Yes, there may be a few who may respond that way because potential
criminal conviction is obviously serious.

However, the PIs cannot escape potential civil suit for wrongful death
outside California and such suits could be truly financially devastating
as well as a huge reputational risk.

And ... isn't the idea prevention, i.e., make sure your research group is
properly trained and equipped ... most likely less effort that picking up
roots and moving.

As health & safety professionals we do have a role (preaching to the choir
here) to provide the assistance, guidance and oversight so that they don't
feel compelled to leave.

Kevin

Kevin Creed

Manager, ChemTracker Program

Stanford University

EH&S

480 Oak Road

Stanford, CA 94305-8007

office: 650-723-4767

cell: 408-529-0724

-----Original Message-----
From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf
Of Koza, Mary Beth Christine
Sent: Tuesday, August 27, 2013 1:31 PM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: Re: [DCHAS-L] Judge denies three Harran defense motions

I agree with that statement.

-----Original Message-----
From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf
Of William Hoyt
Sent: Tuesday, August 27, 2013 4:21 PM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: Re: [DCHAS-L] Judge denies three Harran defense motions

Wouldn't a conviction make all PIs, not just most, safer?

-----Original Message-----
From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf
Of Russell Vernon
Sent: Tuesday, August 27, 2013 10:41 AM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: Re: [DCHAS-L] Judge denies three Harran defense motions

Assuming this case ends up with a conviction that stands on appeal, I
expect a large brain drain out of California...
We have the ONLY state of which I am aware with a law that criminalizes
failure to follow occupational health & safety code...

-Russ

Russell Vernon, Ph.D.
Director
Environmental Health & Safety
University of California, Riverside
900 University Ave
Riverside, CA 92521
www.ehs.ucr.edu
russell.vernon**At_Symbol_Here**ucr.edu
Direct (951) 827-5119
Admin (951) 827-5528
Fax (951) 827-5122

Taking a trip overseas?
Access Location Intelligence: https://ermsp.ucop.edu/uctrip and enter your
UC Net ID

-----Original Message-----
From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf
Of Ralph B. Stuart
Sent: Tuesday, August 27, 2013 4:27 AM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: [DCHAS-L] Judge denies three Harran defense motions

http://cenblog.org/the-safety-zone/

A Los Angeles County Superior Court judge today denied three defense
motions that could have dismissed a criminal case against University of
California, Los Angeles, chemistry professor Patrick Harran. With the
rulings going against the defense, the case moves closer to trial. The
judge set the next court date for Oct. 3. Harran could go to trial within
60 days of that date.

Harran faces four felony charges of violating the state labor code. The
charges stem from the death of research assistant Sheharbano (Sheri)
Sangji after a 2008 fire in Harran's lab. In November and December, 2012,
Judge Lisa B. Lench heard testimony in a preliminary hearing on the case.
She ruled in April that there was sufficient evidence to send the case to
trial. After the preliminary hearing, the case was sent to Judge George G.
Lomeli for trial.

Before today's hearing, Harran's attorneys submitted three motions: one
asking the judge for a so-called Franks hearing, another called a
demurrer, and a third to dismiss the charges based on lack of probable
cause. The district attorney's office replied to each motion, and the
defense then responded in writing to those replies.

More at the site above...

- Ralph

Ralph Stuart CIH
Chemical Hygiene Officer
Department of Environmental Health and Safety Cornell University

rstuart**At_Symbol_Here**cornell.edu

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