DINA PADILLA, INJURED WORKER ADVOCATE FIGHTS FOR THE RIGHTS OF INJURED AGRAQUEST BIOTECH WORKER, DAVID BELL:
•DINA PADILLA TESTIFIES AT THE SEPTEMBER 9, 2009 CALIFORNIA DEPARTMENT OF INSURANCE-WORKERS' COMPENSATION FRAUD COMMISSION
TRANSCRIPTION; PART ONE TRANSCRIPTION; PART TWO
•DINA PADILLA INTERVIEWED BY STEVE ZELTZER ON SEPTEMBER 9, 2009 AT THE CALIFORNIA DEPARTMENT OF INSURANCE & ANNOUNCES HER RUN FOR CALIFORNIA INSURANCE COMMISSIONER.
DOCUMENTARY ON THE CASE OF DAVIS AGRAQUEST BIOTECH WORKER DAVID BELL ON DAVIS COMMUNITY CHANNEL 15 by Davis Media Access Television
For other articles, video's, and audio's that concern not only David Bell and Agraquest, but in no way are less important include;
•1) Article from Dr. Larry Rose, retired Public Safety Medical Doctor with Cal/OSHA for 28 years and who was the last doctor at Cal/OSHA, Dr. Rose is very critical of California's Occupational Safety and Health Administration because when he left California chose to not replace him. Therefore, Cal/OSHA only has Industial Hygienists and Complicance Officers for inspections of Hospitals, Medical Centers/Clinics, and Biological Laboratories to name a few. As Dr. Rose says, "They don't know what they're looking for".
There are over 17 million worker's in the state of California without a Medical Doctor on board.
•2) There are video's which include ex-presidential candidate, Raplh Nader and his Vice Presidential running mate, Matt Gonzalez who give their support for injured workers everywhere.
•3) There are several articles concerning the safety and health to the residents of Davis, California where David got so sick.
•4) There is an audio of David Bell in which he was interviewed live on air in Davis, California.
To see the list of articles, videos, audios and blogs (with links) please click "read more" below.
INJURED AGRAQUEST BIOTECH WORKER DAVID BELL TELLS HIS STORY article & video by Labor Video Project VIEW→ HERE
THE CRIMINAL COVER-UP OF PAM MARRONE's AGRAQUEST OPERATION by Sandi Trend, Mother of David Bell - NOTE: The Introduction was not written by Sandi Trend VIEW→ HERE Includes: "FALSE & MISLEADING INFORMATION IN CAL AGGIE ARTICLE CONCERNING DAVID BELL and AGRAQUEST" by Sandi Trend "comments" "LIST OF FUNGUS & BACTERIA RELATING TO DAVID'S EMPLOYEMNT AT AGRAQUEST" "LIST OF HUMAN HEALTH EFFECTS FROM THESE PATHOGENS INCLUDING medical peer reviewed references"
TOXIC DUMP SITES AND AGRAQUEST's PAM MARRONE CASE MAY GET LIGHT IN DAVIS, CALIFORNIA HEARING by David Greenwald VIEW→ HERE
includes: The decision on 1/9/2009 from the UNITED STATES COURT OF APPEALS "BIOLOGICAL PESTICIDES "DO FALL" UNDER THE CLEAN WATER ACT AND ARE CONSIDERED POLUTANTS"TO VIEW CLICK "The Nat'l Cotton Council of Am. v Envtl. Prot. Agency" Below ↓
| Court: | U.S. 6th Circuit Court of Appeals |
| Topic: | Administrative Law, Agriculture, Environmental Law, Government Law, Water Law |
| Title: | The Nat'l Cotton Council of Am. v. Envtl. Prot. Agency |
| Date: | 01/07/09 |
| Case Number: | 06-4630 |
| Summary: | In a suit against the EPA by environmental and industry interest groups challenging the EPA's Final Rule concluding that pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) are exempt from the Clean Water Act's National Pollutant Discharge Elimination System (NPDES) permitting requirements, the Final Rule is vacated where the text of the Clean Water Act bars the Final Rule by subjecting dischargers of pesticide pollutants to the NPDES. |
MAN BECOMES INFECTED WHILE WORKING AT BIOTECH, AGRAQUEST by WatchDog on Science VIEW→ HERE
SCREENING OF "THE WORLD ACCORDING TO MONSANTO" AT UC DAVIS by Ryan Snow VIEW→ HERE
11/18 SF PRESS CONFERENCE WITH INJURED WORKER DAVID BELL AND OTHER INJURED WORKERS by California Coalition For Workers Memorial Day VIEW→ HERE
THE FUNGUS AND BACTERIA OF DEREGULATION AND BIOTECH WORKER DAVID BELL by Steve Zeltzer VIEW→ HERE
WORKERS COMP, THE DESTRUCTION OF CA-OSHA/EPA AND THE CASE OF DAVID BELL Labor On The Job VIDEO by Labor Video Project in San Francisco, California. Host: Steve Zeltzer Interviewed: Dan Berman, Author of Death on The Job - Dr. Larry Rose, retired Public Safety Medical Doctor with Cal/OSHA for 28 years) - Sandi Trend, Mother of Injured Agraquest Microbiologist, David Bell VIEW→ HERE
INJURED WORKERS GET SUPPORT FROM RALPH NADER At 8/1/2008 CCWMD PRES CONVERENCE video VIEW→ HERE
INJURED WORKERS GET SUPPORT FROM MATT GONZALES At 8/1/2008 CCWMD PRESS CONFERENCE video VIEW→ HERE
NADAR @ SAC. PRESS CONFERENCE AND HARING ON THE COLLAPSE OF PROTECTION FOR INJURED WORKERS by Hawthorn Suites, Sutter Room 321 Bercut Drive Sacramento, California - Sponsored by California Coalition For Workers Memorial Day VIEW→ HERE
CAL OSHA: GOING DOWN THE TUBES? by Larry Rose, M.D., former Cal/OSHA Public Health Medical Officer (28 years) VIEW→ HERE
BLOOD, PHLEGM and TEARS by Seth Sandronski, Sacramento News & Review VIEW→ HERE
DID DAVIS BIOTECH FIRM EXPOSE DAVIS TO POTENTIALLY DANGEROUS PATHOGENS? by Doug Paul Davis -People's Vanguard of Davis VIEW→ HERE
KDRT 95.7 PODCAST - OCTOBER 22, 2008 Interviewer: David Greenwald, Guests: David Bell, Doug Haney & Sandi Trend (Mother of Injured Worker, David Bell) VIEW→ HERE
THE VANGUARD'S ARTICLE ON AGRAQUEST PROVOKES STRONG RESPONSE FROM BOTH COUNTY HEALTH DIRECTOR AND BUILDING OWNER by Doug Paul Davis, People's Vanguard of Davis VIEW→ HERE
PAM MARRONE & AGRAQUEST YOU WILL NOT GET AWAY WITH YOUR ENVIRONMENTL/HEALTHCARE CRIMES by Sandi Trend, Mother of David Bell VIEW→ HERE
ALL DOCTORS ELIMINATED AT CA-OSHA: LA IMC by VIEW→ HERE
DID CONGRESSMAN LUNGREN IGNORE POTENTIAL NATIONAL SECURITY THREAT? by Doug Paul Davis, People's Vanguard of Davis & California Progress Report VIEW→ HERE
LOCAL BIOTECH EMPLOYEE SAYS HEALTH AFFECTED BY WORK - LOCAL OFFICIALS SAY NO THREAT TO PUBLIC by California Aggie - University of California Davis (UCD) VIEW→ HERE
CALIFORNIA AGGIE COVERS ISSUE OF AGRAQUEST; YOLO COUNTY DISCOUNTS HEALTH CONCERNS by Doug Paul Davis, People's Vanguard of Davis VIEW→ HERE
6/17 PROTEST TO STOP FRAUD BY CA INSURANCE COMMISSION POIZNER'S FRAUD ASSESSMENT COMMISSION by California Coalition for Workers Memorial Day VIEW→ HERE
WORKERS MEMORIAL 2008 SPEAKOUT AT DAVIS, CALIFORNIA ON APRIL 26, 2008 by California Coalition for Workers Memorial Day VIEW→ HERE
4/27 WORKERS MEMORIAL DAY RALLY AND SPEAK-OUT IN DAVIS, CALIFORNIA - FOCUS ON BIOTECHNOLOGY INDUSTRY by California Coalition for Workers Memorial Day VIEW→ HERE
APRIL 27 WORKERS MEMORIAL MEETING/SPEAKOUT - STOP TERRORIZING WORKERS Initialed By California Coalition for Workers Memorial Day CCWMD, Endorsed By San Francisco Labor Council VIEW→ HERE
WORKERS MEMORIAL DAY, HEALTHCARE, LABOR AND THE CASE OF AGRAQUEST WORKER DAVID BELL by Labor Video Project VIEW→ HERE
BIOTECHNOLOGY - AGRAQUEST, PAM MARRONE, MARRONE ORGANIC INNOVATIONS AND WORKERS COMP by Kaiserpapers.org VIEW→ HERE
INJURED WORKER ADVOCATES CONFRONT SAC AREA CONGRESSMAN DAN LUNDGREN OVER COST SHIFTING/ H&S (HEALTH and SAFETY) by California Coalition for Workers Memorial Day VIEW→ HERE
FALSE AND MISLEADING INFORMATION IN The October 30, 2008 CAL AGGIE ARTICLE:
AGRAQUEST (AQ):
“.....the Bacillus subtilis strain is the only active ingredient in AgraQuest's product Serenade, a project Bell was working on. "It has been tested in accordance with EPA and EU guidelines for microbial pesticides and poses no significant risk to handlers or the environment used according to label instructions,"
•What was not disclosed in the written statement from AQ is that David was not only exposed to AQ’s product Serenade, Bacillus Subtilis Strain QST 713, but numerous strains of bacteria and fungi., specifically bacillus subtilis strain - AQ 153, which was also being tested at AQ.
•Serenade’s active ingredient is the bacterium, Bacillus subtilis strain, QST 713 (formerly QRD 713), which was discovered by AQ scientist, Sherry Heins in a peach orchard in Fresno, California.
•All of the AQ products on the market which contain Bacillus subtilis ARE the strain QST 713.
•The Bacillus subtilis strain AQ 153 was discovered by George Vandemark (not with AQ) and was deposited with the American Type Culture Collection as ATCC 55614 by Agritope in Oregon.
•Bacillus subtilis AQ 153 is a different strain of bacillus subtilis than the strain of Bacillus Subtilis used by AQ in their Serenade product, (QST 713).
•The application that Agraquest founder and CEO, Pam Marrone filed with the United States Patent Office for the registration of United States Patent 6,004,774 on 11/25/1998 (listing the four AQ scientists as inventors) lists Bacillus Subtilis strain AQ153 [ATCC 55614] (ACTIVE INGREDIENT) is the only bacillus subtilis strain listed. This is the same patent which says, "to treat human fungal diseases", "disseminated disease" and "for example, Aspergillus sp, Histoplasma sp, and Tinea sp."
•[Further, only 4 days after David first sought emergency medical care all four scientists from AQ started signing over their interest rights to U.S. Patent 6,004,774.]
AGRAQUEST (AQ):
“...the EPA, which regulates all products sold for pest management purposes, investigated the report”
•The EPA merely had Daniel Sudakin talk to David Bell. Sudakin said, “There is nothing I can do”. EPA advice then was to contact the CDC and OSHA.
•The EPA failed to remember it’s 2000 Conditional Time-Limited Registration given to AQ instead of a full registration, as is stated on the form sent to Agraquest:
•The submitted manufacturing processed did not have sufficient quality control fermentation batches
•Data for the 12 month storage stability of the end-use product has not been submitted.
•Additional data described in the December 12, 1999 review and March 8 2000 letter are required to upgrade submitted process, MRID# 44519-04 to acceptable. This includes:
•1) A formal submission that clearly describes new quality control steps taken to assure the consistent CFU/g values and limit microbial impurities in the Technical Powder.
•2) A 5 batch analysis of Technical Powder produced from cell cultures with latest QC.
•3) Raw data for the above mentioned 5 batch analyses.
Ecological Effects Data Required
•A 21 day Freshwater Aquatic Invertebrate Study must be performed. Attenuated and filter sterilized controls should be used in the test. Test lab should attempt to determine cause of death and whether pathogenicity involved.
•[Shrimp] Required due to report of disease in terrestrial amphipod crustacean associated with B. subtilis infection. Protocol must be submitted before initiating study.
•QST Technical was shown to cause mortality to parasitic Hymenoptera. MRID 44619-14 is graded supplemental. Potential pathogenicity was not investigated.
•[HONEY BEE] All test concentrations showed treatment related mortality. MRID 4456519-17 is supplemental due to the short test duration and the lack of a determination as to whether mortality was due to toxicity only or whether pathogenicity contributed.
AGRAQUEST (AQ):
“In March, the EPA issued a document that said Histoplasmosis in an infection due to Histoplasma, a fungal species not related to Bacillus Subtilis.”
“The CDC further reports that Histoplasma is endemic in certain areas of the U.S. and is commonly found “in poultry house litter, caves, areas harboring bats and in bird roosts” Positive histoplasmosis skin tests occur in as many as 80 percent of people living where Histoplasma is common.”
MISLEADING:
•Agraquest does not disclose Histoplasma is not endemic to Davis California nor where David Bell lived.
•Agraquest does not disclose the company searches the world for microorganisms in soil and bird feathers
•Agraquest did not disclose their involvement with the bacillus subtilis AQ 153 [ATCC 55614] and was tested on Histoplasma [found in David Bell] (reference U.S. Patent 6,004,774)
AGRAQUEST (AQ):
“A judge found that Bell’s claim of injury was unfounded, a decision that was supported by a later appeals board.”
•The Worker’s Compensation Court and Appeals Board choose to accept the testimony of a founding scientists of AQ that had a financial interest in AQ as being “credible” and not David Bell’s Qualified Medical Examiners findings and report that DID SAY David Bell’s injury was valid.
•Numerous legal and civil rights of David Bell were violated by the California Workers’ Compensation System.
JEFF PINNOW (SUPERVISING HAZARDOUS MATERIAL SPECIALIST FOR YOLO COUNTY ENVIRONMENTAL HEALTH):
“The complaints [regarding Agraquest and work related exposure] did not come into Yolo County until 2007"
•The statement from Jeff Pinnow, "did not come into Yolo County until 2007" is completely false and misleading. Yolo County became aware of David Bell’s occupational exposure in 2004 when the National Institute of Occupational Safety and Health sent a letter (on or around 6/30/2004) to Cal/OSHA and well as to The Yolo County Health Department [concerning David Bell’s exposure to Histoplasma at Agraquest].
•As is evidenced by the 8/2/2004 response letter from Bette G. Hinton, Officer/Director of the Yolo County Health Department clearly shows Yolo County was 100% aware of David’s work related exposure in 2004 and not 2007 as Jeff Pinnow claimed.
•Over a month had passed before Bette G. Hinton addressed the issues brought before her. Ms. Hinton said in an 8/2/2004 response letter that the 2nd AQ location at 1530 Drew Avenue in Davis, Ca had been inspected by Cal/OSHA and stated, "with findings that do not suggest "ongoing exposure" [EMPHASIS ADDED] to Histoplasma organism".
•Ms. Hinton was immediately notified that where David had gotten sick was at the 1st AQ location at 1105 Kennedy Place in Davis, Ca. and not the Drew Avenue location where Cal/OSHA inspected. There was never a reply from Ms. Hinton.
[To date there has never been an inspection of the 1105 Kennedy Place building nor the grounds surrounding the building [where AQ "dumped" liquid substances down the so-called "drain", that was merely a hollowing out in the concrete that led directly onto the ground] per requests from several of the City of Davis residents.]
JEFF PINNOW (SUPERVISING HAZARDOUS MATERIAL SPECIALIST FOR YOLO COUNTY ENVIRONMENTAL HEALTH):
"David Bell's mother, Sandi Trend, took it to the Yolo County District Attorneys Office and was mainly approaching it from the standpoint of worker's compensation issues".
FALSE AND MISLEADING"
•Ms. Trend presented Detective Stroski of the Yolo County District Attorney's office the facts per Detective Stroski's request.
•Detective Stroski was advised and given written documentation of Several mandated Federal and state laws that were violated by AQ concerning; adverse health effects (must be reported with respect to pesticides, insecticides, fungicides ect) per:
•California Department of Pesticide Regulations:
•Federal Fungicide and Rodenticide Act (FIFRA)
•1998 PESTICIDE REGISTRATION NOTICE 98-3; NOTICE TO MANUFACTURERS, FORMULATORS, PRODUCERS, DISTRIBUTORS AND REGISTRANTS OF PESTICIDE PRODUCTS"
•Detective Stroski was also advised and give written documentation on, but not limited to the following State of California codes:
* None reporting of work related injury/illness per Federal and state of California Occupational Safety and Health laws:
* California Code of Regulations: Title 8 Section 342; "Immediate reporting of any serious injury, illness, or death of an employee at the workplace"
* None compliance of numerous requests for Right-To-Know of Hazards in the Workplace
* Insurance Code Section 11760], Labor Code 5401 Reg 101119; "Claim Form provided to employee within one day of knowledge of injury"
* Labor Code 3602; "Liability exists for any injury sustained by an employee “arising out of and in the course of employment”
* Labor Code 4600; "Medical Treatment; employee is entitled to treatment that is “reasonably required to cure or relieve from the effects of the injury”
* Labor Code 4650; "Injury Causes Temporary Disability-Payment to Begin"
•Detective Stroski, after reviewing the material Ms. Trend had given him concerning Agraquest and the compelling evidence to her son, David’s sudden and ongoing declining health as the result of working for the company, had contacted the California Department of Insurance who then contacted the Sacramento County District Attorneys Office. No action was taken by any of the three agencies in relation to upholding Federal and state laws violated by AQ. In fact, when Detective Stroski was approached months later at the California Department of Insurance, and questioned, "why the Yolo County District Attorneys Office was not prosecuting AQ" he was told, "we don't have the funding"
JEFF PINNOW (SUPERVISING HAZARDOUS MATERIAL SPECIALIST FOR YOLO COUNTY ENVIRONMENTAL HEALTH):
"Yolo County Environmental Health inspections found two minor violations in 2003 and 2006"
“We do regulate the current facility on Drew Avenue for hazardous waste," Pinnow said, "I took a report of previous inspections. they basically had a couple of violations in the hazardous waste program - nothing that I haven't seen at least at a couple other facilities."
"The violations included an instance of not labeling hazardous waste containers and failing to submit a waste disposal form (though the form was on file at the office). Other than that Agraquest has followed safety standards"
PARTIALLY MISLEADING:
•FAILURE TO DISCLOSE AQ’S LIST OF HAZARDOUS WASTE REMOVED FROM AQ
NOT INCLUDED IN PINNOW's DISCLOSURE OF AQ’s VIOLATIONS:
•AQ's 1530 Drew Avenue location was inspected and AQ was cited and fined by Cal/OSHA for "several illegal fume-hoods" (however, under oath Denise Manker of AQ said there was only one fume hood.)
