EOH 454 Environmental Health Law

Questions

Case Study: 1

Franklin County Public Health (FCPH) began receiving complaints about bed bugs beginning in 2008 from a variety of different locations throughout their jurisdiction. These locations included private homes, apartments, hotels, libraries, schools and day care facilities, firehouses, hospital emergency rooms, student dorms, and jails. With the permission of the Environmental Health (EH) Director and the Health Commissioner, a policy was approved administratively to create a program to address the bed bug concerns within the jurisdiction of FCPH. A FCPH EH Division staff member tracked and responded to 90% of these complaints by either providing bedbug prevention education or an on-site inspection, and spent 75% of his time on the program. This staff member was highly passionate about the bed bug problem and other EH problems within his control. He also had a history of developing and implementing programs to address EH needs and state requirements, because of his “passion,” that were far in excess of what was “normal,” to increase the perceived value of his work in FCPH (which he believed was job security).  Enforcement against hotel and apartment owners to treat the affected areas were sometimes effective. The FCPH’s mission at that time was: “Franklin County Public Health improves the health of our communities by preventing disease, promoting healthy living and protecting against public health threats through education, policies, programs and partnerships.”  

At that time the CDC considered bed bugs a “resurging worldwide problem, causing property loss, expense, and inconvenience. The good news is that bed bugs do not transmit disease. The best way to prevent bed bugs is regular inspection for signs of an infestation. Bed bugs should not be considered as a medical or public health hazard, and can be an annoyance because their presence may cause itching and loss of sleep. Sometimes the itching can lead to excessive scratching that can sometimes increase the chance of a secondary skin infection.” In the FCPH service area, bedbugs presented a tremendous nuisance to the public. Population groups like the elderly and poor suffered horribly and disproportionately, compared to other groups.

Prior to this time frame, the EPA had banned a pesticide called Propoxor because of the risk of exposure to young children (http://www.huffingtonpost.com/bill-chameides/is-propoxur-the-way-to-no_b_869035.html), the only commercially available pesticide known to eliminate these pests with a few treatments when used according to the label for a cost of around $400-$500. The only other effective method to kill bedbugs was the use of heat treatments that costs thousands of dollars, which needed significant household preparation prior to treatment, and which was not within the abilities of the infirm, elderly, and poor. Without a treatment method that was cost effective, staff felt that they were not doing enough to protect the victims of this nuisance and to improve the quality of their lives. There were no funds available to provide any assistance to pay for the heat treatment method.

A Columbus based advocacy group, which was led by the same  person who was in charge of the bed bug response program at FCPH, proposed that letters be written to the governor of Ohio to request that the ban be lifted. The ban was set due to concerns of exposure to small children within the dwellings that were being treated.

The Columbus City Health Department, which served the jurisdiction in Franklin County not served by FCPH, decided by administrative action that they were not going to dedicate staff time to the bed bug problem, because bed bugs were not a public health hazard.   

This staff member asked the Environmental Health Director to bring a resolution to the Board of Health (BOH) to approve staff to write a letter asking the governor to force the Ohio EPA to lift the ban on Propoxor. There was no advanced notice to the public at large regarding the resolution. The time, date, and location of the Board meeting was advertised as per state law in the newspaper, 10 days prior to the meeting. The members of the advocacy group knew about the resolution being brought to the BOH
for approval. A resolution before the Board does not require a hearing, but a few members of the advocacy group were in the audience. These members could contribute to the discussion as “members of the public” if permitted by the Board. This solution would be a “win-win’ for all stakeholders: hotel owners, landlords, FCPH, the pesticide application industry, and the victims of bedbugs.

Using the above case study, answer the question below using the Ethical Analysis Framework in attached Module. The answers must be addressed under the three main subject areas in the Framework:    

If you were the EH Director, would you bring a resolution to the Board to request that the governor lift the ban. Why or why not?

Case 2 Study:  

Read the case entitled “C. Rice Packing Co. v. Ballinger, 223 S.W.2d 356 (Ky. Ct. App. 1949).” Summarize this case in layman’s language using a narrative format in your own words. 

Do not use legal terminology. For instance, do not use the term “appellant,” instead translate the term to the definition of appellant for your narrative. Do the same for other legal terms such as complainant, appellant, “case at bar that the opinion therein,” etc. Translate this legal document into a narrative that a non-lawyer could understand in your own words. 

Answers

Case study 1

The answer is yes I would advocate for a ban on Propoxor

Holding the position of the EH director the resolution will be brought to the broad in order to ban the harmful substance. I would therefore request the governor to lift the ban hence discourage the use of the product.

The fact that the complaints that are being receive d of the bedbugs infection form the beginning in 2008 makes it necessary to consider the health of these individuals as it is detrimental. The hotels and the private homes have children who are vulnerable to diseases and thus may cause there to be dangerous outbreak of diseases and the infections associated with the dangerous chemical substance.

The day care facilities are the most crucial areas of potential and malicious damage by the use of the pesticide which is illegally imposable. The baby care hosts an number of children whom their parent work and reside in the areas around and thus the effected people will be dick as a result of t prevention of bedbug spraying.

The facilities that should be considered for spraying are such as the jail which should be given exceptions because the bedbug outbreak is much persistent and may heighten to higher levels that may cause prisoners to suffer lot.  The environmental health officer is not in knowledge of the damage and the health commissioner are not aware of the harmful nature of the program that they seek to put into action in order to curb the issue of bedbugs. I would advocate for another approach of controlling the bedbugs which are in the areas of residence without put in to risk the lives of the people who are living in the region.  

The bedbug prevention education by the AFCPHEH Members and the staff is tracked in accordance to enlightening the society and the response is positive and thus the inspection is formulated in a manner that is acceptable and will enhance cohesion. The need to secure the jobs is ascertained by leaving alone the pesticide by the name propoxor which might lead to laying-off workers after the effects are evidenced.

The pesticide known as propoxor have got biochemical substances that causes ailments such as asthma and other breathing and trachea problems. The lungs are suffocated and thus the individual will not be able to breath and the pertaining other the little children they will suffer permanent damage in the breathing system. I would instead advocate for promotion of a healthy living and clean environment instead of the imposition of the control measure of using the pesticide as this will uplift the standards of living the quality of life.

The need for human beings to be protected from threats through continuous education and the partnership of health programs is essential as it will lead to successful implementation of the programs.  The fact that bedbugs do not transmit diseases should be left alone in the hot water method of control and physical removal. The diseases are not transmitted by the bedbugs hence the surrounding and the individuals residing in the [private residence have not to worry about the transmission of the diseases by the pests. “George said the method of control that should be incorporated is that of washing and cleaning all the garment sent he inside premises by use of hot water” (Erick, 2012, p.123).

Case study 2

The company by the name of Rice Packing Co. ltd undertaking slaughtering is restrained from the operations of the daily chores due to the evidence that the slaughterhouse is source of nuisance and disturb of public peace. The C. Rice Packing Co is curtailed and thus a prevention undertaking is undertake to hinder it from operating due to meat packing that it results to complaints from the public.  The defendant however is the cued party in the capacity of the company who proposes that the operations are accordance to the modern method of meat packing and production hence it has adhered to the necessary requirement as and the precautions that are supposed to be followed pertaining to the compliance.

The company is the defendant in this case and the appellants’ the complaining party who wants the company to cease operations due to the opinion that they are endangering the peace in the area of the operation.

The chancellor hover also stooped the company from the continuance of the operations due to the conclusion after the research was conducted in eh entire program. “John said the chancellor in the capacity of the judge reaches the verdict for the judgment” (Peterson, 2015, p.344).  It is deemed necessary for the company to restrain in operating further immediately resulting from the analysis that was concluding poetizing other defector pollution.

The company sees in operation for many years in the city of Covington and thus there is need to consider it is existence as the only slaughter house in the region. There is fact that it have not opened any other branches yet hence it can use the opportunity to increase its economies of scale by diversifying gin other regions where they are less populated and will not require much supervision. The cattle and hogs are both slaughtered in the area and this makes it easier to transport meat and the products to the market considering the aspect of availability and the closeness other main town. “Felix said the plant has increased noise in such a way that the dirt is also emancipating for the region” (Erick, 2014, p.455).

There are odors which are produced by the bad waste of animals that are slaughtered in the plant. There is machine called the meter which is place with the bones and other products such as the mass of offal is subjected to the melting. “David said the chicken feed are obtained from the bones and the melting machine plays a crucial role in ensuring that that company utilize all the products that are produced in the entire process” (Richard, 2014, p.345).

The castes is condense is used to recycle back the steam that is used in melting the bones and thus this ascertain the use of efficient resources in the process of melting and producing the chicken products.

The appellant the operation of bringing the livestock the slaughtering of the animals and the disposal of the waste produces a lot of effects and should not be tolerated.

Works cited

Felix, M. (2013). The plant has increased noise in such a way that the dirt is also emancipating for the region: Austria, Lowman press.

David, B. (2012). the chicken feed are obtained from the bones and the melting machine plays a crucial role in ensuring that that company utilize all the products that are produced in the entire process: Russia, Gotham press.

George, C. (2014). The method of control that should be incorporated is that of washing and cleaning all the garment sent he inside premises by use of hot water: Sydney, Hungarian press.

John, F. (2012). The chancellor in the capacity of the judge reaches the verdict for the judgment. Chicago: Gotham press.