Testimony of Attorney Milne Re: MA House Bill 4766

[Guest guest]

,

I strongly support House Bill 4766 and urge you to send it to the full house

for passage.

In the past four and 1/2 years I have represented pro bono hundreds of state

workers at the probate and family court in Dedham and now the J.

Sullivan courthouse in Cambridge. The case in Dedham went to trial with a

finding by the trial Judge of a " Sick Building. "

I had hoped to attend your hearing on Monday, but I have literally been

around clock the last week trying to protect those who work in the Cambridge

courthouse. I sat the SJC on Friday waiting for a decision until 6:30p.m.

trying

to get access to information about work that may disturb asbestos in the

courthouse. The hearing continued on Monday thus I was unable to attend and

support you important bill.

The problem of sick buildings is real and not imagined. In the parlance of

the law it passes Daubert and Lanigan. Conditions like asthma and pneumonia

have potential life long affects. The psychological affect on an employee who

to work in an unhealthy environment cannot be underestimated.

I have represented hundreds of state employees who work in these conditions.

I will never forget the day I met Gerry M. in the basement to the old

location of the Norfolk Probate and Family Court in Dedham. I walked up to him

and

introduced myself. He was very direct " I have worked my whole life

so I can retire and enjoy my grandchildren and I retire in three years I just

want to live. " As I type this words tears well up in my eyes. The typical

state worker is a dedicated long time public servant. Their life revolves

around family. They care deeply about their work. There only crime is they

show up every day and then dare they complain about conditions or worse yet

organize and seek to protect their coworkers they are " trouble makers. " The

acceptance of such intolerable conditions has become an ingrained part of the

psychic to survive.

This example is typical. In Cambridge Mark T. worked through installation

of sprinklers in the 1980's and there is well-documented disturbance of

asbestos with no operation and maintenance plan (asbestos safety measures) in

place. Mark has been a real hero and driving force in our current struggle.

The

literature is clear that asbestos burden is cumulative over your live. Mark

now says he has " zero tolerance " and he wants to live. He is one of the

hardest working most decent guys you want to meet. At night he has a second

job

at Sears.

There no provision for these workers to get access to information and the

laws are not that good for them to seek protection from a court.

I would be glad to meet with you or your staff and share with you some of

the evidence I have from these cases if it would help.

I have about a 22 minute video of about a dozen workers talking about the

effects of working in a sick building on them that was submitted to the MBA

Fenton Committee dealing with the Middlesex Courthouse. I also attach the

decision in the Norfolk case and emergency complaint and affidavits file in

Middlesex last Friday and yesterday's decision of SJC Justice Greaney.

This decision allows our case to continue in the Superior Court, for the

moment, at least as more motions to throw the case of these state employees out

of court, not on the merits, are planned today I am told. Thus preparation

continues . . . I apologize for the informal and unstructured nature of this

communication. I await transfer of our case in Middlesex back to a superior

court judge so we may go in and seek to prove a right to basic and minimal

access to information.

Please move towards passage by the full House Bill 4766. Thank you for your

dedication to important health care issues.

Respectfully,

A. Milne

Milne Law Offices