Manganese Lawsuit Filed in Bay Bridge Welder Case
October 31, 2005
A lawsuit has been filed in the Bay Area, California, over allegations of knowing overexposure to manganese fumes and other workplace abuses in the construction of the new span of the Bay Bridge. The lawsuit was filed by the ex-bridge foreman, Angel Leon, who claimed that earlier investigations by himself into similar abuses resulted in his firing.
The company KFM Joint Venture, its subsidiaries and some supervisors in the Alameda County Superior Court have all been named in the lawsuit. The suit seeks economic, general, and punitive damages and lists nine instances of specific actions and other discriminatory and abusive behavior by company officials.
The suit is one of a so-called whistle-blower lawsuit, where an employee or ex-employee discloses information about the company he is working for that is illegal. Mr. Leon was also a key informant in an eight-month long FBI investigation and informed the California Occupational Safety and Health Administration (Cal-OSHA) about manganese exposure problems at the jobsite.
An investigation in 2004 by Cal-OSHA, with Mr. Leon's help, revealed that KFM knowingly exposed Bay Bridge welders to significant amounts of manganese fumes for at least a year. Manganese exposure is linked to serious illnesses like Parkinson's disease, and deaths. Welding in this manner violates state regulations for worker safety.
Gary Gwilliam, lawyer for Mr. Leon, noted that the company had one of the best safety records in the world. According to Gwilliam, that may be due to the company's unspoken policy of not reporting accidents or injuries, but taking care of them off the books instead. Mr. Gwilliam has agreed to try Leon's case on a contingency only basis, meaning he will only get paid if his suit is successful.
The lawsuit is one of three so far filed this year by Alameda County Bay Bridge welders. Another lawsuit is a class-action manganese exposure suit and the other alleges abuse at the hands of KFM officials while on the job.