My colleagues and I have investigated more than a thousand fatal and catastrophic accidents, mostly in the manufacturing and extractive industries, including some in industrial labs. We also represent staff and faculty is several universities and colleges, so we are familiar with the safety issues in academic labs. Paul is right that the facts of each case are unique, and the matrix of causes and contributing factors is complex. However, the assignment of responsibility is far more simple. Employers are responsible for ensuring a safe workplace. Period. That means identifying the hazards; ensuring that those hazards are addressed through adequate controls including, but not limited to, supplying PPE; and providing suitable training that goes beyond mere procedures and conveys a deep understanding of safety. The responsibility is the same whether it's the University of California or ExxonMobil. It's true whether the employee is a chemical worker or a graduate assistant. Professor Harran and the Regents failed to live up to their responsibilities. They were properly charged.

Further, it's accurate but misleading to say that the charges were dismissed. The charges were due to be dismissed if Prof. Harran completed the steps required by the plea agreement. To his credit, he did so early. The judge then fulfilled the State's part of the agreement. That in no way exonerates Prof. Harran or the University.

Our own investigations are about causation and prevention, not guilt. We believe in accountability, and we support civil and criminal penalties where they are appropriate - as I would argue they are here. But that's not our goal. The real issue is how we prevent such tragedies in the future. And from what I seen, academic labs have a ways to go. I don't know any industrial lab director who would claim that he or she is not responsible for safety. PIs are equally responsible. We won't make progress where they don't acknowledge it.

Mike Wright

Michael J. Wright

Director of Health, Safety and Environment

United Steelworkers

412-562-2580 office

412-370-0105 cell

"My friends, love is better than anger. Hope is better than fear. Optimism is better than despair. So let us be loving, hopeful and optimistic. And we'll change the world."

Jack Layton

From: ACS Division of Chemical Health and Safety [mailto:DCHAS-L**At_Symbol_Here**PRINCETON.EDU] On Behalf Of Harrison, Paul
Sent: Friday, October 05, 2018 12:16 PM
To: DCHAS-L**At_Symbol_Here**PRINCETON.EDU
Subject: Re: [DCHAS-L] Charges Dropped Against UCLA Professor In Deadly Lab Fire

Oh, if only it were so simple! Why do more and more people seem to believe that things are black or white? This tragedy has been investigated so thoroughly BECAUSE it is a very complex and unique situation. The result is not "right" or "wrong" but the sum of multiple considerations. It is overly simplistic to say that "PIs are always responsible" or to state that they should never be. The next event will be different (and hopefully less tragic) but there will be a whole new set of considerations, another set of lawyers.... and so it goes. We can either study each event in depth and with consideration of all the arguments, or just hope that others will do so, but I do not buy that we can or should weigh in with unconsidered generalizations.

Paul

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From: ACS Division of Chemical Health and Safety [DCHAS-L**At_Symbol_Here**PRINCETON.EDU] on behalf of Reinhardt, Peter [peter.reinhardt**At_Symbol_Here**YALE.EDU]
Sent: October 5, 2018 9:14 AM
To: DCHAS-L**At_Symbol_Here**PRINCETON.EDU
Subject: Re: [DCHAS-L] Charges Dropped Against UCLA Professor In Deadly Lab Fire

Readers of this list may find interesting (or depressing) the comments posted at the on-line version of this article.

https://cen.acs.org/safety/lab-safety/Charges-dropped-against-UCLA-chemistry/96/web/2018/09?utm_source=NonMember&utm_medium=Newsletter&utm_campaign=CEN

There remains a large number of academic PIs who believe that Harran was a scapegoat and PIs should not be held responsible for laboratory accidents. I disagree, but I heard this sentiment from quite a few of them.

Pete Reinhart, Yale EHS

-----Original Message-----
From: ACS Division of Chemical Health and Safety [mailto:DCHAS-L**At_Symbol_Here**PRINCETON.EDU] On Behalf Of DCHAS Membership Chair
Sent: Wednesday, September 12, 2018 7:27 AM
To: DCHAS-L**At_Symbol_Here**PRINCETON.EDU
Subject: [DCHAS-L] Charges Dropped Against UCLA Professor In Deadly Lab Fire

https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fpatch.com%2Fcalifornia%2Fcenturycity%2Fcharges-dropped-against-ucla-professor-deadly-lab-fire&data=02%7C01%7Cpeter.reinhardt%40yale.edu%7C8fec6d9f22ee476013f508d618a39a5d%7Cdd8cbebb21394df8b4114e3e87abeb5c%7C0%7C0%7C636723488280568065&sdata=d8qtuWquEc4nGA3DteEpcsYdj7hiFlEeqgWHyY9ZFwE%3D&reserved=0

LOS ANGELES, CA - Criminal charges stemming from a 2008 laboratory fire that killed a research assistant were dismissed against a UCLA chemistry professor last week, nine months earlier than expected and over the objection of prosecutors, the District Attorney's Office confirmed Tuesday.

Patrick Harran entered into a five-year deferred-prosecution agreement with the District Attorney's Office in 2014. Under the agreement, Harran was ordered to meet a series of requirements, including 800 hours of non- teaching community service at the UCLA Hospital System/UCLA Health Services.

Although that agreement was not scheduled to end until next June, Los Angeles Superior Court Judge George Lomeli ruled during a hearing last Thursday that Harran had already met all the terms of the agreement, and he dismissed the criminal case against him, according to the District Attorney's Office.

Greg Risling, spokesman for the District Attorney's Office, said prosecutors objected to the dismissal, which was granted "nine months earlier when the case was set to be dismissed."

Harran, who still works at UCLA, did not immediately respond to a request for comment.

===

Slightly more information available at

https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmynewsla.com%2Fcrime%2F2018%2F09%2F11%2Fcharges-dismissed-against-ucla-professor-over-deadly-2008-lab-fire%2F&data=02%7C01%7Cpeter.reinhardt%40yale.edu%7C8fec6d9f22ee476013f508d618a39a5d%7Cdd8cbebb21394df8b4114e3e87abeb5c%7C0%7C0%7C636723488280568065&sdata=XAiJNzxi2bJ6Qpym1WJ%2FWTEECX7FHujpzTl0ENHmqmE%3D&reserved=0

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