labs -- and chemical dumps -- makes the situation
even more difficult for an officer trying to prove
that exposure resulted in the disease. Nor are we likely
to develop useful test data anytime soon, given the ghoulish
process that one would have to undertake to run the tests.
About a year ago, for instance, the Environmental
Protection Agency, under congressional pressure, dropped
its plan to intentionally expose a group of low income
children to pesticides over a two year period. The New
York Times reported on April 9, 2005: "A recruiting
flier for the program, called Children's Environmental
Exposure Research Study, or Cheers, offered $970, a free
camcorder, a bib and a T-shirt to parents whose infants or
babies were exposed to pesticides if the parents completed
the two-year study. The requirements for participation
were living in Duval County, Fla., having a baby under 3
months old or 9 to 12 months old, and ‘spraying
pesticides inside your home routinely,’ according to the
flier. The study was being paid for in part by the
American Chemistry Council, a chemical company trade group
that includes pesticide makers." That chill running
down your spine is a reminder that we won’t be
developing such test data anytime soon. We won't be
learning about human exposure to chemicals through
intentional exposure.
Insurance claim cases that have tried to rely on warnings of possible
diseases printed in Material Safety Data Sheets have
usually not been successful. Defense attorneys are usually
able to show that the disease may have been contracted in
some other way, was common in the plaintiff’s family,
could have been the result of non-job-related
environmental exposure, or raise other legitimate
questions about the diseases’ cause.
California and a couple of other states have taken
another approach. Their laws include what are called
"Peace Officer Worker’s Compensation
Presumptions," which require the states’ workers
compensation programs to presume that certain illnesses,
including cancer and heart problems, are caused by
exposure to chemicals while the officer was on the job.
Rather than prove that the illness was caused by
the chemical, the officer simply has to show that he or
she was exposed to a known carcinogen while on the
job. If Texas currently has such law, we can't find
it.
So, the bottom line is probably this: if an officer who has been
exposed repeatedly to chemicals in meth house raids
develops some major health problem, he or she may have a
very tough time proving that a later illness was caused
by the exposure. Workers compensation claims may well be
denied. If the officer is too ill to continue working,
then he or she may be faced with paying high
post-employment health insurance premiums or even with
having to pay for medical attention out of savings.
Everything said thus far about officers being exposed
to toxic chemicals in meth raids also goes for officers
kicking around the illegal dumps of Texas, encountering
Lord-knows what chemicals in the process.
Several things can be concluded from all this:
(1) Officers working around dangerous chemicals should
get and use appropriate protective gear. This is not about
being macho by not using the suits and respirators; it's
just good sense to use the protective gear. Officers not
use to working in this equipment may have to train and
practice awhile before it becomes comfortable. This is an important enough issue to push for
a policy supporting using this gear in your agency, if its
not already a policy;
(2) Officers working around dangerous chemicals should
work through the exact insurance ramifications of what
would happen if they were to contract a debilitating
disease that required them to stop working. You owe this
to your family. Risk-based personal planning is
required;
(3) Environmental enforcement officers need to stop
thinking that they are chemically bullet-proof. The big
danger associated with environmental enforcement may not
be from gunshot, fires, disease or explosion. The big risk
may well be from the repeated exposure to toxic materials
so common to this line of work; and,
(4) Texas would be doing the right thing to adopt the
same sort of "Peace Officer Worker’s Compensation
Presumptions" law as California, Virginia and several
other states. It is the only moral thing to do, and the
officers that encounter toxic chemicals on behalf of us
all deserve this support.