Fall 2011 / VOL 2 ED 4
thesafetyreport.com
BULLYING:
The Makings of an
EPIDEMIC
THE NEXT DRUG TREND + READY FOR FOOTBALL SEASON?
or - TREAT SAFETY + CRIB SAFETY 101
A ‘GROWING’ PROBLEM - Childhood Obesity + TRICK-
PUBLISHER Tom Young tyoung@thesafetyreport.com
from the publisher»
MANAGING EDITOR Stephanie Andre sandre@thesafetyreport.com ADVERTISING INFORMATION advertising@thesafetyreport.com
Oscar Wilde once said, “With age, comes wisdom.” I believe that to be true for many things — even our very own magazine. As we finish our second year of publishing The Safety Report, I can tell you that we have learned many things. To that end, I am pleased to share with you some changes that we believe will bring about a more enjoyable and educational experience for you, our readers. Perhaps the greatest change you’ll notice is in our clear devotion to serious, more indepth reporting within our cover section (beginning on page 32). For example, this issue’s focus — bullying — takes a deep look into the who, what, when, where, why and how bullying happens … and what we can all do to stop the cycle. Here, you’ll find helpful tips and advice on the ins and outs of cyberbullying, what to do if you suspect your child is being bullied, how to talk to your kids and what to do if your child is the bully. You’ll also learn about some of the organizations that are working to combat this growing problem — STOMP OUT Bullying and No Bully. Something else you may notice is the introduction of more formalized magazine sections: Health & Wellness, Out & About, Home & Family and On the Road. We hope these new sections will help you more easily navigate the magazine and find the stories that interest you most. Lastly, we’ve made a concerted effort to bring you more articles that offer tangible, useful information you can use in your everyday lives. From diet and exercise to parenting — including childhood obesity, teen drivers, infants and more — our goal is to provide you with as much information as we can so you and your loved ones can stay safe. We believe these changes are a great step in the evolution of The Safety Report, but we want to hear from you. Email our managing editor, Stephanie Andre (sandre@thesafetyreport.com), and let us know your thoughts. Best wishes for a safe and festive fall,
209 South Howard Avenue Tampa, FL, 33606 (813) 225-1313
CONTRIBUTING WRITERS Mark Bello / Michael Brandner Pete Burns / Linda J. Chalat Larry E. Coben / Jim Cole Michael Cowen / Tom D’Amore Samuel L. Davis / Allison DeVilliers Henry “Hank” Didler Jr. / Pierce Egerton Brett Emison / Joel Feldman Bret Hanna / Tor Hoerman Wayne Hogan / T. David Hoyle Mark Kitrick / Craig Kelley Doug Landau / Jon Lewis Wendi Lewis / Robyn Madden Noble McIntyre / David Mittleman Brian Nettles / Wayne Parsons Alan Perkins / Michael G. Phelan Emily Hawk Raley / Will Sciba
Publisher, The Safety Report
Bryan Slaughter / Pete Strom Jerry Trachtman / Mario Vittone Jeff Weinstein
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table of
CONTENTS fall 2011
O N TH E COVE R
13.
21.
Are You Ready for Some Football?
‘Bath Salts’: The Next Drug Trend?
F EAT U RED
23. Trick-or-Treat
32 Bullying: The Makings of an Epidemic Nerd. Fat. Weird. Loser. Dork. Ugly. Freak. ... The list goes on and on. These are derogatory labels teens regularly use to belittle and intimidate others. This is bullying. In this issue’s cover spotlight, we break down the various types of bullying, what parents and schools should be doing about it and how we all, as a society, can stop it. Plus, we also take a more indepth look at hazing, a sometimes-deadly component of bullying, starting on page 38.
04.
Breast Cancer Awareness — Start Early
11.
Is a Low-Carb Diet the Right Way to Go?
14.
A ‘Growing’ Problem - Childhood Obesity
16.
Pregnancy & Antidepressants: Know the Facts
27.
Bounce House Blitz
28.
12 Gift-Giving Tips for the Cyclist in Your Life
43.
How to Ensure Your Baby Formula is Safe
46.
Grieving: 5 Ways to Offer Support
48.
It’s Tough Raising a Kid These Days
49.
On Campus: Fire Safety Rules
53.
Get Your Car Cold-Weather Ready
57.
Hit the Brakes on Distracted Driving … Before It’s Too Late
58.
Commentary: Standing My Ground on Teenage Drivers
H&W HEALTH & WELLNESS
breast cancer awareness
START EARLY
By Wayne Parsons
October is National Breast Cancer Awareness Month, yet many people are still not aware of how to check for risk factors or how the disease is treated. This is all despite the fact that breast cancer is the second most common cause of death from disease — next to skin cancer — and the first among women. Following is a list of factors to look for, according to the Mayo Clinic: »A breast lump or thickening that feels different from the surrounding tissue »Bloody discharge from the nipple »Change in the size or shape of a breast
»Changes to the skin over the breast, such as dimpling »Inverted nipple »Peeling, scaling or flaking of the nipple or breast skin »Redness or pitting of the skin over your breast, like the skin of an orange Late diagnosis still remains the biggest factor in determining survival. Cancer is a race against time. Every woman — starting in her teenage years — should have a plan for breast cancer awareness.
Types of Breast Cancer Most breast cancer is classified as ductal carcinoma — cancer that occurs in the milk ducts in the breast. As science advances its understanding of cancer at the cellular and genetic levels,
THESAFETYREPORT.COM / 05
of drugs called PARP inhibitors, including the more familiar Olaparib. Some chemotherapy drugs kill most of the cells they encounter and, thus, can only be administered in limited doses. Targeted drugs hope to lessen the impact by going directly to the cancer cells. Most breast cancer patients undergo surgery to remove a tumor or have the entire breast removed followed by chemotherapy and sometimes radiation. Surgery options include: »Mastectomy – The entire breast is removed. »Lumpectomy – An individual tumor and the surrounding area (margin). »Sentinel node biopsy – The lymph node that drains the tumor site is removed. »Axial lymph node dissection – If the sentinel lymph node has cancer then the series of nodes under the armpit are removed. However, be aware that this does not improve survival in cases of early detection, lumpectomy, chemotherapy and whole-breast radiation, according to the Mayo Clinic.
Chemotherapy & Radiation
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Chemotherapy can be given before and/or after surgery. The goal is to kill cancer cells in the breast tumors as well as those that may have moved outside the breast into other parts of the body through the lymph system. The drugs used change frequently as research unveils new treatments. Radiation can be done via two different methods: an external beam directed at the tumor site or by placing radioactive agents into the tumor site. The latter — called brachytherapy — allows for higher doses of radiation with less damage to surrounding tissue. However, some hospitals may have older machines, so it is best to ask your doctor about treatment at a cancer center that offers newer and more
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For more information, visit Susan G. Komen for the Cure (www.komen.org) or the National Breast Cancer Foundation (www.nationalbreastcancer.org). — Wayne Parsons is an attorney with Wayne Parsons Law Offices in Honolulu, Hawaii.
Standard Treatment
many variations of breast cancer are being identified, including “triple negative” (missing hormone receptors or HER2 receptor in the cancer cells) or “basallike” breast cancers. Familial breast cancers are identified by certain gene mutations in the cancer cells, such as BRCA mutations. The latter are being studied for treatments targeting such mutations with a class
advanced equipment.
DON’T GIVE UP » Editor’s note: Below is a commentary by Wayne Parsons. The opinions expressed here are those solely of the author. To the women who are facing or may face a bad prognosis, be aware that many local oncologists are unlikely to know about current state-of-the-art treatments being offered at top cancer centers, such as the Mayo Clinic, Johns Hopkins Hospital, Anderson Cancer Center, the Moffett Center & Institute and other centers of the like. I learned this firsthand when my wife contracted a rare form of cancer (not breast cancer) a few years ago. Our doctors did not inform us about treatments that were available at other centers. I found the other treatment centers myself — on the Internet and in discussion forums. When I found a new treatment and asked the local doctor about it, I was given a negative response — even though I later found out that the treatments were often saving lives. Do not accept a death sentence from any doctor without doing your own research and asking tough questions. With the Internet, we can all do that now. Look for breast cancer patient discussion forums. They are marvelous sources of support and information, and offer everything from novel treatments to questions to ask of doctors.
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H&W HEALTH & WELLNESS
RESEARCHERS: Toner Shoes Are Well-Marketed, Poorly Designed
By Brett Emison
Called by one reviewer as the “World’s Smallest Gym,” toner shoes are now the fastest-growing segment in the footwear industry. Shoe companies claim the shoes’ design tones legs and boosts the benefits of walking. In fact, with well-known spokespeople pitching the product — including sports greats Joe Montana, Wayne Gretzky and Karl Malone, and the increasingly popular Kim Kardashian — the toner shoe market tripled last year alone. Collectively, shoe manufacturers have released more than 60 different toner shoe options. The shoes seem to have become accepted by the public as a legitimate way to stay in shape; however, recent studies say otherwise. The American Council on Exercise conducted an independent study that showed “no evidence to support claims that these shoes help wearers exercise more intensely, burn more calories or improve muscle strength and tone.” Additional research conducted by the Society of Chiropodists and Podiatrists support the conclusion that the shoes have minimal toning effect. Professor John Porcari, a sport science specialist at the University of Wisconsin, told the Daily Mail (U.K.) that people mistakenly
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think the shoes are working because of the pain they feel in their muscles when wearing the shoes. Results like this led to a class-action lawsuit against shoe manufacturer New Balance for using deceptive marketing tools to pitch toner shoes. While the shoes’ health benefits may be uncertain, toner shoes certainly do create health risks. Consumer Reports Health recently analyzed a product complaint database and found 36 people had reported injuries associated with toner shoes during just three months in 2011. The number of toning shoe complaints was far greater than any other single type of product. In one ABC News report, an individual suffered a broken bone after just 45 minutes in the shoes. Unfortunately, these injures are not surprising to many health care professionals, as toning shoes are designed to create instability. Orly Avitzur, MD, medical advisor to Consumer Reports Health, concluded that anyone with balance issues, back pain, neuropathy or unstable ankles should not wear toner shoes. However, the toning shoe danger is not limited to individuals with balance issues. Even young people in good shape have reported problems with toner
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shoes. A test by the American Academy of Podiatric Sports Medicine and American Council on Exercise showed prolonged use can lead to material alteration of individual walking gait mechanics. This is particularly concerning, considering the industry’s new marketing campaign push toward preteens. In response to the Consumer Reports Health report, Skechers, a leading toner shoe manufacturer, dismissed the risk and danger to its customers: “Like other shoes that have natural built-in instability, like high heels or roller blades or roller skates, Shape-Ups are slightly unstable. That’s what gets you the fitness benefit. But you have to follow the instructions. That’s why every box of Shape-Ups comes with written instructions and a video telling you how to use the product.” Regardless of what the manufacturers say, be an educated consumer. Learn all you can about toner shoes and then make a decision about whether or not you want to take on the risks associated with these shoes. — Brett Emison is a partner at Langdon & Emison in Kansas City, Missouri.
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THESAFETYREPORT.COM / 07
Health 101 DO YOU UNDERSTAND
CEREBRAL PALSY? By David Mittleman
Additionally, some medical literature describes other categories of cerebral palsy; any individual patient may have symptoms consistent with more than one variation of the condition. Thus, these categories are helpful but not necessarily definitive.
Health Care The effects of cerebral palsy on the health care system are difficult to fully calculate. In many cases, patients need around-the-clock, skilled nursing care. Families often have difficulty obtaining these services, let alone paying for them. Even relatively mild cases require anti-spasm medications, braces, walkers, canes and more. With no cure currently available, these costs are incurred throughout the lifetime of the patient.
Advances in Medicine
Cerebral palsy is defined by the National Center for Biotechnology Information as a “condition, sometimes thought of as a group of disorders, that can involve brain and nervous system functions such as movement, learning, hearing, seeing and thinking.” Symptoms range from simple lack of fine muscle coordination to an inability to maintain balance or walk. The condition is often accompanied by other medical complications, including seizures and developmental delays.
The Cause Cerebral palsy can be caused by a number of different events, some of which may occur before, during or after birth. In some cases, the condition may result from a combination of events occurring at all three stages of the birth process. However, premature infants have a slightly higher risk of developing cerebral palsy, according to NCBI. Cerebral palsy also may occur during early infancy as a result of conditions,
including: • Bleeding in the brain • Brain infections (encephalitis, meningitis, herpes simplex infections) • Head injury • Infections in the mother during pregnancy (rubella) • Severe jaundice
Condition Types Generally speaking, cerebral palsy is divided into three distinct types: • Ataxic, which is characterized by low muscle tone and shaky, unsteady movements • Choreoathetoid, in which the limbs, trunk and face muscles move spontaneously and without voluntary control • Spastic, the most common type (afflicting about 70 percent of individuals with cerebral palsy), in which muscles remain stiff and tense, severely limiting movement From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2405
Recent advances in medical science — including stem cell use — have brought a glimmer of hope to families affected by the condition. For example, preschooler Sasha Browne received an injection of her own stem cells, taken from her umbilical cord shortly after birth. Sasha, now 4, is able to walk, talk and interact with others much better than her doctors ever expected had she not received the treatment. While we are a long way from making cerebral palsy a thing of the past, we are coming closer to fully understanding the condition. For more information, please visit www. ninds.nih.gov/disorders/cerebral_palsy. — David Mittleman is an attorney with ChurchWyble PC in Lansing, Michigan.
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H&W HEALTH & WELLNESS
Oh, My Aching Back!
STEPS TO RELIEVE BACK PAIN By Robyn Madden
THESAFETYREPORT.COM / 09
M
illions of Americans suffer from back pain at some point in their lives. That stat’s not surprising, considering almost everything we do requires us to use your backs. According to Discovery Health, approximately 60-90 percent of all Americans will experience at least one back injury in their lives. Half of these people will experience multiple episodes of back problems. Back pain ranges from dull and achy to stiff and sharp and can be acute, chronic or recurrent acute. Fortunately, back problems are rarely the result of a single activity or accident and result over time from pulling, straining, stretching or spraining. Pinpointing the source of the pain can be problematic as it can originate from muscle, soft tissue, ligaments, cartilage, discs and nerves. Other times, the source of an injury is obvious, such as a car wreck or isolated injury. To help minimize potential back pain issues, heed this advice: Avoid exerting too much force on your back. Lifting or moving heavy objects can cause injury. When lifting, kneel down on one knee with the other foot flat on the floor as near as possible to the item you are lifting. Lift with your legs and not your back, keeping the object close to your body at all times. Ask someone for help and remember that pushing is better than pulling a heavy object. Modify any repetitious activity. Repeating certain movements can lead to muscle fatigue or injury, particularly if you’re stretching to the limit of your range of motion or using awkward body positioning. Think about how you can modify repetitive tasks at work to reduce physical demands on your body. Use lifting devices or adjustable
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equipment to help you lift loads. If you’re on the phone most of the day, try a headset. If you work at a computer, make sure that your monitor and chair are positioned properly. Avoid unnecessary bending, twisting and reaching. Limit the time you spend carrying heavy briefcases, purses and bags. Consider using a rolling suitcase.
Back problems are rarely the result of a single activity or accident and result over time due to pulling, straining, stretching or spraining. Be careful when sitting and standing. Slouching exaggerates your back’s natural curves, which can lead to muscle fatigue and injury. When standing, keep one foot forward of the other, with knees slightly bent, to take the pressure off your lower back. When you are sitting, keep your knees slightly higher than your hips to provide good lower back support. Sleep on your side. Sleeping on your back puts 55 pounds of pressure on your back. Putting a couple of pillows under your knees cuts the pressure in half. Lying on your side with a pillow between your knees also reduces the pressure.
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Use a stool to reach anything higher than shoulder level. Manage and address your stress. Professional and personal stress can lead to muscle tension and tightness, which can contribute to or worsen back pain. Use positive coping mechanisms — such as deep-breathing exercises, taking a walk around the block or talking about your frustrations with a trusted friend — to handle stress in a healthy way. Stay active. Maintaining a healthy weight minimizes stress on your back, and exercise can strengthen your back and stomach muscles. For most healthy adults, the Department of Health and Human Services (HHS) recommends at least 150 minutes a week of moderate aerobic activity or 75 minutes a week of vigorous aerobic activity — preferably spread throughout the week — and strength training exercises at least twice a week. Minimize hazards. Falls can seriously injure your back. Remove anything from your work space that might cause you to trip. Consider wearing lowheeled shoes with nonslip soles. Listen to your body. If you must sit or stand for a prolonged period, change your position often. Try taking a 30-second break every 15 minutes to stretch, move or relax. Or, stand up, stretch and change positions each time you answer the phone, make a call or do another routine task. If you smoke, stop. Nicotine restricts the flow of blood to the discs that cushion your vertebrae, increasing the likelihood you will suffer back pain. If you suffer from back pain, seek the advice of your family doctor. — Robyn Madden is an attorney with the Strom Law Firm in Columbia, South Carolina.
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H&W HEALTH & WELLNESS
By Samuel L. Davis
No longer is bullying is confined to the schoolyard. An intellectual bullying has been going on in this country for years and the number of victims reaches to the hundreds of thousands. Who are the culprits? Big Pharma and its close cousins, the medical device manufacturers. Hospitals are the new playground for these corporate bullies. With hospi-
on a product being defective, the manufacturer’s first reaction is often to go after the surgeon. The incentive to make the right choice for a patient becomes clouded by conflicts of interest. Unfortunately, the victim is the patient. In a currently pending litigation, doctors who complained about the poor outcomes with a hip replacement manufactured by Zimmer were chided by
increased risk when searching for a hospital, surgeon and device. Here’s how: 1. Do your homework. 2. Make sure your doctor has plenty of experience with the procedure he is recommending. 3. Is he being compensated by the maker of that device? 4. Is your hospital subsidized by that manufacturer?
COMMENTARY: 5 Tips for Dealing with Medicine’s Corporate Bullies
tals hoping to get research dollars from multibillion-dollar manufacturers, pharmaceutical industry sales representatives restrict orthopedists’ choices to use products made by the one or two manufacturers that are supporting the hospital. As big business becomes the benefactor, surgeons choose a manufacturer that has the most money, but is not necessarily making the best device. The consequences for speaking out have become more severe. Any doctor who doesn’t play ball is given unpleasant or inconvenient operating room access. If a surgeon blows the whistle
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the maker for having used poor surgical technique. Zimmer shrugged off reports of device failure and rejected the possibility of a hip replacement recall. While Zimmer blamed poor surgical technique, the hip implant had serious complications, including failure of hip implant to bond with bone, unexpected movement of joint in hip socket, loosening of the hip implant and damage to the surrounding bone. In July 2008, the company announced a suspension in sales of the product, but never issued a formal hip recall. It is possible to avoid being at
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2407
5. Does the hospital have low infection rates? Be a proactive patient and demand independent judgment and a high standard of care. It will increase your odds for a successful surgery. While it may be just as intimidating to question a surgeon as it is to stand up to a schoolyard bully, when you or a loved one’s health is on the line, it is time to put the proverbial recess renegade in his place. — Samuel L. Davis is founding partner of Davis Saperstein & Salomon in Teaneck, New Jersey.
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THESAFETYREPORT.COM / 11
By Stephanie Andre
Is a Low-Carb
DIET the Right Way
TO GO?
T
he holidays will soon start approaching. As will the holiday meals … and the calories that come along with them. With boatloads of foods, such as breads, starchy vegetables and more, it’s easy to head toward carbohydrate overload and straight off your diet. To avoid a complete diet meltdown, you might want to look into a low-carb diet, designed to limit carbs and emphasizes sources of protein and fat. Many types of low-carb diets exist, each with varying restrictions on the types and amounts of carbohydrates. However, understand that going on such a diet will limit/eliminate certain foods from your diet that most would deem healthy, such as fruits and vegetables.
Carb Breakdown Carbohydrates are found in grains, dairy products, fruits, vegetables and legumes (beans and peas). They’re also found in sugar and sweets. For most people, carbohydrates serve as a primary source of energy. During digestion, your body converts carbohydrates into sugar. As your blood sugar level rises, so does your insulin level. Insulin drives blood sugar into your cells to provide energy. Extra sugar is stored in your liver and muscles as glycogen.
According to the Mayo Clinic, the theory behind the low-carb diet is that insulin prevents fat breakdown in the body by allowing sugar to be used for energy. Proponents of the low-carb diet believe that a decrease in carbs results in lower insulin levels, which causes the body to burn stored fat for energy. Still, research suggests that any weight loss from a low-carb diet probably isn’t related to blood sugar or insulin levels.
What You’re Eating In general, a low-carb diet focuses on meat, poultry, fish, eggs and some nonstarchy vegetables. A low-carb diet is likely to promote weight loss — at least at first. Contributing factors may include: • Loss of water weight. Low-carb diets often have a diuretic effect. • Increased feeling of fullness. A low-carb diet is relatively high in fat and protein. Since fat and protein take longer to digest than do carbs, you may feel fuller longer. • Reduced calories. A low-carb diet strictly limits the variety of foods you eat. This generally results in fewer caloFrom your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2408
ries overall. Long-term weight loss success depends on the individual, however. Abandoning a low-carb diet and returning to your previous eating habits may result in weight gain.
Watch What You Eat Being on a low-carb diet still means watching what you eat. A number of foods that work well for a low-carb diet are high in saturated fat and cholesterol. This can increase the risk of heart disease and perhaps some types of cancer, according to the Mayo Clinic. What’s more, if your diet is lacking in fruits, vegetables and whole-grain foods, you may not get enough fiber — which can contribute to constipation and other gastrointestinal problems.
THE VERDICT? So, will you lose weight on a low-carb diet? Yes. Will it last? Maybe not … unless you change your lifestyle. In the end, eating in moderation and watching portion control is key. Don’t forget — exercise is vital toward longterm health and weight control.
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H&W HEALTH & WELLNESS
sleep apnea kills
By Jim Cole and Will Sciba
Did you know that at least one-third of commercial truck drivers suffer from at least a mild case of sleep apnea? That’s according to a number of studies, including one by the Federal Motor Carrier Safety Administration (FMCSA). But, before we start talking about truck drivers, we have to first get to the root of the problem: do you know what sleep apnea is? It occurs when the muscles in the back of the throat relax too much to allow for normal breathing. When this happens, typically, the person wakes up. In fact, people with severe sleep apnea may wake up hundreds of times a night. The result is inadequate sleep, excessive daytime sleepiness, drowsiness and fatigue. Sleep apnea is most prevalent among males over 40 years old that are overweight and live a sedentary lifestyle. These factors are prevalent among truck drivers. Signs and symptoms include: » Loud snoring » Abrupt awakenings accompanied by shortness of breath » Observed episodes of breathing cessation during sleep » Gasping and snorting » Difficulty staying asleep » Excessive daytime sleepiness » Forgetfulness » Trouble concentrating While anyone can have sleep apnea,
risk factors include: Obesity – More than half the people with sleep apnea are overweight. Age – People over 40 are more likely to suffer from the disorder. Male – Men are generally twice as likely as women to have sleep apnea. A large neck – For men, this would be larger than 17 inches; for women, larger than 15 inches. High blood pressure – Sleep apnea is common among people with hypertension. Smoking – Smokers are nearly three times more likely than nonsmokers to have sleep apnea. Use of alcohol, sedatives or tranquilizers – These may relax the muscles in the throat. Your body – Having large tonsils, a large tongue or a small jaw bone. Family history – Your lineage can have some effect on whether or not you have the disorder. Nasal obstruction – If you have a deviated septum, allergies or sinus problems, you may be more prone to the disorder. Considering the number of drivers on the road and the associated risk, sleep apnea is a problem — for both the trucking industry and the traveling public. From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2409
According to studies conducted on both the U.S. and Canadian drivers, patients with sleep-disordered breathing were 2.5 times more likely to have automobile accidents. What’s more, when you apply those numbers to the trucking industry, it’s estimated that 20-30 percent of accidents involving tractor-trailers are sleep related. In fact, one study found that drivers with sleep apnea are three to five times more likely to be involved in a head-on collision. For proper diagnosis, a person should have a sleep study. This normally involves overnight monitoring of breathing and other bodily functions. There are several common treatments including surgery, the use of an oral appliance or the use of a continuous positive airway pressure (CPAP). Use of a CPAP machine is the most common treatment and is often effective in controlling sleep apnea. Making this change is necessary to the safety of truck drivers and all others on the road. A driver who is being successfully treated for sleep apnea is qualified to drive. — Jim Cole and Will Sciba are with Cole, Cole & Easley in Victoria, Texas.
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THESAFETYREPORT.COM / 13
‘Bath Salts’ THE N E X T D R U G T R E N D ?
By Pete Strom
For many parents, the primary concerns for their teenagers are underage drinking and alcohol or drug abuse. While alcohol and drug abuse continue to be a problem, parents should also be aware of a new, readily available — and surprisingly legal — drug that is gaining extensive popularity. It’s known as “Bath Salts.” Bath Salts are packets of white powder with innocuous names like Vanilla Sky, Ivory Wave and White Rush. The packets, which are usually smoked or snorted, produce a meth-like high and violent behavior in users. Surprisingly, this dangerous and highly addictive recreational drug is sold at gas stations and convenience stores as well as on the Internet. Bath Salts have made their way to much of the Southeast. The designer drug has gained widespread popularity and has already been banned in North Carolina and Florida. While many states are acting quickly to ban access, the drug remains readily available. Some health professionals claim the effects of the powders are as influential as abusing methamphetamines. According to reports, the chemicals can cause
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hallucinations, paranoia and rapid heart rates, as well as suicidal thoughts. The drug is easy to get a hold of, costing about $25 at convenience stores, and can cause serious health problems. The Centers for Disease Control and Prevention (CDC) warns that, “unlike traditional cosmetic bath salts, which are packaged and sold for adding to bath water for soaking and cleaning, the drugs sold as ‘Bath Salts’ have no legitimate use for bathing and are intended for substance abuse.” The active ingredient in Bath Salts is a chemical called MDPV, which is similar to cathinone, a compound found in a plant called Khat that produces leaves that are chewed in Africa. However, unlike organic cathinone, Bath Salts are synthetic drugs made in a lab. Traumatic stories of overdoses have been circulating the country as the drug becomes more controversial. In Panama City, Florida, multiple officers were needed to restrain a man who tore a radar unit out of a police car with his teeth. In Mississippi, a man got high on the chemicals and took his skinning knife and
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2410
slit his face and stomach repeatedly. All across the nation — from the Southeast to California — emergency calls have been reported for people using the stimulants. Poison centers across the country have reported growing numbers of calls about the synthetic stimulant. The stimulants in Bath Salts are not regulated by the U.S. Drug Enforcement Administration (DEA); however, they will likely face federal scrutiny. Even though abuse of Bath Salts is becoming more popular, it is difficult to combat the problem since the drug is still legal in many states. The Associated Press reported that Gary Boggs, an executive assistant at the DEA, said there is a long process to restrict designer drugs such as Bath Salts. Unfortunately, he said it is a process that can take years. In the meantime, parents should be aware of the danger and its convenient accessibility. — Pete Strom is an attorney with Strom Law Firm in Columbia, South Carolina.
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H&W HEALTH & WELLNESS
A ‘GROWING’PROBLEM
CHILDHOOD OBESITY By Stephanie Andre
It’s no secret that today’s kids weigh more than in previous generations. Just ask the Centers for Disease Control and Prevention (CDC). According to its data, approximately 17 percent of children ages 2-19 are obese. In fact, since 1980, obesity in children has almost tripled. But why? Well, for starters, it’s basic math: caloric intake vs. a lack of physical activity. From video games to 24/7 television, children nowadays have many more options for how to spend their time — all without ever leaving the comfort of the couch. What kinds of habits are we teaching our children if we don’t motivate them to play outside with friends or put down the soda? The bottom line is childhood obesity is only getting worse and it’s our job as parents to curb the behavior and teach these children to love their bodies and take care of themselves. Looking for more proof? Following is a list of risk factors from the CDC: Sugar drinks and less healthy foods on school campuses. About 55 million school-aged children are enrolled in schools across the United States, and many eat and drink meals and snacks there. Yet, more than half of U.S. middle and high schools still offer sugar drinks and less healthy foods for purchase. Advertising of less healthy foods. Nearly half of U.S. middle and high schools allow advertising of less healthy foods, which impacts students’ ability to make healthy food choices. In addition, foods high in total calories, sugars, salt and fat — and low in nutrients — are highly advertised and marketed through media targeted to children
THESAFETYREPORT.COM / 15
and adolescents, while advertising for healthier foods is almost nonexistent in comparison. Variation in licensure regulations among child-care centers. More than 12 million children regularly spend time in child-care arrangements outside the home. However, not all states use licensing regulations to ensure that childcare facilities encourage more healthful eating and physical activity. Lack of daily, quality physical activity in all schools. Most adolescents fall short of the 2008 Physical Activity Guidelines for Americans recommendation of at least 60 minutes of aerobic physical activity each day, as only 18 percent of students in grades 9-12 met this recommendation in 2007. In fact, by 2009, only 33 percent attended daily physical education classes. No safe and appealing place, in many communities, to play or be active. Many communities are built in ways that make it difficult or unsafe to be physically active. For some families, getting to parks and recreation centers may be difficult, and public transportation may not be available. For many children, safe routes for walking or biking to school or play may not exist. Half of the children in the United States do not have a park, community center, and sidewalk in their neighborhood. Only 27 states have policies directing community-scale design. Limited access to healthy, affordable foods. Some people have less access to stores and supermarkets that sell healthy, affordable food, such as fruits and vegetables, especially in rural, minority and lower-income neighborhoods. Supermarket access is associated with a reduced risk for obesity. Greater availability of high-energydense foods and sugar drinks. Highenergy-dense foods are ones that have a lot of calories in each bite. A recent study among children showed that a
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high-energy-dense diet is associated with a higher risk for excess body fat during childhood. Sugar drinks are the largest source of added sugar and an important contributor of calories in the diets of children in the United States. High consumption of sugar drinks, which have few, if any, nutrients, has been associated with obesity. On a typical day, 80 percent of youth consume sugar drinks. Increasing portion sizes. Portion sizes of less healthy foods and beverages have increased over time in restaurants, grocery stores and vending machines. Research shows that children eat more without realizing it if they are served larger portions. This can mean they are consuming a lot of extra calories, especially when eating high-calorie foods. Lack of breastfeeding support. Some studies have shown that breastfeeding protects against childhood overweight and obesity. However, in the United States, while 75 percent of mothers start out breastfeeding, only 13 percent of babies are exclusively breast-
fed at the end of six months. The success rate among mothers who want to breastfeed can be improved through active support from their families, friends, communities, clinicians, health care leaders, employers and policymakers. Television and media. Children 8-18 years of age spend an average of 7.5 hours a day using entertainment media, including TV, computers, video games, cellphones and movies. Of those 7.5 hours, about 4.5 hours is dedicated to viewing TV. Eighty-three percent of children from 6 months to 6 years old view TV or videos about one hour and 57 minutes a day. TV viewing is a contributing factor to childhood obesity because it may take away from the time children spend in physical activities; lead to increased energy intake through snacking and eating meals in front of the TV and influence children to make unhealthy food choices through exposure to food advertisements. For more information, visit www.cdc.gov/obesity/childhood.
From video games to 24/7 television, children nowadays have many more options for how to spend their time — all without ever leaving the comfort of the couch.
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H&W HEALTH & WELLNESS
know the facts about
PREGNANCY & AN TI D EP RES S A N T S By Tor Hoerman
Depression is among the most common problems seen in primary-care medicine. According to the American College of Obstericians and Gynecologists (ACOG), reproductive-age women have the highest prevalence of major depressive disorders; approximately 1 in 10 women will have major or minor depression sometime during pregnancy and the postpartum period. For years, doctors have prescribed antidepressants to treat depression. Given these statistics, it should come as no surprise to find a large number of pregnant women worried about the effects of these drugs on their unborn children and confused about their options. Although the Web is filled with support forums for women that find themselves in this situation, the drug companies and the Food and Drug Administration (FDA) have been slow in responding to these women’s pleas for information.
What Happens? Selective serotonin reuptake inhibitors (SSRIs), the most widely prescribed antidepressants, have been known to cause withdrawal symptoms — often severe — when usage is stopped suddenly. Obviously, women should not make the decision to go off these drugs
entirely without first discussing it with their physician. However, recent studies show that staying on these drugs could harm the unborn child. The sad fact is that the public has not been provided with the known risks to unborn children exposed to SSRIs, so a risk-benefit analysis is very difficult — if not impossible — for pregnant women and women looking to become pregnant. During pregnancy, medications taken by the mother can cross the placenta and enter the developing baby’s bloodstream. A medicine’s effect on the unborn baby depends on the medication and the trimester in which the medicine is taken.
Drugs and Their Effects In order to assist pregnant women with their decisions about whether or not a drug could be harmful to her fetus or newborn, the FDA provides drug categories based on information the agency has gathered in initial studies and as a result of information the drug companies provide. The five categories are divided as A, B, C, D and X, with A being the weakest warning and X being the strongest (see sidebar). Most SSRIs are Category C, which generally means
THESAFETYREPORT.COM / 17
SSRIs (selective serotonin
FDA Use-in-Pregnancy Ratings
reuptake inhibitors)
they are neither safe nor unsafe for use in pregnancy. The exception is Paxil, which is a pregnancy category D medication. Historically, Paxil has received the most attention regarding injuries relating to its use during pregnancy. Studies have concentrated on the effects that Paxil has had on the unborn child, rather than the other SSRIs. In fact, the ACOG recommends that Paxil should be avoided, when possible, by pregnant women or women planning to become pregnant due to the potential risk of fetal harm. That said, researchers are quickly learning more about each of the SSRIs and the effects they could potentially have on unborn children. Early studies led researchers to believe that injuries from fetal exposure to SSRIs were limited to the lung and heart. But recent studies link many more life-altering and debilitating defects to the usage.
Feelings of Guilt Often, mothers feel an immense sense of guilt when they think that something they ingested during pregnancy may have caused these injuries/defects. This guilt, while understandable, is misplaced. The guilt should be on those that did
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Category B » These drugs are frequently used during pregnancy and do not appear to cause major birth defects or other problems. Category B includes some antibiotics, acetaminophen (Tylenol), aspartame (artificial sweetener), famotidine (Pepcid), prednisone (cortisone), insulin (for diabetes) and ibuprofen (Advil, Motrin) before the third trimester. Category C » Animal reproduction studies have shown an adverse effect on the fetus and there are no adequate and well-controlled studies in humans, but, potential benefits may warrant use of the drug in pregnant women despite potential risk. Category D » There is positive evidence of human fetal risk based on adverse reaction data from investigational or marketing experience or studies in humans, but potential benefits may warrant use of the drug in pregnant women despite potential risks. Category X » Studies in animals or humans have demonstrated fetal abnormalities and/or there is positive evidence of human fetal risk based on adverse reaction data from investigational or marketing experience. The risks involved in use of the drug in pregnant women clearly outweigh potential benefits.
not properly study and/or disclose the risks associated with their products when
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DEFECTS
linked to the use of SSRIs by pregnant women
Category A » Drugs that were tested and found to be safe during pregnancy. Includes folic acid, vitamin B6 and some thyroid medications in prescribed doses.
» Paxil (paroxetine) » Zoloft (sertraline) » Prozac (fluoxetine) » Effexor (venlafaxine) » Celexa (citalopram) » Lexapro (escitalopram) » Symbyax (olanzapine/fluoxetine) » Wellbutrin (bupropion) » Cymbalta (duloxetine)
INJURIES/BIRTH
» Anencephaly » Autism » Cerebral palsy » Chiari malformation » Club foot » Cleft lip and/or cleft palate » Craniosyostosis » Heart defects, including : • Atrial septal defects • Patent ductus arteriosus • Patent foraman ovale • Tetralogy of fallot • Transposition of the great arteries & bicuspid aortic valve » Ventricular septal defects » Hypospadias » Omephalaocele » Plagiocephaly » PPHN (persistent pulmonary hypertension of the newborn) » Pulmonary stenosis » Respiratory distress » Spina bifida » Tethered spinal cord
used by pregnant women. Furthermore, it is understandable that many women are afraid to stop taking the medication that prevents them from going into depression, especially when that woman is soon to be responsible for a new life. However, if there is any chance that the drug could harm the baby, these women must be advised upfront so they can discuss their medical options with their physician after they have the opportunity to make a decision on their own. — Tor Hoerman is an attorney with TorHoerman Law in Edwardsville, Illinois.
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H&W HEALTH & WELLNESS
TIME FOR FOOTBALL, TIME FOR CONCUSSIONS?
By Emily Hawk Raley
f
or many, fall is synonymous with football. Any level of football, really. Whether it’s your local high school team, the college game or the NFL, the players come into the fall ready, having sweated it out over the summer, preparing for the season to begin. But, as with all sports, safety must be a priority. With football, in particular, there is great concern regarding head injuries — specifically concussion, a traumatic brain injury that can be caused by a bump, blow or jolt to the head and can change the way your brain normally works. Concussions can also occur from a blow to the body that causes the head to move rapidly back and forth. It is important to note that even what seems to be a mild bump or blow to the head can be serious. Penn football player Owen Thomas is a prime example. He hanged himself in April 2010. While Thomas had no history of depression, doctors examined his brain tissue and found he was in the early stages of Chronic Traumatic Encephalopathy (CTE), a degenerative brain disease found in individuals who have been subjected to multiple concussions and other forms of head injuries. According to the New York Times, although the doctors could not con-
A concussion cannot be diagnosed without medical testing. It can be hours or days after the injury before some athletes experience and/or report symptoms. firm that Thomas’ suicide was caused by CTE, they said that a 21-year-old “having developed the disease so early raised the possibility that it played a role in his death, and provided arresting new evidence that the brain damage found in NFL veterans can afflict younger players.” According to his parents, Thomas was never diagnosed with a concussion or complained of headaches. In light of his family’s reports, several doctors said his CTE — whose only known cause is repetitive brain trauma — must have developed from concussions he dismissed or from the thousands of subconcussive collisions he withstood in his dozen years of football, most of them while his brain was still developing. Something important to note: A concussion cannot be diagnosed without medical testing. It can be hours or days after the injury before some athletes
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experience and/or report symptoms. Some people with a concussion recover quickly and fully with no additional problems. But for others, signs and symptoms of concussion can last for days, weeks or longer. To help keep athletes safe from concussion, the CDC provides a free online course to help recognize and respond to potential head injuries. This program — which may be beneficial to coaches, parents and others involved — offers a certificate at course completion as proof of an individual’s readiness to recognize a problem. For more information, visit www.cdc.gov/concussion/HeadsUp/ youth.html. — Emily Hawk Raley is an attorney with Cusimano, Keener, Roberts, Knowles & Raley in Gadsden, Alabama.
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THESAFETYREPORT.COM / 19
STARTING AN EXERCISE ROUTINE? By Stephanie Andre
What’s normal ... and when it’s not safe Swimsuit season may be over, but that doesn’t mean it’s time to give up on getting healthy and maintaining a stable weight. If you’re thinking about starting a new exercise program — or just starting up, period — there are a few warning signs to keep in mind as you navigate through a new routine. Of course, a certain amount of discomfort is bound to be felt as you start up. You can expect to have sore muscles and, quite often, you won’t feel that pain until a few days later. However, there are also some warning signs that shouldn’t be ignored: »Have pain or pressure in the left or middle part of your chest, or in the left side of your neck, left shoulder or left arm »Feel dizzy or sick »Break out in a cold sweat »Have muscle cramps »Feel sharp pain in your joints, feet, ankles or bones »Notice that your heart starts racing or beating irregularly Remember, you should also consult a doctor before beginning any exercise program. This is particularly important if you’re not normally physically active. A doctor can advise you on how to approach a new exercise routine and tell you
what signs to look for if you’re overdoing it. One thing that may help you — both mentally and physically — is to set small goals for yourself. Don’t expect to be able to run a marathon right away … that’s how you’ll get hurt. Start off by setting a goal, for example, of hitting the gym or running three times a week. You should also plan to reward yourself for good behavior, so to speak. It’s easy to get offtrack. Take it day-by-day, always keeping your goals in mind. Another way to prevent injury is to mix up your routine with other exercises. If you run three days a week, consider walking on your off days. Maybe incorporate yoga. Doing so could help you with muscle flexibility, which will also help you prevent injury. Whether you’re starting a new program — or starting all together — keep a healthy mindset and try to have fun.
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20 / THE SAFETY REPORT / FALL 2011
FDA WARNING:
By Mark Kitrick
surgical mesh may not be best route The Federal Drug Adminstration (FDA) recently issued a warning regarding serious complications associated with transvaginal placement of surgical mesh for pelvic organ prolapse. Here’s what you need to know:
and may face unnecessary future surgeries in treating those complications. While its manufacturers have claimed that transvaginal mesh is safe and beneficial, recent clinical studies have proven both of those propositions false. In fact, one clinical POP study was shut down due to the frequency and seriousness of transvaginal mesh’s side effects. The FDA continues to investigate surgical mesh’s possible effects on SUI patients and is expected to convene a panel of obstetrics and gynecology experts in September.
Who’s affected Patients who’ve undergone surgical repair for either pelvic organ prolapse (POP) or stress urinary incontinence (SUI) have suffered serious complications from transvaginal mesh. POP occurs when pelvic organs bulge (or prolapse) into the vagina and is the result of stretched or weakened tissues. SUI involves a leakage of urine during physical activities like exercising or laughing. Transvaginal mesh is often used in surgical treatment for both POP and SUI, although there are much safer and similarly effective alternatives.
The Product Surgical mesh is a medical device that is normally used to repair weakened or damaged tissue. Transvaginal mesh, in particular, is used in urogynecologic surgical procedures. It’s permanently implanted to reinforce the weakened vaginal wall. This mesh is typically employed in procedures to repair POP or to support the urethra in treating SUI. Bard, Tyco and Mentor market these products. Lawyers are also investigating Ethicon, AMS and Boston Scientific to determine whether they’ve sold surgical mesh products with insufficient warnings or defective designs.
The Problem According to the FDA’s warning: “serious complications associated with surgical mesh for transvaginal repair of POP are not rare.” The FDA also explained that “it is not clear that transvaginal POP repair with mesh is more effective than traditional non-mesh repair in all patients with POP and it may expose patients to a greater risk.” As a result, thousands of women are at risk of serious injury
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Warning Signs Women who’ve undergone POP treatments using transvaginal mesh should be on the lookout for symptoms, including mesh erosion through the vagina (also called exposure, protrusion or extrusion), pain, infection, bleeding, discomfort during sex, organ perforation, urinary problems and mesh contraction. The FDA reports that “erosion of mesh through the vagina is the most common and consistently reported mesh-related complication from transvaginal POP surgeries,” which “can require multiple surgeries to repair and can be debilitating for some women.” Unfortunately, even numerous surgeries may not fix the problems associated with mesh erosion. In its most recent report, the FDA discovered a new risk in POP treatments called mesh contraction, also referred to as “shrinkage.” Both mesh erosion and contraction can cause serious pelvic discomfort, painful sexual intercourse and even the inability to have sex. Men have also experienced pain and irritation to the penis during sex thanks to mesh erosion. — Mark Kitrick is an attorney with Kitrick, Lewis & Harris Co. LPA in Columbus, Ohio.
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O&A
OUT & ABOUT
FO O TB ALL?
ARE YOU READY FOR SOME
By Jon Lewis
Ahh … it’s that time again. Tailgating. The smell of fall. Family and friends gathering before the big game. And, having an all around good time. Unfortunately, these good times can quickly sour if you aren’t prepared. This is especially true when you and your family are in a sea of 80,000 to 100,000 people, and even more so when you consider the pregame festivities. So, what should you do to be properly prepared for the big game? Here are a few tips to consider:
CHILDREN -
Are you going to bring children to the game? If so, make plans for what to do if they get lost. If they are old enough to have a cellphone, make sure both of your phones are charged so you can stay in contact. If not, make a plan on where to meet in the event you are separated. Finally, make sure they know where to go if those two plans fail, i.e., security guard or public address announcer.
22 / THE SAFETY REPORT / FALL 2011
Food – Are you tailgating? If you are cooking, make sure the temperature is hot enough so that you aren’t eating raw chicken or meat. Also, prior to cooking, keep raw meats separated. If you bring sides with mayonnaise — or other spreads susceptible to the heat (or cole slaw, potato salad, etc.) — make sure you keep them properly chilled so they don’t spoil. Keep your hands clean and bring hand sanitizer with you to ensure that you do not spread germs and bacteria. Weather –
Have plenty of sunscreen for those hot September/ October days. Wear sunglasses. Make sure you drink plenty of fluids ... and not of the alcoholic variety. Water is usually best in these situations. If there is a threat of thunderstorms or inclement weather, make sure you have the proper gear: ponchos, umbrellas, etc. You may want to check with the stadium to make sure umbrellas are allowed. Check the local weather or radar, and take shelter if it starts getting bad.
Other Fans – In light of some
recent events, make sure you respect the other fans. Remember, it’s only a game. Not liking the other team is one thing; fighting and cussing is another. Respect the fact that there are children present. Consider them as well and the role you are playing. Antagonizing other fans — other than in good taste — only leads to trouble and, possibly, injuries.
Report Unruly Behavior – Every stadium has rules and you agree to abide by those rules when you purchase a ticket to the game. If someone is drinking non-permitted alcohol or acting unruly, report them to the near-
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est usher or security guard. Do not get involved. Let the authorities handle it; they will be glad to.
Don’t Be Too Overzealous –
Be cautious when expressing your excitement — even in what can seem like a safe environment. Unfortunately, in extreme situations, a simple trip to the ballpark or stadium can end tragically, as evidenced by the father who fell over a railing and died reaching for a ball thrown into the stands at a Texas Rangers game in July. Be aware of your surroundings. There are certain locations in a stadium that can be dangerous. You don’t want to be on “SportsCenter” as a result of a tragedy.
Check the Internet –
Most stadiums have a website with information regarding security, telephone numbers, parking, evacuation, medical information, lost children, inclement weather, power outages, etc.
Driving – Clearly, you need to be careful driving in and around any sporting arena, stadium, etc. There are thousands of people walking around … and they are not paying attention to
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those driving by. Obviously, this is the time you need to pay attention. Don’t text, play with the radio, turn around to talk with the kids, etc. Keep a constant lookout so you can make it to and from the game without incident.
Theft –
Games with so many people are the ideal situation for those who are there to take advantage. Keep your purse securely on your shoulder and keep an eye on your belongings. If you turn for a minute, they could be gone.
Don’t Enter the Playing Field –
In college football, some conferences have instituted a penalty if a team’s fans enter the playing field after a victory. Needless to say, nothing good can come from storming the field. This is where injuries can occur. Just sit back and enjoy the victory. These are just some suggestions so that you can have a fun football season in 2011. Whether it’s high school, college or the pros, heeding these tips will help to ensure you and your loved ones have an enjoyable — yet safe — time at the game. — Jon Lewis is an attorney with Lewis, Feldman & Lehene in Montgomery, Alabama.
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O&A
OUT & ABOUT
TRICK -orTREAT By Robyn Madden
O
n a night filled with ghosts, goblins and spooky stories, Halloween is undoubtedly one of the most spine-chilling nights of the year, especially for parents. Filled with nostalgic memories of their own trick-or-treating adventures, parents look forward to creating new memories with their children on Halloween night. But the Halloween hysteria of tampered-with treats, strangers and kids gone missing can often overshadow the spirit of the holiday and leave parents with nothing more than Halloween heebie-jeebies. So how do you keep your children safe and still have fun?
Don’t scare your children silly.
Instead, calmly review familiar rules that you follow all year-around. Don’t talk to strangers (see more, page 30), look both ways before crossing the street and always use the buddy system. Everyday rules still apply. Watch for cars. The commonly used “hold hands while you cross the street” is not always enough to prevent a tragic accident. By creatively outfitting your child’s costume with an item that
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glows in the dark, you can help prevent an inattentive driver from not seeing your child in the dark.
Your teenager is invited to his/ her first Halloween party. As they
excitedly pile into a car with friends, you nervously wave goodbye at the door (see more, page 58). Remind your teen that the driving distractions should be kept to a minimum. Loud music and screaming back seat drivers only add to the hectic atmosphere of Halloween night. Keep a cellphone handy. If you are not able to accompany your child to the Halloween festivities, have your little Cinderella or Batman carry a cellphone with them. This also gives slightly older children more freedom and flexibility on Halloween night. Watch for vandals. The pumpkin you worked so hard to carve might end up smashed to pieces and the new car in your driveway may not escape a few eggs. The most important way to prevent being a victim of vandalism is to be present. Candy fears. Remind your kids that if they see packaging that looks un-
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familiar — or looks as if it has already been opened — it is best if they throw it away or show it to an adult. Plan a meeting spot. Before embarking on your trick-or-treat route, make sure you plan a meeting spot in case you get separated. Plan a course through the neighborhood that is welllit and well-populated. Teach fire safety. Many parents often search for costumes that are guaranteed to be “fire resistant.” But never fear if your search for the perfect fire retardant costume leaves you emptyhanded. Teaching children that luminaries are off limits and lit jack-o-lanterns are only for looking — not touching — can prevent almost all fire-related accidents on Halloween. Have fun! Halloween is the one day out of the year when kids can be whoever they want and eat enormous amounts of teeth-rotting candy. By following these tips, Halloween can revert back to one night a year of uncomplicated fun. — Robyn Madden is an attorney with Strom Law Firm in Columbia, South Carolina.
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24 / THE SAFETY REPORT / FALL 2011
readily float through the air, so just because there were no mushrooms at a particular location following the last rain does not guarantee that the area will be mushroom free following the next rainfall. OLEANDER — In 2002, there were 847 known human poisonings from Oleander in the United States. This is an extremely dangerous plant because of its toxicity and popularity as a durable and attractive landscaping plant. DEADLY NIGHTSHADE — This plant is found in shady, moist locations in North America. Young plants and seeds are especially poisonous. POISON HEMLOCK — People have died from eating as few as eight leaves. WATER HEMLOCK — According to the USDA, water hemlock or poison parsnip is, “the most violently toxic plant in HOW ONE PIECE OF PLANT North America.” This plant is mistaken for wild ginseng. COULD SPELL DEATH CASTOR BEANS — Castor beans By Pete Burns are used in the Caribbean to make Did you know that more than 700 jewelry, which has resulted in the poispecies of plants cause toxic reactions soning of children who have sucked on in humans? While many plants are not or eaten the beans. A single bean can fatal, you don’t want to take that risk. It be fatal and there is no antidote. Many takes only seconds for a small child to gardens in California have one or more take a bite of what may look like a perof these beautiful killers. fectly ripe piece of fruit, but, in reality, DIEFFENBACHIA — This beautiful could be deadly. houseplant is one of the plants that Here, read more about dangerous most often injures young children. All plants and why to avoid them: parts are poisonous. MUSHROOMS — There are different YEW BUSHES — These popular, types of wild mushrooms — some are urban bushes are hardy and evergreen. poisonous, some are not. If you have Children have died from eating the fruit small children, be aware of areas where of this bush. There is no antidote. mushrooms may appear following rain ANGEL’S TRUMPET — This is a and remove the mushrooms before beautiful, ornamental plant, but all parts small children do. are poisonous. Because it is a strong Keep in mind that mushroom spores hallucinogen, it is frequently associated
Just A
BITE
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with recreational drug use. ACONITUM — This plant has many common names, including Wolfsbane and Devil’s Helmet. In 2002, a man died from an accidental poisoning after ingesting the plant — perhaps mistaking it for spinach — while on a camping trip.
— Pete Burns is an attorney with Burns, Cunningham & Mackey, PC in Mobile, Alabama.
In the Event of
EXPOSURE If you or someone you know has been exposed to a poisonous plant, call the Poison Control Center at 800.222.1222 immediately. If you do not have access to a telephone, do the following: » Collect a sample of the plant and take it with you to the nearest medical facility. » While in route, rinse or wipe out the person’s mouth, but do not attempt to make the person vomit. » If the toxin got in the person’s eye, flush the eye while holding the eyelids open. » If the contact was with the skin, remove contaminated clothing and wash the area with clean water. In all cases, get medical help without delay.
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Who Protects Consumers Across The U.S.? The Civil Justice Foundation is a national charitable organization dedicated to safeguarding justice for all Americans by strengthening the alliance between trial attorneys and consumer advocacy groups. It is the only national foundation devoted solely to protecting the individual rights, health and well-being of the injured — providing small but significant grants to the tireless organizations fighting for injury prevention and justice preservation across the country.
How Do We Do It? The Civil Justice Foundation is proud to award grants to grassroots organizations that are at the forefront of the consumer advocacy movement — particularly to groups that have difficulty securing traditional funding because they are newly organized and/or address a controversial issue. To date, the Foundation has awarded more than $1.4 million to more than 110 of these groups.
For more information, please visit www.civiljusticefoundation.org.
26 / THE SAFETY REPORT / FALL 2011
SURVIVING A FALL INTO COLD WATER
By Mario Vittone
I
couldn’t feel my hands anymore and using them was impossible. The shivering was uncontrollable and violent. “That’s a good sign,” I thought. I remembered from my studies of hypothermia that shivering stops before you lose consciousness. “If I’m still shivering then I’ll live for a while longer,” I reasoned. But mostly I was wondering how I got myself into that mess. The National Water Safety Congress, which got eight of us to volunteer for this crazy — federally funded — experiment in suffering, recruited by design. It was easy to agree to jump into freezing cold water when it’s sunny and warm out. The organization’s public service DVD, “Cold Water Boot Camp, USA,” was designed to dispel two dangerous myths about cold water: that a person’s swimming ability makes a real difference in their need for a life jacket and the other is that hypothermia kills quickly. Neither is true. “When immersed in cold water, you have at least one hour before you’ll become unconscious due to hypothermia,” said our instructor, Gordon
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Giesbrecht, Ph.D., “but only if you have a life jacket on, because there is no way you can keep your head above water that long without one.” Giesbrecht, a thermo-physiologist and one of the world’s leading authorities on environmental injuries, was talking about the 1–10–1 principle of cold water immersion — three numbers that will help you remember how to survive the three phases of an unexpected dip into cold water: PHASE 1: The cold shock response (falling into cold water under 59° F) is an assault on the body’s senses. Characterized by uncontrollable gasping and disorientation, the first moments can be the most dangerous. So for that first minute (1), do nothing but keep your head above water, try and stay calm, and control your breathing. The gasping will stop and then you’ll be able to work on getting yourself safely out of the water. PHASE 2: Swim failure (loss of muscle control) happens to everyone who stays in cold water long enough. If you’re not wearing a life jacket — regardless of
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how strong a swimmer you are — you will drown long before you ever become clinically hypothermic. The longer you stay in, the weaker you become. So after that first minute of just staying calm, you have about 10 minutes to try and self rescue. If you haven’t gotten out of the water by then, you’re not going to. PHASE 3: Hypothermia (core body temperature of 95° or less) takes a surprisingly long time to happen. The point here is not to panic. Depending on variables like air and water temperature, no matter how uncomfortable you are (and trust me, you will be) you will have an hour (1) or more before you lose consciousness from hypothermia. The hope is that you are never in this situation. But if it is arises, do you best to stay calm and follow the 1-10-1 principle. It’s your best shot for survival. — Mario Vittone is an expert in water safety and a marine safety specialist with the U.S. Coast Guard. Learn more about Vittone at www.mariovittone.com. The views and opinions expressed by the author are not necessarily those of the Department of Homeland Security or the U.S. Coast Guard.
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BOUNCE HOUSE BLITZ HOW TO AVOID INJURY
By Brian D. Nettles
In recent years, bounce houses — those giant inflatable enclosures — and inflatable slides have grown leaps and bounds in popularity. And because of the amount of padding these huge toys provide, parents have expressed little concern for the safety of their children. However, following the basic safety rules — such as occupancy and weight limits — that come along with a bounce house is key. Not doing so can significantly raise the risk of incident and/or injury. For example, a women and 12 others were recently injured when the wind lifted an inflatable slide and took its participants with it. From coast to coast, at least 10 inflatables have blown away or collapsed under too much weight in the past few months, injuring more than 40 people, according to RideAccidents.com. Injuries can also occur from bouncing out of the house onto the ground or by colliding with a person or object inside the structure. A Consumer Product Safety Commission report released in 2005 linked the growing popularity of inflatables with an increasing number of injuries at emergency rooms from 1997 to 2004. The agency identified an estimated 1,300 injuries in 1997 and 4,900 in 2004, the most recent data available. Most large, inflatable “toy” accidents are caused by improper anchoring, high winds and lack of supervision. It is estimated that there are 10,000 operators or renters of inflatables nationwide. However, industry experts claim supervision of these operators would be too expensive to manage.
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Given the lack of professional supervision, here are 10 tips from My Parent Time to ensure a fun, yet safe, bouncing experience: Hire a rental company that is insured. This demonstrates a commitment to safety. Watch your kids closely when they play in or around an inflatable. Make sure the unit is staked down or heavily weighted down with ground weights or sandbags. When the unit is inflated, make sure there are no visible rips or holes. Make sure the unit is fully inflated and not sagging. The operator must cover all operating and safety procedures verbally — and should leave printed instructions as well. Do not exceed the maximum capacity/occupancy at any time. Make sure to put your child in with other children his/her size. Remove any children who seem tired. A sitting child risks getting jumped or landed on. Turn the unit off during inclement weather or high winds. Additionally, check the temperature inside the bounce house. An enclosed inflatable will get very hot very quickly. Children should always be supervised around a bounce house/inflatable. Most accidents can be avoided with careful preparation and planning. — Brian D. Nettles is an attorney with Nettles Law Firm in Henderson, Nevada.
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28 / THE SAFETY REPORT / FALL 2011
12 Gift-Giving Tips FOR THE CYCLIST IN YOUR LIFE
By Doug Landau
There are many cyclists on the roads these days who lack basic safety equipment. If you or a family member bikes to work, rides with a group or pedals for pleasure, consider a cycling gift that may protect them from unnecessary loss and injury. Here are some suggestions:
HELMET —
This would seem obvious, but not all helmets are created equal. Bicycle helmets are required to meet minimum safety standards. Helmets
made to sell in the United States must meet the U.S. Consumer Product Safety Commission (CPSC) standards. There should be a CPSC or other sticker inside the helmet that tells you what standard is used. The ASTM standard is comparable. The Snell B-95 and N-94 standards are tougher but infrequently used. If you do not see one or more of these stickers, you probably should not buy the helmet. Also, make sure the helmet is a good fit and properly secured, as even the best helmets will offer little protection in a crash if not sitting on the rider’s head correctly. What’s more, all helmets that have been in a crash — or that are cracked — should be inspected at a bike shop and likely replaced.
O&A Personal, medical and emergency identification — Having identification, medical information and emergency contact information on your person whenever you are out cycling is vital. There are several products on the market, including a Road ID wristband. You can put telephone numbers, names and a few lines about special medical conditions or medications. Another product to consider is the Minerva Health Manager. As USA Triathlon’s official personal health record manager, Minerva Health Manager provides athletes with easy-touse software that allows them to enter their personal health records on their computer and also store them on a lightweight USA Triathlon wristband flash drive that can be worn during training and racing.
POCKET FIRST-AID KIT — Items such as Band Aids, tape, anti-bacterial creme, alcohol wipes and gauze come in very handy while on the road. They are inexpensive and used more often than you would think.
EYE PROTECTION — Have you ever been hit by a bumble bee in the eye at 30 miles per hour? It hurts! Good shatter-resistant sunglasses for sunny days — and clear lens for overcast rides — can increase biker safety. When dirt, debris or bugs get in a rider’s eyes, visibility and safety are both reduced. Plus, on bright, sunny days, if you cannot see, then pedestrians, other cyclists and runners sharing the road can also be in danger. Cyclists with prescriptions can even get prescription sunglasses, and quality eye protection can prevent painful ocular injury.
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MIRRORS — Cars have rear-view and side mirrors, so why not bicycles? Rear-view mirrors for helmets or handlebars would increase safety as the rider can be looking forward and still see what is coming from behind.
POCKET MULTI-TOOL — There are many brands of bike “multitools” — the Swiss Army knives of the bicycle world. A good, pocket-sized tool will have an allen (“L”) wrench for tightening loose parts, tire changing and other important devices. They are relatively inexpensive and can be as simple or as all-encompassing as the rider in your life would like.
Gloves — On hot days, a good set of gloves can keep a rider’s hands on the handlebars. On cold days, good bike gloves can keep fingers gripping on the brakes. And, when a bicyclist is thrown from the saddle, the hands automatically go out to break the fall.
Reflective leg & arm bands — Most racing bikes do not have reflectors and many cyclists take the reflectors off their pedals and wheels, feeling that they are “dead weight.” However, there are reflective bands with Velcro or that snap in place that can hold a rider’s pants out of their gears while still giving oncoming cars and trucks warning in low-light conditions. These can be used at the wrists and arms and come in a variety of styles and colors. At a bare minimum, every bicycle ridden after dark should have a headlight, a tail light and rear reflector that is not obscured by bags or clothing.
bicyclist on bike trails. Calling out “on your left” often results in their stepping directly into the cyclists’ paths.
Nightlights — If the cyclist in your life rides at night or in low-light conditions, front and rear lights are essential. Most front headlights provide light to see the road before you. However, the main function of the front headlight is to make sure the cyclist is seen. It will illuminate road hazards directly in front of you and reflective street signs. There are handle bar and helmetmounted lights. Each type can be used on and off the bicycle.
Under-seat bag — Under-seat bags for tools, first-aid and personal belongings are great for longdistance cycling and touring, as you can pack a lot of gear out of the way under the saddle. A cyclist does not need a lot of room for many tools or a big bag to carry a bicycle toolkit. A small underthe-seat bag will do the trick most of the time. And, the smaller and lighter the kit or bag, the better.
High-visibility clothing — When it comes to the best all-around accessories for bicycling safety, there are high-visibility (reflective) vests, jerseys, outerwear, leggings and gloves. Highly visible yellow and green materials can be seen for hundreds of feet in bright- and low-light situations. This gift can max out on the “cool factor” and prices and styles run the gamut. With these 12 suggestions, hopefully you can find a gift that promotes safety for your biker buddies and cycling family members.
Bell or horn — Bells and other noise makers are excellent for alerting people and other
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— Doug Landau is an attorney with Abrams Landau Ltd. in Herndon, Virginia.
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By Stephanie Andre
STRANGER DANGER T
hey’re everywhere — in the grocery store, at the park, outside your home. They are strangers. Most children generally know not to “talk to strangers;” however, there are a few more rules to know to help keep them stay safe and avoid dangerous situations, according to the National Crime Prevention Council (NCPC): • Know where your children are at all times. Make it a rule that your children must ask permission or check in with you before going anywhere. Give your children your work and cellphone numbers so they can reach you at all times.
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• Point out safe places. Show your children safe places to play, safe roads and paths to take, and safe places to go if there’s trouble. • Teach children to trust their instincts. Explain that if they ever feel scared or uncomfortable, they should get away as fast as they can and tell another adult what happened. • Teach your children to be assertive. Make sure they know that it’s OK to say no to an adult and to run away from adults in dangerous situations. • Use the buddy system. Children should avoid walking anywhere alone.
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ATV’s & Kids: A Dangerous Mix From 1982-2008 nearly ONE-THIRD of the 9,633 All Terrain Vehicle (ATV) related deaths were children under 16. Over one hundred children are seriously injured EVERYDAY and approximately one dies EVERY OTHER day from an ATV related crash. Injuries to children from ATV accidents cost society OVER 2 BILLION DOLLARS annually in medical and economic costs.
PLEASE KEEP YOUR CHILD SAFE. Don’t allow children under the age of 16 to ride ATV’s Concerned Families for ATV Safety
Visit www.ATVsafetynet.org for more information.
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An Improved Flying Experience? By Jerry Trachtman
If you’ve ever flown, you know the drill: take your shoes off; put your laptop in the bin. And while passengers understand this is ultimately for everyone’s protection, what they don’t agree with are some of the other, more deceiving practices. Well, it seems like the Department of Transportation (DOT) finally agrees, putting into effect new regulations with the stated purpose of improving the air travel environment for consumers. This is the second step of an ongoing effort to improve consumers’ air travel experiences. In December 2009, DOT made its first change, requiring domestic airlines to provide basic rights — food, water, bathrooms and medical attention — to passengers whenever lengthy tarmac delays are encountered and outlawing delays of more than three hours. This decision has resulted in the near elimination of this practice. With its second rules change now in effect, here’s a breakdown: » TARMAC DELAYS: The new regulations apply the existing ban on lengthy tarmac delays to cover foreign airlines
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operating at U.S. airports and establish a four-hour tarmac delay time limit for all international flights of U.S. and foreign airlines. Food, water, bathrooms and medical attention must be provided to passengers stuck on the tarmac after two hours. » LOST BAGGAGE: If baggage is lost, airlines will now be required to refund any fee that was charged for the bag. Airlines are already required to compensate passengers for loss, damage or delay in the carriage of baggage. » FEES: Airlines will have to prominently disclose all potential fees on their websites, including but not limited to baggage fees, meals, canceling or changing tickets, and advanced or upgraded seating. » FREE BAGGAGE ALLOWANCE: They will be required to include on e-ticket confirmations information about the airline’s free baggage allowance and fees for checked bags and carry-ons. » ADVERTISED PRICING: Airlines will have to include all government taxes and fees in every advertised price. Until now, government taxes and fees have not been required to be included in the
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advertised ticket price.
» OVERSOLD FLIGHTS: The new regulations increase the monetary compensation to passengers who are involuntarily bumped from an oversold flight. What’s more, if the airline verbally offers a travel voucher, it must also verbally offer the monetary compensation by cash or a check. » FLIGHT INFORMATION: Airlines are now required to notify consumers through whatever means available — including flight status notification subscription service, boarding area, the airline’s telephone reservation system and on its website — of delays of 30 minutes or more and of cancellations and diversions within 30 minutes of the airline becoming aware of a change in flight status. Above all else, remember to be an educated consumer. Even if the airlines fail to make a voluntary disclosure, nothing keeps you from asking for the information before you book your next flight. — Jerry Trachtman is an attorney with Law Offices of Jerry H. Trachtman PA in Melbourne, Florida.
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B ULLYI NG the makings of an epidemic
By Stephanie Andre
Nerd. Fat. Weird. Loser. Dork. Ugly. Freak. ... The list goes on and on. These are derogatory labels teens regularly use to belittle and intimidate others. This is bullying. Bullying is nothing new. However, in recent years, it’s taken on heightened levels of attention. And the stats confirm this trend: reported incidents of bullying have risen. “Bullying has caught more attention since the rash of suicides in recent years,” explains Ross Ellis, founder and CEO of LoveOurChildrenUSA.com and STOMP Out Bullying. “There’s a lot of drama. Bullies are creating it and victims are accepting it.” Ellis cites the 24/7 newscycle as a chief culprit: “When you see this type of behavior
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What’s a
BULLY? BULLYING CAN TAKE ON MANY FORMS:
» VERBAL: name-calling, teasing » SOCIAL: spreading rumors, leaving people out on purpose, breaking up friendships » PHYSICAL: hitting, punching, shoving » CYBERBULLYING: using the Internet, cellphones or other digital technologies to harm others Source: stopbullying.gov
getting attention, it becomes contagious behavior,” she says. “When you have one kid who commits suicide, it almost becomes a copycat thing. These teens believe it’s an easy way to get rid of the pain they suffer from bullying everyday.”
Starting Young ... and At Home Many experts agree that bullying starts when children are as young as 2 or 3 years old. “Watch a 3-year-old. How many of these toddlers push each other down?” says Ellis. “If we, as parents, do not teach our children — even at this age — that this is wrong, then it becomes bullying.” Nicholas Carlisle, a child therapist and executive director of San Franciscobased No Bully, agrees. He believes this behavior is already established by the time children start school. “We need to develop the attitudes of kids, teachers and the administrators,” he says. “When kids arrive in school, they need to know how to relate to other children and people, overall.” Adds Ellis: “The first three years mean everything. These parents think, ‘eventually he’ll learn.’ That’s not necessarily the case. I’ve seen parents at the playground. They let their children act aggressively; that sets the tone for the future.”
While no parent can protect their children forever, it is their responsibility to educate their kids and arm them with the right tools and knowledge should a bullying situation arise. “It’s so important to educate your kids, even role play with them,” says Ellis. “This is a really good option especially if they are timid or shy because if they get bullied, they’re not going to know how to deal with it … and that’s exactly what a bully wants.” Conversely, it’s also vital to explain why being a bullying is not the answer, either. “As parents, we have to teach our kids that friendships can go wrong, that revenge is not the answer and that there are other ways to deal with problems,” says Carlisle. They also have to learn how to deal with problems within a group setting, he says. “If a child is feeling pressured to pick on someone, it’s so important to help them understand why they need to stand up for others instead of breaking them down.” Communication is so important, says Ellis. “Talking about school, bullying, friends is vital,” she says. “Having that ongoing communication will keep parents in tune with what’s going on in their children’s lives.”
A New Foe — Cyberbullying In addition to dealing with face-to-face bullies, there is now a potentially bigger problem: cyberbullies. In an age of Facebook, Twitter, texting and more, any child who has access to a computer or cellphone can be subjected to this new version of intimidation and harassment. The term “cyberbullying” refers to the use of cellphones, text messages, emails, instant messaging, chats, blogs and social networking sites to bully another student, according to No Bully. Examples of cyberbullying include: Sending threatening or insulting texts Posting untrue information or personal pictures about another student on social networking sites, such as Facebook or Twitter Using another student’s email or IM name to send messages that make the student look bad Creating a webpage devoted to putting down another student Forwarding a text or email that was meant for your eyes only According to a 2007 survey, released by the Pew Research Foundation’s Internet Project, one in three teenagers who use the Internet say they have been targets of a range of annoying and potentially menacing online activities.
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Children listen to what their parents say and how they act. If a parent gets loud and angry in a conversation, kids see that and bring that behavior to their own environments. — Ross Ellis, STOMP Out Bullying
Parents just don’t get how prevalent cyberbullying has become, says Ellis. “Parents think it’s OK for kids to have cellphones, be on Facebook, browse the Web — all without any monitoring or boundaries,” she says. “What they don’t realize is that their kids are way more tech and Internet savvy than they are … and that’s a huge problem.” In fact, many parents of preteens have even set up Facebook accounts for their children — either because they don’t know that the social networking giant
GOT A BLUE SHIRT? Wear it Oct. 5
» Did you know that Oct. 4-10 is National Bullying Prevention Week? What better way to help increase awareness than to show your support of this cause by wearing a blue shirt on Oct. 5 as part of STOMP Out Bullying’s Annual World Day of Bullying Prevention. » The entire week is observed by schools and organizations across the country to encourage communities to work together to increase awareness of the prevalence and impact of bullying on children of all ages.
has an age requirement of 13 or they just don’t think the requirement is a big deal. Most often, these children are posting actual photos of themselves, their contact information and offering way too many details about their personal lives. This often-seen situation, in turn, lures cyberpredators and bullies — all looking to take advantage and cause harm, Ellis explains. And, it’s getting worse. “We are now seeing cyberbullying situations escalate,” says Ellis. In fact, a teenage girl recently com-
mitted suicide after she “sexted” her boyfriend and it went viral, Ellis says. According to Ellis and Carlisle, if we don’t start addressing the problem, cyberbullying has the potential to become more harmful than physical abuse.
The Parent-School Relationship Understandably, the parents of children who are bullied are angry — especially if the incidents are happening at school. However, there is a right way to talk with
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the school, says Ellis. “Everybody wants to react,” she says. “They want to go into that school and demand that the bully be expelled, but that’s just not the reality. If you go into a school angry, you’re not going to get anywhere.” Get your information together, says Ellis. “Document everything. Have your information ready — then call the principal and schedule a face-to-face meeting,” she says. “Get a copy of the school’s anti-bullying policy before you meet. Tell your story and ask how you can work together to help your child. You will get much further this way.“
But What About the School’s Role? Both Ellis and Carlisle agree — schools need to get involved in all forms of bullying. “Every child should feel safe at school and that’s just not the case,” says Carlisle, whose organization works directly with school administrators, counselors and teachers on following best practices to combat and respond to bullying. “Schools just don’t know how to handle bullying,” says Ellis. For starters, one of the biggest misconceptions, she says, is that holding a school assembly will help educate students on bullying. In actuality, it’s simply a waste of time, she says. “Students will not take anything away from a speaker who comes in to talk about bullying,” says Ellis. “They’re more focused on the fact that they’ve been able to get out of the classroom for an hour.” It starts with the adults in any school, says Carlisle. “We have found that the most effective way to rid a school of bullying is to educate the educators.” But it takes time and dedication, he says. “With the schools that are more enthusiastic, it still takes one or two years to become bully-free environments,” says Carlisle. “These schools are investing in long-term cultural changes … and it’s working.” In fact, according to Carlisle, the rewards that schools typically experience
CHARITY CORNER: About the Organizations STOMP OUT BULLYING » STOMP Out Bullying — a national anti-bullying and cyberbullying program for kids and teens — is a signature program of Love Our Children USA, which, since 1999, has been a national nonprofit leader and ‘go-to’ prevention organization fighting all forms of violence and neglect against children in the United States. In 2005, Love Our Children USA recognized a critical need to address the issue of bullying and cyberbullying and created STOMP Out Bullying. STOMP Out Bullying focuses on reducing and preventing bullying, cyberbullying, sexting and other digital abuse, educating against homophobia, racism and hatred, decreasing school absenteeism, and deterring violence in schools, online and in communities across the country. It teaches effective solutions on how to respond to all forms of bullying; as well as educating kids and teens in school and online, providing help for those in need and at risk of suicide, raising awareness, peer mentoring programs in schools, public service announcements by noted celebrities and social media campaigns. An additional focus educates parents on how to keep their children safe and responsible online. For more information, please visit www.stompoutbullying.org.
NO BULLY » No Bully is a San Francisco-based nonprofit that was founded free of any special interest and advocate for the ending of bullying and harassment of every student, whatever the cause. Its vision is to restore school as a place where students integrate the pursuit of their individual potential with kindness and compassion for all. No Bully focuses on bringing anti-bullying initiatives into schools at all grade levels. The organization’s goal is to create an environment in which there is significant reductions in in bullying, harassment and violence; improved student attendance and retention; less administrative time spent in dealing with bullying and a greater reputation for the school. As schools work with No Bully, they create a school culture in which students deepen their social and emotional intelligence and can at last relate to each other with respect, acceptance and the values for which your school stands. The rewards that schools typically experience from social and emotional learning are significant reductions in student bullying, increased student inclusiveness and respect, and 11-17 percent improvement in student academic performance. For more information, please visit www.nobully.com.
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Every child should feel safe at school and that’s just not the case.
How to Tell If...
YOUR CHILD IS THE BULLY No one wants to find out that their own child is a bully, but the fact of the matter is that they are out there. Here are some signs to look for: » Impulsive, hot-headed, domineering » Easily frustrated » Lacks empathy » Has difficulty following rules » Views violence in a positive way » Comes home with possessions or money that does not belong to him/her » Switching computer screens or closing programs when you, or others, are nearby. » Laughing excessively while using the computer or cellphone. » Using multiple online accounts or an account that is not his/her own. Excessive use of a computer and/or cellphone. » Agitation if access to a computer or cellphone is restricted or denied.
— Nicholas Carlisle, No Bully — Mark Bello is owner and founder of Lawsuit Financial Corporation in Southfield, Michigan.
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How to Tell If...
YOUR CHILD IS BEING BULLIED Unless your child tells you about being bullied — or has visible bruises or injuries — it may be difficult to tell. Watch for these warning signs: » Effort to avoid going to school » Repeated loss of possessions or money » Loss of self-esteem » Depressed and withdrawn » Anxious » Loss of appetite » Difficulty sleeping » Grades start to fall » Unexplained bruises and other physical injuries — Mark Bello is owner and founder of Lawsuit Financial Corporation in Southfield, Michigan.
from social and emotional learning are significant reductions in student bullying, increased student inclusiveness and respect, and 11-17 percent improvement in student academic performance. There are also some simple solutions that may help students who think they are helpless. “I have seen schools implement anonymous bullying books,” says Ellis, “or have a bullying box in which a child can write on a piece of paper, ‘I’m being bullied’. These things can work.”
When Your Child Is the Bully Bullying doesn’t start and end with the victim. The student doing the bullying needs help as well, and that’s not
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something most people want to address, says Carlisle. “These bullies need to understand why what they’re doing is wrong; they need help,” explains Ellis. “No one wants them to grow up to be criminals, but that’s certainly the direction in which they’re headed.” It’s important for parents to hear and understand what his/her child is doing instead of jumping to their initial instinct — denial. Parents have to look to themselves and question what is happening in the home. “Children listen to what their parents say and how they act,” explains Ellis. “If a parent gets loud and angry in a con-
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versation, kids see that and bring that behavior to their own environments.”
Future Progress Without education and dedication, bullying will not only continue to plague our children but it will get worse. It simply should not be considered acceptable behavior. Parents must take a more active role in their children’s lives — both on- and offline — and schools must stand up to bullying and implement programs to combat the problem. If they do not, we could reach epidemic levels before we know it.
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High school hazing — pervading groups from athletic teams to the yearbook staff and debate team — is as widespread as ever despite efforts over the last two decades to eradicate the
new study has found. Researchers have discovered that 47 percent of college students reported having been hazed while still in high school. The study found hazing included activities from
Hazing By Linda J. Chalat
When the Whole Team Bullies
practice. Just like college students, high school students are susceptible to peer pressure and intimidation within group activities, engaging in conduct normally thought unacceptable. Often, parents are shocked when the truth is revealed. Hazing particularly plagues high school athletics throughout the country, while also growing more brutal, a
silly stunts to drinking games, with 8 percent of the students drinking to the point of sickness or passing out. Earlier this year, a high school wrestling team in Monroe, Michigan was investigated by local law enforcement when parents reported that some of the youngest members of the wrestling team had been urinated on in the
showers and held down and sexually assaulted by upperclassmen on the team. A similar incident victimized the son of an assistant coach of the wrestling team in a Nevada high school. The Nevada students admitted that during a tournament trip, they taped the victim’s eyes, mouth and arms, pulled off his pants, taped him to a coffee table and spanked him with a spatula before locking him outside the hotel room. Then, when he was let back in, he was spanked again and urinated on in the
shower. More common, and much more troubling, is the conduct of football team members involved in a hazing incident at a New Mexico high school last season. Three team members were charged with criminal sexual penetration in the second degree, criminal sexual contact of a minor in the second
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degree, two counts of conspiracy to commit criminal sexual penetration in the second degree and one count of contributing to the delinquency of a minor. But, according to incident reports, two possible victims of sexual hazing “revealed that they did not feel that they were victims of abuse, battery or sexual assault.”
A pivotal study on student hazing, “The Alfred University Hazing Study” (1999), defines hazing as “any activity expected of someone joining a group that humiliates, degrades, abuses or endangers, regardless of the person’s willingness to participate.” Most high school students do not perceive even the most dangerous initiation activities as hazing. Only 15 percent of the students who answered a recent survey said they thought they were hazed in high school, but twice as many reported abusing substances or committing dangerous acts as part of their initiation. Even though high school students’ self-report of hazing is substantially lower than the actual behaviors reported, a total of 29 percent said they had been hazed, witnessed hazing and/or left a group because of hazing. When one considers that 67 percent of high school students are involved in athletics, and 35 percent of those surveyed reported being subjected to some form of hazing, then approximately 800,000 high school athletes per year are being subjected to hazing. Hazing is different from conventional bullying. Bullies do not want the victim to be part of their group, and their goal is to humiliate, ostracize and degrade the victim, promoting feelings of superiority. But hazing involves a group dynamic and coercion. Hazing continues to be a widespread problem in high school. These students pay a high price for being subjected
The specific behaviors or activities [of hazing] may vary widely among participants, groups and settings, but all have a common intent. The victims each described being grabbed, held, groped and punched, but “they advised that the incidents occurred in the locker room after practice and described the actions as being more ‘joking around’ than being a victim of a crime.” Younger team members proved to be very reluctant witnesses. This attitude demonstrates both a desensitizing to unacceptable physical molestation and the growing sexual nature of many hazing activities. There is a wide spectrum of behavior that is correctly characterized as hazing. But any activity that produces mental or physical discomfort, embarrassment, harassment or ridicule is hazing. Any initiation practice that is physically abusive, hazardous and/or sexually violating, involving domination of group members by other group members should be considered hazing. The specific behaviors or activities within these categories may vary widely among participants, groups and settings, but all have a common intent.
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Is Someone You Know Being Hazed?
WHAT TO LOOK FOR… • Cutting, branding, labeling or shaving parts of the body • Required carrying of certain items • Loss of voice due to having to yell • Required attendance at late-night work sessions, resulting in sleep deprivation • Not coming home for days or weeks at a time • Not being able to sit down or soreness from paddling • Appearance of mental exhaustion or withdrawal from normal lifestyle; change in personality • Appearance of sadness or expressions of inferiority • Withdrawal from normal activities or friends • Being dropped off and made to find the way back • Photos of hazing activities are commonly found on a public Web space
to the practice of hazing, suffering the immediate humiliation and physical pain and often long-term consequences of the abuse. Students must be convinced that hazing harms others, weakens rather than builds a team and should never be tolerated.
— Linda Chalat is an attorney with Chalat, Hatten & Koupel PC in Denver, Colorado.
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H&F
HOME & FAMILY
Domestic Violence awareness Be Part of the Solution
By Wendi Lewis
D
id you know that in one, 24-hour period, the National Network to End Domestic Violence (NNEDV) domestic violence victim advocates reported nearly 71,000 requests for assistance for adults and children who were victims of abuse. Those numbers are directly from a one-day NNEDV survey (conducted Sept. 15, 2010) of domestic violence shelters and service agencies, tracking that day’s activities. Additionally, NNEDV census information reveals volunteers answered more than 20,000 emergency hotline calls for help, three women were murdered by their significant others, 36 babies were born to mothers living in domestic violence shelters and three men committed suicide in domestic violence situations — one after murdering his wife, another after attempting to kill his girlfriend and the third after holding his partner hostage. There are many different forms of abuse, and often a victim suffers from a combination of these tactics. Forms of abuse include:
Physical abuse What people most often think of when they think of domestic violence.
Sexual abuse The least discussed, but equally traumatic.
Emotional abuse The victim is made to feel worthless and hopeless.
Financial abuse The offender cuts off access to resources that could help the victim leave the abusive situation. The key for any offender is to isolate the victim, so that he or she retains control over the situation, making it extremely difficult for a victim to break away. The largest percentage of people looking for help requested emergency shelter (75 percent), followed by the need for children’s support or advocacy (56 percent). The third most requested need was for legal assistance, with 54 percent of domestic violence victims needing the help of a lawyer. Victims often need help with a combination of civil and criminal matters, in-
cluding matters of divorce, child custody, bankruptcy, landlord/tenant disputes and restraining orders. “There are so many sidebar issues that an offender uses to keep a victim down, and the offender knows that and uses it,” says Steve Searcy, executive director of the One Place Family Justice Center in Montgomery, Alabama. “The offender uses this to tie the victim into an abusive relationship. They tell the victim they won’t be able to afford an attorney to get a divorce or they will lose their children if they leave. Many times, the victim keeps waiting, thinking maybe they can save up enough money to see an attorney, and sometimes they wait too long.” A victim may need to meet with as many as 10 agencies on their journey to get the services they need. Traditionally, a victim may go to the police department, the emergency room, a counseling center, a lawyer’s office, a social service agency — the list is long. This often requires a great deal of time, and requires the victim to travel from building to building, telling their
THESAFETYREPORT.COM / 41
story over and over again. By providing all the services a victim needs under one roof, places like Family Justice Center help to ensure that victims do not give up or become confused, frustrated or simply run out of resources to complete the journey. Archie Grubb, an attorney with Beasley, Allen, Crow, Methvin, Portis & Miles PC, in Montgomery, Alabama, and volunteer with the State Bar’s Volunteer Lawyer Program (VLP), sees this firsthand. Through the program, he is able to assist clients he might not otherwise represent in the course of his consumer and business litigation practice. “We all know that domestic violence is a serious problem and devastating to those who experience it in their daily lives,” he says. “But there are a number of legal issues that hide in the shadows: bankruptcy issues, child custody or guardianship issues, landlord-tenant issues and so forth. As a volunteer lawyer, I have been able to assist people desperately in need of help, and it’s been rewarding.” Regardless of whether or not there is a central location for services, victims need help to break the cycle of violence. Searcy says friends, co-workers and relatives should not be afraid to reach out to someone they think is in trouble. Be prepared. Take the time to learn what resources are available in your community to assist victims of domestic violence. “There’s no excuse for not directing a person you perceive to be a victim to the resources that might save their life,” Searcy says.
If You Are Being Abused First and foremost, know that you are not alone and that the abuse is not your fault. If you are in an abusive relationship or suspect you might be in one, safety and support are critical. The National Network to End Domestic Violence (NNEDV) provides the following safety planning tips for someone who believes they are in an abusive relationship: • Identify what you will do if the violence starts again. Can you call the police? Is there a phone in the house? Can you work out a signal with the children or neighbors to call the police or get help? • Plan an escape route and practice it. Know where you can go and who you can call for help. Keep a list of addresses and phone numbers where you can go in crisis and keep them in a safe place. • Put together a suitcase and keep it at a friend or family member’s house. Pack clothes for you and the children, needed medicines, important papers, car keys, photographs, money and emergency phone numbers. Add anything else you might need if you have to leave suddenly.
• NNEDV recommends the following items for your suitcase: +Money/cab fare +Checkbook +Credit card/ATM card +Order of Protection +Passport +Immigration documents +Work permit +Public Assistance ID +Driver’s license and registration +Social Security card +Your partner’s Social Security number +Medical records +Insurance policies +Police records +Record of violence +Children’s school and immunization records +Lease +Birth certificates +Baby’s things (diapers, formula, medication) +Medications +Clothing +Eyeglasses +Family pictures +Address book +Important telephone numbers +Cellphone/coins to use a pay phone
For more information, visit www.familyjusticecenter.org or www.nnedv.org. — Wendi Lewis is communications director with Beasley, Allen, Crow, Methvin, Portis & Miles PC in Montgomery, Alabama.
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H&F HOME & FAMILY
{BABY CARE}
Sleep Like a Baby Helpful tips for crib safety
A
recent report in the journal Pediatrics found that some 26 children suffer from crib-related injuries every day. Not every week, but every day. Heed these crib safety tips to protect little ones from danger:
Crib Design • Do not use purchase an antique or used crib. Antique cribs often have cutouts or openings that could trap the child’s head, neck, arms or legs. Antique or used cribs may also be missing important hardware. • Watch for corner posts. Do not use a crib with corner posts that are more than 1/16 of an inch higher than the crib ends. Corner posts that do not meet these specifications can catch a child’s pajamas. • The space between crib slats should be no more than 2 3/8 inches apart. The CPSC requires this to protect from babies getting their heads stuck between the slats.
Crib Maintenance • Check the crib hardware. It may become loose, missing or damaged over time. Contact the manufacturer for replacement parts. • Check for chipping paint. Lead can be found in old paint and is a health hazard to children. • Check the mattress support to ensure that the system holding the mattress up is not bent or broken. • Make sure the mattress fits. There should not be cracks
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By Alison DeVilliers
or openings between the mattress and the crib. If two adult fingers can be placed between the mattress and the crib, the mattress needs to be replaced. • Adjust the mattress to the correct height as the child grows. The higher the mattress is, the easier it is for a child to pull himself out of the crib. The mattress should be at the lowest setting when a child is able to pull himself up.
Crib Use • Do not use bumper pads. They increase the risk of strangulation and suffocation. All cribs sold in the U.S. today have slat requirements that make it nearly impossible for a child’s head to get through. The CPSC advises against bumper pads. • Use only a bottom-fitted sheet on a firm, tight-fitting mattress. • Remove mobiles or crib gyms once a child can pull himself up. These are meant for babies to look at, not reach for or touch. • Place baby on his/her back for sleep. Babies who sleep on their backs are less likely to develop Sudden Infant Death Syndrome (SIDS), according to the American Academy of Pediatrics (AAP). • Do not place pillows, blankets, comforters, stuffed toys or anything similar in the crib while the baby is sleeping. Use a sleeper instead of a blanket. Babies can become entangled in these items and may not be able to free themselves. — Alison DeVilliers is an attorney with Goodson & Company Ltd. in Cincinnati, Ohio.
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{BABY CARE}
How to Ensure Your Formula is
safe
By Michael Brandner
N
ew and expectant parents take note: powdered infant formula is safe. However, it is not sterile and, therefore, has a minute chance of bacteria growth in the powder. So what, as parents, can we do to protect our infant children? Some mothers are not able to breastfeed and have no choice but to feed their children powdered infant formula. How do we minimize the risks to infants? Unfortunately, parents cannot rely on the directions offered by manufacturers: add “X” amount of formula to “Y” amount of water (no temperature specified). So, what do we do? The U.S. government has not yet developed safe procedures for mixing and preparing powdered formula for consumption by an infant child. So, you have to look to the World Health Organization (WHO). Here’s what it recommends:
Clean and disinfect a surface on which to prepare the feed. Wash hands with soap and water, and dry using a clean
cloth or a singleuse napkin.
Boil a sufficient volume of safe water. If using an automatic kettle, wait until the kettle switches off; otherwise, make sure that the water comes to a rolling boil. Note: bottled water is not sterile and must be boiled before use. Microwave ovens should never be used in the preparation of powdered infant formula as uneven heating may result in ‘hot spots’ that can scald the infant’s mouth. Pour the appropriate amount of boiled water, which has been allowed to cool slightly, but not below 158 degrees Fahrenheit, into a cleaned and sterilized feeding cup or bottle. The temperature of the water should be checked using a sterile thermometer. If making a batch in a larger container, the container should be cleaned and sterilized. It should be no larger than 1 liter, be made from food-grade material and be suitable for pouring hot liquids.
H&F HOME & FAMILY
To the water, add the exact amount of formula as instruct-
Dry the outside of the feeding cup or bottle with a clean
ed on the label. Adding more or less powder than instructed could make infants ill.
or disposable cloth and label with appropriate information, such as type of formula, infant’s name or ID, time and date prepared, and preparer’s name.
Cool feeds quickly to feeding temperature by holding under a running tap or placing in a container of cold water or iced water. Ensure that the level of the cooling water is below the top of the feeding cup or the lid of the bottle.
Because very hot water has been used to prepare the feed, it is essential that the feeding temperature is checked before feeding in order to avoid scalding the infant’s mouth. If necessary, continue cooling as outlined in step 6.
Discard any feed that has not been consumed within two hours.
Parents cannot rely on the directions offered by manufacturers: add “X” amount of formula to “Y” amount of water (no temperature specified). So, what do we do? According to the WHO, the risk dramatically decreases when powdered infant formula is mixed with water that is no less than 158 degrees Fahrenheit, as this temperature will kill any bacteria in the powder. Consequently, mixing powdered infant formula with water no less than 158 degrees Fahrenheit dramatically reduces the risk to all infants, even slow-feeding infants and infants in warm climates in which refrigeration of the prepared formula may not be readily available. When powdered infant formula is prepared with water that is less than 158 degrees Fahrenheit, it does not reach a high enough temperature to completely inactivate the bacteria present in the powder. Follow these tips to ensure that your formula is safe for your baby to consume. — Michael Brandner is an attorney with Brandner Law Firm LLC in Metairie, Louisiana.
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Steer Clear of Scams
By Henry “Hank” Didier Jr.
T
here are cess is essential. times when It’s important to financial stress note that all factorcan be just as ing companies are detrimental to an not created equal. accident victim’s There are many health as the instances of abuse, physical injuries even with current they suffer. Espelaws and statutes cially in today’s in place in most economic climate, states in the form of such mental an“Structured Settleguish can lead to ment Protection financial depresActs.” sion and desperaNonetheless, tion, leading some “good apples” to make ill-advised do exist. The law decisions in hopes requires judicial apfixing their money proval of any strucAccident victims are now being preyed upon by woes. tured settlement To that end, actransaction and the ‘structured settlement’ companies that offer up cident victims, often courts are charged quick, lump-sum payouts that come at a high price. left to live on little with considering more than what their whether the transacfinancial settlements tion, including the provide, are now being preyed upon by structured settlement discount rate and the amount of fees and expenses charged, is companies that offer immediate, lump-sum payouts that come fair and reasonable and in the best interest of the payee and his at a high price — typically only offering a fraction of the money or her dependents. to which the victims, and/or their families, are entitled. But, even with such protections in place, factoring companies In return, these factoring companies receive the accident have still been able to push through unsavory deals. victim’s future stream of payments. Sound advice is key: people need good guidance to protect In such circumstances, it’s best to get some sound advice — them from the realities of today’s predatory marketplace. perhaps from their former attorney, the structured settlement Companies that act to fulfill the spirit of the current laws professional with whom they previously worked or some other governing these transactions — and that take steps to ensure trusted financial advisor — on how to best go about possibly sellers of structured settlements and annuities are given the selling their future payments. information they need to make informed decisions — can There are a number of things to consider: perform a valuable service for those who need to trade in their future payments for cash. It can be done fairly and reasonably, Selling has huge financial consequences that should not be taken lightly. but, in the face of rampant abuses, steps must be taken to help sellers find the right company with which to work. All other possible options should be explored before the decision to sell is finally made. — Henry Hank Didier Jr. is a founder of Vantage Capital Consultants If selling is the right or only option, then finding a reputable LLC and also a practicing plaintiff’s lawyer. company to guide him/her through a fair and transparent pro-
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H&F HOME & FAMILY
5 w ay s T O S U P P O R T S O M E O N E W H O I S
GRIEVING
By Joel Feldman
M
y 21-year-old daughter, Casey, died in July 2009 after being struck by a distracted driver. Before her death, I found it difficult to feel comfortable speaking to those whose family members had died. I did not know what to say or do, and feared that I might say the “wrong thing.” Following Casey’s death, I experienced a wide range of behaviors from family, friends and coworkers, some that were helpful and others that were harmful. There is awkwardness, anxiety and ignorance that surrounds
death and mourning that can interfere with attempts to comfort. Recognizing that grief is different for everyone, I offer some suggestions for providing support based on my own experience. Don’t judge a person’s grieving. I don’t really know how I will be on any given day and don’t appreciate someone else telling me how they think I am doing. Tell me how well I am doing and I may think that I am doing too well and not grieving enough. Tell me that it’s time
THESAFETYREPORT.COM / 47
to get on with my life and I will resent you. It is up to me, alone, as to how I grieve and for how long. Say my child’s name. I often heard that people were afraid to talk to me about Casey for fear that they would remind me of her and make me sad. I think of her all the time as do many who have lost loved ones. We fear that our loved ones will be forgotten. I consider it an incredible gift if someone says Casey’s name, tells me a story about her or asks me to tell a story about her. I welcome people “intruding” upon my grief. I did not feel that a single person who reached out to me was intruding. Yet many, who did not reach out initially, tried to explain later by saying they did not want to intrude. Surviving a loss
Surviving a loss is a struggle and I feel different as a result of my loss. Don’t make it worse by staying away and making me feel isolated. is a struggle and I feel different as a result of my loss. Don’t make it worse by staying away and making me feel isolated. What is the “right” thing to say? There really are no magic words that will lessen someone’s grief. When we grieve, we often just need someone to sit with us and to listen if we wish to speak. Mental health professionals speak of “being present” or empathic listening, the ability to listen intently so that the other person knows you are paying attention and understand not only their words but how they are feeling and what it is like to see things through their eyes. “I was thinking of you and your family” is the kind of sentiment that is helpful. I welcomed being asked what I was going through if done in a caring fashion. On the other hand, please do not speak those platitudes that mean nothing and perhaps only comfort the one saying them. “Be strong,” ”time heals all wounds” and “he or she
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is in a better place” are just not helpful. When is it too late to send a card? For me, the answer is never. There is a lot of support in the weeks following a death, but gradually, that support dissipates. Grief can worsen once support is taken away. The second year following Casey’s death has been harder in some ways than the first. Don’t forget the anniversary of the death. Yes, it is appropriate and incredibly helpful for family members on that painful anniversary to know that others care. A simple card, text or email will be greatly appreciated. — Joel Feldman is the managing partner of Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, PC in Philadelphia.
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H&F HOME & FAMILY
PROTECT YOUR
possessions By Alan Perkins
Y
ou never forget a fire when it happens in your own home. Our family’s fire was caused by a malfunctioning electric baseboard heater. The fire gutted the interior of the house, leaving us with only our memories of what was once inside. Our insurance adjuster needed a list of what we’d lost, a difficult task considering our state of emotional distress at the time and the number of items that were lost. Add to it the fact that while we were adequately insured, we had not documented what was in the home prior to the fire. Without a detailed household inventory, processing and collecting an insurance claim at the full value of your losses can be difficult to impossible. To that end, here are some tips for dealing with the unexpected. Start your household inventory and set a deadline for completion. This includes listing items you own, dates you bought them and the original prices or monetary value. Begin by taking a camera or video recorder from room to room — including the garage and around the outside of the
house — to document your structures and all their contents. Keep in mind that having a family member in the picture will help you establish ownership of the items, should you need to file an insurance claim. Each item should also be documented on a list with details of its name, description, size, age, model num-
tools and equipment, artwork, silver, crystal and jewelry. Check with your insurance agent to be sure that these items are adequately covered for replacement. Most agents can also provide you with a home inventory form to help guide you in collecting the information you need. You can also download programs that will assist you in compiling your list. Use a safe-deposit box to store your videotapes, pictures and written descriptions with receipts or leave them with a relative so you’ll have access if your home is destroyed. Also, check the value of these items periodically to adjust your coverage as necessary.
Begin by taking a camera or video recorder from room to room, including the garage and around the outside of the house, to document your structures and all their contents.
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ber, brand name and any other information that helps determine its value. Remember to list everything, including items you can’t readily see because they’re in closets or dresser drawers. Even if the heat from a fire does not reach personal belongings in such places, damaging soot or smoke can. Keep receipts (or copies of them) with your inventory for big-ticket items, such as TV equipment, computers, large
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Spend a little time now and save yourself a lot of time and money later, should you ever have the unfortunate experience of trying to recall all that you lost in a fire. — Fire Marshal Alan Perkins is a 32-year veteran of the fire service. A Certified Fire Protection Specialist (CFPS), Perkins is also a board member of Live Safe Foundation, a nonprofit organization devoted to making fire and life safety education, awareness initiatives and life-saving tools available on a broad basis. Learn more at www.live-safe.org.
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A
fter 37 reported incidents and 23 serious burn injuries, the Consumer Product Safety Commission (CPSC) announced the voluntary recall by Napa Home and Garden, Inc. of nearly a half-million bottles of pourable gel fuel used in Napa FireLites. The burn victims spanned in age, from toddlers to baby boomers. The CPSC stated in its warning to consumers that the Napa “pourable gel fuel can ignite unexpectedly and splatter onto people.” Before the recall, Napa FireLites and the accompanying pourable gel fuel was sold for more than two years at retailers, such as Bed Bath and Beyond, Amazon.com, ShopKo, Restoration Hardware and numerous other retailers, including locally owned home decor and garden stores.
While the average consumer believes that a product on the market has been adequately tested and approved for safety, approximately $700 billion is spent each year as a result of injuries, property damages and deaths caused by unsafe or defective consumer products. With the Napa FireLites and FireFuel, at least 23 people were seriously injured — including many with life-altering, third-degree burns — before the Napa products were removed from retailers’ shelves. Without these reports, however, more people may have been injured if the products remained available for sale. The CPSC is the federal governing agency tasked with protecting the public against injuries and deaths from consumer products available in the United States. More than 15,000 different consumer products, from cribs to all-terrain vehicles and
If You See Something, Say Something By T. David Hoyle
swimming pools, come under the CPSC’s jurisdiction. As a result, the CPSC needs help your help in identifying potential hazards associated with these products. Earlier this year, the CPSC launched www.SaferProducts.gov, which provides consumers with the ability to quickly report potential hazards through an easy-to-use interface. This website also provides a searchable database of complaints filed by consumers as well as manufacturers’ responses, bringing more information to the forefront. While the CPSC is continuing to accept reports through phone, fax and mail, the new website is intended to expedite the two-way flow of information between the CPSC and the public. The CPSC also has an email distribution list that will alert consumers to recalls as they happen. By working together, consumers and the CPSC can help ensure the safety of consumer products and hopefully minimize the incidence of resulting, life-altering injuries. — T. David Hoyle is an attorney with Motley Rice in Mount Pleasant, South Carolina.
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H&F HOME & FAMILY
It’s Tough Raising a Kid These Days By Michael Cowen
T
here seems to be so much “noise” around kids these days — those external factors that seem to directly work against your goals and decisions. Navigating around these obstacles can be tricky, but as parents, it’s our jobs to ensure that our children make it through the other side with their minds — and bodies — intact. Here are a few methods for dealing with the madness:
Monitor Internet Usage Preteens and teens have poor judgment. It’s not their fault. Neuroscience has shown that the parts of the brain that provide self control do not fully develop until your early 20s. As a result, you cannot trust that your child won’t end up chatting with people who turn out to be predators, post private information or even post inappropriate photos that will end up being circulated all over cyberspace. Monitor your child’s Facebook page — “friend” them so you can see what he/she is doing. Follow him/her on Twitter. Be sure nothing inappropriate is being posted. And talk to your kids about the dangers of online creeps who pose as someone else to lure them into their clutches. Remember, if your child is under 13, they should not be on any social networking sites to begin with. One final note: remember, once it’s posted, it’s out there forever. Don’t let your teen forget that.
Limit Teen Driving Just because your teen turned the legal driving age does not mean that you should give him/her free use of your car. Car crashes are the leading cause of death for teens, resulting in approximately 3,000 deaths and over 350,000 emergency room visits every year. Studies have shown that gradually
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phasing in driving privileges leads to fewer traffic accidents and tickets. Other things to consider: limiting the number of passengers in the car, banning cellphone use and texting while driving, limiting driving after dark and, of course, making sure your teen doesn’t drink and drive. (See more, page 57)
Set an example If you want your kids to be safe drivers, you have to practice what you preach. Be sure to use safe-driving behaviors for your child to model. There are plenty of “teachable moments” for you to talk about safe driving with your child each time you ride in the car together. Drive how you would like your child to eventually drive — since he/she will copy you.
Helmets Every year, lives are ruined in otherwise minor accidents because kids suffer brain injuries. Make sure your child wears a helmet when skateboarding, bicycling and/or rollerblading. They might think a helmet looks uncool, but a brain injury is way uncooler.
Pick up your kids anywhere, anytime — no questions asked No matter how good a parent you are, there is a good chance that your teen will eventually end up in a situation where he/she is tempted to drive while drunk or high, or is asked to ride in a car with an intoxicated friend. Often, the teen will take a chance driving while intoxicated because he/she thinks her parents will kill her if she sees them in an impaired condition. Knowing that they can safely call you for a ride may save your teen’s life.
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— Michael Cowen is an attorney with The Cowen Law Group in Brownsville, Texas.
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on campus:
d
Fire Safety Rules
id you know that from 20032006, U.S. fire departments responded to an estimated 3,570 structure fires each year in dormitories, fraternities and sororities, resulting in seven deaths and 54 fire injuries? By now, college is back in full swing. For many, this is their first time living away from home. As they make new friends and establish new routines, a number of factors — including candle use, cooking, smoking and misuse of electrical appliances — can heighten the risk of fire in any campus environment. Following are some important key rules for living a fire-safe life: • Look for housing equipped with an automatic fire sprinkler system when choosing a dorm or off-campus housing. • Make sure your dormitory or apartment has smoke alarms inside each bedroom, outside every sleeping area
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and on each level. For the best protection, all smoke alarms should be interconnected so that when one sounds they all sound. • Test all smoke alarms at least monthly. • Never remove batteries or disable the alarm. • Learn the building’s evacuation plan and practice all drills as if they were the real thing. • If living off campus, have a fire escape plan with two ways out of every room. • During a power outage, use a flashlight — not candles. • Burn candles only if the school permits their use. A candle is an open flame and should be placed away from anything that can burn. Never leave a candle unattended. Blow it out when leaving the room or going to sleep. • Cook only where it is permitted. • Stay in the kitchen when cooking.
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By Alan Perkins
Up to 75 percent of all structure fires involve cooking equipment. • Cook only when you are alert, not sleepy or drowsy from medicine or alcohol. • If you smoke, smoke outside and only where it’s permitted. Don’t smoke in bed or when you’ve been driving or are drowsy. • Check the school’s rules before using any electrical appliances. • Use a surge protector for the computer and plug the protector directly into an outlet. — Fire Marshal Alan Perkins, CFPS, is a founding board member of the Live Safe Foundation (www.live-safe.org) and a 32-year veteran of the fire service. A certified fire protection specialist through the National Fire Protection Association and a member of several similar safety organizations. Perkins is the fire marshal for the Washington Township Fire Department, Dublin, Ohio.
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THIS IS WHAT THE “BAR OF JUSTICE” HAS COME TO MEAN TO MORE AND MORE AMERICAN CONSUMERS AND WORKERS
“The right to sue and defend in the courts is the alternative of force. In an organized society it is the right conservative of all other rights, and lies at the foundation of orderly government. It is one of the highest and most essential privileges of citizenship.” That’s what the Supreme Court said a century ago. But now the “right conservative of all other rights” is under attack. Public Justice was founded to enforce that fundamental right. We fight in the courts – for the wronged, the poor and the powerless; the environment; consumers’ rights; workers’ rights; civil rights; civil liberties; and corporate and government accountability. We cannot allow access to the courts to be eliminated for anyone.
Help us keep the courthouse doors open for all! To support our Access to Justice Campaign, become a member of the Public Justice Foundation, or to learn more about our fight to hold wrongdoers accountable, visit our website at www.publicjustice.net or call us at (202) 797-8600.
Maximum Protection
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GETTING YOUR VEHICLE READY FOR WINTER WEATHER
By Craig Kelley
F
or most of us, preparing for winter is often a daunting task. We prepare our homes with extra insulation, sealing up drafty spots to protect us and our dwellings from the cold. We wear warmer winter clothes to protect us from the elements. So, why wouldn’t we take the same care with our vehicles? This winter season, make sure your vehicle is as protected as you and your home. Spending the extra time and effort to get your vehicle properly prepared for winter conditions will save you money ... and could prevent you from injuries in an accident. Before cold, wet and winter-driving conditions are upon us, take precautions: Take your car to a mechanic and check out the following: battery, radiator fluid levels and protection temperature of your anti-freeze in your system, brakes, hoses and belts. Make a visual inspection of your vehicle lights. Make sure the front and rear lights are operational, paying particular attention to the car’s flashing hazard lights. Change your wiper fluid so it doesn’t freeze. Instead of toughing it out until spring, exchange the fluid with one made especially for protection during freezing conditions. Purchase winter wiper blades to cut through snow and ice instead of using summer blades throughout the year. Make sure your heater, defroster and rear-window defroster are working properly.
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From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2433
Check the spray nozzles of your windshield-washer system. They can get blocked by wax or debris, which can be cleared with a needle or pin. Carry emergency equipment in your vehicle, including jumper cables, a snow/ice scraper, a flashlight, a fresh supply of extra batteries, flares, a shovel, first-aid kit, basic hand tools, blankets and, if at all possible, a cell phone and car charger in case of a breakdown or other emergency. Matches, extra clothes, bottled water and non-perishable snacks in your truck/ storage area will complete your emergency kit. Don’t forget to keep plenty of gas and windshield washer fluid in your vehicle. Keep your gas tank at least half full in the cold season. This will reduce condensation in your tank and fuel system and make your vehicle easier to start when cold. Clean the snow and ice off of your entire vehicle each time you drive for maximum visibility and safety. This includes not just the windows, but also the mirrors, head/tail lights and your hood and roof. The extra time spent is far better than dealing with an accident or damage to a vehicle due to poor visibility. If you take good care of your vehicle before the winter season arrives, your vehicle will take great care of you all winter long and help keep you safe. Once last piece of advice: always check the road conditions before driving away so you are prepared for what lies ahead. — Craig Kelley is an attorney with Inserra & Kelley in Omaha, Nebraska.
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54 / THE SAFETY REPORT / FALL 2011
vehicle
By Bret Hanna
LET YOU DOWN? Before you hit the road, make sure you have an emergency kit in your vehicle. Although not necessarily practical for every trip, every time, every destination, the ideal kit would contain these items: + Fresh drinking water + Food + Waterproof matches and candle + Flashlight and spare batteries + Orange warning sign and flares + Whistle + Blankets + First-aid kit + Towel + Collapsible shovel + Jumper cables + Cellphone and charger + Rope + Cutting device + Duct tape + Basic tool kit + Gloves, hat and boots + Chains or traction devices If you break down, turn on your hazards immediately. If there is a hard shoulder to stop on, look for any debris and then stop with wheels turned away from traffic. Otherwise, get the vehicle as far away from traffic as possible. Exit your vehicle away from traffic to stay as safe as possible. If the car is not drivable, stay in it and call for help or wait until someone stops to help if you can’t make a call. Regardless, get to your emergency kit as soon as you can. Put out the orange emergency sign and road flares if you can safely do so.
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Then, if the problem is something you can fix — such as a flat tire, for example — check for safe clearances from traffic before jacking the car up. If the problem is not something you can fix, call for roadside assistance from any provider you subscribe to for service or contact a local tow and mechanic service if you don’t have roadside assistance service. While waiting, try to stay in a location that does not obstruct your emergency lights and signs.
Prevention The most important safety tip when it comes to vehicle breakdowns is to try and avoid them. The leading cause of vehicle breakdowns is maintenance neglect. So, the most important thing to pay attention to is routine maintenance. Get the oil changed and all fluids checked approximately every 3,000 miles. Keep your tires in good condition and pay special attention to keeping them properly inflated. Rotate and balance the tires every 5,000 miles, including the spare if it is full size. Most tire sellers will do the rotations and balancing free of charge after you purchase from them. Also, as boring as it may be, review the manufacturers proposed maintenance schedule and try to follow it if you can. For instance, most manufacturers suggest replacing the timing chain/belt in the 90,000- to 110,000-
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2434
mile range, but some suggest it as low as the 75,000-mile mark. Regardless, it is wise to invest the several hundred dollars to get it done because if it breaks, you are dead in the water and the breakage may cause engine damage — in addition to the cost of replacing the belt. The manufacturer’s checklist will alert you to other critical maintenance issues. It is also a good idea to pay attention to your vehicle as you drive it. Periodically, check the headlights, turn signals and brake lights to make sure they are working. After you have had your vehicle for a short time, you will develop a sense of how it sounds and drives. If you notice changes to the “normal,” it is time to investigate. Look for tire and brake issues, and have the steering checked if the wheels starts to respond differently as you drive. The time and money you spend on routine issues will likely save you a lot more time and money down the road. — Bret Hanna is an attorney with Jones Waldo Attorneys in Salt Lake City, Utah.
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By Michael G. Phelan
ROAD TRIP READY Fall can be the time for late-season family vacations and weekend car trips to beaches, rivers, lakes, mountains or recreational facilities. Before hitting the highways, take the following safety precautions recommended by the National Highway Traffic Safety Administration (NHTSA): Perform a vehicle safety inspection. See sidebar for a complete list from the NHTSA. Never leave children or pets unattended in a parked vehicle — especially during warmer weather. Even on a relatively cool day and with windows partially cracked open, temperatures inside a vehicle can soar, rapidly causing occupants to suffer from heat illness or even die from heatstroke. Always use child safety or booster seats. NHTSA guidelines for proper child safety and booster seat use can be found at www.boosterseat.gov under “Which seat is right for my child?” Have a fully charged cellphone, a cellphone charger and an emergency roadside kit in your vehicle (see page 54 for a detailed list). All vehicle occupants must wear seat belts. This is the single most important way to keep you and your passengers safe on the road.
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Avoid driver fatigue. Schedule your trip to allow for frequent breaks. Stopping for food or beverages, taking time to pull over at a rest stop just to stretch your legs, staying overnight at a motel or local bed and breakfast, and sharing the driving are all good strategies for avoiding fatigue and staying alert behind the wheel. — Michael Phelan is an attorney for the Law Offices of Michael G. Phelan Esq. in Richmond, Virginia.
BEFORE HITTING THE ROAD... BE SURE TO CHECK THE FOLLOWING BEFORE YOU START ANY ROAD TRIP: Tires — Air pressure, tread wear, spare Belts and hoses — Condition and fittings Wiper blades — Wear and tear on both sides Cooling system — Needed servicing and coolant level Fluid levels — Oil, brake, transmission, power steering, coolant and windshield Lights — Headlights, brake lights, turn signals, emergency flashers, interior lights and trailer lights Air conditioning/heat — Sensitive to heat/coldness? Check your A/C performance and/or heat output before traveling. Source: National Highway Traffic Safety Administration (NHTSA)
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2435
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56 / THE SAFETY REPORT / FALL 2011
HAS YOUR RECALLED
CAR
BEEN REPAIRED?
a
By Wayne Hogan
fter the spate of Toyota recalls for product safety defects, Congress requested that the Government Accounting Office (GAO) perform an analysis of the effectiveness of vehicle defect recalls. In June 2011, the GAO issued its report, which details key findings and recommendations. Among those is this important point: Under federal law, the National Highway Traffic Safety Administration (NHTSA) cannot require used-car dealers (or franchised dealerships that sell used vehicles) to notify potential buyers of an outstanding safety defect or require that they get the defect remedied prior to sale. A result is that, in some instances, a used-car dealer may not be aware that an outstanding safety defect exists in a vehicle. In particular, GAO reported that “a used-vehicle dealer association with over 20,000 members told us that because used dealers do not have a franchise agreement with the manufacturers, they do not receive the defect notices that manufacturers send to franchised dealers. Moreover, usedcar dealers we spoke with told us that generally they do not receive defect notices from manufacturers, except in certain cases, such as when a used dealer purchases previously leased vehicles directly from a manufacturer.” Because of this finding, it is important for consumers to know that NHTSA
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provides the public with guidance and information on safety recalls, primarily through its website, safercar.gov. There, NHTSA maintains a database that the public can search for safety recalls by entering year, make and model of a vehicle. The agency’s website also provides basic guidance on what to do in the event of a safety recall. For example, the website offers guidance
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2436
to vehicle owners about what to do if they do not receive a recall notification letter, but believe that their vehicle may be affected by a recall. GAO also recommended to NHTSA that it seek legislative authority to notify potential used car buyers of recalls. — Wayne Hogan is an attorney with Terrill Hogan in Jacksonville, Florida.
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HIT THE BRAKES ON DISTRACTED DRIVING…
Before It’s Too Late According to a recent report by the Governor’s Highway Safety Association (GHSA), there is no evidence that banning cellphone use while driving is effective. The report also states that hands-free phones are no less dangerous than handheld phones. Despite this conclusion, the GHSA recommends that all states enact cellphone and texting bans. Currently, nine states prohibit all drivers from using handheld phones while driving, while 34 states have banned text messaging for all drivers. However, no state has banned all cellphone use for all drivers. Cellphone use appears to be the most common type of act that distracted driving laws aim to prevent. Twothirds of drivers have reported using a cellphone while driving, but distracted driving is a much broader concept. Any activity that diverts a driver’s attention away from the road is considered a distraction. Some examples include eating, drinking, using a GPS device, talking, grooming, reading directions or maps, watching portable televisions or
changing the radio station. While cellphone laws are a positive step toward reducing distracted driving, they should not be the primary motivation for people to stop using cellphones while driving. The reality is that distracted driving is a very serious and potentially fatal problem. According to distracted driving statistics compiled by Oklahoma Law, distracted drivers are 23 times more likely to cause an accident compared with drunk drivers who are seven times as likely to cause one, making them some of the most dangerous drivers on the road. In fact, in 2009, out of 33,808 car crash deaths, reports indicate that 16 percent (or 5,474 cases) could be attributed to driver distraction. Even more staggering is that research suggests up to 80 percent of driver deaths could have involved distraction. To reduce the possibility of distracted driving, here are some tips that will help
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2437
By Noble McIntyre
everyone be safer on the road. Turn off your phone before you get in the car. Set up a special voice message to tell callers you are driving and you will get back to them as soon as possible. Pull over if you need to make a call. Ask a passenger to make important calls for you if the calls can’t wait. Do not text, surf the Web or read emails. Become familiar with state and local laws before you get in the car. Program your GPS device, review maps and read directions before you drive. Secure pets before you drive. Do not argue with any passenger in the car. Avoid any activity that will take your mind and eyes off the road.
— Noble McIntyre is a senior partner at McIntyre Law in Oklahoma City, Oklahoma.
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58 / THE SAFETY REPORT / FALL 2011
COM M E NTA RY:
Standing My GROUND ON Teenage Drivers
A
By Jeff Weinstein
sk a young adult what the greatest killer of their generation is and, I promise, you will be bombarded with many answers to the question. However, while most of the answers make good common sense, the correct answer is often overlooked. The greatest killer of young adults in America today is car collisions. Realizing the dangers asociated with teen drivers, when is it appropriate to allow your young and preteen children to ride in a car with a teenage driver?
My wife and I have three children, Avery, 11; JoJo, 9 and Ryan, 7. The answer for me is easy. It’s never. I’ve met most of my children’s friends and their friends’ siblings; I admit that it’s going to be a tough sell for me to move off my position. It is every parent’s worst nightmare to receive a late night call or law enforcement visit to their home advising that there has been an accident involving their child. The statistics on injuries and death to teenagers and their passengers are eye opening. My own research indicates that over half of the teenage passengers killed in motor vehicle collisions were passengers in a car operated by a teenage driver. While our family may be liberal in our rule enforcement on making beds and cleaning rooms, I believe that non-negotiable rules must be enforced concerning young people and the decision to allow/not allow them to ride with teenage drivers.
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Experience is such an important factor in teenage driving. The problem is, how do you measure the experience of a 16-year-old driver who has only recently earned a license. Asking questions of both the teenage driver and your teenage children will not likely reassure you on whether to allow the teenager to drive your children around. I can hear the discussion at my house now. “So and so’s dad lets him drive the family car whenever he wants” or “Can you believe it? Suzie’s dad bought her a brand-new car.” Just because we like Suzie and think she is a nice girl does not mean she is a good driver. Likewise, just because we like Suzie’s parents does not make her a good driver. All of our children can drive the family golf cart but I’m not ready to turn the keys over just yet. I believe adults have a duty to discuss the consequences of bad or reckless driving with the teenage driver. After all, the teenage driver is about to take our most-prized possessions for a ride in a 4,000-pound vehicle that is capable of going from zero to 60 miles per hour in under 12 seconds. If you feel as though something isn’t right, don’t allow your child to get in the car. Your gut instinct may be 100 percent right on concerning a particular teenage driver. When I was growing up, my mother used to say nothing good happens after 10 p.m. I now completely understand what she meant. Setting curfews and demanding they be met will set the standard for whether my child will ever again ride with a particular teenage driver or not. I’m sticking to the fundamental rule that as long as the children are living under our roof, I have the absolute right to determine whether they go out, with whom they go out and how long they get to stay out. One of the hardest things for a young person to do is to admit they are scared. I want to make sure our children understand that if they are in a car with a teenage driver who is being reckless, they can call me to come get them with no questions asked and no “I told you so” discussions. I am more concerned about our children riding with a teenage driver than I am about most of the issues we face as parents. Allowing our children to ride in a car with a teenage driver is perhaps the most dangerous activity we can allow them to do. I realize that eventually some teenager is going to drive up to our home and drive away with one or more of our children. I hope when the time comes that my wife and I and our children respect the rules we set out and that our children understand that they too are responsible for assuring their safety.
3 FACTORS
That Play Into Teen Driving Each year, more than 3,000 teens are killed in car and truck crashes, according to the Centers for Disease Control and Prevention (CDC). The equivalent of two classrooms full of high school students will die in Oregon this year from preventable crashes. According to the American Academy of Pediatrics, a 16-year-old driver is 20 times more likely to have a motor vehicle crash than any other licensed driver. Here, read three factors that can contribute to a teen’s driving skills: Lack of Experience » New drivers are not used to detecting and responding quickly to traffic hazards. They generally have less control of the vehicle and have little experience anticipating the actions of other drivers. Experienced drivers sometimes forget that it takes a lot of practice to safely maneuver in everyday situations and react to unexpected circumstances. Risky Behavior » The region of the brain that inhibits engaging in risky behavior is not fully formed until age 25. Teenagers may engage in risky driving behaviors, such as speeding, running red lights and stop signs, tailgating, weaving in and out of traffic, and not keeping a safe distance because they might not fully understand the risks of their actions. Adolescents are more influenced by their emotions, stress and peers — leading them to take more risks. Additionally, teenage drivers are less likely to use seat belts, significantly increasing their risk of injury in a crash. Distractions » Any new or inexperienced driver is challenged when faced with driving distractions. Distractions can be minimized by limiting passengers, advising your teen to turn off their cellphone while driving and limit the use of external devices, such as iPods (see page 57 for more on distracted driving). — Tom D’Amore is an attorney with D’Amore Law Group PC in Lake Oswego, Oregon.
— Jeff Weinstein is an attorney with Weinstein Law in Athens, Texas.
CONTINUED ON NEXT PAGE
60 / THE SAFETY REPORT / FALL 2011
TIPS » For Keeping Your Teen Driver Safe » Set a good example. Be the model for correct, legal driving behavior. Make sure you are familiar with all controls and safety devices in each of the family vehicles — it’s a good safety check for parents, too. Remember to turn off your phone while driving. » Provide a safe, reliable vehicle. Making sure your motor vehicle is mechanically safe is crucial to ensuring your child’s safety, and helps them learn how to care for and maintain a vehicle. » Offer guidelines. Let your kids know what you expect of them in a clear, calm and positive way.
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Do not assume your teenager knows what you want them to do. » Remember the learning curve. Making mistakes is part of learning. Be supportive and relaxed, and discuss the errors with them: separate physical errors (i.e., turning the wheel too soon) from mental errors (i.e., not detecting a problem) and coach your teen accordingly.
Johnny
Desiree
— Tom D’Amore is an attorney with D’Amore Law Group PC in Lake Oswego, Oregon.
» Use a Parent-Teen Driving Agreement. These agreements are like a contract between a parent and teen setting rules and guidelines for driving. Establishing limits on your teenager’s driving privileges —- such as a limited number of passengers and no cell-
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2438
Police chases kill at least
Allison
phone — use helps them understand what you expect of them. The contract lets them know that operating a motor vehicle should be taken seriously and the privilege can be revoked if they break the rules and engage in irresponsible driving practices.
3
Brandon
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innocent bystanders every week.
Tabatha
Kristin Kristie
Isaac Chris
How many deaths before it’s not okay? Police chases for non-violent crimes often spin out of control, killing and injuring innocent bystanders.
PursuitSAFETY is a national nonprofit organization working to raise awareness about a real crisis that will continue to affect thousands of law-abiding people if we don’t come together and do something about it. Please visit pursuitsafety.org so you can find out more about what PursuitSAFETY is doing to:
• Serve injured victims and bereaved families • Unite people together to solve this global crisis, and • Save Lives by promoting pursuit policies and legislation that strike an appropriate balance between (a) apprehending fleeing drivers or answering first-responder calls and (b) ensuring public safety. Your tax-deductible gift will help us save lives.
A National Nonprofit Organization • PO Box 3128, Chico, CA 95927 • 530-343-9754 • www.pursuitsafety.org
the
ABC’s
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of child safety seats Have you taken a good look at the revised child safety seat recommendations? The new guidelines, released by the American Academy of Pediatrics (AAP) and the National Highway Traffic Safety Administration (NHTSA), were created through a better understanding of what keeps children safe in car accidents. The new guidelines are based on age — instead of seat type — and generally recommend that parents keep their children in each type of seat for as long as possible before moving them up to the next level. Here’s how they compare:
Former Guidelines Under 1 year: It was recommended or required that an infant be rear-facing. Ages 1-4 (or up to 40 pounds): Children should be in a forward-facing safety seat with a five-point harness. Ages 4-8 (or 40-80 pounds): Children should be in a belt-positioning booster seat.
New Guidelines Under 1 year: Children should always ride in a rear-facing car seat. Ages 1-3: Children should be kept rear-facing until as long as possible — defined as when they reach the seat manufacturer’s maximum weight or height limitation. Once that limit is reached, they should be placed in a forward-facing seat with a five-point harness. Ages 4-7: Children should be in a seat with a five-point harness as long as possible — until they reach the seat manufacturer’s maximum weight or height limitation. Once that limit is reached, they should be placed in a belt-positioning booster seat.
By Bryan Slaughter
The new guidelines are based on age instead of seat type, and generally recommend that parents keep their children in each type of seat for as long as possible before moving them up to the next level. Ages 8-12: Children should be placed in a belt-positioning booster seat until they are large enough for a seat belt to properly fit (4’9”). A properly fitting seat belt will lie snugly across the upper thighs, not the stomach. The shoulder belt should lie snug across the shoulder and chest and not cross the neck or face. Up to age 13: Children should stay in the back seat until they are 13 years of age. Many parents may believe that complying with their state’s child restraints
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2439
laws is sufficient. However, rather than rely on your state legislature for how to best protect your child, do your own research and get educated.
— Bryan Slaughter is an attorney with MichieHamlett in Charlottesville, Virginia.
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62 / THE SAFETY REPORT / FALL 2011
The Nitty-Gritty on Buying a Safe Car By Larry E. Coben
The automotive marketplace is booming with new safety gadgets. There are lots of choices, some of which make driving more fun and other features that make driving a bit safer. To that end, here are a few options to consider as you ponder your next vehicle purchase: Stability Control and ABS - Both features can help drivers retain control of their vehicles in dangerous situations. Stability control is an essential feature for trucks and SUVs that have an increased rollover risk. Electronic Steering Control (ESC), Traction Control and AWD - These features can also improve traction in poor weather and off-road conditions. They are very useful in areas with significant snowfall and poor snow removal and in the rain. Reverse Sensing - Reverse-sensing detectors or backup cameras are helpful to prevent impacts with children or objects that might be below your line of sight. Roll Stability Control - This reduces the risk of a vehicle rollover in extreme cornering or evasive turning, especially for vehicles that stand tall with a high center of gravity. The system uses a gyroscopic sensor and the ESC system by braking one or more wheels and reducing engine power. Curve Control System (CCS) - This platform is an extension of roll stability control. The system senses when you are entering a curve too quickly and automatically slows the vehicle speed by reducing engine power and applies braking to the four wheels. Blind Spot Detection - This feature warns a driver that a vehicle is in his or her blind spot — areas to the side and rear of the vehicle outside the driver’s view. Sensors (camera, ultrasonic or radar) monitor the vehicle’s sides and rear for other
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vehicles approaching from behind and alert the driver with lights mounted in either the side-view or rear-view mirrors or the door. Automatic Crash Notification - Some manufacturers include systems that can automatically notify authorities in the event of a crash. Forward Collision Warning - This feature senses when the vehicle ahead is slowing or stopped and alerts the driver of the risk of a possible crash. The system monitors the relative speed and following distance to the vehicle in front. When your vehicle gets too close to the vehicle in front, a signal (audible and/or visual) alerts the driver. Many
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systems will also activate the seat belt pretensioners, precharge the airbag systems and the brakes. Advanced Forward Lighting - This is a term used for lights that can automatically adapt to changing driving conditions (road and visibility). Some systems can swivel the main beams left and right up to 15 degrees according to the vehicle’s travel path (angle of the curve) and speed. This provides greater lighting to the road ahead. Other systems can automatically switch from high beams to low beams when it detects an approaching vehicle. Night Vision - This helps drivers see people or animals in the distance at
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2440
50
At leAst children Are bAcked over by vehicles every week. 48 are treated in hospital emergency rooms. 2 die.
night. It generates a video image in real time in either the head’s-up display or on a screen in the instrument panel. The potential safety advantage of night vision is in facilitating earlier detection of objects compared to headlamps alone. Tire Pressure Monitors - This feature checks the tires’ air pressure and alerts the driver by voice, message or other warning signal when a tire’s pressure has dropped below a safe level. For more information, visit www.nhtsa.gov. — Larry E. Coben Esq. is an attorney with Anapol Schwartz PC in Scottsdale, Arizona.
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64 / THE SAFETY REPORT / FALL 2011
Commentary:
By Pierce Egerton
ROUNDABOUTS CAN BE TRICKY You know what a roundabout is, right? It’s a circular intersection that’s been touted by transportation officials as a proven safety solution that reduces the severity of crashes. They slow traffic down, so that makes sense. Officials also say they reduce the number of accidents. However, that claim is open to debate. In the eight months following a roundabout opening in Raleigh, North Carolina, 42 accidents took place. In another example, a newspaper in Albany, New York, reported that crashes increased at 15 of the 20 roundabouts constructed in the region. The problem is that some roundabouts are complicated and difficult to navigate. Roundabouts fall into two categories: single-lane and multi-lane. It seems as though the multi-lane roundabout tends to confuse more drivers, especially right after they open as it takes a bit more time to get used to navigating it. At the Raleigh roundabout, for example, crash counts were highest in the first three months after it opened. I have had an unusually good opportunity to observe drivers trying to tackle newly constructed roundabouts. In a nearby small town, three roundabouts were built this year, each less than 100 yards from the other. Two are singlelane and one is multi-lane. The single-lane roundabouts work great: one was built at the entrance to a shopping center, where traffic jams were a daily problem and making a left turn was near impossible at rush hour. Now the traffic flow is smooth and drivers seem to know intuitively what to do. I can’t say it’s as calm at the multi-
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lane roundabout. I observed two problems: Some drivers don’t understand who has the right of way. And, with a wider, two-lane roadway, drivers approach and enter the intersection much faster. I even witnessed one close call in which an apparently very safetyconscious driver avoided being hit by another car. All in all, roundabouts do improve safety. According to the Federal Highway Administration, at locations in which these intersections are installed, there is more than a 90 percent reduction in fatalities and a 76 percent reduction in injuries. Head-on and high-speed, right-angle collisions are virtually eliminated. Given this information, here are some guidelines to remember as you drive through a roundabout. Slow down.
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 2441
If there’s more than one lane, use the left lane to turn left, the right lane to turn right and all lanes to go through, unless directed otherwise by signs and pavement markings. Yield to pedestrians and bicyclists. Yield at the entry to circulating traffic. Stay in your lane within the roundabout and use your right-turn signal to indicate your intention to exit. Always assume trucks need all available space — don’t pass them. Clear the roundabout to allow emergency vehicles to pass. And finally, keep an eye on the vehicles around you. Always expect the other driver to make a mistake. If you follow these directions, you stand a good chance of being able to react and prevent an accident. — Pierce Egerton is a partner with Egerton & Associates in Greensboro, North Carolina.
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