Winter 2011-12 / VOL 3 ED 1
thesafetyreport.com
Are You Ready FOR BABY?
Holiday Season Travel DETECTING AUTISM EARLY
WATCHING YOUR WAISTLINE IS A DRINK EVER REALLY JUST A DRINK?
from the publisher» Season’s Greetings and Happy New Year! This is a time of year in which we celebrate the old and welcome the new. And what better way to do so than by dedicating this issue’s cover to pregnancy — “Are You Ready for Baby?”
PUBLISHER Tom Young tyoung@thesafetyreport.com MANAGING EDITOR Stephanie Andre sandre@thesafetyreport.com ADVERTISING INFORMATION advertising@thesafetyreport.com
There’s no way to measure how much joy my children have brought me over the years. But anyone who already has kids will tell you that parenting — and before that, pregnancy — brings with it tons of responsibility. To that end, in this issue’s cover section, we take you step-by-step through the dos and dont’s of pregnancy, offering important tips and advice for expectant moms. Says March of Dimes’ Deputy Medical Director Diane M. Ashton, M.D.: “Nutrition, getting enough exercise, keeping to a healthy weight and looking at your modifiable behavior are all important factors to think about throughout any pregnancy.”
209 South Howard Avenue Tampa, FL, 33606 (813) 225-1313
Here, we break down a number of key components to consider as you prep for the next chapter to begin: • Eating for two • Do vitamins really help with development? • What medications can you take? • Rest and exercise • Changing your modifiable behavior — smoking, drinking and drugs • Plus, much more Read the entire article, beginning on page 32. In addition to the cover focus, we also tackle a number of other, important child-related topics, including signs of autism (page 4), the lowdown on herbal remedies during pregnancy (page 12) and the very timely topic of protecting your children from sexual abuse (page 38).
CONTRIBUTING WRITERS Kurt Arbuckle / Shelley McKown Beasley Mark Bello / Michael Brandner Mike Bryant / Linda Chalat Tom D’Amore / Lawrence Egerton Brett Emison / Janette Fennell Bret Hanna / Richard Hastings Tor Hoerman / Beth Janicek
Given the news as of late, this topic has unfortunately become front-and-center in most adult conversations. Please read this story. Please read the tips and warning signs, including the sidebar, “15 Ways to Protect Your Child.”
Doug Landau / Melissa Landau
Talk to your kids. Know where they are and who they’re with. Give them all the love you can. From pregnancy to adulthood, your job as a parent never ends.
Mike Myers / Christopher T. Nace
From our family to yours, we wish you the very best winter season.
Steven Kazan / Craig Kelley Noble McIntyre / John McKiggan Brian Nettles / Christopher T. Nidel Wayne Parsons / Alan Perkins David Ransin / Kevin Ryan Jason D. Salomon / Mary Schiavo Larry Slagle / M. Brandon Smith Daniel G. Stockin / Pete Strom
Publisher, The Safety Report
Jerry Trachtman / Mark Willingham
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table of CONTENTS
winter 2011-12
O N TH E COVE R
04. Detecting Autism Early
14. Watching Your Waistline
Season 56. Holiday Travel a Drink Ever 06. IsReally Just a Drink?
F EAT U RED
32 Are You Ready for Baby? Congratulations, you’re pregnant! … Now what? From diet and decorating to temptations and testing, there’s so much to think about once you discover you have a little one on the way. Are you exercising? Eating the right foods? Here, we break down a number of key components to consider as you prep for the next chapter to begin.
08.
Don’t Be Afraid to Ask for Help
13.
How to Stay Flu Free This Season
17.
You’re Dieting ... and Eating Out?
21.
All You Need to Know About Skiing
27.
Holiday Shopping Safety Tips
29.
Key Tips for a Happy New Year
38.
Protecting Your Child from Sexual Abuse
41.
The Safe Home Purchase
50.
Small People + Small Room = Big Problems
H&W HEALTH & WELLNESS
Detecting Autism Early By Brian Nettles
Autism is the fastest-growing serious developmental disability in the U.S, affecting 1 in 110 children and 1 in 70 boys. Did you know that? Autism spectrum disorder is a range of complex neurodevelopment disorders, characterized by social impairments, communication difficulties and repetitive patterns of behavior. The disorder’s severity ranges from classic autism
to Asperger’s syndrome, a milder form. An estimated 1.5 children in the United States alone — and tens of millions worldwide — are affected by Autism, according to Autism Speaks, the U.S.’s largest autism science and advocacy organization. Government numbers suggest the prevalence rate of autism is increasing at 10 to 17 percent annually, but no one knows why.
THESAFETYREPORT.COM / 05
Just as the symptoms and increasing numbers vary, so do the ways to obtain a diagnosis. Medical professionals will observe behavior and perform psychological testing before a child ever receives a diagnosis. While the cause of Autism remains unknown, experts do know one thing for certain: the sooner a child is diagnosed, the more likely the child will benefit from the current therapies available. From birth to at least 36 months of age, Autism Speaks suggests that every child be screened during routine well visits with his or her pediatrician for developmental milestones. Autism research has discovered that children as young as 1 year can show signs of autism. What matters most is that parents are aware of the signs, thus allowing families to seek help immediately. Autism Speaks provides a checklist of “absolute indicators,” often referred to as “red flags,” that indicate if a child should be evaluated. If your child shows any of these signs, it is advised that you immediately seek an evaluation: 6 months old or after: No big smiles or other warm, joyful expressions 9 months old or after: No backand-forth sharing of sounds, smiles or other facial expressions 12 months old: No babbling 12 months old: No back-and-forth gestures, such as pointing, showing, reaching, or waving 16 months old: No words 24 months old: No two-word meaningful phrases (without imitating or repeating) Any age: Any loss of speech, social skills or babbling For more information on detecting autism early, visit Autism Speaks at www.autismspeaks.org. — Brian Nettles is an attorney with Nettles Law Firm in Henderson, Nevada.
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Living with Asperger’s:
A PARENT’S POV By Noble McIntyre
“No Cassidy, I do not know how to build a hovercraft.” I actually spoke these words to my 11-year-old daughter one morning before church. I also do not know how to build solar panels for our house, a zero-gravity chamber for her bedroom or a hydrogen-powered car for the family. Those are just a few of the many things I’ve been asked about by my precious daughter. Cassidy, on the other hand, does know about those things and is more than happy to discuss them at length. She knows because she reads… and reads... and reads. She read the entire “Harry Potter” book series in a week. She reads the Wall Street Journal, Money Magazine, Reader’s Digest and anything else she stumbles across. However, she also sucks her thumb, struggles to hold a fork or pencil correctly, only recently learned to tie her shoes and, outside of family, has no friends. She wants to eat the same thing for every meal (chicken strips and fries with a Sprite), wear the same thing every day (sweats and tshirts) and has such a strong sense of smell that she moves the trash can out of the bathroom before she will use it. Cassidy is very unique and very special. Cassidy has Asperger’s syndrome. Asperger’s syndrome is an autism spectrum that is characterized by significant difficulties in social interaction, alongside restricted and repetitive patterns of behavior and interests. Like most parents of a child with Asperger’s, we first noticed Cassidy was different from her sisters when she started preschool and begin to interact with other children. She struggled to
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make friends and interact and with social skills. She just plain struggled. Well, not completely. She doesn’t struggle with school. Cassidy tests at college level in reading and comprehension and has straight As. She scored in the 99.99 percentile on the fifth-grade national tests. The kid is a genius. But life will be a challenge for her.
Children with Asperger’s syndrome may: • Not pick up on social cues and may lack inborn social skills, such as being able to read others’ body language, start or maintain a conversation and take turns talking. • Dislike any changes in routines. • Appear to lack empathy. • Be unable to recognize subtle differences in speech tone, pitch and accent that alter the meaning of others’ speech. This means that a child may not understand a joke or may take a sarcastic comment literally. • Be preoccupied with only one or few interests, which he or she may be very knowledgeable about. • Talk a lot — usually about a favorite subject. One-sided conversations are common. Internal thoughts are often verbalized. • Have delayed motor development. A child may be late in learning to use a fork or spoon, ride a bike or catch a ball. He/she may have an awkward walk. Handwriting is often poor. • Have heightened sensitivity and become overstimulated by loud noises, lights or strong tastes or textures or smells. — Noble McIntyre is senior attorney at McIntyre Law in Oklahoma City.
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H&W HEALTH & WELLNESS
Is a Drink Ever Really
JUST A DRINK? By Mark Willingham
Contrary to popular belief, a drink is not just a drink. The variance in alcohol content between drinks is significant and a major contributor to over-service and over-consumption. More significant, however, is the lack of knowledge about standard drink units (SDUs) by professional bartenders, servers and even drinkers themselves, leading to over-consumption and intoxication. Whether one is drinking beer, wine or liquor, the common denominator is ethyl alcohol — the intoxicating agent in every type of alcoholic beverage. Standard drink units compare the amount of beer, wine and spirits that equal 0.6 ounces of pure ethyl alcohol. A 12-ounce regular beer, 5 ounces of table wine and 1.5 ounces of 80-proof spirits all contain roughly 0.6 ounces of pure ethyl alcohol. These values constitute a standard drink unit and represent easily understood quantities of the most popular alcoholic beverages consumed in the United States. With the knowledge of the number of SDUs in one’s alcoholic beverages of choice and the number of SDUs one can safely consume per hour without becoming intoxicated, a drinker can enjoy their favorite alcoholic beverage and not become a risk to themselves or others: Consider your drink of choice. Do you enjoy a beer or a
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glass of white wine with dinner? A 12-ounce beer or a glass of white wine — if it is not the 6- to 7-ounce pour that many casual dining establishments now consider customary — is one standard drink unit. Do you like more exotic drinks? A Tequila Sunrise or Sex on the Beach contains 2.4 SDUs each. A frozen margarita or a standard Cosmopolitan contain 2.7 SDUs, while a martini contains 3 SDUs, or the equivalent of three shots of 80-proof liquor. To put this into perspective, if a 120-pound female consumes two Cosmopolitans within one hour, her probable BAC could be as high as 0.18, more than twice the presumptive level of intoxication for the operation of a motor vehicle. If a 180-pound male drinks two martinis within one hour, his probable BAC could be as high as 0.12, 50 percent above the presumptive level. Yet, in most cases, neither the bartender nor the drinker considers the amount of alcohol in these drinks. The common practice is to consider each a “drink” regardless of the alcohol content. Unfortunately, the concept of a standard drink unit and the number of SDUs contained in various alcoholic beverages is unfamiliar to most drinkers, bartenders and alcohol servers. However, this education is what will lead to the prevention of needless tragedies and ensuring a safe and caring hospitality industry. — Maj. Mark Willingham served with the Florida Division of Alcoholic Beverages and Tobacco for 30 years where he policed and regulated the alcoholic beverage industry. He is a national expert in matters pertaining to responsible alcohol retailing and dram shop liability. Willingham can be reached at 904-707-4400, Mark@AlcoholSolutions.org or www.alcoholsolutions.org.
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contraceptive
By Brett Emison
POSES SAME PROBLEMS AS PREDECESSORS?
m
ore than 50 years ago, birth control was introduced to America. “The Pill” gave women more control over their bodies, but not without certain health risks. One set of contraceptive pills — Bayer’s Yaz, Yasmin and Ocella — has been found to have particularly dangerous side effects. These drugs are marketed under different names, but are chemically the same. The problem lies primarily with their key chemical ingredient, drospirenone. Yaz, Yasmin and Ocella combine estrogen with drospirenone. No other oral contraceptive (or birth control pill) contains the drug. In fact, the combination of chemicals in Yaz, Yasmin and Ocella has been linked to potentially deadly side effects, including heart attack, stroke, pulmonary embolism, deep vein thrombosis and gallbladder disease. Despite these documented problems, Bayer released a new birth control pill this winter — Beyaz. Made of virtually the same chemical formulation as Yaz and Yasmin, Beyaz simply adds folic acid (vitamin B-9) to the Yaz formulation. Recent studies have shown that
women using birth control pills that contain drospirenone are 64 percent more likely to develop blood clots than women taking birth control pills that do not contain the drospirenone hormone component. What’s more, studies also show that women are twice as likely as men to develop gallstones.
Marketing Practices Yaz, Yasmin, Ocella and Beyaz are particularly dangerous because they have been marketed to young women with misleading advertising and false claims. In fact, the Food and Drug Administration (FDA) has sent several letters to Bayer HealthCare Pharmaceuticals Inc. for what it calls “misleading” advertising claims it found “particularly troubling” because they serve to “undermine the communication of important risk information, minimizing these risks and misleadingly suggesting that Yaz is safer than has been demonstrated by substantial evidence or substantial clinical experience.” From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 3103
In addition, these drugs have been targeted as a means to reduce acne or reduce premenstrual symptoms. To that end, some doctors have even prescribed these drugs for non-sexually active girls as an acne fighter.
Beyaz versus Yaz In 2011, it became apparent to many that Bayer is attempting to repackage Yaz under a new name and only slightly different formulation: Beyaz includes folic acid — a known fighter of potential birth defects. Even after being warned multiple times, it looks like Bayer will continue to produce and advertise these products. Stemming from the above complaints about Yaz, Bayer released a product with similar flaws, but in a slightly different formulation. Unfortunately, none of those modifications addressed the dangerous side effects of its predecessors. — Brett Emison is a partner at the Lexington, Missouri, office of Langdon & Emison.
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H&W HEALTH & WELLNESS
Don’t Be
AFRAID By Larry Slagle
to Ask for Help S
am stopped by my office one Friday morning. While Sam was several years older than me, we had grown up in the same town and both returned to practice law. He often asked for advice on legal issues in my specialty and I sent clients to him in his. That day, Sam was not himself. He was normally fun to talk with. He seemed preoccupied. Sad. Burned out. Depressed. People with low self-esteem, who consistently view themselves and the world with pessimism, or are readily overwhelmed by stress, may be especially prone to depression. Depression can strike anyone — regardless of age, background, socioeconomic status or gender. In any given year, 12 percent of women (nearly 12 million women) in the United States are diagnosed with depression compared to 7 percent of men (more than 6 million men). Research at the National Institute of Mental Health (NIMH) on depression awareness has shown that people may be unaware that physical symptoms, such as
THESAFETYREPORT.COM / 09
headaches, digestive disorders and chronic pain, can be associated with depression. Depression in men can present itself differently than in women. Men are more likely to acknowledge fatigue, irritability, loss of interest in hobbies, sleep disturbances and discouragement, rather than feelings of worthlessness or guilt. Men’s depression is more often masked by alcohol or other drugs or by the socially acceptable habit of working excessively long hours. Even when a man realizes he is depressed, he may be less likely to seek help. Men express concern about seeing a mental health professional, thinking that people would find out and it might have a negative impact on their job security, promotion potential or health insurance benefits. Encouragement and support from concerned family members and friends can make a difference. I am a runner — as much for stress relief as for weight and health reasons. I prefer to run at lunch. That day, I walked out of the office with Sam and suggested we go to lunch. He declined. He was leaving for a vacation that day with his family. ‘Good,’ I thought, ‘you need the rest, relaxation and rejuvenation.’ I told him to enjoy his trip. The following week, I had just started my run from the local YMCA when I was stopped by Paul — ‘Did you hear?’ Hear what? ‘Sam took his life this morning.’ After collecting myself, I thought, ‘That can’t be, he’s away on vacation.’ Sam had returned on his own, to be alone and deal with his depression in the most permanent of ways. I do not know what Sam’s decision was based on. Overwhelming sadness fought to dominate my thoughts —
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why didn’t I call his wife? What if we had gone to lunch? Why did I not recognize the severity of his mental state? Difficult as it may be to talk about, suicide — or attempted suicide — is a possible outcome of depression. Depression is often ignored or untreated, sometimes for lack of information, sometimes because of the social stigma that is attached to it. Depression can sap a person’s energy and motivation; it can even prevent people from taking steps to help themselves. Those who are seriously depressed are quite likely to have thoughts of suicide. (Note: ‘thoughts’ do not necessarily imply an attempt or even a desire to act.) There are many things to help maintain mental health and improve your ability to cope with depression: A healthful, balanced diet will help keep moods balanced and overall health status strong. Get regular exercise. If lethargic and tired, the last thing you may feel like doing is exercising. However, exercise has been shown to affect the same neurotransmitters in your brain that are involved in depression. Any regular exercise can help Get sufficient sleep. Cutting short on sleep can contribute to a downward spiral in other areas. If you are having trouble sleeping, consider your sleep habits. If you are sleeping too much, stick to a regular schedule and try to find activities or responsibilities that will get you out of bed in the morning. Develop stress skills and time management skills. These will be helpful and keeping yourself from feeling overwhelmed. There are many good self-help books on stress management. Pay attention to your feelings. Learn to be aware of your feelings and not let them build up to the point where
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they overwhelm you. Develop and use a support system. Talking to people you trust can give new perspectives and support. Let your family and friends know if you just need them to listen, if you just want to vent or if you just need a hug. Let them know that you don’t need them to “fix” the problem or “make it all better.” That day, stopped on the road and learning of Sam’s death, I continued my run: Thinking of Sam and his high school pranks, his stories of service, his road to becoming a lawyer, 40 years of intermittent memories. There was probably nothing I could have done, but I ask what if ... — Larry Slagle is an attorney with Slagle Law Firm in Massillon, Ohio.
What to Do If you think you might be depressed, talk to a health care or mental health professional who can address your concerns. Many effective treatments for depression are available and can provide relief from symptoms in just a few weeks. The most common treatments are psychotherapy (talk therapy), antidepressant medication or a combination of the two. If you are in a crisis and need help right away: Call the National Suicide Prevention Lifeline at 800273-TALK (8255). It’s toll free and available 24 hours a day, every day. You may call for yourself or for someone you care about. All calls are confidential.
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H&W HEALTH & WELLNESS
On Alert
Diabetes Drug May Increase Bladder Cancer Risk
By M. Brandon Smith
T
he Food and Drug Administration (FDA) recently released a safety alert and required a label change for Actos regarding the risk of bladder cancer for users taking the medication for more than one year or taking the highest dose. According to the FDA’s announcement, Actos can lead to a 40 percent increased risk of bladder cancer, based on a study of more than 200,000 patients with type 2 diabetes. Actos (pioglitazone) was first approved in 1999 to help lower blood sugar in patients with type 2 diabetes. Actos is part of a class of drugs known as thiazolidinediones and is designed to help control blood sugar levels by increasing the body’s sensitivity to insulin. Since 2007, when competing diabetes drug Avandia was shown to increase risk of heart attack and other cardio issues, Actos sales have escalated to approximately $4.3 billion in 2010 alone. The popularity of Actos is now of particular concern because the drug has been shown by several studies to increase a user’s risk of bladder cancer when taken for more than a year. The French Medicines Agency suspended sales of Actos after reviewing a cohort study conducted by the French health insurance linking Actos use to bladder cancer. Drug regulators in Germany have also disallowed new prescriptions of Actos, pending further investigation. The Euro-
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pean Medicines Agency (EMA) began a review of Actos in March 2011, which has not yet been concluded (at press time), but may ultimately yield similar findings and results. Numerous lawsuits have already been filed in the United States against Actos manufacturer Takeda Pharmaceuticals, Japan’s largest drug manufacturer, and other related defendants. Between January and October 2010 alone, 2.3 million patients filled prescriptions for Actos, according to the FDA. Based on the 40 percent increased risk, the number of people who may have developed bladder cancer since the drug’s approval in 1999 could easily number in the thousands. Legal experts expect that Takeda Pharmaceuticals will face many more lawsuits in the days ahead as more and more information about the link to bladder cancer is discovered. For those still taking Actos, many medical providers are encouraging patients to consult with their doctors about the use of Actos and perhaps discussing other options available to them. A diabetic patient should never stop taking a medication without first getting their doctor’s approval and having a substitute therapy treatment in place. — M. Brandon Smith is an attorney with Childers, Schlueter & Smith, LLC in Atlanta, Georgia.
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THESAFETYREPORT.COM / 11
The Truth About
FLUORIDATED WATER By Daniel G. Stockin, Christopher T. Nidel and Christopher T. Nace
There may be something in the water after all. New science and a series of disturbing revelations prove that contrary to what most Americans have believed for decades, fluoride in water and other products can potentially be harmful to a number of organs and systems in humans. For decades, there have been independent voices that periodically raised concerns about providing fluoride in drinking water (water “fluoridation”). Water fluoridation began in the 1940s and 1950s, as this was thought to help prevent cavities. Fluoridation spread over the years to much of the United States. It was promoted by dental groups and the Centers for Disease Control and Prevention (CDC), which claimed that extensive research had showed fluoridation to be safe. Then in 2006, the National Research Council issued an exhaustive report on fluoride that documented huge gaps in fundamental research on fluoridation that had never been thoroughly investigated. Shortly after, the CDC quietly changed its statements about use of fluoridated water, specifically for mixing baby milk
formula. The CDC’s actions raised questions about the agency’s motivations, especially when it was learned that the CDC had allowed its Oral Health Division to make determinations about the wholebody safety of fluoridation. In 2008, the National Kidney Foundation changed its stance on fluoridation and its name was removed from the American Dental Association’s list of fluoridation endorsers. News also began to surface that minority populations were disproportionately harmed by fluorides, particularly by “dental fluorosis,” a permanent and costly-to-repair staining of teeth indicative of overexposure to fluorides as a child. In 2010, the National Center for Health Statistics stated that 41 percent of adolescents ages 12-15 now have some form of fluorosis. While the CDC and the Kidney Foundation chose to quietly modify their positions on fluoridation, a growing num-
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ber of cities, such as Quebec, are now starting to publicly question and reject fluoridation. According to CDC statistics, millions of teens and adults now have dental fluorosis. What’s more, the National Research Council now says that kidney patients, diabetics, babies and seniors are “susceptible subpopulations” that are especially vulnerable to harm from fluorides. In addition, this also affects those with bone or joint harm and those with certain thyroid disorders. Moving forward, families should consult medical professionals and consider whether to limit children’s and their own exposure to fluoride. For more information, please visit www.SpotsOnMyTeeth.com and www.fluoridealert.org. — Daniel G. Stockin, Christopher T. Nidel and Christopher T. Nace are attorneys with Paulson & Nace in Washington, D.C.
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H&W HEALTH & WELLNESS
PREGNANT? Use Herbal Remedies With Care
By Kevin Ryan
More and more, people are turning to natural remedies as a replacement for medications manufactured by pharmaceutical companies. After all, medicinal plants and herbs were the original pharmacy for tribes and cultures all over the world. Just as certain pharmaceutical drugs should be avoided during pregnancy to avoid injury to the mother or developing child — or to prevent miscarriage or premature labor — many herbs should be avoided or taken only under the guidance of a health care professional or qualified herbalist. Below is a partial list of herbs that women are often warned not to use when pregnant or nursing. Menstruation Stimulants - Angelica, Motherwort, Rue, Tansy. Uterine Stimulants - Basil Oil, Beth Root, Black Cohosh, Blue Cohosh, Blood Root, Broom, Clove Oil, Dong Quai, Mugwort, Pennyroyal, Rue, Shepherd’s Purse, Wild Yam, Yarrow. Contraction Stimulants - Broom, Goldenseal, Pennyroyal, Red Raspberry Leaf Tea during the first trimester Liver Damage - Coltsfoot, Comfrey Injury to the Developing Child - Peruvian Bark, Poke Root, Pseudo Ginseng, Sassafras, Autumn Crocus, Southernwood, Squill, Wormwood, Mistletoe (toxins may harm fetus), Valerian (sedative may be too concentrated for fetus), Goldenseal (antibiotic may be too powerful for fetus), Life root (toxins may affect fetus), Henbane,
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Aloe Vera (should not be taken internally), Pennyroyal essential oil. Hormone Production - Bugleweed, Ginseng Water Retention and Swelling - Licorice Root Nursing - Goldenseal, Elder bark, European Pennyroyal, Mugwort, Pulsatilla, Southernwood, Wormwood However, some herbs to be avoided during pregnancy can actually be used in the last few days of pregnancy (Borage Oil) or at the onset of labor (Vervain), during labor (Basil Oil, Beth Root, Black Cohosh, Clove Oil, Parsley in medicinal amounts, Yarrow) or immediately after to stimulate the uterus or to control bleeding or blood loss (Broom Root). If you are pregnant, remember that herbs can have a powerful effect on you and your developing child; use them under the supervision of your physician or a trained herbalist. When using herbs, be sure to get them from a reliable source to guard against adulteration by herbs or ingredients not listed or identified on the packaging. If you develop cramps, headache, nausea, stomach upset, diarrhea or any other symptom of illness an hour or two after taking an herb, stop taking it to see if your symptoms ease up. For severe reactions, call your physician immediately. — Kevin Ryan is an attorney with MichieHamlett is Charlottesville, Virginia.
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THESAFETYREPORT.COM / 13
HOW TO STAY
FLU FREE THIS SEASON By Kurt Arbuckle
Flu season typically lasts from the fall through early spring. During this time, some 200,000 people will be hospitalized and as many as 50,000 (with an average of 23,000) may die from the disease. The flu is more dangerous for some groups of people: adults over age 65, children under age 2 and people of any age who have chronic medical conditions, such as diabetes, asthma, congestive heart failure or lung disease. Anyone who contracts the flu is in for at least five days of misery, so we all want to avoid it. Here are some reminders to help you and your family stay flu free for the season. Get vaccinated. The flu is caused by one of many forms of the influenza virus. Every year, scientists figure out the three forms most likely to cause illness and produce a vaccine for those three forms. Even if you are exposed to a different form, it is likely that the vaccine will either prevent or lessen your illness. Because the vaccine is made from dead virus, it cannot cause the flu. Hate needles? No problem. There is a mist version for healthy people between
ages 2 and 49 who are not pregnant. If you are 18 to 64, you can take a version that is given just under the skin with a very small needle. There are very few side effects of the vaccination, but if you have health problems, allergies or are pregnant, be sure to discuss them with your health care provider. Encourage your family, friends and co-workers to contain any coughs or sneezes in a tissue disposing of it immediately; and be a good example. If a tissue is not available, then cough or sneeze into your sleeve near the elbow to be as far as possible away from hands. Coughs and sneezes are the main way the flu is spread. Wash your hands as often as possible with soap and water. Develop the habit of not touching your mouth, nose or eyes with your hands. Try to avoid people who are sick, especially if they are coughing and sneezing. If you get the flu, you can get antiviral medication from your doctor that may shorten or lessen your symptoms. If you have a fever, stay home until you have been fever free for 24 hours. Do not stop breast feeding if you get the flu.
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— Kurt Arbuckle is an attorney with Kurt Arbuckle, PC in Houston, Texas.
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H&W HEALTH & WELLNESS
EAT YOU TRULY ARE WHAT YOU
By Jon Lewis
THESAFETYREPORT.COM / 15
Why is the U.S. obesity level growing each year? Is it just poor eating habits? Is it fast food? Is it lack of exercise? Lack of education? If you grouped all of these factors together and (most likely) mix in a bit of genetics, you will inevitably discover one common denominator: lifestyle. The old adage, “You are what you eat,” could not be truer today. Here’s a breakdown of some of the most fattening — yet easily accessible — foods we regularly consume.
in the case of fast food), which is a double whammy. Don’t be confused by non-carbonated fruit drinks, either. They pack a lot of sugar, too. If you drink a lot of sodas, sweet tea and fruit drinks, try drinking only water for a month and see what it does for your weight.
White Bread –
Ice Cream – It’s not good for you. It’s high in fat, sugar and calories, not to mention the artificial flavors and preservatives. One cup has approximately 350 calories and 20 grams of mostly saturated fat — and that’s just vanilla!
Fried Foods – Fried foods come in so many different varieties: chicken, French fries, chips, doughnuts, etc. Additionally, many fast foods are fried, and with today’s on-thego lifestyle, this is the easy, quick way out. But if you want to try to stay healthy, this is not the way to go. There are too many saturated fats and calories in fried foods, not to mention the potential for chemically altered trans fatty acids and other items that may be in that fat fryer.
Soda – A Coke here. A Pepsi there. A Sprite here. A Dr. Pepper there. Not good. Why? It’s simple: sugar. Sodas are loaded with sugar; not to mention the extra calories. This doesn’t even include fructose corn syrup, which is horrible with a capital “H.” The worst thing about these drinks is the fact that we not only drink these high sugary drinks, but we also eat our meals with them (fried meals,
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Seems healthy, right? After all, it’s made of grains, isn’t it? Wrong! There is very little nutritional value in white bread. It’s added carbohydrates. The body treats white bread as it does sugar. Whole grain breads can be good for you, but most people don’t go that route, especially children. In addition, we eat pretzels, cereals and pizza — all made from this same white flour. Choose whole wheat or rye next time.
Pastas and Rice – Once again, these starches are filled with carbs. Pastas and rice add excess fat. Add a white alfredo sauce or gravy and you are really in for it. If you are going to eat pasta or rice, at least choose the colored kind – whole wheat or brown. Cutting down on these foods may not only help you reduce weight, but they will make you feel better, and when you feel better, you feel like getting out and exercising more. It all works together. — Jon Lewis is an attorney with Lewis, Feldman & Lehane, LLC in Birmingham, Alabama.
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 3109
What Should You Eat? Think about these things: Eliminate Fast food - It will not only make you healthier, but it can cost less, too. There are many sources for quick-and-easy meals. You can put a healthy dinner on the table in less than 30 minutes. How long will it take you to get to a drivethrough and buy a meal? You may save 15 minutes. Is it worth it? Eat More Fruits and Vegetables - Do you snack on chips? Do you eat cereals for breakfast? Try grabbing some fruit or even a healthy snack bar. You don’t have to eat those sugary cereals or fattening chips. Try grabbing some almonds instead. Also, instead of potatoes at dinner, add a side of roasted okra or asparagus. With a little olive oil and pepper, you can be just as fulfilled. Eat More Protein - Lean meats and beans are great ways to fill you up and add fiber to your diet without adding all the bad stuff — sugar and carbs — which lead to fat. Exercise - Do something! The more you do, the more you will want to do. Walk 30 minutes each day. Get on a stair-climbing or elliptical machine. Take a class. Get some friends together to exercise. It helps to be in a group and have that peer pressure when you may not be feeling up to it. You can change the way you live and lose weight if you change your habits. It is really not that hard. The hardest part is getting over the mental roadblocks. As Nike says, “Just Do It.”
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H&W HEALTH & WELLNESS
Prescription for Disaster: By Beth Janicek
PREVENTING MEDICATION INJURY
Prescription drugs are ubiquitous in society today. From the myriad of television commercials to the constant debate by federal and state governments on how to insure Americans’ prescriptions, prescription drugs are never far from the public consciousness. It is with good reason, too, as the National Center for Health Statistics reports that 48 percent of all Americans were on at least one prescription in 2008. The use of these drugs ranges across the demographics – 1 in 5 children takes a prescription drug, while 9 out of 10 older Americans are medicated. The use of prescriptions is beneficial for sure, and it is no surprise that so many people are using drugs. But with such widespread use, there are dangers to consider. Some of the most common dangers associated with prescription drugs include unknown side effects, unforeseen
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drug interactions between two or more substances and misuse of medication. Here are some tips to keep in mind to ensure you are using prescription medication safely: Keep a list of all medications that you and your family take, including prescriptions, over-the-counter medicine and herbal supplements. Make sure your doctor or other health care provider has a copy of the list when treating you. When starting a new prescription, talk with your doctor about the risks and side effects of the new drug, and make sure that it will not adversely interact with any other medication you are taking. Follow all medication instructions. Do not take more than is safely recommended and finish prescriptions according to your doctor’s orders. To prevent injury from an error by
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the pharmacist, check the prescription insert on your medication. People often do not know the name of the drug they are prescribed, so by checking the insert a patient can ensure that the drug provided by the pharmacist is appropriate for his or her diagnosis. Check the pill that is in a prescription bottle and confirm that it is indeed the drug that has been prescribed. This can be accomplished by researching the name of the drug prescribed online and comparing an image to the pill in the patient’s possession. If you are not responding to the medication or experiencing side effects, contact your doctor. With diligence and a willingness to contact one’s health care provider, many of the dangers of prescription drugs can be eliminated. — Beth Janicek is an attorney with the Janicek Law Firm in San Antonio, Texas.
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THESAFETYREPORT.COM / 17
Your Dieting… and Eating Out? By Stephanie Andre
S
o, you’ve taken the plunge. New Year’s resolution or not, you’ve made the choice to eat healthy and rid yourself of your poor eating habits. That’s all good and fine … when you’re cooking the food yourself. But what about the dreaded trip to your favorite restaurant? How will you get through it, diet intact? It’s not as difficult as you may think it is. Here are some great options for dietconscious diners. » When possible, suggest a restaurant with lots of health-conscious options so you’ll have more to choose from. » Set yourself up right — eating light earlier in the day will allow for cake, frothy beverages or whatever tempts you most. » Don’t eat so light, however, that you’re starved and put away three rolls as soon as you sit down to the table. » Have a high-fiber snack just before you go, to curb your hunger. Try something low-cal like an apple, carrots or blackbean dip or vegetable soup.
» Decide in advance what’s worth splurging on and what you can do without. Having a game plan is helpful when faced with lots of tempting items. » Since you’re all sharing appetizers, make sure to place an order for one that’ll work for you too: Shrimp cocktail, edamame, steamed vegetable dumplings and mussels marinara are all super options. » Order your salad dressing on the side — or just use plain oil and vinegar and go light on the oil, heavy on the vinegar. » For your main course, think broiled, boiled, steamed or sautéed rather than crispy, au gratin or fried. » Consider ordering an appetizer and a side dish for an entrée instead of a main meal. You can’t ask for easier portion control! » Or, split an entrée with a friend. There’s From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 3111
bound to be someone else at the table who’s looking to cut back a little, too. » Opt for fresh berries or fruit salad for dessert. Accompany them with a cup of flavored tea or a skim milk cappuccino — something to sip that’ll keep your hands busy and out of others’ treats. » As for drinking, alternate alcoholic drinks with non-caloric beverages such as seltzer with lemon, sparkling water with lime or diet soda. » Stick to wine or beer rather than sugarloaded, high-calorie drinks like margaritas and pina coladas. Better yet, try a wine spritzer or a light beer. » Put off ordering a drink until you have some food in your belly. Drink on an empty stomach and you’re more like to get tipsy and forget about your intentions to eat well.
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O&A
{Outdoor Adventures}
OUT & ABOUT
By Doug Landau
DASHING THROUGH THE SNOW » This is the first article of a new, quarterly column that will offer tips for different outdoor activities.
Being out in the snow is invigorating — the sounds, touch and even smell of it. Ahh! And, if it’s fresh, it even tastes good! So why not enjoy it? Just because the temps have dipped, doesn’t mean your running routine needs to be put on hiatus. Here are tips to keep your running routine intact:
use wind-stopping mittens over gloves to keep my fingers toasty warm. If my hands get too hot, I can take off the outer layer. When the cold is extreme, heat packs are a smart option. For my head, a balaclava is a good choice. Layers are also the way to go; they’re also easier to remove as the day gets warmer or to add to if the sun is setting and the temperatures drop. If you’re running near roads, stay safe by wearing reflective colors
Stay warm. If you get cold and and fabrics. If you must run at dawn or cannot feel your feet, you may be more likely to fall, twist an ankle or fail to react quickly so as to prevent a serious injury or frostbite. Make sure your feet, head and hands are warm. I actually put plastic bags over my socks when the snow is deep and soft, so that my toes will not get cold and wet. I also
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dusk, lights and blinking flashers will help increase your visibility. Because the days are short, it’s important to opt for easy-to-see colors, reflective outer layers and routes that do not involve needless danger from cars and trucks on icy, snowy, slippery and narrowed winter roads.
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Hydrated runners avoid dizziness, light-headedness and other problems, so if you are going to be outside for more than 25 minutes, consider carrying a small water bottle or know where water fountains are on your route. Longer runs should have a hydration plan. Sun protection — in the form of SPF sunscreen and moisturizer or Chapstick — are also smart precautions.
Stay dry. Once you get wet, jog-
ging in the cold can be miserable. On the upside, running in the snow keeps one motivated!
— Doug Landau, an attorney with Abrams Landau Ltd. in Herndon, Virginia, has competed internationally in road races, duathlons and triathlons. Landau’s winter training has enabled him to safely compete as a Triathlon All American and World Championship qualifier.
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20 / THE SAFETY REPORT / WINTER 2011-12
By Linda Chalat
how to have fun on the
SLOPES
F
ew winter activities are as inviting as a day skiing with family or friends on snow-covered slopes. But to best ensure the greatest fun factor, a few simple tips should be followed. Prepare Your Body. Before heading to your ski vacation, prepare your body for the demands of skiing or snowboarding. Numerous ski websites routinely give advice on stretching and exercise programs. These tutorials will help you hit the slopes without feeling like you were hit by a train. It’s How High? Be mindful of altitude sickness, particularly if you are fortunate enough to be skiing in the Rockies (more than 20 percent of people visiting the western states experience it.) Altitude sickness occurs when you cannot get sufficient oxygen from the air at high altitudes. This causes symptoms such as a
O&A
OUT & ABOUT
mon-sense decisions, the risk of a ski accident can be significantly reduced. Follow the above tips and keep the slopes fun for yourself, and for others! — Linda Chalat is an attorney with Chalat Hattan & Koupal, PC in Denver, Colorado.
necessity #1
A HELMET headache and loss of appetite. Symptoms of more severe altitude sickness include confusion, not being able to walk straight (ataxia), feeling faint, and having blue or gray lips or fingernails. Do not ski if you suffer any of these symptoms – take one or two days to acclimate to the altitude. If signs indicate a severe case of altitude sickness, seek medical help immediately. Take Some Lessons. Learn to ski or snowboard from a fully certified professional instructor hired through the ski resort. Return regularly for lessons to improve your technique. Avoid “rogue” instructors — individuals who do not work for the resort but offer ski lessons, often at discounted rates. Check the Conditions. Know the weather and conditions of the ski runs or trails. Most areas will post the “groomed” runs at the base ski lifts. Use the Buddy System. Always ski or ride with a buddy. If you inadvertently find yourself skiing alone and are in-area, do not go off-piste or into an area where you couldn’t be found if you were hurt. Each year, skiers die after falling into tree wells while skiing alone. Unable to extract themselves out of the deep snow on their own, they suffocate. Have a Backup Plan. Make a plan
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for meeting with companions if you are separated. Children, in particular, should be instructed about where to meet. And if the ski area is unfamiliar, be certain all members of your group carry current trail maps for the resort. Know the Area — and Your Limits. When on the mountain, know where you are and the limits of your conditioning and your ability. Plan your descent down runs within your ability. Keep in mind that slopes that are sunny in the morning may become quite icy by the afternoon. If you find yourself on a slope beyond your ability, ski off to the side where there is typically more snow. The middle of the trail where everyone skis will tend to be icier, and more snow will help you stay slow and in control. The majority of ski accidents occur on the last run of the day. Stop before you become tired. Fatigue causes slowed reaction time and less muscle response. Do the Right Thing. If you are in an accident, get the full name, address and contact information from any witnesses, and if it is a collision, from the other party. Consider taking a cellphone photo of the other person if you think that he/she is about to leave the scene without giving the required information. With a little planning and with com-
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 3114
Did you know that in 2009 alone, the U.S. Consumer Product Safety Commission reported 16,948 emergency room visits for head injuries from skiing, sledding, snowboarding and snowmobiling alone? The number one safety recommendation is to always wear a ski helmet. Head injuries commonly occur from collisions with fixed objects such as trees, chair lift posts, collision with other skiers or poor grooming conditions. The purpose of a helmet is to absorb the force and energy upon impact to the head. It is important to select the appropriate helmet for the sport in which you are participating; bicycle helmets or other sports helmets should not be used. The good news is that contemporary helmets are light and stylish, and they provide good warmth. HERE ARE A FEW TIPS FOR CHOOSING A HELMET: Make sure it fits snugly and does not slide around on the head; the helmet should fit squarely on the top of the head, covering the forehead and not tilting in any direction. For a child, be certain to buy a helmet that fits and not one to grow into. » Important note: Helmets need to be replaced after any crash incident. — Jason D. Salomon
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22 / THE SAFETY REPORT / WINTER 2011-12
Finding the Right
Ski Equipment By Bret Hanna
By now, you’ve learned about the ins and outs of skiing, but what about the items you’ll need to ski safely? Choosing the right equipment is key to creating a safe and enjoyable experience on the slopes. As such, there are a number of variables that each person must consider before they start selecting their collection of skis or boards, poles, goggles and helmet.
your skis or board. Boot selection will dictate compatible type of each, along with a correct pairing of skis or board with the correct bindings. Once all three are selected, have a qualified technician do all of the final adjustments.
Next up, poles Make sure you have the boots you are going to wear with you. Select poles by turning them upside-down and holding them under the baskets. Then check the angle of your elbows; they should be at 90 degrees. If more than 90 degrees, try shorter poles. If less than 90 degrees, try longer poles.
Getting started Gender, height, weight, skill level, expected terrain and snow conditions are all things to consider. Make a list and head to a store that has a good reputation for helping outdoor winter enthusiasts find the right gear.
Your helmet and googles purchase After the poles are purchased, select your helmet and goggles at the same time. Start with a helmet that fits snugly but comfortably on your head and one with a comfortable chin strap. Your goggles should fit tightly with the shape of the front rim of the helmet. If there is a gap, the goggles will fog and your vision will suffer.
Start with boots Whether skiing or boarding, your movements will be governed by your feet and ankles. Buy comfortable boots while taking into account your skill level. Typically, your boot stiffness will increase with skill level. Select your boots before selecting
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Now you’re ready to go and enjoy the snow! — Bret Hanna is an attorney with Jones Waldo in Salt Lake City, Utah.
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O&A
OUT & ABOUT
DRESSING FOR SUCCESS winter edition
By Mike Bryant
For most of us, the winter months are cold, windy, snowy and, frankly, gross at times. The keys to getting through the season with all of your extremities intact is to dress appropriately … something you can easily do by thinking ahead. When preparing to venture out of the house, it’s most important to stay warm, dry and protected from the wind.
your body. Do not use cotton material. Insulation Layer - Should be made up of a thicker substance such as wool or fleece. Protective Layer - Provides tightly woven fabric that is somewhat waterproof and windproof to create a warming pocket around your body, keeping you snug in the harsh, inclement weather.
Layering
Make sure to utilize head-covering gear, as 60 percent of your body heat can escape that way. Mittens or gloves, scarves, warm socks and the right shoes will finish off good winter protection. Also, accessories, such as sunglasses, may help prevent eye damage from UV sun rays.
Rule #1 - Layer. Layers provide warmth and create a shell that will protect you from the outside elements. Thankfully, with the invention of breathable synthetic and polyester fiber material, we now have the ability to create lighter garments that will wick moisture away from your skin and add to your inner warm layer. In choosing the proper layering, experts suggest base layer, insulation and protective layers. Base Layer - Should consist of light, moisture wicking materials, such as Thinsulate, silk and Thermax, kept close to
Don’t Forget Your Extremities
What Not to Do
you’re not careful. Heed these tips: Don’t wear clothes that are too tight. They can be restrictive and prevent the wicking from working properly. Don’t wear jeans. They can soak up water and lead to bigger problems. Don’t wear too many socks. In the end, they will provide less protection and potentially cut off circulation. Don’t buy winter boots that are too big. They will provide no protection and could let in water or snow. Thinking ahead can make all the difference during the winter season. Dressing properly will go a long way toward making winter a sometimes fun — and hopefully warm — time. — Mike Bryant is an attorney with Bradshaw & Bryant in Minneapolis.
Good intentions may get the best of you if
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24 / THE SAFETY REPORT / WINTER 2011-12
SNOWMOBILING
This Winter?
What You NEED TO KNOW By Craig Kelley
The winter season is upon us. And with it comes the weather — more specifically, the snow (at least for most of us!). Besides the hot chocolate, one of the greatest things about winter is the opportunity to engage in some seasonal outdoor activities, namely things like skiing (see page 20 for more) and snowmobiling. Whether you rank as an expert or novice, be sure you know the proper rules for snowmobiling safety: Obey posted speed limits and road/trail signs. Always drive within your ability and the capabilities of your snowmobile. Reduce your speed when necessitated by weather conditions and visibility, and always beware of fences, guide wires and other objects that are more difficult to spot at night or when visibility is reduced by snowy conditions or wind-blown snow.
O&A
OUT & ABOUT
Carry GPS-tracked satellite or smartphones so that you can be located if you get lost, injured or stuck in a remote area. Always let someone know of your planned ride route for the day, including your destination(s), your planned route(s), an accurate description of your snowmobile (make, model and color) and your expected time to return back to your starting point. Never snowmobile alone. Always have one or more other riders. Always be prepared for the unexpected. Make sure that you have water, food, shovels, blankets and extra dry socks, gloves and stocking cap each time you ride. Wear the appropriate clothing. Dressing for snowmobling is one of the most important things to know. See page 23 for more information on dressing for wintery conditions. Exercise caution at any trail, road and railroad crossings that you encounter during your ride. Never ride impaired. Alcoholic beverages, illegal drugs, narcotic prescription drugs and even over-the-counter medications can slow your reaction time and affect your ability to make good decisions on your snowmobile. In many jurisdictions, being convicted of impaired riding on a snowmobile carries the same substantial penalties as the impaired driving of a motor vehicle on the roadways, and you will lose your driving privileges for all types of vehicles (including motor vehicles, commercial vehicles and motorcycles) and could face probation or even prison.
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Use the appropriate, accepted hand signals when driving with others before stopping, slowing down or turning. Exercise caution on blind corners and hill crests, and always remain on the right-hand side of the trail whenever possible. Never ride on private property without permission of the landowner to avoid possible trespassing charges Carry a snowmobile/winter survival kit that includes: full first-aid kit; area trail map and compass for your locale; lighter (or matches) in a waterproof container; knife; flashlight; whistle; highenergy food, such as nuts or granola bars; a mechanical kit that includes a spare spark plug and drive belt; tow rope; extra ignition key; screwdriver, wrenches and hammer; plus your snowmobile’s owner manual. Check the weather before heading out. With today’s technology, it is much easier to know the weather forecast before you ride, even in remote locations. Wear a helmet. You should always wear a helmet that meets the SNELL/ D.O.T standards approved for motorcycle helmets. Everyone who rides on a sled or similar device being towed by a snowmobile should also wear an approved helmet. Snowmobiling is one of the most fun and exhilarating things to do in the winter weather. However, following the proper guidelines is key. If you do so, you will have a great time, want to do it again and want to bring a new group of friends to share a great day in the seat. — Craig Kelley is an attorney with Inserra & Kelley in Omaha, Nebraska.
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Dealing with Less-than-Normal Conditions For most, snowmobiling is restricted to a daytime activity with good weather. However, if you find yourself in less-than-ideal conditions, here are some tips for staying safe.
Night Riding — Drive at a reduced speed and avoid traveling faster than the beam of your headlight can illuminate the trail or roadway ahead of you. Riding past sunset reduces your visibility and your ability to spot hazards that lie ahead. Darkness also reduces your ability to estimate distances. Wear clothing that has reflective markings so that you are more visible to others when you ride your snowmobile at night.
Riding on Ice — Attempt to avoid driving on frozen lakes, rivers and ponds. Many fatalities involve snowmobiles breaking through the ice or driving into open water. Anytime you travel on ice, you put yourself and your passengers at risk. If traveling on an icy surface cannot be avoided, check ice conditions beforehand. Know the ice thickness of the lakes or rivers where you are riding your snowmobile and carry ice picks when necessary. When possible, always travel on ice that is newer, hard and clear. Avoid travel on ice that is slushy, weak, near moving water or ice that clearly has thawed and refrozen.
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26 / THE SAFETY REPORT / WINTER 2011-12
STEPS
to Avoiding an Avalanche By Mike Myers
There’s a lot of discussion about what to do if you’re involved in an avalanche. But the advice about what to do if you’re in an avalanche really misses the point. Avoiding an avalanche is the best way of surviving an avalanche. Avalanche avoidance can really be boiled down to making good decisions based on available information. It borders on the mathematical. Here are seven tips to maximize your experience and minimize your risks in avalanche terrain this winter.
Check the local avalanche center report. A number of northwest states rely heavily on the Northwest Weather and Avalanche Center (www.nwac.us). It’s basically a “point-and-shoot” option for determining whether risks are acceptable at various elevations. These risks are expressed based on slope elevation and aspect.
Get an altimeter and compass. It’s impossible to utilize the information from your local avalanche center without them. Suunto makes a number of good watches that have both internal compasses and altimeters. Like with any technology, it’s important to learn how to use it.
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Get maps showing the area you’re skiing. Like the altimeter and compass, a good map is essential to planning your route and regulating risk. Check with guides in your area to see which maps provide the best coverage (and are the most updated).
Practice, practice, practice. Avalanche classes are only the very first step. Learn how to use your equipment. Apply what you learned in class on the mountain.
Always ski with a transceiver, shovel and probe. Turning on the transceiver is a good reminder that avalanche hazards are very real every time we ski — particularly on slopes between 35 and 45 degrees.
Ski one at a time. Give yourself plenty of time. Have an escape route planned in case a slide starts. Get out of the way at the bottom of the slope.
Know your ski partners. Do they have different levels of risk aversion than you? Do they have different goals? Are they visceral or intellectual? Making decisions based on emotion rather objective data leads to bad results. You don’t have to become a snow scientist to minimize risk and maximize the skiing experience. Common sense, coupled with basic information, will help keep you safe this winter. — Mike Myers is an attorney with Myers & Company in Seattle, Washington.
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O&A
OUT & ABOUT By Stephanie Andre
’TIS THE SEASON TO
go shopping t
his time of year can be exhausting, exhilarating and exciting. So much to do — gifts to buy and wrap, family visits, holiday get-togethers. However, it’s also a time when our schedules and “things to do” lists cause us to be a bit more scatterbrained and careless. To that end, holiday season shopping can present a unique danger. Perpetrators look forward to this time of year to take advantage of unknowing victims. Following are tips to help ensure you have an enjoyable holiday season, according to the Los Angeles Police Department Crime Prevention Section.
#1. Shop during daylight hours whenever possible. If you must shop at night, go with a friend or family member.
#2. Dress casually and comfortably. #3. Avoid wearing expensive jewelry. #4. Do not carry a purse or wallet, if possible. #5. Always carry your driver’s license or identification card along with necessary cash, checks and/or a credit card you expect to use.
#6. Even though you are rushed and thinking about a thousand things, stay alert to your surroundings.
#7. Avoid carrying large amounts of cash. #8. Pay for purchases with a check or credit card when possible. #9. Keep cash in your front pocket. #10. Notify the credit card issuer immediately if your credit card is lost, stolen or misused.
#11. Keep a record of all of your credit card numbers in a safe place at home. #12. Be extra careful if you do carry a wallet or purse.
They are the prime targets of criminals in crowded shopping areas, transportation terminals, bus stops, on buses and other rapid transit.
#13. Avoid overloading yourself with packages. It is important to have clear visibility and freedom of motion to avoid mishaps.
#14. Beware of strangers approaching you for any reason. At this time of year, “conartists” may try various methods of distracting you with the intention of taking your money or belongings.
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28 / THE SAFETY REPORT / WINTER 2011-12
H AV I N G A N O F F I C E PA R T Y ?
Tips to
CONSIDER B
efore you officially close shop for the holidays, your office may be considering a celebration. Before you trim a tree or hang any lights, read some simple tips for planning a flame-free holiday get-together. Be mindful of potential fire hazards when selecting holiday decorations and determining where to place them. Make wise choices about the types of holiday lights you use. Do not use any type of decoration in your office that has an open flame. If you planning on getting a Christmas tree, try to stay away from one that is metallic; you cannot place any types of lights on it at all. Make sure you use holiday lights properly. Never place staples or nails through strings of lights, power cords or extension cords. Do not connect too many strands of lights together. If you decorate the outside of your office, verify
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By Stephanie Andre
that any lights you use are rated for exterior use. Make sure that all illuminated items are turned off when the office is closed so there’s no risk of a fire breaking out when the building is unattended. It’s a good idea to put one person in charge of this task, so there’s no confusion regarding whether or not the lights need to be checked at the end of each workday. Before you start decorating your office for the holidays, it’s a good idea to verify that all of your fire safety equipment is in proper working order. Make sure your smoke detectors are working and verify that the fire extinguishers are fully charged and easily accessible. It’s a good idea to get into the habit of doing this several times each year, and it makes sense to use the occasion of decorating for the holidays as a reminder to check out your fire safety equipment.
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O&A
OUT & ABOUT
5,4,3,2,1…
By Stephanie Andre
Happy (SAFE) New Year! New Year’s Eve can be a great time to catch up with old friends, make new ones or celebrate with the one you love. However, it can also be an evening when people don’t exactly think as clearly as they should. Following are some small tips that will make a giant impact on how much fun you truly have.
You’ve RSVP’ed If you’re not hosting the party, plan for how you’re going to get home. Assign a designated driver Travel to and from the party via cab Crash at the home of the party host Ask a sober family member to drop off and pick up Travel with a party bus that drives right to the front door
Party’s At My House Every party host wants to put out an awesome food display, complete with all the bells and whistles. However,
something to consider is how long that food may be sitting out. Foods like meats, cheeses, fruits and veggies won’t hold too long so take this into consideration as you’re planning your menu or else you could end up with some very sick party-goers. In fact, according to WebMD, more than 250 different diseases can cause food poisoning. Here are some tips the site recommends: Wash hands before, during and after food prep Don’t handle or pet animals during cooking Cook meats and eggs thoroughly to avoid E-coli and salmonella Thoroughly clean utensils and cutting boards after cutting raw meats before using again Rinse fresh fruits and vegetables under running tap water before serving. Keep hot foods hot [140F or above] and cold foods cold [40F or below]. (continued on next page)
30 / THE SAFETY REPORT / WINTER 2011-12
We’re Going Out! Decided to go out to a public place instead? Make sure you exercise some caution. From money matters and transportation to staying with your friends, there are tons of things to consider on New Year’s Eve: Alcohol tends to alter rational thinking and wallets can be easily lifted or dropped. Consider using
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cash cards that have a limited value or have a “no loss” guarantee from the bank issuing it. Never leave wallets or purses unattended. Set up a credit card tab in advance so you can leave your credit card locked in the car, handed to a designated driving friend or kept in a money belt or body wallet. If the establishment holding the New Year’s celebration accepts pre-payment over the phone for the night, that might eliminate the need to
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bring money entirely. Never start drinking if you don’t have your ride home arranged. If you don’t have a ride and you’ve been drinking, your judgment might be so impaired that you stupidly decide to drive. Never let that happen. Always go out with a group. If you decide to attend a party at a bar or a club, make sure you always have some companions at your side — especially if you’re a female. Keeping these simple, but vital tips in mind as you head out will make your night safer and that more enjoyable.
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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.
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.
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Are You Ready for
BABY? By Stephanie Andre
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C
ongratulations, you’re pregnant! … Now what? From diet and decorating to temptations and testing, there’s so much to consider once you discover you have a little one on the way. “Don’t eat sushi!” “Take your vitamins!” “Why am I crying … again?!” The path to parenthood can be quite overwhelming. However, like with many things, preparation is key, according to the March of Dimes’ deputy medical director, Diane M. Ashton, M.D. “Nutrition, getting enough exercise, keeping to a healthy weight and looking at your modifiable behavior are all important factors to think about throughout any pregnancy,” she says. Here, we take a look at some key components to consider as you prep for the next chapter to begin.
Evaluate Your Modifiable Behavior. Translation: take a look at your lifestyle and change it accordingly. Do you smoke or do drugs? Drink alcohol? Are you getting enough sleep? Eating enough? These are all behaviors that should be modified — immediately. “Ideally, all of these behaviors should be changed prior to becoming pregnant,” says Ashton. “However, worstcase scenario, these habits should cease as soon as you know you’re pregnant.” Understandably, if a pregnant woman does not discontinue these habits, the outcome could result in premature birth or birth defects … or even death. “Alcohol use is the number one cause of birth defects among new-
borns,” says Ashton. In fact, up to 40,000 babies are born with Fetal Alcohol Syndrome Disorder each year in the U.S., according to the American Pregnancy Association. Because a baby is so small, alcohol breaks down much more slowly. This, in turn, causes it to stay in the baby’s blood much longer than in the mother’s system and can result in irreversible harmful affects to a baby’s development, the association says. Smoking: And smoking is no better. In fact, smoking during pregnancy is estimated to account for 20 to 30 percent of low-birth weight babies, up to 14 percent of preterm deliveries and about 10 percent of all infant deaths, according to the American Lung Association. Even second-hand smoke can harm a baby, the association says. Being around smoke increases a mother’s risk of having a baby that weighs too little or has health problems. Illegal Drugs and Prescribed Medication: After discussing alcohol and smoking, it should come as no shock that the same type of risks — if not, worse — are involved when you consume illegal drugs during pregnancy: miscarriage, low birth weight, premature labor, placental abruption, fetal death and even maternal death. That said, if you are taking prescribed medications, especially antidepressants, talk with your physician about what is safe to continue taking during pregnancy. (See more on this under “Check Your Medications” later in this article and in the sidebar.) Bottom line: when you
Bottom line: when you smoke, do drugs, drink alcohol … so does your baby. Be smart, not selfish – cut these habits out of your life immediately. Photo courtesy of Stacy Larsen
smoke, do drugs, drink alcohol … so does your baby. Be smart, not selfish — cut these habits out of your life immediately. Take Your Vitamins. If you are attempting to become pregnant, consider taking prenatal vitamins and folic acid; they are proven to help prevent birth defects. If you are pregnant, these two tablets are highly recommended for your daily routine! Prenatal vitamins consist of a variety of vitamins and minerals. During pregnancy, a woman’s daily intake requirements for certain nutrients, such as folic acid (folate), calcium and iron will increase. “Folic acid has certain beneficial effects for preventing neural tube defects,” explains Ashton. “For women with a previous pregnancy that resulted in neural tube defects, higher doses of folic acid are very important.”
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Your Daily INTAKE According to the American Pregnancy Association, here’s what your daily diet should look like: PROTEIN (meats, beans, etc.) Recommendation: 75 to 100 grams of protein per day Examples include: 2-3 servings of meat (1 serving = approximately 3 ounces/ size of a deck of cards) 2-3 servings of legumes (1 serving = approximately ½ cup)
CALCIUM (dairy, etc.) Recommendation: 1,000 milligrams per day Examples include: 3-4 servings of dairy
IRON (vegetables, grains, meat, etc.) Recommendation: 27 milligrams per day Examples include: 2-3 servings of green leafy vegetables (1 serving = approximately 1 cup) 3 servings of whole grains
According to Ashton, “The recommendation at March of Dimes is that women of reproductive age take 400 milligrams of folic acid a day.” Folic acid and prenatal vitamins are available over the counter. However, women should talk with their doctor for more information.
Put Down the Pizza! Sorry ladies, but you’re not really “eating for two.” This
(1 serving = approximately. ½ cup or one slice) 2-3 servings of lean protein (1 serving = approximately 3 ounces/ size of a deck of cards)
FOLATE/FOLIC ACID (legumes, etc.) Recommendation: 600 to 800 micrograms (0.6 to 0.8 milligrams) daily Examples include: 2 servings of dark green leafy vegetables (1 serving = approximately 1 cup) 2-3 servings of fruit (1 serving = approximately ½ cup) 3 serving of whole grain (1 serving = approximately ½ cup or 1 slice) 2 servings of legumes (1 serving = approximately ½ cup)
myth is false. In reality, you only need to increase your caloric intake by about 300 calories per day — and that’s in your second and third trimesters. However, the food you eat to achieve that weight gain is vital. Filling up on French fries or pizza is fine every once in a while, but at no point should it be part of your daily routine — pregnancy or not! By eating overly fatty foods that offer
VITAMIN C (fruit, etc.) Recommendation: At least 85 milligrams per day Examples include: 3 servings of fruit or vegetables (1 serving = approximately ½ cup)
little to no nutritional value, you’re not only doing a great disservice to your unborn child, but you’re packing those pounds onto your own body as well. Incorporating vegetables, whole grains and legumes, lean protein and other smart food choices into your eating plan before and during pregnancy will give your baby a strong start in life and hopefully make labor a bit easier (fingers crossed!).
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Exercise … Even If You Don’t Want to. Exercising during pregnancy does wonders for your overall well-being during what may seem like the nine longest months of your life. Daily exercise, such as a simple walk or yoga class, will help improve your circulation, which, in turn, helps prevent constipation, hemorrhoids, varicose veins, leg cramps and
swelling of the ankles, according to the Mayo Clinic. What’s more, it also helps prevent back pain because you are strengthening the muscles that support your back. Yes, pregnancy makes you tired. But, as is true even when you’re not pregnant, exercising increases your endorphins and gives you energy. It also helps your body rest better at night — something all pregnant women desperately need. This also can result in a better mood during the day. If you’re still not convinced to get off the couch, this might get you moving: the more you exercise during pregnancy, the less likely you are to gain excess weight. Ask any woman who’s already had a child — getting rid of the excess weight is harder than it seems, so get moving! Remember, before starting any exercise program, check with your physician. Back to School. Childbirthing classes are a great way to not only help quell your nerves about labor and delivery, but to also meet people who truly understand what you’re going through. What’s more, these classes help involve your partner in the process a bit more and help show them how to help you once childbirth is near. From breathing techniques and massage to optional pain medication, your instructor should cover it all so you are prepared to make educated decisions. Also, most hospitals and birthing centers offer full tours so that you are more comfortable and familiar with your surroundings once the big day arrives. Learn all you can before the big day arrives — you will be happy you did! Ask your doctor for more information on childbirth classes and facility tour options. Get Some Rest! Nine (really 10!) months of pregnancy is tough. Women are often just as mentally and emotionally tired as they are physically exhausted. From decorating the nursery
Foods to
AVOID That sushi looks good, doesn’t it? Before you eat it, consider the following: did you know that certain fish contain high levels of mercury? Mercury consumed during pregnancy has been linked to developmental delays and brain damage. Here are some more foods to ditch for the next nine months: Raw meat Deli meat Fish with mercury (such as shark, swordfish, king mackerel and tilefish) Smoked seafood (such as lox, nova style, kippered, or jerky) Fish exposed to industrial pollutants (such as bluefish, striped bass, salmon, pike, trout and walleye) Raw shellfish (such as oysters, clams and mussels) Raw eggs (Some homemade Caesar dressings, mayonnaise, homemade ice cream or custards, and Hollandaise sauces may be made with raw eggs.) Soft cheeses (such as Brie, Camembert, Roquefort, Feta, Gorgonzola and Mexican style cheeses that include queso blanco and queso fresco) Unpasteurized milk Refrigerated pate Caffeine (or limit to 200mg/day) Unwashed vegetables
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to unexpectedly crying at commercials, having another person growing inside you is taxing. So, it is OK to rest sometimes. In fact, your doctor will tell you that it’s vital to rest and get enough sleep daily. This is one of those times to let others dote on you. Enjoy it because once baby comes, it’s over!
Photo courtesy of Stacy Larsen
Charity Corner A LOOK AT THE MARCH OF DIMES
P
resident Franklin Roosevelt’s personal struggle with polio led him to create the National Foundation for Infantile Paralysis at a time when polio was on the rise. Better known as the March of Dimes, the foundation established a polio patient aid program and funded research for vaccines developed by Jonas Salk, M.D. and Albert Sabin, M.D. These vaccines effectively ended epidemic polio in the United States. Its original mission accomplished, the foundation turned its focus to preventing birth defects and infant mortality. The March of Dimes has led the way to discover the genetic causes of birth defects, to promote
Be a Good Patient and an Even Better Mom. Finding a doctor you trust is important as you walk the path to motherhood. So when your doctor tells you to make the appropriate appointments or go to the lab to get blood work done, listen. Does the orange-like, sugary drink to test for gestational diabetes taste good? Absolutely not, but remember — it’s no longer just about you. So do what your doctor tells you to do. Take the mandatory tests and strongly consider the tests they call “optional.” Optional tests include blood work for Down syndrome, cystic fibrosis and various birth defects, including spina bifida, congenital heart defects and brain defects. Be as informed and educated as you can be. As always, if you have any questions, talk to your doctor.
newborn screening and to educate medical professionals and the public about best practices for healthy pregnancy. The organization has supported research for surfactant therapy to treat respiratory distress and helped initiate the system of regional neonatal intensive care for premature and sick babies. Its recent Folic Acid Campaign achieved a dramatic reduction in the incidence of neural tube defects, birth defects of the brain and spine. Since 2003, the group’s fight to save babies has been strongly characterized by its Prematurity Campaign. The rising incidence of premature birth has demanded action, and the March of Dimes has responded by initiating an intensive, multi-year campaign to raise awareness and find the causes of prematurity. For more information, please visit www.marchofdimes.com.
THESAFETYREPORT.COM / 37
Check Your Meds. If you are taking any medication — prescribed or not — consult your doctor immediately. You’d be surprised at what you cannot take during pregnancy. And, if you’re considering getting pregnant and already on medication, talk with your doctor prior to conception. For some, continuing on their prescribed meds won’t be an issue. However, for others, it may be a choice between staying on the medication or having a baby. Otherwise, you could cause great harm to your child. Specifically, there have been heightened reports as of late of a link between the use of antidepressants during pregnancy and birth defects. In fact, researchers are quickly learning more about these medications and the potential effects they could have on unborn children. To that end, the FDA has classified the antidepressant Paxil as a Category D drug as it relates to a use-in-pregnancy rating, meaning that there is positive evidence of human fetal risk based on adverse reaction data (see sidebar for more). Be sure to talk with your doctor and understand the risks. “If you have a woman who is severly depressed, it might be more important for her to stay on her medication than for her to have a child,” says Ashton. Having a baby is one of the greatest things a woman can do. Your body is a temple; treat it that way. There will be moments of uncertainty, fear and, of course, pain, but remember — it is all worth it at the end. Enjoy this time and remember that you are beautiful, powerful and special. Your baby already knows that.
know the risks:
Paxil & Pregnancy By Tor Hoerman
M
atthew was only 3 hours old when his parents realized that his path in life would be one that required great fortitude. He was born with a rare, life-threatening heart condition called hypoplastic right heart syndrome. What followed was a series of corrective efforts, culminating in open heart surgery at just 6 months old. By the time Matthew was 5, his condition worsened. Physicians attempted surgery, but Matthew’s kidneys were failing. Matthew’s only hope for life would require a heart transplant. With the help of friends, family, local news and medical professionals, he was placed on the children’s organ transplant list and miraculously became the recipient of a heart that his body accepted. Though his future continues to be uncertain, one with limitations, risk of further surgery and constant monitoring, Matthew continues to fight for a life that’s normal as possible. Unfortunately for Matthew’s mother, Elizabeth, this story is hardly unusual. Like many women, Elizabeth experienced anxiety while trying to find balance in her life and was given Paxil, a drug often prescribed for depression and anxiety. Although undisclosed at the time, Paxil has been linked to many birth defects when used during pregnancy. Paxil has received a lot of attention regarding injuries related to its use during pregnancy, however, it now appears that Paxil is not alone; there are many other prescription medications that could potentially harm an unborn child. Unfortunately, the risk of birth defects associated with these other drugs has not received the same public attention. If you are pregnant and/or of a child-bearing age, make sure you receive sufficient information about the risk of birth defects when taking prescribed medications. — Tor Hoerman is an attorney with TorHoerman Law in Edwardsville, Illinois.
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H&F HOME & FAMILY
15 Ways to Protect Your Child from Sexual Abuse By John McKiggan
It is difficult to obtain an accurate picture of how prevalent child sexual abuse is because it is a crime of secrecy. Many children who have been abused do not disclose what happened to them until many years after the abuse occurred (if ever). Many children are traumatized to the point that they are not able to remember the abuse until much later in life. In some cases, even if the child informs his or her parents about the abuse, the child’s parents are unwilling or unable to take steps to report the abuse. However, the statistics are frightening. Some child abuse studies have reported that as many as 1 in 3 females and 1 in 6 males report experiencing some form of sexual abuse before age 17.
THESAFETYREPORT.COM / 39
Fear & Trauma Prevents Disclosure There are many reasons why childhood sexual abuse remains a secret. An abuser may be in a position of trust or power and may threaten, manipulate or bribe a child to prevent them from disclosing the abuse. Depending on the child’s age or cognitive development, they may simply not be capable of communicating what is happening to them. The shame associated with abuse is often a huge barrier to disclosure.
Invisible Scars The effects of childhood abuse may surface immediately or may not become apparent until the child becomes a teenager or adult. Childhood abuse frequently results in long-term psychological, emotional and physical damage and can cause long-term problems, including difficulty in relationships, substance abuse and loss of education and incomeearning potential. While there are no hard and fast rules, experts agree that boys and girls tend to react differently to childhood abuse. Studies of abuse survivors have shown that girls tend to internalize the effects, resulting in eating disorders, suicidal ideation and esteem issues. Boys tend to externalize their reactions, resulting in increased aggression, delinquency and inter-personal conflicts.
15 Ways to Protect Your Child #1
Listen to your child and believe what they tell you. When your child tells you he or she doesn’t want to be with someone, pay attention!
#2
Participate in your child’s activities and get to know your children’s friends and their parents.
#3
Get to know the people where children gather in a community, such as churches and sports facilities.
#10
Let your child express affection on his/her own terms. Do not insist that your child hug or kiss people.
#4
Never leave your child unattended, especially in the car.
#11
#5
Be open when your child asks questions about sex. Make sure the answers are age appropriate. Be alert for any talk that shows premature sexual understanding.
Pay attention when an adult uses social occasions to focus on befriending your child or taking your child away for private time that seems out of the ordinary.
#12
Do not allow your child to go alone on vacation, drive around or spend the night with anyone that has not proven to be trustworthy.
#13
Do not assume that a person is trustworthy because of their position, title or because they work in a place where children gather.
#14
Trust your instincts.
#15
Pay attention!
#6
It’s Usually Someone You Know In 2001, the Canadian Centre for Justice Statistics released a report of Family Violence in Canada. The authors of the study reported that in more than 90 percent of reported cases, the alleged abuser was a family member or relative.
#7
Pay attention to changes in your child’s behavior or attitude. Look for any dramatic and persistent changes in your child’s behavior. Pay attention when someone shows what seems to be greater than normal interest in your child.
#8
Make unannounced visits to your child’s babysitter, day care or school. Make certain they will release your child only to you or someone you officially designate.
#9
Check to see if your child’s school includes sex-abuse prevention training.
— John McKiggan is a partner at Arnold Pizzo McKiggan in Halifax, Nova Scotia. He’s also the author of Breaking the Silence: The Survivor’s Guide to Abuse Claims.
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H&F HOME & FAMILY
adjust your
SETTINGS
TO ‘PRIVATE’ By Rodney Gregory and Lisa Dennis
“You can’t connect the dots looking forward; you can only connect them looking backward. So you have to trust that the dots will somehow connect in your future.” — Steve Jobs, founder and former CEO of Apple, Inc. and Pixar Animation Studios, in a commencement address delivered to Stanford University in 2005
Today, social networking is lightyears different, more nuanced and conflicting. You can reach out and touch someone’s hand without ever meeting. You can “connect” with virtually anyone, anywhere. For instance, did you know that Facebook currently has well more than 500 million users? That means roughly 1 in 13 people on the planet uses
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Facebook and, on any given day, half of them log in. Unless users are vigilant about their privacy settings, anyone can see what they post on their “wall,” in addition to what information they have posted about themselves and pictures of them posted not just by their “friends.” Remember those pictures from spring break a few years ago? Yup, they’re probably posted someplace. And remember — once it’s out on the Web, you will most likely never get it back. Think about it. What you and others put out there affects your life more than you think. A provocative picture or unfavorable comments could get you out of jury duty or even prevent you from getting a new job. Text messages could end your
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relationship with your significant other. How? Social networking and texting are minefields of evidence. If not careful, they are gateways for predators to access your private information and to your life. Worst-case scenarios occur when unmonitored children are targeted by these predators. Social media can be a wonderful way to get back in touch with old friends from school or to keep distant family informed of what is going on in your life. Sending a quick text can save you from a 20-minute phone call. However, we must always be aware that these tools also engender a false sense of anonymity. When using social networking, privacy must always be in the forefront of whatever you do and post online. Always ask yourself, “What would my next boss think?” or “Do I really want to see this on the 6 o’clock news?” Make sure that only those you want to see your information are able to. If you would not talk to someone on the street, then why would you want to be friends with them online? — Rodney Gregory and Lisa Dennis are with the Gregory Law Firm in Jacksonville, Florida.
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F
the safe
HOME PURCHASE By Melissa Landau
or most of us, purchasing a home is the biggest investment we will ever make. Yet it’s easy to get carried away in the process. Follow these tips in order to be the most safe and satisfied with the choices you make in searching for and buying a home: First and foremost, don’t go into the transaction unrepresented. Because the buyer’s agent is paid by the listing agent’s company (and this commission is established by the seller when the property is listed), having a buyer’s agent truly costs a smart purchaser absolutely nothing. If a seller is represented by an agent and you are not, then you negotiate the entire transaction with a handicap. Though a good agent will not be dishonest or mislead you as a customer, his/her duty is to the “client.” Any agent who tells you that he/she can properly represent his/her seller/client and do his/her best for you as the customer at the same time is not giving you the complete story. Have your own agent represent you in the transaction. (continued on next page)
H&F HOME & FAMILY
Travel with someone you trust. View properties during daylight hours and if you don’t know the agent or person you are meeting then drive in your own vehicle and don’t go it alone. When meeting an agent for the first time, he/ she will request a copy of your driver’s license for his/her office file. Protect yourself as well. It’s a little like dating — be cautious. When you visit properties, look before you leap or even step. Especially in today’s market of foreclosures and short sales, properties may be in poor condition. I’ve seen holes in floors and broken glass in kitchens. Be careful. Make a list of features that are most important to you — i.e., deal breakers. This list may range from the number of bedrooms or bathrooms, to a particular school district, or even the orientation of the kitchen for sun exposure. Don’t let emotion move you to buy a house that isn’t the one you are seeking. Patience pays off. Be cautious of the listing that doesn’t allow for inspection. When the housing market bubble was at its peak just a few years ago, buyers were caught in situations where escalation clauses and competing contracts had
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them scrambling for ways to “win” the deal. Contracts written with no contingencies place the buyer in a very precarious position. Today, many foreclosures are listed with the caveat that there can be no home inspection contingencies. If there are other contingencies that will take time to run, then you may be able to perform an inspection for information purposes only and then withdraw from the sale before other contingencies, such as delivery of homeowner documents or financing, are met. Don’t try this without an experienced agent at your side and unless you are certain that a new roof or a big plumbing job won’t change your mind about the value of your transaction. Don’t move forward without an inspection. (See more, page 43.) Beware of a home that tickles your nose (or your agent’s nose). Mold is a serious matter; a damp-smelling basement, a green line or watermark around a baseboard, new carpet and paint only in the basement of an otherwise, not renovated home are clues that something may be amiss. A reliable agent and a home inspection are good insurance against a wet house.
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Septic systems can be efficient and work for centuries. They can also be overburdened by additions and limit construction options. When buying a home with a septic system, be sure that “perk” certificates are in order. If you think you may want to add additional bedrooms or bathrooms, then be sure the land can support the extra “perk” that will be required. If you are buying an older home, you probably know to have the inspector check for asbestos and lead paint. However, many buyers are not aware of the possible dangers of polybutylene piping. (See more, page 52.) These pipes, used largely in construction during the ’80s and ’90s, are known for flaking and becoming brittle. Micro-fractures may occur and the basic structural integrity of the system may be harmed. If this failure occurs, then flooding and water damage to a home can be huge. Once again, a good home inspection is most important to a safe transaction. Be sure the home title is clear. Pay for a title search and buy title insurance — no if, ands or buts. Be aware of any mechanics’ liens (money owed to contractors, if registered against the property, convey with title). Don’t be stuck with someone else’s debt or a home that doesn’t clearly belong to the party selling it to you. Depending on the state the property is in, this means using a reputable title company and closing attorney. The most important safety rule in buying a home is to be thorough and patient in your search and to rely on an honest and experienced agent, one who represents you first and foremost. — Melissa Landau is with Abrams Landau Ltd. in Herndon, Virginia. She is also a licensed agent with Keller Williams Realty.
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NEVER SKIMP
on the home INSPECTION By Michael Brandner
R
obin, a 22-year-old single mom, just purchased her first home to raise her young daughter. Robin wanted to hire a home inspector, but the sellers had already hired someone to perform a home inspection and Robin’s real estate agent recommended that she keep the $300 and just use the seller’s inspector’s findings. Robin followed her agent’s advice. After moving in, Robin decided that she wanted to change the baseboards in the den and main hallway, so she began removing baseboards from the walls. While doing this, she noticed mold on the Sheetrock. As she removed more baseboards, she found more mold. Because of this gruesome discovery, Robin tore a portion of Sheetrock from the wall. At that point, she found even more mold and mold on the back of the wall in an adjoining room. Before she knew it, Robin had completely gut-
ted her newly purchased house; mold was everywhere. Moral of the story: hire your own home inspector. This became a $45,000 mistake. Under most states’ laws, the seller of a house has a duty to disclose all defects known to the seller at that time. The problem is that the seller can use the dumb defense and claim that he/ she did not know of the defect at the time of the sale. The defects are typically found after the new buyer has already moved into and becomes familiar with the home. However, by that time, the buyer has no recourse against the seller because most houses are purchased “as is.” This makes a home inspector extremely
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important. There are many different types of home inspectors available. And, you want to make sure that the home inspector is thorough and knowledgeable in construction. Robin’s inspector either didn’t know, didn’t care or just wanted to move on to the next job. As with anything, you get what you pay for. Don’t skimp on a house inspector. You have just committed to one of the larger purchases in life. Why would you not research home inspectors and hire a good inspector? Learn from Robin’s mistake, don’t repeat it. — Michael Brandner is an attorney with Brandner Law Firm in Metairie, Louisiana.
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H&F HOME & FAMILY
7
QUESTIONS TO ASK
About Home WARRANTIES
By Wayne Parsons
Most buyers of any product ask the seller, “what is the warranty?” The more expensive the purchase, the more important the warranty is to most consumers. The purchase of a home is probably the most expensive purchase any of us will ever make. A lot is at stake in home warranties. So ask a lot of questions. Some companies sell home warranties like extended warranties on cars. This article is limited to the traditional warranties that come from the home seller or builder. When home buyers take occupancy of a home, they get a folder of warranties from the seller. These are called “express warranties.” Read this paperwork carefully. That is the most important tip in this article — read the warranties carefully. A warranty is a promise or guaranty. The warranty may be for a product in the home — i.e., a dishwasher, a material used like flooring, roofing or paint,
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or the home itself. The warranty is always for a term of years, which, in some instances, may use the word “lifetime.” People seem to equate the length of the warranty — and the scope of warranty coverage — with the quality of the product or service or house. That may not necessarily be true. Think about a “lifetime” warranty on anything. How long is a lifetime? Whose lifetime? Your lifetime? The lifetime of the product? For most products, and certainly for a house, neither the buyer nor the seller will probably be around in 25 years. Following are some initial questions to ask: 1. What parts of the house are covered by a warranty? 2. How long is the warranty? 3. What are the exceptions or limitations of the warranty? 4. What acts or omissions by the homeowner “void” the warranty?
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5. What entity is guaranteeing the warranty? 6. Is the warranty just a promise or is it backed by a bond or insurance? 7. Will there be anyone around throughout the warranty term to honor the warranty? Be aware that many companies use warranties as sales and marketing tools and have exceptions and limitations in the warranty that will allow them to void most claims. Many warranties require specific periodic maintenance, often using specific companies. Failure to comply may void the warranty. Many warranties for materials only cover the delivery of the material, leaving to homeowner with the expense of installation, which is often 90 percent of the cost of repair. This is the first of a two-part article. In the next issue, we will cover warranty claims, short warranties and expirations. — Wayne Parsons is an attorney with Wayne Parsons Law Offices in Honolulu, Hawaii.
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A Truly Happy
HOLIDAY By David Ransin
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D
espite its most-often-used definition, the term “Happy Holidays” also means having the peace of mind that your home and belongings are safe while you are away. As with most things in life, simple preparation and prevention are the best ways to ensure your security. Burglars are looking for the fastest and easiest entry and escape so they can “grab and go.” They want things they can pawn or sell for cash that cannot be easily traced. Your goal is to remove or limit those opportunities. Entry — Deadbolts are the hardest to force open. The entryway most often unlocked and most preferred by burglars is the door from the garage into the house. Do not forget your garden shed. These are often left unlocked and will contain tools and equipment that can be easily sold without detection at garage sales and flea markets. Identification — A simple engraver can permanently label property with your name and phone number; this serves as a strong theft deterrent. (Do not use Social Security numbers!) Also, take pictures of your property and store the digital images in your safe deposit box. Lighting — Install motion detector lights around doors and in the back of your house. Inside, use timers on an irregular or random schedule to give the appearance that someone is home. Put a timer on a radio or TV to enhance the appearance even more. Agencies — Contact local law enforcement to let them the dates you will be gone, your contact information and that of your neighbors. Neighbors — Instead of hiding a key, give extras to your neighbors. Make sure you invite them over and show them where the water shut off and power boxes are in case of utility failures or other emergencies. Give them a special code if you have an alarm system and alert your security company that your neighbor is an important contact person if your alarm is triggered during your absence. Do not stop your mail or paper delivery, but give your neighbor a large shopping bag to keep these in until your return. Arrange for someone to keep your lawn mowed or driveway clear of snow, and put the trash can by the curb. No home can be made completely immune from theft, but with a little time and attention, these simple steps will help prevent burglars from spoiling your happy and safe holiday season. — David Ransin is a trial attorney with Ransin Injury Law in Springfield, Missouri.
H&F HOME & FAMILY
keeping a
By Pete Strom
Fire-Free Kitchen Even the best-planned events can result in tragedy. It can happen on an ordinary Saturday night. You’ve invited a few friends to a dinner party and as the food is underway on the stove, you decide to leave the kitchen and join your guests for only a minute. The next thing you know your kitchen is up in flames. According to the National Fire Protection Association, cooking is the leading cause of household fires. In fact, as many as 1 in 8 will fall victim to a cooking fire, and the reality is that most fires are the result of unattended cooking. Heat, smoke, steam, oil and grease can quickly become a recipe for disaster. It only takes a few seconds for some foods to overheat and catch fire, especially when you are dealing with grease. Fire prevention requires the use of proper safety procedures and well-rounded kitchen knowledge..
THESAFETYREPORT.COM / 47
cooking safety Essentials: Always pay close attention/be alert: Waiting for water to boil, waiting for the oven to preheat and/or for food to simmer may provide you the opportunity to multi-task; however, even a simple distraction can conjure up flames quickly. Distractions including kids, pets, cellphones and television can rob your attention. Be mindful of these distractions and do your best to keep them out of the kitchen, as avoiding distractions can help reduce the potential for a kitchen fire. While many of us may kick back with a glass of wine while preparing dinner, don’t allow yourself to prepare a meal over a hot stove or oven if you are fatigued or under the influence of drugs or alcohol.
Minimizing the Damage Even with the proper use of safety techniques, cooking fires can and do occur. The most important thing to remember is not to panic. Panicking can make the situation worse as the fire is more likely to spread due to any rash decision making. If the fire is unmanageable, call 911. Leave your house and close the door to keep the fire contained as much as possible.
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If a cooking fire is confined to pot or skillet on the stove, cover the pot or pan on the burner with a lid or close the oven door to snuff out any oxygen that may fuel the fire. Do not attempt to move anything or use water as both of these actions run the risk of igniting the fire even more. It is important to remember that transporting a burning pot or pan can cause the fire to spread. Similarly, water thrown on a grease fire will also fuel the fire and make it bigger. Fire extinguishers are good to have on hand in the event of a manageable kitchen fire; however, small fires can become big and spread very quickly. Alerting the fire department is always in your best interest. If the flames spread to your clothing or skin, cover your eyes and stop, drop and roll. These three, easy steps will keep you protected from the fire spreading further on your body and causing burns. Attempting to extinguish a fire yourself might prove to be much harder than you anticipate, so in the event of a fire, calling the fire department is always in your best interest.
Make sure smoke alarms are installed and work. Once your smoke detectors are installed, test them once a month. Do not plug your appliances into an extension cord as it can cause the circuit to overload and easily spark a fire. Keep a kitchen timer set and running for foods that require a longer cooking time. Make sure you do not have any packaging, plastic or towels in the vicinity of operating cooking appliances. Clothes should be short-sleeved, tight fitting or rolled up to avoid catching on fire. Don’t store anything in the oven. These items may easily be forgotten and can start a fire. Do not place any aluminum foil or metal in the microwave. If you are heating something that is contained in the microwave, make sure you open the packaging away from your face. When cooking, establish a “KidsFree Zone.” Turn pot handles away from the front of the stove and remember to use the back burners.
— Pete Strom is an attorney with Strom Law Firm in Columbia, South Carolina.
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H&F HOME & FAMILY
the babysitter’s checklist By Alan Perkins
Babysitting can be a great way to earn money. But, with the job comes a responsibility to know how to prevent injuries and keep those you watch safe. You can protect yourself and the children for whom you are responsible if you become familiar with important household details and know what to do if you encounter a fire or burn situation.
Familiarize yourself with the babysitting location, learning all the exit and smoke alarm locations. Make sure you know how to lock/unlock and/or open all doors and windows. ✓ Be sure to have a listing of all emergency numbers and a number where the parents can be reached. Also, make sure you know the location of a neighbor who will be home while you are there. ✓ Make sure you know where the family’s meeting place is in the event of an evacuation. ✓ If you smell smoke, hear a smoke alarm or see flames, get out of the house. immediately. Go directly to a previously agreed upon meeting place. Never go back inside for any reason. ✓ If you encounter smoke while escaping a fire, use another exit route. If you must pass through smoke, crawl on your hands and knees, keeping your head near the floor (12”- 24” above the floor) where the air is cleaner. Lead the way and make sure the children follow. Take the children to a neighbor’s home and call 911. ✓ If clothing catches fire, extinguish it by stopping, dropping to the ground and rolling. Running is often a child’s first reaction to fire, so babysitters may have to assist children with the stop-drop-and-roll process. ✓ Never leave the kitchen area while cooking until you have turned everything off (see more, page 46). ✓ The best first-aid for burns is to run cool water over the burned area for 10-15 minutes. If a burn blisters or appears charred, get medical help immediately. ✓ Babysitting requires constant attention. Avoid phone conversations and other activities that distract you. It takes only a few seconds for a child to strike a match or grab a hot pot handle. — 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.
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Safe at Home
By Tom D’Amore
HEATING SAFETY TIPS As temperatures drop and we spend more time indoors, it’s important to be aware of the dangers presented by your home heating equipment. According to the National Fire Protection Association, heating equipment is a leading cause of home fire deaths. Some simple steps can prevent most heating-related fires from happening.
Furnaces Furnaces are relatively safe and common, which is why it is easy for homeowners to forget to maintain them. Here’s a brief checklist for maintaining your furnace or heating device: Inspection and cleaning service is recommended yearly for most furnaces, and can help catch deadly carbon monoxide leaks. Check the filter biannually, more often if you live in a colder climate. Keep anything flammable away from the vent pipe — at least 6 inches of space is a good gauge.
each year for burn injuries associated with contacting hot surfaces of space heaters. Here’s what you can do: Never leave a space heater on when you are not in the room. Make sure your heater has been tested by UL (Underwriters Laboratories), an independent safety certification organization. Products that are UL tested will have a safety sticker visible on the packaging. Check for a “kill” switch that automatically turns off the heater if it tips or falls. Keep space heaters 3 feet away from anything flammable, including wallpaper, clothing, bedding, curtains — even pets.
Fireplaces Fireplaces are particularly dangerous for small children and the elderly. Here are a few basic safety reminders: Get smoke and carbon monoxide detectors. This seems pretty basic, but it’s easy to let it slip through the cracks. Re-
member to replace the batteries annually. Where is your fire extinguisher? If you can’t answer that off the top of your head, you might be in trouble. Make sure there’s one relatively close to your fireplace. Keep flammable materials 3 feet away from the fireplace. A spark from a burning log can set fabric in pillows, curtains, or rugs on fire very quickly. The glass doors on gas fireplaces can get extremely hot. Keep your kids and pets away from the fireplace. The best way to do this is using a physical barrier, such as a gate, to keep children at a distance. Douse the fire before you go to bed or leave the house. For gas/electric fireplaces, make sure they’ve have been turned off. Install a switch lock on your gas or electric fireplace. — Tom D’Amore is an attorney with D’Amore Law Group, PC in Lake Oswego, Oregon.
Space Heaters The U.S Consumer Product Safety Commission estimates that 6,000 people need hospital emergency room care
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H&F HOME & FAMILY
smallest people + smallest room = biggest problems By Mark Bello
If you asked most people, they’d likely say that the kitchen is the most dangerous room in the home — especially for little ones. But what about the bathroom? It presents a host of dangers: drowning, burns, slip-and-fall accidents, poison and electrical shock. A few simple steps could go a long way in preventing harm. Here are some suggestions.
Drowning
Situation: A 4-year-old girl drowns when her mother briefly left her unattended in the bathtub. Solution: Unfortunately, this is not an uncommon occurrence. Children can drown in only a few inches of water; never leave a young child alone in the bath — even for a minute. Bath seats and rings are meant to be bathing aids and will not prevent drowning if the infant is left unattended. Young children can also fall headfirst into the toilet and drown. Never leave water in the bathtub and consider installing toilet seat locks to keep small children from opening the lid. Burns
Situation: A 2-year-old boy climbs out of a bathroom sink with his right foot under running water. The child suffered burns to both feet. The apartment building in which the
family lived provided scald guards for the water heaters, but the guard had been removed from their unit. The maximum water temperature obtained from their faucets was determined to be greater than 150°F. It was later determined that the child climbed on the nearby toilet seat and turned on the water. Solution: Children are hospitalized daily from burns by hot water. If severe enough, a child can be scarred or disfigured for life. To prevent such burns, set your water heater temperature to 120°F. For added safety, install a faucet with safety stops that restrict how far the handle can be turned toward hot. Always check the bath water temperature before you put your child in the bath.
Falls
Situation: A 6-year-old boy was trying to get out of the tub when he slipped and fell. His head hit the ceramic tile soap dish that hung off the tile wall, breaking it on impact. It caused a 2-inch gash on his forehead; it was cut to the bone. Solution: Most bathroom injuries come from slips and falls. To avoid injuries: + Keep the floor dry and clean. Use a slip resistant and quick-dry rug or carpet on the bathroom floor. + Apply non-skid pads on the bottom of the tub or use a rubber bath mat. + Slide a cushioned spout guard over
the faucet. + Install bathtub safety rails or handles to safely get in and out of tub. + Use a sturdy stepstool with non-slip rubber feet to help little ones reach the sink. + Only use bath seats and rings if a child can sit upright unassisted, but never leave a young child alone in a tub.
Poisoning
Situation: The mother of a 1-yearold — who was blow-drying her hair — notices him holding a bottle of spilled pills. Did he swallow any? She rushes him to the emergency room where — after having his stomach pumped — it is determined that he did not swallow any pills. Solution: To safeguard against poisoning, keep all chemicals out or reach of children and locked in a medicine cabinet or stored in a cabinet with child-resistant safety cap. Some items may seem harmless, but do contain dangerous chemicals if ingested. It is important to remember that child-resistant doesn’t always mean child proof. Even child-proof lids can be opened by a determined child, so it’s best to eliminate their presence all together. Never discard these items in a trash can that is accessible by a young child. Electrical Shock
Situation: A 6-year-old girl is found with a hair dryer in a water-filled bath tub. The child was in the tub with her 2-year-old sister when their mother
THESAFETYREPORT.COM / 51
briefly left the room. When the mother discovered the toddler out of the bathroom, she went to check on her other daughter and found her unresponsive in the bathtub with the hair dryer. It is unknown how the hair dryer got in the tub. Solution: Fatal accidents like this can be avoided by keeping all electrical devices — hairdryers, curling irons and razors away from a full bathtub or running water and, in general, out of the reach of children. Hot curling irons are also responsible for many childhood burns and cords left lying around can cause accidental strangulation. Throwing water on electrical outlets or appliances can also be dangerous. Electrical items should be safely stored in a locked cabinet or out of a child’s reach. Electrical outlets should be covered to prevent children from putting any objects into the outlet. Ground-fault circuit interrupters can provide additional safety in the event that an appliance falls in water. The best precaution is to never plug in an electrical appliance near water. Most importantly, children — especially those under 8 — should not be allowed to use electrical appliances without adult supervision. It is difficult to watch small children for every minute of every day; but, there are too many dangers in the bathroom to take chances. Thus, the simplest way to avoid serious injuries or death is to make bathrooms inaccessible to small children unless those children are accompanied by an adult. Install a door lock or latch that is high enough so your child cannot reach it; make sure you use the lock or latch and
keep the door closed at all times. — Mark Bello is the owner and founder of Lawsuit Financial Corp. in Southfield, Michigan.
For more inFormation, please visit our website: lawyerstotherescue.org or email us at inFo@lawyerstotherescue.org
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H&F HOME & FAMILY
OLDER HOME?
Time For An Asbestos Check By Steven Kazan
While it was once revered for its utility, asbestos’ ability to cause fatal diseases — through fiber inhalation — has been known since the 1920s and to cause cancer since the 1930s. Asbestos — a group of naturally occurring mineral fibers with the ability to be separated into thin threads — is resistant to fire, heat and chemicals and does not conduct electricity. As such, the fibers were often used in products such as Sheetrock joint compound, roofing, shingles and auto parts. While the product has not been used in decades, it still poses a risk of malignant mesothelioma, lung cancer and asbestosis, as many building products and insulation materials contained asbestos up until the 1970s, according to
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the National Cancer Institute. According to the EPA, here are some places asbestos may still be intact. Insulation Materials: Asbestos was commonly used in products used to cover steam pipes, furnace ducts or boilers. Such insulation can also be found throughout the home in the form of cement sheet, paper and millboard around wood stoves or furnaces. Such insulation can often be found in the attic or walls of a house. Celings and Walls: While the use of such compounds was banned in 1977, many older homes could still be contaminated, and sanding or scraping such surfaces could disturb the mineral fibers. Roofing and Shingles: Such products were often manufactured using
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asbestos fiber in asphalts or cement, meaning the carcinogen could be released into the environment if the products are cut or drilled. Around the House: Keep an eye out for the materials in soundproofing or decorative products, such as acoustic ceiling tiles, oven door gaskets, resilient flooring — also known as vinyl or sheet vinyl — and stovetop pads. Don’t Forget Your Car: The automotive industry used asbestos in the production of vehicles for a number of years. For this reason, millions of cars and trucks may still contain asbestos in their brake pads and linings, transmissions, gaskets and clutch facings. Overall, proceed with caution. If you suspect your home or car may have some lingering asbestos, have it checked by a professional. Look for more information on what to do about asbestos in the home in our next issue. — Steven Kazan is an attorney with Kazan, McClain, Lyons, Greenwood & Harley in Oakland, California.
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commentary
A Better Way to Find Peace of Mind
By Lawrence Egerton Jr.
Under present practice, an innocent, injured person frequently must settle for an unfair amount or face a jury trial, often two years or more away. A jury trial is expensive, time-consuming, stressful and, most of all, uncertain. It is not even final as the case can be appealed. There is a better way to bring about settlement without facing the prospect of a jury trial — Summary Jury Trial. Judge Thomas D. Lambros, chief judge of the Federal Court in Northern Ohio, is credited with developing the procedure in 1980. Although it is in use in the federal courts and a number of state courts, many have never even heard of it. A Summary Jury Trial may be thought of as mediation with six or more jurors present. That is, the parties and their lawyers meet informally with a mediator (judge) and six or more disinterested persons (jurors) in either a lawyer’s office or a courtroom. The parties must have requested the Summary Jury Trial and it is entirely voluntary and non-binding. The purpose
is to attempt to settle the parties’ dispute by finding out how a “jury” would likely decide their case without going through a traditional jury trial. The lawyers, in turn, briefly present to the jurors their side of the case. The mediator then explains the applicable law and the jury goes to another room to deliberate. There is no courtroom reporter, no sheriff — and no appeal. The parties agree in advance on procedures and the evidence to be presented, so the usual time-consuming rituals of a real trial are avoided. After the “jury” reaches its verdict, the parties then meet with the jurors to discuss their decision. The whole procedure lasts only a few hours or a day, at the most. It is mostly nonstressful, but gives the parties their “day in
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court” and almost always brings about a settlement. I first read about a Summary Jury Trial in the May 6, 2011 issue of Lawyers Weekly. I have been practicing law since 1956 and had never before heard of such a thing. After some research, I discovered that this procedure has been going on for decades and that virtually all cases submitted to a Summary Jury Trial were settled. For someone who may have been injured and seeking compensation, I can’t imagine why they wouldn’t want to at least entertain such an idea. — Lawrence Egerton Jr. is an attorney with Egerton & Associates, PA in Greensboro, North Carolina. Law Group, PC in Lake Oswego, Oregon.
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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.
OT R
{Keeping Kids Safe}
ON THE ROAD
12 Tips for child safety
I
t’s easy to get caught up in our daily routines. Take one kid to school; drop the other at daycare; get to work on time. Rinse. Repeat. But what about when that routine changes or when you have a million different things on your mind — bad things can (accidentally) happen. Read these rules for keeping your kids safe. 1 Never leave children alone in or around cars; not even for a minute. 2 Keep vehicles locked at all times; even in the garage or driveway and always set your parking brake. 3 Keys and/or remote openers should never be left within reach of children. 4 Make sure all child passengers have left the vehicle after it is parked. 5 Be especially careful about keeping children safe in and around cars during busy times, schedule changes and periods of crisis or holidays. 6 When a child is missing, check vehicles and car trunks immediately. 7 If you see a child alone in a vehicle, get involved. If they are hot or seem sick, get them out
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By Janette Fennell
as quickly as possible. Call 911 or your local emergency number immediately. 8 Use drive-thru services when available (restaurants, banks, pharmacies, dry cleaners, etc.). 9 Use your debit or credit card to pay for gas at the pump. Put something you’ll need, such as your cellphone, handbag, employee badge, lunch or brief case, etc., on the floor board in the back seat. Get in the habit of always opening the back door of your vehicle every time you reach your destination to make sure no child has been left behind. This will soon become a habit. Keep a large teddy bear in the child’s car seat when it’s not occupied. When the child is placed in the seat, put the teddy bear in the front passenger seat. It’s a visual reminder that anytime the teddy bear is upfront you know the child is in the back seat in a child safety seat. Make arrangements with your child’s
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day care center or babysitter that you will always call them if your child will not be there on a particular day as scheduled. This is common courtesy and sets a good example that everyone who is involved in the care of your child is informed of their whereabouts on a daily basis. Ask them to phone you if your child doesn’t show up when expected. Many children’s lives could have been saved with a telephone call from a concerned child-care provider. Give child-care providers all your telephone numbers, including that of an extra family member or friend, so they can always confirm the whereabouts of your child. For additional information about ways to keep children safe in and around vehicles, visit www.KidsAndCars.org. — Janette Fennell is the founder and executive director of KidsAndCars.org, a national nonprofit child safety organization dedicated to preventing injuries and death to children in or around motor vehicles.
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56 / THE SAFETY REPORT / WINTER 2011-12
Holiday the Airlines
T
his is the time of year when you’ll hear tons of stories about getting the best airfare or traveling with gifts. What you really need to know, however, is how to prepare for travel during this frenzied season. Here are some tips:
Preparing to Fly » Statistically speaking, the safest seats on the plane are those closest to the exits, usually over the wing or near the tail. » Most accidents occur during takeoff and landing. If available, flying nonstop will cut your risk in half. » Is your child flying alone during the holidays? Children 5 years and older are allowed to fly solo, but some have been misconnected and abused while in the care of airline staff. Teach your children precautions, and give them a cellphone to use so you can communicate with them during their trip. » Save the airline’s customer service phone number in your cellphone before your trip to help with any delay or cancellation issues.
OT R
ON THE ROAD
Travel Tips Won’t Give You
At the Airport » Complaining about the weather?
Plane crashes occur most often in poor weather conditions. In the 21st century, nearly 26 percent of crashes happened as a result of weather or pilot error during poor weather. So, while it’s inconvenient when the airlines cancel or postpone a flight, they may be saving your life.
While In-Flight » Bring your own pillows
ready to react — and not looking for your shoes. » Wear long pants when you fly — they will provide an extra layer of protection from fire and debris in case of a crash. They’ll also keep you warmer so you will not feel tempted to use the airline’s blankets. » If you can, buy a seat for your infant and put him or her in a car seat. If
Know Your Rights » If you are on a plane sitting at the
gate and your flight is delayed or canceled, immediately call the airline to rebook your flight. Have your credit card handy to secure your new reservaMichael G.who Phelan tion. Otherwise, the By passengers paid the most for their tickets will get priority during rebooking. » Before your flight review the airline’s Rule 260, found in its contract of carriage, which will be available on the airline’s website. If your flight is delayed or canceled, most airlines are required to rebook you on the next available flight, even if it’s with a different carrier. » If your flight is delayed on the tarmac, most airlines can only keep you confined to the plane for three hours. After the three-hour mark, airlines must allow you to deplane. If you are plane-bound for more than two hours, the crew must provide you with adequate food and water.
“...while it’s inconvenient when the airlines cancel or postpone a flight, they may be saving your life.”
and blankets. There are no regulations requiring airlines to regularly clean their blankets and pillows. They are a hotbed for communicable diseases. » Disinfect/wipe down the tray table for the above reasons. » Keep money, a flashlight, your cellphone and a smoke hood accessible to you at your seat (stored under the seat in front of you, not in the overhead bin). These are the most valuable items you can have in a crash. » Don’t take off your shoes until you reach a cruising altitude; and put them on again when the flight attendant tells you that the pilot has begun the descent. Since these are the two most dangerous times of a flight, you’ll be
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By Mary Schiavo
budget concerns are an issue, use a harness (such as a Baby B’air) to protect your child in case of a crash or intense turbulence.
In Case of a Crash » Protect yourself by placing your feet
under the seat you’re sitting in, not the seat in front of you. » Turn on your cellphone and record video of the accident if your phone has this capability. The images you collect could help officials later.
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— Mary Schiavo is an attorney with Motley Rice in Mount Pleasant, South Carolina. She has been in the aviation industry for more than 30 years, first as a licensed pilot, then as the former inspector general for the U.S. Department of Transportation, a professor of aviation and now as an aviation attorney.
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58 / THE SAFETY REPORT / WINTER 2011-12
commentary:
Saving American Teen Drivers A Guide for Parents By Shelley McKown Beasley
D
id you know that automobile crashes remain the leading killer for American teens? According to the National Highway Traffic Safety Administration, in 2009, about 3,000 teens in the United States aged 15–19 were killed in automobile accidents and more than 350,000 were treated for injuries. These statistics don’t include the number of non-teens that were killed or injured, such as occupants of the other vehicles, passengers of the teen drivers, motorcyclists, bicyclists or pedestrians. For many people, these statistics are just numbers. But for someone whose son, daughter, friend, niece, nephew, grandson, granddaughter or cousin was killed in a motor vehicle crash, these numbers represent incredible heart break and sorrow. Although teenage driver deaths are declining, there is still much work and awareness to be done. The underlying force behind saving teenage drivers from becoming fatal statistics is parental involvement.
Where do parents begin? It is critical for parents to teach (by example) their teenage
driver good driving habits, monitor their behavior and set rules on seat belts, alcohol, cellphone use, curfews and passengers. Their risk is at a lifetime high during the first six to 12 months and 1,000 miles of driving.
TALK to your teenage driver every day about the risks and responsibilities of driving. Discussions and setting expectations can best happen with the initial step of signing a written contract. (See more, page 60.) The contract should list the rules and consequences of breaking the rules for your teen driver. For more information on conversation guidance, written contracts and more, you can check out these great websites; www.nsc.org, www.ghsa.org, www.nhtsa.gov or www.teendriversource.org. EDUCATE your teen driver more than the law mandates. Defensive driving courses have been proven to reduce accidents and increase awareness of safe driving. There are several private organizations that offer behindthe-wheel and classroom instruction for novice drivers, including the Institute for Drivers Safety in Tempe, Arizona. It is run
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by former law enforcement officers who offer an extremely thorough approach to safe teen driving. Their program includes an eight-hour classroom instruction with two, threehour, behind-the-wheel driving sessions. They offer actual driving tests that take students through downtown, on the freeway, around the airport, in a school zone and many other environments. The cost for the program is approximately $400 and a number of insurance companies offer discounts for completing the program. There are many national nonprofit groups that travel throughout the country and do full-day safe teen driving programs for free or minimal costs.
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One of them is called Driver’s Edge and is run by former race car drivers. I have several safety colleagues and friends whose teenage drivers have participated in this program and they say it is outstanding. For more information, visit driversedge.org.
CALL without consequence. Encourage your teens to call you anytime they need a ride, rather than get in a car with a driver who has been drinking. Promise them there will only be discussion and no punishment.
GO the extra mile in monitoring your teenage driver. Today, you can purchase items such as in-vehicle monitoring cam-
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 3137
Police chases kill at least
Allison
Johnny
Desiree
3
Brandon
eras, GPS tracking devices, cellphone jammers and devices that read and store data from their car’s onboard computer. Although my 16-year-old and his best friends would tell you that enduring my lectures on safe driving has been painful over the years, it was wonderful hearing one of them tell another friend to “buckle up and turn off the phone.” Awareness is the first step and who knows, one comment from a buddy might just help save someone’s life. — Shelley McKown Beasley oversees the EHS Compliance Division for ICertainty INC and is a teen driver safety advocate who promotes her cause at twitter.com/ coolsafetychic.
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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
60 / THE SAFETY REPORT / WINTER 2011-12
my son TO SIGN A HOW I GOT
DRIVING CONTRACT
a
By Richard Hastings
s the parent of a teenage boy who is about to get his driver’s license, I recently began to think about the fact that I have not been specific enough about my expectations and the unyielding rules that will apply to his operation of a motor vehicle. We have discussed that this is a privilege and not a right and that he will soon be in a position where, if he is not careful, he could run the risk of seriously injuring himself, someone else or even worse. We have also discussed the risks that cause most teen driving accidents: inexperience; distracted driving, etc. But there are so many other issues we did not discuss: Does he need to maintain a certain grade point average in school to be able to drive and, if so, what? What expenses will he be responsible for? What restrictions regarding hours of operation, weather conditions and the number of passengers are to apply? What are the hard and fast penalties for having anyone enter the vehicle that has drugs or alcohol? What are the unyielding penalties if he ever consumes alcohol or does drugs and then operates the vehicle? What are the penalties for any moving violation that he receives? What happens if he causes property damages or injures someone in an accident? What happens if he needs to call for alternative transportation to avoid either riding in or driving a vehicle where alcohol or drugs are involved? After considerable thought, I decided the best way to memorialize these requirements with no room for misunderstanding was to draft a Parent Teen Driver Contract that
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sets forth all of the rules and penalties for not following the requirements that are specifically set forth in the contract. Despite understanding the reasons for its imposition, I was met with the initial resistance in being required to sign a seemingly onerous document. I told my son that he did not have to sign it but that it was a requirement for operating any of our motor vehicles. After further discussion, it was signed. The contract should provide one more safeguard in making my son a better driver and a more vigilant and defensive operator. Plus, it will help my wife and me to feel just a little better knowing that we have taken this collaborative step in reinforcing these important considerations. To download a free copy of the Teen and Parent/Guardian Driver Contract, visit http://hcwlaw.com/download-teendriver-parent-guardian-contract.html. — Richard P. Hastings is an attorney at Hastings, Cohan & Walsh, LLP, with offices throughout the state of Connecticut.
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Breathing Easier By Jerry Trachtman
A
irline travel truly is one of the safest, most efficient and fun forms of transportation. Even with today’s airport security screenings, no other form of public transportation can get us to our destination faster. However, besides the obvious risks, there is something else travelers should be aware of — a relatively rare, but potentially hazardous problem that manifests as light smoke, vapor or mist and an odor in the passenger cabin. The problem arises when turbine oil leaks from a jet engine or from an auxiliary power unit (APU) and is “pyrolized” by the very hot operating temperature. The oil contains a very small amount of an anti-wear compound, tricresyl phosphate (TCP), which is known to be toxic to humans. Pyrolizing is similar to vaporizing, and when the oil leak occurs in the part of the engine or APU that is used to provide the cabin air we breathe, the result may appear as a cloud of smoke, a vapor or mist that contains TCP. This occurrence is often referred to as a “fume event.”
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Those who have reported fume events also report the immediate onset of symptoms that include coughing, a burning throat, sore eyes and headache. At times, the symptoms never resolve and a diagnosis of Reactive Airways Dysfunction Syndrome (RADS), a form of asthma, is common. RADS is a permanent condition that can be managed, but not cured. The coughing never goes away. It is impossible to determine how many fume events have actually oc-
If you are traveling on an airline flight and experience a fume event, you should consider asking a flight attendant for supplemental breathing oxygen.
From your computer, enter the article ID in the search box at thesafetyreport. com. Article ID: 3139
curred on airline flights. The Federal Aviation Administration (FAA) maintains a database of Service Difficulty Reports (SDRs), which are maintenance incidents self-reported by the airlines and other aircraft operators. However, the data is considered to be incomplete, even by the FAA. By some estimates, as much as 90 percent of reportable maintenance incidents are not reported. A search of the SDR database for the period January 1, 2008 through June 30, 2011 shows 149 reported events of smoke in the cabin resulting from engine or APU oil-related issues. If you are traveling on an airline flight and experience a fume event, you should consider asking a flight attendant for supplemental breathing oxygen, especially if the toxic vapors dissipate quickly. Make a formal report of the event to the airline and seek medical attention as soon as practical. — Jerry Trachtman is an attorney with Trachtman Law in Melbourne, Florida.
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62 / THE SAFETY REPORT / WINTER 2011-12
How Important Is THE AGE of Your Tires? W By Brett A. Emison
ith high gas prices, drivers often hear about the importance of keeping tires properly inflated. It is common for drivers to rotate, balance and check tires regularly for wear. However, most drivers do not know that tires have an expiration date. Just because a tire looks brand-new does not mean it is safe to use. Tires have an expiration date and should not be used if it has been six years or longer since the tire was manufactured. Other tire failure factors include: » Age of the tire: Tires deteriorate with age; older tires have a much higher risk of failure than newer tires with similar wear and tread depth. » Use of the tire: Tire deterioration is accelerated when the tire is stored and not used on a regular basis. » Temperature: Tire deterioration is accelerated by heat. Tires used primarily in warmer climates (such as the Southwest) have a higher risk of failure than tires used in cooler climates. Tire companies have known for decades about the dangers of older tires, yet numerous human factor studies show that the general public is unaware of this critical danger. A 1977 Business Week article warned that “a long park in a garage can be as hard on tires as thousands of miles of highway travel.” A 1981 paper, The Effect
of Tire Aging On Force And Moment Properties Of Radial Tires, found that it was “well known [in the tire industry] that over extended periods of time the physical properties of rubber undergo significant changes. There are extensive discussions in the [industry] literature of how rubber properties such as modules elongation, loss factors, etc. are affected by ozone, temperature, oxidation, humidity and other environmental factors.” Despite this knowledge, tire manufacturers still fail to provide readily accessible information about the age of tires. Tire manufacturers must provide the date on which the tire was manufactured, but not the expiration date after which the tire should not be used. To make matters worse, the “born on” date is provided using a cryptic code that most consumers — and even most tire installers — are unable to accurately read. What’s more, until recently, these dates were placed on the inside wall of the tire making the manufacture date very difficult to find. Tires are the only part of your car connecting you to the road. Even the most expensive and agile sports car cannot outmaneuver a blowout. Make sure you take adequate precautions to keep you and your loved ones safe by checking the condition of your tires regularly.
(continued on next page)
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»
HOW TO Determine the Age of Your Tires » Each tire has a required Depart-
» Prior to the year 2000, the last
» Tires produced after January 1,
ment of Transportation (DOT) number imprinted on at least one of its sidewalls. That number begins with the letters “DOT” and may contain up to 12 additional numbers and letters. The first and last digits are the most important.
three digits of the DOT number represented the week (two digits) and year (one digit) of production. So if the last three digits were 408, the tire was produced in the 40th week of the eighth year of the decade. There was no universal identifier that confirmed which decade in which the tire was manufactured (however, tires produced in the 1990s may have a small triangle following the Tire Identification Number).
2000 have a four-digit date code at the end of the DOT number. The first two digits represent the week of production and the last two digits represent the last two digits of the year of production. So, 5107 indicates that the tire was produced in the 51st week of the year 2007.
» The first two letters or numbers identify the manufacturer of the tires.
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From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 3140
50
At leAst children Are bAcked over by vehicles every week. 48 are treated in hospital emergency rooms. 2 die.
— Brett A. Emison is an attorney with Langdon & Emison in Lexington, Missouri.
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Love them, protect them
www.KidsAndCars.org
www.charitynavigator.org
64 / THE SAFETY REPORT / WINTER 2011-12
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Look {Before You} Lock
ontinuing its national efforts to educate the public about the dangers of leaving children in cars, KidsAndCars.org recently unveiled a new pilot program — “Look Before You Lock,” which includes special cards that explain how memory lapses can place children in danger when inadvertently left in cars. Available in English or Spanish, the cards will be distributed as part of the free information packets given to new parents upon leaving the hospital. Safety tips on the card include the memory device, BE SAFE: Back seat – Put something in the back seat of your vehicle that requires you to open the back door every time you park — cellphone, employee badge, handbag, etc.
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Every child should be correctly restrained in the back seat. Stuffed animal – Keep a stuffed animal in your child’s car seat. Place it on the front passenger seat as a reminder when your baby is in the back seat. Ask your babysitter or child-care provider to call you if your child hasn’t arrived on time. Focus on driving – Avoid cellphone calls and texting while driving. Every time you park make it a routine to open the back door of your car to check that no one has been left behind. For more information, visit KidsAndCars.org.
From your computer, enter the article ID in the search box at thesafetyreport.com. Article ID: 3141
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start your team at marchforbabies.org
© 2012 March of Dimes Foundation