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Please note that testimony for this bill has been moved to this page and appears at the bottom following the bill
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 479
Sponsored by Senator DEVLIN, Representative MACPHERSON; Senator WALKER
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor¢s brief statement of the essential features of the
measure as introduced.
Prohibits use of R type metal halide or mercury vapor light bulbs in schools. Requires that
schools replace R type metal halide and mercury vapor light bulbs with T type metal halide or
mercury vapor light bulbs.
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to school lighting; and declaring an emergency.
Whereas metal halide and mercury vapor light bulbs are commonly used by schools, particularly
in school gymnasiums and areas where a bright, long-lasting source of light is necessary; and
Whereas the federal Food and Drug Administration has received reports of injuries from accidental
exposure to ultraviolet radiation caused by broken high intensity metal halide or mercury
vapor light bulbs; and
Whereas injuries from accidental exposure to ultraviolet radiation caused by a broken metal
halide or mercury vapor light bulb include redness and burns to the skin and eyes, blurred or double
vision, headaches and nausea; and
Whereas T type metal halide or mercury vapor lights have an internal mechanism that shuts
off the light automatically within 15 minutes after the light bulb is broken and R type metal halide
or mercury vapor light bulbs do not have the automatic shut-off safety feature; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this section:
(a) “School” means a school operated by a school district or a public charter school.
(b) “T type light bulb” means a metal halide or mercury vapor light bulb that has an
internal mechanism that shuts off the light within 15 minutes after the bulb is broken.
(2) A school may use only a T type light bulb in a light fixture that is designed for metal
halide or mercury vapor light bulbs.
SECTION 2. A school, as defined in section 1 of this 2007 Act, shall replace all R type
metal halide or mercury vapor light bulbs with T type light bulbs, as defined in section 1 of
this 2007 Act, within one year of the effective date of this 2007 Act.
SECTION 3. Section 1 of this 2007 Act becomes operative on July 1, 2008.
SECTION 4. This 2007 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
July 1, 2007.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2057
Testimony for SB 479 February 27th, 2007
Joel La Follette
West Linn, Oregon
503.819.5738
UVlightburns@comcast.net
Background Statement
On November 12th, 2004 approximately 70 teachers were injured in a Lake Oswego School gymnasium when they were exposed to ultra violet radiation from a broken type R metal halide light bulb during an in-service training session. Even though the protective lens had been broken two weeks prior to this incident, the bulb continued to burn. Over a five and one half hour period the teachers directly under this light received a 24 hour dose of UV radiation every 8 minutes. That is equal to a little over 41 days worth of UV exposure in 5.5 hours.
In the hours that followed their exposure many of these teachers ended up in area emergency rooms, some thinking they were going blind. Others suffered temporary loss of vision, severe burning pain in their eyes and burns to exposed skin. Five of the teachers sitting directly under the light continue to suffer from this exposure. Their lives and those of their families have been dramatically changed. They suffer constant pain and can not spend time outdoors or in well lit rooms without suffering
This was not an isolated incident nor was it the first such accident in Oregon. These lights have failed in the past causing injury, and they continue to fail. Since the incident in Lake Oswego there have been at least three other documented cases of serious injury from exposure to UV radiation from broken metal halide lights.
Current FDA and OSHA warnings have done little to prevent these accidents and injuries. SB 479 will remove this danger from Oregon schools.
Statement for SB 479
SB 479 is common sense legislation. It sets a deadline for removal of a dangerous hazard from Oregon Schools. It will prevent students, teachers, staff and members of the community from suffering the debilitating effects of exposure to Ultraviolet radiation from broken metal halide lights. It will also send a message to school districts and state governments in other states around the country that this is a serious problem that needs their attention.
My wife Kellie is one of five teachers who are still suffering from their exposure, 27 months after the incident in Lake Oswego. She is currently serving a 6 month medical leave required by our doctor. I say serving because it is much like a prison sentence. She is not allowed to leave our home except to go to the doctor. On sunny days she has been confined to the darkest parts of our home or forced to wear her dark glasses indoors. Her pain is constant and often triggers migraines.
It should be noted that leading up to this medical leave Kellie continued to work. Accommodations were made in her classroom but the work environment was not conducive to her healing. Our doctor, having exhausted all other medical options, removed her from the work place. Thus removing a teacher with 24 years of experience and five nominations to Who’s Who Among America’s Teachers from the classroom. Since being home her pain levels have decrease slightly but we have not yet seen any significant healing. We are hopeful for a full recovery but not sure when that might occur. Her future medically and our future financially is uncertain.
It should also be noted that in the year leading up to the incident in Lake Oswego Kellie climbed to the top of Mt. St. Helens, completed the Portland Marathon and accompanied me on many adventures on the lakes, rivers, streams and beaches of Oregon. She enjoyed gardening, walks, canoeing and watching the birds and squirrels from our treetop deck at our West Linn home. Since that day her world has been limited greatly. She suffers from severe photophobia, making any well lit activity impossible. Her world has moved completely indoors. This has not been an easy transition for either of us.
Our hope is that from this terrible accident something positive will come. SB 479 is the first step in turning this painful experience into something positive. By removing this danger from Oregon schools we will protect Oregon’s children, their teachers and all community members that use these facilities. I urge you to put your full support behind SB 479.
For more information on the dangers of non-self-extinguishing metal halide lights go to www.uvlightburns.com
Testimony from Denise Fletter
Regarding Halide Light Bill #479
Over two years ago I experienced how dangerous Halide Type R lights can be. The event has changed my life, my time with my family and my career.
I am a 5th and 6th grade teacher in Lake Oswego. On November 12, 2004 I attended an inservice that was held in one of our school gyms. We sat for about 5 ½ hours under a metal halide Type R light that had been damaged. No one knew that this light was damaged because it continued to emit light. What we found out later was that the caging that protects the light had been hit by a ball enough to break the protective outside layer of the light. This is the part that is suppose to keep the UV rays from being emitted to the outside.
We have been told that we experienced 24 hours worth of UV rays for every 8 minutes of exposure. It was also explained to me that what we did was like sitting in a tanning bed with our eyes open for 5 ½ hours. And like a sunburn, my eyes continued to burn even after I left that room.
When I first started to feel symptoms I just thought I was getting sick. I felt warm, feverish. My eyes started to water. Later they started to feel irritated. When lots of people started to complain of similar feelings, we thought there might be something in the air. No one had any idea that a light could make us feel this way. The custodial staff and administration were notified, but they were also unaware of what could be causing the problem. This shows how the dangers of these lights are unknown.
I left the inservice thinking that I would start to feel better as soon as I was out of the room. That was not the case. I went to my own school to work and realized later that I was feeling worse as time went on. When I left school it was dark outside. I was starting to feel scared about how much my eyes hurt, but I was terrified when I got on the freeway and realized how my sight was being affected. The lights from all the break lights during rush hour were running together. Immediately I started to break, but hit the person in front of me.
My husband took me to the emergency room that night. The doctor kept asking me if my eyes itched. He suspected that I had “pink eye”, an infection that makes your eyes extremely red. My eyes were bright red at this point, but I knew that I did not have an infection. I was in excruciating pain. Again, no one that was trying to help me at the hospital had any idea what could have caused my eye injuries. The doctor sent me home with medication for “pink eye” and some pain killers. My eyes continued to get worse even after midnight. The painkillers did little to help and by the end of the night I could not see.
The biggest message that I want to convey from this story is that the dangers from these lights are unknown by the people that use them! The lights are located in places where balls are expected to be used. It is likely that the light fixtures can be hit. If a type R Halide Light is even cracked, it can emit harmful rays. Therefore, we need to take action to protect those that could be hurt without even knowing what is happening.
The effects of that day still linger with me. There are so many things now that irritate my eyes. They are light sensitive. I can no longer spend long periods of time in the light - whether it is an indoor light or the sunshine. I go nowhere without sunglasses. Moving air is painful. We no longer are able to use fans in the house when I am around. Even the flow of air conditioning hurts. Reading for long periods also creates a strain. My job as a teacher requires constant reading. I refuse to give up my dream of educating. But I am sad that I give all I can to my students, only to find that I am exhausted from that strain and then feel that I can’t read to my own 3 children at home because my eyes need to rest. I can’t tell you how often I have to give up that pleasure in my life to my husband or to my oldest daughter.
My family has a love of outdoor activities. We would snow ski in the winter, water ski in the summer, camp every weekend, spend time around the campfire, and spend hours out at our pool. If I participate in those activities now, I pay the price for it. My time is severely limited in doing the things that I love, with the people I love, because it creates too much pain in my eyes. Anything that increases my exposure to light, air flow or heat dries out my eyes and they because sore.
When my eyes are “in a bad place”, I feel as if I am blinking over sandpaper. Some mornings it is hard to peel my eyes open because they stick shut. Different types of eye drops are a constant now.
At the beginning of this “journey” we tried to educate people on the hazards of the lights. But I fear that is not enough. Even if someone who works around the lights now knows the dangers, the next person who may take his/her place probably won’t. It is a little known issue that can cause great harm. We can only prevent this from happening to children by removing the Type R Halide Lights.
Testimony of Mary Neerhout Borg re Halide Lights
1. Prior to November 12, 2004. [This is taken from the official Accident Investigation Report dated January 3, 2005, filed by Tana Stewart]
a. October 18, 2004: Metal Halide light bulb was hit by a volley ball and broke during PE class at Bryant Elementary. Substitute PE teacher cleaned up the glass and called the building engineer. It was noted that the light still continued to operate.
b. November 4 & November 9, 2004. Parent e-mails saying child and friend were reporting skin & eye irritation after sitting on the stage during basketball practice
c. November 12, 2004. Math in-service attended by all elementary teachers of Lake Oswego School District was held in the Bryant Elementary School gym from approximately 7:45 a.m. through the noon hour.
2. November 12, 2004
a. Math in-service starting at 7:45 a.m. – by approximately 9:00 a.m. people were commenting on eye irritation but were told the gym had recently been disinfected so there was not a problem.
b. I personally felt as though a cold was coming on – itchy eyes, feverish feel which I later found out was caused by radiation burns to the face and other exposed skin. Later environmental reports would liken exposure to sitting eyes open in a tanning bed for several hours.
c. Experienced itchy, uncomfortable eyes going home after work that evening. Stopped to buy Visine which I had never done before but was feeling that uncomfortable. Product had little to no effect. Went to bed early due to not feeling well.
d. Woke up at 1:00 a.m. due to severe pain in the eyes caused by the light of the moon filtering through the curtains and falling upon my eyes. All I could think of doing was getting to a pair of sunglasses for some relief so I got my husband’s car keys, found my way outside to his car, and slipped on his sunglasses-at this point in time I did not own any sunglasses as I never wore them.
e. Within minutes of getting on the sunglasses the pain became so unbearable that I could no longer even attempt to open my eyes. The pain goes beyond description; I awoke my husband and told him he had to get me to the ER immediately as I was completely and painfully blind. Speeding down the freeway at 1:00 a.m. with sunglasses on was excruciating due to the light going through the glasses and my eyelids.
f. The ER room (Good Samaritan Hospital in Portland, Oregon) had to give me pain killers in order to relax the eye enough to pry it open for an exam. They asked if I had been using a welding torch without eye protection or if I had been skiing that day without eye protection. They felt my symptoms best matched snow blindness, but as I had only been at an in-service, they could only deduce a severe corneal abrasion. They gave me vicodin and eye antibiotics and sent me home with instructions to return for a follow up on Sunday.
g. I spent Saturday and Sunday with complete block-out eye patches covering both eyes. I had to have someone stay with me as I could not remove the eye patches due to extreme pain.
h. It was only when I went to Dr. Todd Briscoe who happened to be the eye doctor for several other victims that I began to get a more complete picture of what had happened to my eyes. In short, I was suffering from a severe dose of radiation caused by a broken metal halide light.
i. I have since seen Dr. Briscoe, doctors at the Casey Eye Institute, and corneal specialists and surgeons. They all agree that I am suffering on an on-going basis from (and these are listed in no particular order) severe dry-eye, blepharitis (inflammation and granulation of the eyelids caused by severe dry-eye), meibomran gland dysfunction (meaning the oil glands around my eye no longer produce the requisite oil that a healthy eye needs), corneal abrasions caused by eyelids opening and closing over inadequately moistened eyes, superficial punctuate keratopathy, recalcitrant bulbar conjunctival staining, and debilitating photophobia.
3. Current Medical Status
a. Medically, little to no improvement since the end of November, 2004. For more than two years I have lived in constant pain. I have endured procedures on my eyes that I would not wish on anyone, among these are staining with dyes which sting but expose all the cracks in my conjunctiva to examining doctors-upon close examination the whites of my eyes look like crumpled cellophane wrap. I have had numerous punctual plugs inserted in both my upper and lower tear ducts attempting to keep as much moisture as possible on my eyes. My eyes have been physically taped shut for hours at time in an attempt to minimize the rubbing of the lids across swollen eyeballs-this experience led to such traumatic nightmares that it was ceased after a short period of time. Also the bright, painful lights of frequent eye examinations.
b. Daily treatment involves a never ending cycle of drops in an attempt to keep the eye somewhat moist. Currently I take Restasis 4-6 times a day, Systane 6+ times a day, Refresh Endura on an as needed basis (several times a day) which can vary greatly depending on the outdoor weather and the indoor use of heaters and air conditioners, and Refresh Celuvisc which is the only type of drop thick enough to get me through the night. I typically apply these drops 2-3 times throughout the night depending on how much discomfort I am feeling while I sleep.
4. Day to Day Life
a. Pain– I live in constant pain. On the good days the pain is the slow burn reminiscent of peeling a great number of onions without a break. On many days I feel as though I have what I call “fire eyes” which are eyes that burn so much I’m convinced I can light something on fire with them. This pain is not caused by light, but by merely having my eyes open and using them. Reading so overstrains my eyes that I have not read a book for pleasure in over two years-and I come from a family where reading is our source of joy and where much of our connections to each other our forged. I have tearing pain that strikes with no warning which feels as though the surface of my eye is being gutted by a razor blade. When traveling down a road at night, oncoming headlights can cause a sensation not unlike a dull needle being slowly inserted into the very core of my eye-this is the effect of points of light traveling down my damaged optic nerve.
b. Light- I joke with my family and friends that I have become a “creature of the night”, but really it is not a joke. My classroom has the lights over my desk completely removed and half the light banks are not turned on. When no one else is in my room, I turn off all lights and work in the dark with only a small desk lamp that aims light down below my eye level. My home has dimmer switches on most major light sources and we’ve had to invest in all new lighting throughout the house---lighting that I can minimize by wearing hats or sunglasses in the house. When my husband and children are not at home, I rarely turn on any lights. Mall lights, lights in grocery stores, campfires, and candle lights are all things to be avoided unless I care to pay a heavy price later in the day (migraines are the most common penalty I pay for overdoing light). I do not go out without my sunglasses, even though wearing them often makes me feel nauseous.
c. Mental toll- The mental toll of this injury is unbelievably high. The fact that no one else on record has suffered injuries to this extent means that doctors do not really know how to treat it or what the future has in store for us. That means, on a day-to-day basis, I have to live with the fact that this pain might be permanent and that the life-altering changes I and my family and friends have had to make might also be permanent. I live in fear of skin cancer caused by the high dosage of radiation and premature cataracts. My love of the outdoors has had to be greatly curtailed. I can no longer spend hours in my garden so it fell into disarray…so much so I received a notice from the city giving me 30-days to clean it up. I’ve had to relandscape my garden at my own personal expense so that I can have a hope of maintaining it. I have had to curtail my hiking and all but given up canoeing and kayaking, two of my favorite activities. Oregon law (specifically SAIF and SOUR laws) have made it impossible for me to receive any financial renumeration for my injuries which means I live in constant fear of not being able to do my job well enough and, thus, earn a living. At the time of this accident I was a new hire in the Lake Oswego School District and I still am considered a temporary hire-therefore I lack job security. I am a teacher who cannot tolerate much light, who wears sunglasses to read computer screens, and who cannot read things typed on white paper or in books without a great deal of pain----not a sure hire in any district that I know of. The mental strain of trying to appear as normal as possible so as to be hired each new academic year has taken a toll on me emotionally and physically.
d. Family & friends – I feel for them because I know it is hard to see someone you care about in constant pain and yet you can do nothing to help. They live in the dark with me, dim light bulbs and restaurants for me, blow out candles that people set out for ambiance, and skip day trips that would be fun except for the light issue. They endure the stares that passersby give to someone wearing sunglasses in a movie theatre and inside the gym; they co-endure the occasional taunt an unthinking person makes about a person with no visible handicap yet who wears hats and sunglasses inside a mall, store, or outside on a rainy day.
Final thought: If the purpose of a light is to light an otherwise dark area for the benefit of people in that area, why would someone invent (and why would anyone buy or allow to exist) a light that slowly burns the eyes and skin of the people it is providing light for, while they, the victims, are completely unaware of what is happening?
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