PUBLIC LIABILITY and CHEMICAL EDUCATION - ACS Publications

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PUBLIC LIABILITY and CHEMICAL EDUCATION PARK LOVEJOY TURRILL Glendale Junior College, Glendale, California

Recent decisions of the Superior Courts of the State of California indicate very clearly thut school districts, under the California statutes, are liable for accidents i n laboratories and shops where negligence on the part of employees can be shown. Seueral schools have had large judgments h i e d against them. A full-coverage public liability insurance policy does not seem to be the complete answer to the problem. Adequate steps should be taken to protect the students against their own carelessness; for as one attorney for the plaintiff fat it in a personel injury action: "It i s far better to leave a boy uneducated than to blind him."

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N TWO cases involving the blinding of an eye in school shops in Oakland, one pupil received a verdict of sixteen thousand dollars and another a verdict of thirty-two thousand dollars, the latter award being later reduced by the Supreme Court of the State of California to sixteen thousand dollars. The Supreme Cowt of California, in the case of Ahern 8s. Livermore Union High School District, on January 30, 1930, held that school districts are liable for any injury to a pupil caused by the negligence of a school employee. A student of one of the Pasadena schools was recently awarded a verdict of fifteen thousand dollars, with two thousand to his father for medical expenses, by reason of the lodging of a piece of metal in the boy's right eye during an auto mechanics class. LEGAL OPINION

The Los Angeles County Counsel states:* Counsel for the plaintiff in his closing arguments in the case just described orated with telling effect (on the jury) the seriousness of the injury t o the boy in the loss of his eye and the consequent effect on his whole life, and argued that i t is the duty of school authorities t o have in mind the inexperience and lack of skill and attention on the part of young boys, and eliminate from the course of study all things which constitute a Eazard, saying that it is better t o leave a boy uneducated rather than to blind him. We cannot help concede the force of this argument from a moral and social standpoint a t least, and also realize that the same argument made by able counsel is likely to result in verdicts against the school districts in similar cases where the injury is as serious as the loss of an eye. From a financial standpoint if from no other it is advisable t o avoid any possible chance of such injuries, regardless of whether or not insurance is carried, for a few verdicts of this size will result in greatly increased insurance premiums on public liability policies. * Official communication t o all school boards of Los Angeles Countv from Countv Counsel Everett W. Mattoon.

With such verdicts facing us, and creating precedents, how careful should we be as chemistry instructors in the prosecution of laboratory work, and just what steps should we take, not only to protect the governing boards of our schools and colleges against damage suits but, what is far more important, to prevent the permanent maiming or disfiguring for life of our students through chemical explosions or accidents? NON-PROFIT INSTITUTIONS Some years ago a student in the chemical laboratories of Cornell University was injured in an explosion which destroyed the sight of one eye. The regular laboratory directions involved the performance of two experiments; No. 84 on the list employing a mixture of potassium chlorate and strontium nitrate, and No. 88, mercuric sulfide and calcium oxide. Through some error of execution, either, that of the student who was injured or that of the stockroom dispenser, the chemicals were incorrectly combined; potassium chlorate and mercuric sulfide being heated in a test-tube instead of the chlorate and strontium nitrate. In the explosion that followed the student lost the sight of an eye. She immediately brought suit against the university, and obtained a heavy judgment in the trial court. Counsel for the defense appealed, and the New York Court of Appeals reversed the judgment of the lower court. As a result the plaintiff was unable to recover anything from the university. The Deputy County Counsel for Los Angeles County,t in reviewing the above case for the writer, sums up the decision of Judge Cardozo of the Appellate Court as follows. (See 240 N.Y. 328.) LIABILITY O F

The court in reviewing the judgment of the trial court, stated that since Cornell University is a charitable institution, i t has the benefit of certain immunities not shared by institutions organized far profit. It therefore is immune for liability for errors of professors or other members of its staff of teachers. A university is not to answer in damages because false or pernicious doctrine is imparted t o its students or because the warning of the teacher on some experiment has been inadvertently omitted and there is no adequate distinction between the negligent use of a chemical in the course of an experiment and its negligent use or handling in preparation for the experiment or dispensing of the chemical. While a university owes to its students whatever duty of care or diligence is attached to the relation as reasonably implied in the nature of the undertaking and the purpose of the charity, yet no evidence here showed that the servants of the university were guilty of negligence and since qnly conjecture or suspicion could impute negligence t o anyone, the university should not be held liable. t Private communication t o the author from Mr. Ernest Purdum. Deputy County Counsel of Los Angeles.

FOOL-PROOF CHEMISTRY COURSE? A chemistry laboratory constitutes a potential and occasionally a very prolific source of accidents. we may attempt to make the course '~fool.proof" in high schools, but we do not reach that idealistic goal even in high schools for reasons which are more or less obvious. In college courses i t is utterly impossible to plan a series of experiments which are dauger-proof, for the mis-reading or misinterpretation of directions, or, what is worse, the disinclination to follovr them exactly means that accidents are bound to happen, whether the family be well regulated or not. L~~~year a student in one of our sections of college chemistry heated a mixture of ethyl alcohol and perchloric acid. The directions specifically warned the operator not to heat the mixture or attempt to evaporate down to dryness, and immediately below, in the notes, the author wenton to explain that ethyl perchlorate, if heated, will explode. i-qeeaess to say they did, The assistant D~~~ of women,in rendering first aid to the student working a t the bench across the aisle, picked over fifty pieces of broken evaporating dish out of her shoulders and back. By some strange streak of fortune the student responsible for the neither lost his eyesight nor was badly injured. H~~~~we see that i t is notalways the man who dis. obeys directions who becomes the recipient of the full force of an explosion. The neighboring students working a t the same bench, or those across the aisle, may be injured more seriously than the careless one. Nor can we all be as Y or as prophetic as a wellknown professor in a large mid-western university. A former student of his related the following tale to the writer: A

Dr. . . . . . . . was meandering up and down the aisles in the organic chemistry laboratory. He stopped at a desk and asked the student what he was doing. The latter told him. The professor, in his most delightful manner, casually remarked: "I think there is going to he an explosion," at the same time calmly dragging the student away with him to a safe distance. Immediately thereafter there was a terrific blow-up. No one was hurt, hut it took the thoroughly frightened student all afternoon to clean up the laboratory.

Picture the result i f the instructor had been detained at another bench a few minutes too long! UNAUTHORIZED EXPERIMENTS

~~~t fall a senior in a southem califomia college, taking freshman for make-up science credit, set off several small batches of potassium chlorate and sulfur in a mortar, even though the stock reagent bottle of sulfur was plainly labeled: "under no circumstances &lorate, or other powerful mix sulfur with oxidizing agent." T h e laboratory instructor, working a t the blackboard with a small group of students, noticed the noise emanating from that comer of the room but passed the matter up with a disciplinary glare a t the offending student. (The had been test-tubes with hydrogen that afternoon and had been

setting them off by exposing the tubes full of gas to their bmers.) The offending student moved the mortar and pestle an adjoining laboratory, gathered an admiring group of chemistry him, and Proceeded to set off a batch of his pronay prepared mixture. The heavy mortar and pestle were nearly ~ulverized by the tremendous force of the explosion that followed; a bottle containing sodium was blown into the sink, causing a succession of smaller explosions; the student who performed the unauthorized experiment lost the end joint of his right index finger and had his left hand horribly mutilated; the "audience" was badly cut by 'ying glass, and genera' pandemonium reigned. From the standpoint of public liability, the college derives protection from a personal injury action in this accident from two things; first, the opinion of the New York Court of Appeals, which now stands as a precedent to protect the governing bodies of %on-profit" institutions of learning, and second, from the fact that the student was performing an "unauthorized experiment." It is quite plain that there is an appreciable hazard in the operation of a chemistry labor at or^, and a t a recent conference of college instructors in chemistry held a t Los Angeles, the writer took up this problem of public liability and the responsibility resting on those of us who have Young apprentices of chemistry in our charge. The consensus of opinion was that the problem is wmthy of considerable study. The Los Augeles County Counsel further states: ie

We h m been particularly impressed in observing reports of cases of accidents as passed upon by the Appellate or Supreme Court with the fact that in practicaUy every case the injued pupil has denied ever having received any instructions or cautions, . . . and the jury has found against the school district, so that it is apparent (from these court decisions), that the instructor's word alone is not sufficient to establish the fact that warnings have been given the pupil. We therefore suggest for consideration the advisability of teaching a set of written instructions and warnings to each pupil at the beginning of each term, . . . and that the pupil be required to pass a satisfactory pbfitten examination with his answer signed and preserved on file to prove in case of necessity that he had been warned.

ACCIDENT-PREVENTION METHODS Various plans are in use by college and high-school chemistry instructors to remedy this conwon. Ohe teacher gives a true-false type of quiz to all students in chemistry a t the beginning of the term. It is entitled a "Chemistry Accident-Prevention Test," and is designed to educate the student in the things he should and should not do in thelaboratory.* In private comespondence with the writer, this instructor states: "It . is made up so that the answers are so obvious that every student should make a Perfect score, as You will Perceive. These (examinations) are signed by the student and kept on record to show that the student has had at least some training in safety regulations. *copies of these tests, safety rules, and regulations are on file. and may be had by communicating with the author.

Another instructor disposes of the problem by passing out mimeographed directions a t the first of the term, giving definite rules for the conduct of the laboratory. Each new student in chemistry is required to sign a statement certifying to the effect that he has read and understands the instructions given, and that he has learned the location of the first-aid instruction sheet and kit. At another college all registered students in all courses in chemistry are required to sign a lengthy statement of rules and regulations. In addition, if of age, they are required to sign the following "release slip" : 1. I have read carefully the foregoing rules and regulations as they apply to the operation of the chemistry laboratories of

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2. I understand them thoroughly. 3. I will not hold the faculty, the administration, or the Board o f . .. .. o f . . .. .. ., individually or collectively responsible in any legal way for any accidents that may occur. I hereby release them, one and all, from any legal responsibility for any acts of my son/daughter/ward/seIf. I have cautioned him/her to obey the rules and regulations as set forth herein, or to be given orally by the instructor in charge. Signed Parent, guardian, or self (if of age)

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judgments against our school districts or collegesunfortunate as they are in their reaction against those of us in chargeshould not be our chief concern. Damage to limb or eyesight, or loss of life cannot be measured i n terms of economics. DISTURBANCES In all western states particularly, and in the United States in general, the possibility of the earthquake is a constant menace (chambers of commerce uotwithstanding). Far-seeing business men on the Pacific coast carry earthquake insurance on all apartment and business buildings, unless actually constructed of concrete (Class A construction). In the Santa Barbara earthquake of June, 1925, the professor in charge of chemistry a t the State Teachers' College rushed down to the laboratory a t 6.15 A.M. to find a heterogeneous mass of chemicals and broken apparatus spilled all over the laboratory. Damage was estimated a t $1000. At another college the earthquake problem has been temporarily solved by the placement of all reserve supplies of white phosphorus (heavily coated with molecular copper), metallic sodium and potassium, and other potentially dangerous chemicals' in a special wing off the main stockroom, apart from other supplies. Each container is ~ l a c e dwithin a laraer vessel, so that if the inner one Greaks the outer will act as a safety device. Included in the list of chemicals stored in this manner are the di-, tri-, or polynitrated derivatives of various organic compounds, such as phenol, benzaldehyde, toluene, cellulose, or benzene. These chemicals are not stored on shelves, which are liable to rupture or collapse, but on the cementflooritself. They are further protected from falling cans or containers by adequate shelving placed immediately above. The room is kept as dark and as cold as possible.* Both earthquake and fire drills are regularly held, not necessarily because the latter are required by law, but because accident firmention is the ideal to be striven toward; impossible, of course, of Utopian attainment. We have found that the organic cfiemistry laboratory can be completely evacuated of all personnel in fifteen seconds; and in cooperation with the fire chief, have estimated that an additional ninety seconds would be necessary before his equipment would be on the ground ready for use. EARTHQUAKE

The foregoing release slip has been passed upon by attorneys for the Board of Trustees of that college. The slips are checked against enrolment lists, and are locked up in a fireproof vault for the year. The matter does not end, however, with the mere filing away of a complete set of release slips. All instructors are continually on the lookout for new methods in safety-first procedure, and are eternally trying to solve the problem of accident pmentwn, rather than cure. Of course, even a release slip does not necessarily prevent adjudication of a personal injury case. As pointed out, the argument that all things which constitute a hazard in the course of study should be eliminated is untenable, when applied to the prosecution of college work in chemistry. The increased maturity and independence of college men and women makes them less vulnerable to accident, but on the other hand the much wider scope of subjects covered in the curriculum increases the danger to the individual student. This effect is partly compensated by more comUNUSUAL LABORATORY ACCIDENTS prehensive knowledge. The loss of or d w a g e to material properties, books, apparatus, and clothing is A few rather rare sources of accidents are listed betrivial compared to the irreparable loss of a finger, an low. eye, or even life itself. A sample of fat extracted with ether in a Soxhlet apparatus exploded while being dried in a drying oven. ETERNAL VIGILANCE NECESSARY There is little occasion for the chemistry instructor to adopt an alarmist attitude toward the problem, but there is cause for authorities responsible for a cbemistry laboratory, either in industry, school, or college to bear in mind continually the old adage: "Eternal vigilance is the price of safety," albeit ample coverage liability policies quietly repose in the vault. Heavy

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NATIONAL FIREPROTECTION ASSOCIATION A ~ R I C ACHEMICAL N SOCIETY. "Table of common hazardous chemicals," Textile Colorist. 51, 444 (1929); cf. Ckm. Abst., 23, 2295 (1929). * Since this paper was written, southern California has had a severe earthquake disturbance. Many chemistry laboratories in high schools and colleges have been destroyed. A complete report on this seismic upheaval and its relation to chemical education is in process of preparation. AND

Subsequent analysis showed the ether contained diethyl p e r o ~ i d e . ~ Innocently sitting on a stockroom shelf, a bottle containing 100 g. of benzoyl peroxide exploded spontaneously with total destruction of container and contents. Attempts to repeat the experiment under similar conditions were unsuccessful.3 An investigator found that thin aluminum foil or aluminum bronze is capable of igniting spontaneously under the influence of light.4 A fellow-student of the writer's, while taking undergraduate work in chemistry, endeavored to pull a thermometer out of a cork. The thermometer collapsed under the strain, the student's left hand shot upward and the jagged edge of the broken thermometer cut a deep gash in his eye immediately adjacent to the pupil. Permanent blindness in that eye resulted, regardless of the efforts of the best eye specialists of San Francisco. OBSOLETE EQUIPMENT

The danger to students in obsolete equipment was pointedly shown in an accident in the chemical engineering laboratory of one of our leading universities. An open direct-current motor was used to drive the stirrer for a hydrocarbon nitrator. The nitration temperature exceeded the safety limit, with the consequent inevitable explosion, and with fatal results to personnel. In the editorial decrying the accident, the editor6 urged that universities and colleges carefully inspect their equipment, replacing all that is obsolete, even as the 1 Ds~us,H ~ ~ m r aZ r .. angezv. C h . ; 41, 426 (1928); cf. Herze~,K. W., ibid., 44, 388 (1931); cf. Chem. Abst., 22, 4821

(1928). For a similar hydrogen peroxide accident see J. pharm. Chem., 6 , 410 (1927); cf. Chem. Abst., 22, 1476 (1928). WAMETKIN, S. S., AND KICHKINA, L.S., "A case of detonation of benzoyl peroxide," J. Rurs. Pkys.-Chem. Soc., 62, 2 1 9 3 4 (1930). Wom, H A N S , C h . - Z l g . , 54,796 (1930). Editorial, Ind. Eng. Chem., 18, 222 (1926); cf. Editorial, "Accidents in the chemical industry," ibid., 19,331 (1927)

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professors in their consulting capacities urge their clients to bring industry's equipment down to date. In another editorials on the subject of laboratory safety, the editor recommends: First, that an up-to-date first-aid chart (such as the one sponsored by an eastern scientific supply house), he hunganthe wallaf each and evenr lahoratorv: .. S m n d , that stuclauom dispeniws should be trainrd stlakiently in rh~mistr).tu w . m studcut, :iyainrt unjmctiuned combinauons of chemicals passed out by them; and T k r d , that first-aid data in all laboratory t&tbooks and manuals be tabulated. There is no better place to urge the value of precaution as compared with cure than in the student laboratory. EYE INJURIES

An excellent tabulated summary of poisons and chemicals, and their specific physiological effects on the eyes is to be found in the literature.7 Blindness, like death, is "so permanent." Most of the permanent compensation awards granted in the United States for accidents are due to loss of eyesight. Every one agrees that eye injuries are the most serious, for loss of eyesight is one of the most tragic accidents that can befall one. HUMAN ERRORS

So long as human beings conduct the operations of chemistry laboratories, just so long will accidents occur, for being human, we are not infallible. The problem's only temporary solution lies in full-coverage public liability policies, thorough instruction of all students in safety-first rules and regulations, a completely checked list of release slips, and eternal care to see that students not only follow directions exactly, but also see that they are orevented from ~erforminzunauthorized ex~eriments. "It is better to leave a boy uneducated than to blind him."

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Editorial, Ind. Eng. Chem., 18, 332 (1926); cf. Editorial.

ibid., 19, 441 (1927).

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HANNUM, J. E., "Protecting the eyes of chemical workers," ibid., 19, 817 (1927).