OAK RIDGE, TN — September 22, 2006 — Without wearing protective gear, workers at the government Oak Ridge National Laboratory (ORNL) moved beryllium–contaminated equipment from building 9201–2, a facility with surface beryllium levels as high as 10 times the legal limit, to non–contaminated areas, according to a recent audit. Employees who made the equipment transfers did not know that they were being exposed to beryllium and ORNL did not advise them that they were eligible for medical monitoring at that time, the report said.

The building did not have signs indicating the presence of beryllium and the equipment was not labeled as contaminated, according to the report. ORNL claimed that with one exception, all equipment had been properly labeled before the move, but the auditors found otherwise.

“We determined that the Laboratory had not fully implemented its own beryllium internal control procedures, nor had it adopted other sound business practices relating to beryllium exposure,” the audit report said. “... As a result of the Laboratory not properly managing activities relating to beryllium contamination, employees’ exposure to beryllium was not minimized. ... Research has shown that once an individual is exposed to beryllium, they carry a lifelong risk of developing beryllium sensitization or chronic beryllium disease, even if the exposure amount was small or if the individual is no longer exposed.”

Beryllium sensitization is an allergic response to beryllium that may develop into full–blown chronic beryllium disease. Also known as berylliosis, chronic beryllium disease is a painful scarring of the lung tissue that leads to shortness of breath and chest pain. In severe cases, it can stress the heart.

Workers become sensitized to beryllium by breathing in dust or fumes containing the metal. ORNL managers detected beryllium dust in building 9201–2 during an inventory in December 2001. Almost three years later, ORNL began moving unlabeled beryllium–contaminated equipment, including lathes, hand tools and milling equipment, from the building to non–beryllium areas.

ORNL is operated by the federal Department of Energy (DOE) and managed by the University of Tennessee and Battelle Memorial Institute. The DOE’s Office of the Inspector General received a complaint about ORNL’s mishandling of beryllium, and performed an audit from April to August 2006. During the audit, ORNL moved the beryllium–contaminated equipment back to its original location at a total cost of $27,000. ORNL also began to compile a list of the workers who transferred the tools and equipment. The list is not yet complete, although 85 workers have been identified (The Oakridger, September 11, 2006).

Finding Out About Beryllium Exposure

The full text of the ORNL audit report can be found on the web site of the DOE’s Office of the Inspector General. A prior report from April 2003, Beryllium Oxide Operations at the Y–12 National Security Complex, showed that manufacturing equipment and facilities at ORNL were outdated, increasing the health hazards and risks of beryllium exposure. Also see a related audit, Implementation of the Department of Energy’s Beryllium Associated Worker Registry, indicating that DOE has not maintained complete or accurate data in its worker registry, which is used to evaluate the health effects of beryllium exposure. You will need Adobe Acrobat to open these files. If you do not already have this software, you may download a free copy at the Adobe Acrobat web site. Also, the file that contains the report, Beryllium Oxide Operations at the Y–12 National Security Complex, is large and may take several minutes to download.

For more information about beryllium risks, see Exposure Risks: Industries and Occupations. If you have been exposed to beryllium and developed chronic beryllium disease, please contact the attorneys at Brayton Purcell. We will evaluate your potential case free of charge and advise you about your legal choices. Our law firm has successfully handled cases involving beryllium and other toxic substances for over 20 years, and we have earned an excellent national reputation in this legal field.