Employers in Any Field Have a Responsibility to Provide a Reasonably Safe Workplace
This usually includes preventing unnecessary toxic exposure. When employers show negligence in their duty, the exposed worker may suffer lost wages, medical expenses, permanent disability or even an untimely death. Without action to uncover contributing causes to a worker’s injury, this suffering may be experienced by many workers. An attorney with experience in workers’ compensation cases may be able to aid in the investigation and pursue wrongful death or injury claims against the negligent employer.
See letter to Sandra Lyon and the SMMUSD’s Board of Education dated Oct. 7, 2013 from AMPS, Malibu High PTSA, The Shark Fund, The Boys & Girls Club of Malibu, members of the Malibu High School Site Council, & Malibu Special Education Demanding that the SMMUSD take Steps to Keep Our Children and Teachers Safe:
Malibu Teachers to District: Test For More Toxins
A group of around 30 Malibu teachers has partnered with a Washington D.C. group to pressure the local school district to conduct full toxin assessments of Juan Cabrillo, Malibu High and Malibu Middle schools.
See Malibu Times News Article: http://www.malibutimes.com/news/article_26d782d4-5601-11e3-be02-0019bb2963f4.html
In January 2014, SMMUSD staff raised concerns about PCB exposure in Malibu High School and Middle School (MHS) and Juan Cabrillo Elementary School (JCS) after three teachers reported thyroid cancer diagnoses.
See letter to Sandra Lyon from 12 teachers at Malibu High School:
http://www.peer.org/assets/docs/ca/1_13_14_teacher_letter.pdf
The Santa Monica-Malibu Unified School District’s Classroom Teachers Association Urges SMMUSD Officials to Consider the Well-being of its Children and Staff
Santa Monica Teacher’s Public Comment:
The City of Malibu through Resolution No. 14-58 requests that the Santa Monica-Malibu Unified School District (SMMUSD) conduct further source testing for polychlorinated biphenyls (PCBs) at all Malibu school campuses and in all rooms. Every inch of caulking does not need to be tested to verify there are PCBs. It is reasonable and based on standard building practices is responsible to assume that all like caulking in the same building contains PCBs.
See City of Malibu’s September 23, 2014 Resolution No. 14-58 below:
9_23_14_Malibu_City_Council_Resolution
Despite the October 2013, January 2014 letters and City of Malibu passing this Resolution, the SMMUSD refuses to relocate its students and teachers and administer any further testing, even turning down the offer of Malibu parent and supermodel Cindy Crawford to personally pay for the tests. The EPA, in the Oct, 31st, 2014 approval, made very clear that PCBs over 50ppm cannot be left in place. PCBs are not like lead paint and asbestos; they are not chemically the same nor are they handled by EPA the same way.
PCB Contamination at Malibu Schools is Now Part of the Malibu Association of Realtors Newest Disclosure Requirements for Buyers of Malibu Real Estate
The latest version of the Malibu-Topanga Disclosure Addendum, which went into effect on September 2, 2015, is intended to let prospective buyers know about local issues. This disclosure reads:
MALIBU SCHOOLS: “Some Malibu Schools (Juan Cabrillo Elementary, Malibu Middle School, and Malibu High School) have been determined to contain Polychlorinated biphenyl (“PCB”), a known carcinogen, in caulking and other building materials. Environmental assessments are ongoing. Buyer is encouraged to investigate and determine whether he considers the use of said materials a potential health hazard prior to close of escrow.”
See Malibu/Topanga Disclosure form here:
MalibuTopangaDisclosureAddendum0915
(This form does not replace the Statewide Buyer and Seller Advisory (CAR Form SBSA) and is intended only for the exclusive use of active members of the Malibu Association of REALTORS)
The Santa Monica Malibu Unified School District appears to be more interested in attempting to limit their exposure to liability from a toxic tort complaint, rather than to just simply comply with the TSCA, and protect its students and teachers from this continuing harm.
Superintendent Sandra Lyon told the board at the December 11, 2014 board meeting that the District has approval to spend $600+ per hour and the use of Pillsbury Law Firm as legal counsel, and now the SMMUSD Board has given her carte blanche permission to spend unlimited amounts of money to protect their decisions. See list of SMMUSD expenditures to date: $6,500,000 and rising!
http://malibuunites.com/wp-content/uploads/2015/09/Purchase-Orders-Approved-at-Board-Meetings2.pdf
Instead of remediating all of the toxic PCBS from the affected campus’ of Juan Cabrillo Elementary, Malibu Middle and Malibu High schools, the SMMUSD has spent approx. $6.5 million dollars on lawyers and environmental expenditures rather than $100 per caulk test.
Just what is the Santa Monica Malibu Unified School District spending so much money to hide from the public?
Perhaps this is the reason why the SMMUSD has Lawyered Up?
NOVEMBER 2015 UPDATE ON CURRENT HEALTH ISSUES WITH STUDENTS AND TEACHERS AT MALIBU SCHOOLS
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There is a statistically significant “relationship” between spending your days at Malibu High School and Thyroid Cancer
For details, go to: https://lawofficesofbarryfagan.wordpress.com/2015/06/24/there-is-a-statistically-significant-relationship-between-spending-your-days-at-mhs-and-thyroid-cancer/
Please see map for more details to which rooms have illegal levels of PCBs.
As a result of the Santa Monica Malibu Unified School District’s reckless conduct, America Unites for Kids and PEER has sued the SMMUSD for violations of the Toxic Substances Control Act (TSCA).
The Santa Monica Malibu Unified School District is Ordered to Stand Trial on May 17, 2016 for Failure to Protect Students & Teachers from Toxic Levels of PCBs
For details, go to:
See link to America Unites for Kids and PEER’s First Amended Complaint against the SMMUSD:
https://lawofficesofbarryfagan.files.wordpress.com/2015/03/document-52.pdf
The SMMUSD’s Adversarial Posturing is Costing the SMMUSD Millions of Dollars and Causing Unnecessary Harm to All of Their Students and Staff
Santa Monica-Malibu Unified School District’s Superintendent Sandra Lyon should be fired for not adequately protecting the School District’s students and teachers.
For details, go to:
ITS TIME TO FIRE SUPERINTENDENT SANDRA LYON
smmusdirresponsibilityendangersourchildren 