‘SOUR’ LAW ENDANGERS STUDENTS AND TEACHERS

EXPOSED TO UV RADIATION FROM DANGEROUS GYM LIGHT FIXTURES

“Remove and Replace” then “Change the Law” Teachers Say

Metal halide bulbs commonly found in school gymnasiums can expose students and teachers to hazardous UV radiation and burns and should be removed from all Oregon schools, teachers harmed by the product said today in a news conference. They also urge the repeal of Oregon’s SOUR law that prevents citizens from taking action through the courts for older products that pose current dangers. They were joined in the request by the 45,000-member Oregon Education Association (OEA).

The teachers and the OEA called upon state safety officials and the Legislature to act after the company, Philips Lighting of New Jersey, rejected the teachers’ request to protect the public by voluntarily removing the “Type R” metal halide bulbs from Oregon schools, which could be done during the summer recess. The US Food and Drug Administration has warned that the bulbs are a public health danger when used in gyms and schools. The FDA requires warnings on the bulb packaging but so far those warnings have failed to protect the public.

“These metal halide bulbs pose an invisible hazard. You can’t see when the radiation is being released but if you’re exposed it can pose severe consequences,” said Kellie La Follette, who continues to suffer searing eye pain and other effects 19 months after exposure. “The company has rebuffed all responsibility and Oregon’s SOUR law ties our hands to hold it accountable or to protect other teachers and students from experiencing UV radiation burns.”

“These hazardous bulbs don’t belong in schools where students, teachers and the public can unknowingly be harmed by unsafe levels of UV radiation,” said OEA President Larry Wolf. “The company isn’t taking responsible action so the Legislature should.”

Under Oregon’s SOUR law, the teachers have no recourse to hold the company accountable in a court of law. The Statute Of Ultimate Repose protects manufacturers of products older than eight years, even if the product poses a present danger. The Lake Oswego lights were manufactured in 1988. The Oregon law is in stark contrast with most other states, which make manufacturers responsible for defective products during the entire useful life of the product.

“No product or manufacturer should be above the law,” said teacher Denise Fletter. “As long as a product is on the market and poses a danger, we should have recourse to protect ourselves and the children we teach.”

La Follette, Fletter, Mary Neerhout Borg and Sherry Rhoades - wearing dark sunglasses to block out the light - urged action at a news conference at Bryant Elementary School in Lake Grove, in the gym where they were injured. They were among 69 educators from across the state exposed to excessive UV radiation on November 12, 2004 during an in-service day at the school’s gym. Neither the school district nor the teachers knew that they were being exposed to the radiation since the halide bulbs continued to function even though the safety cover had been shattered by a stray ball a few days earlier. The Lake Oswego School District replaced all metal halide fixtures once the danger became known.

But the teachers sitting directly below the broken bulb received the equivalent of a month’s worth of sunlight exposure compressed into a five-hour timeframe. Just like a sunburn, the damage became evident hours later. The teachers suffered burns, fever and eye damage. They continue to suffer daily pain and are unable to tolerate normal levels of light, severely curtailing their activities to minimize their pain. The longterm effects are little understood.

The U.S. Food and Drug Administration has issued a warning against the product but continues to allow its sale. Safer options are easily available. Philips makes a safer but more expensive ‘T’ bulb that self-extinguishes when the safety cover is shattered. The Lake Oswego School District replaced the lights with fluorescent fixtures, paying to replace the defective halide lights.

The teachers and OEA are concerned that school districts around the state may not have the funds to replace the bulbs and shouldn’t have to bear the burden of replacing a dangerous product. Public schools, in addition to their educational function, also provide an important meeting place for the local community. This expands the risk beyond just school staff and students.

The teachers recommended action steps that individuals can take to protect themselves and children:

· Call your school district and ask what bulbs are used in gyms and auditoriums.

· Urge the district to remove “R” metal halide bulbs and replace the bulbs with a different type that does not cause burns.

· Call your legislator to ask that manufacturers be held accountable for products that pose a public danger, and to repeal the SOUR law that limits accountability for products older than 10 years.

· Be aware of symptoms such as swollen eyes, skin irritation and other sunburn-like irritations. If these occur after being in an indoor setting, notify the property manager, your doctor and Oregon OSHA.

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For more information:

www.uvlightburns.com - the public advocacy website set up by Kellie and Joel LaFollette to have the dangerous halide bulbs removed from the Oregon marketplace.

Follow this link for the FDA public health warning.