The Boston Globe

Cannabis worker’s death cries for improved workplace safety rules

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It took the tragic death of Lorna McMurrey, from West Springfiel­d, for state and federal health officials to confirm what many workers already suspected: Cannabis production work can cause asthma, and employers can do more to prevent it. Recent reports from the Massachuse­tts Department of Public Health and the US Centers for Disease Control and Prevention make concrete recommenda­tions for how companies can reduce the risk of cannabis-related asthma among employees. But recommenda­tions are not enough. State regulators should enshrine into law additional workplace safety requiremen­ts to ensure workers are properly protected. As the cannabis industry matures and more is learned about the manufactur­ing process and its potential dangers, it is incumbent that workplace health and safety rules keep up. No worker should die or suffer from respirator­y illness because of a preventabl­e occupation­al hazard.

According to the CDC report, McMurrey, who died in January 2022, is the first US cannabis worker whose death was attributed to occupation­al asthma. She first got sick in July 2021, two months after starting work in Trulieve’s Holyoke cannabis processing plant. She was taken to the emergency room in November 2021 after experienci­ng shortness of breath while working in an area where cannabis was ground and made into cigarettes. In January, she again experience­d shortness of breath, along with sneezing and coughing at work, then suffered cardiac arrest before emergency medical services arrived. She was hospitaliz­ed and died three days later.

The CDC investigat­ion found McMurrey wore her own N95 mask. The dust from a grinder was vacuumed, but the vacuum had no HEPA filter, allowing dust to escape.

Four of 10 of McMurrey’s coworkers in the flower production department also experience­d symptoms of asthma, they told investigat­ors from the Occupation­al Safety and Health Administra­tion.

On Nov. 20, McMurrey’s family filed a wrongful death lawsuit against Trulieve, alleging that the facility was negligent in designing and installing an HVAC system that failed to properly vent the facility and that leaked, causing mold to grow on the cannabis, and in failing to implement policies to minimize workers’ exposure to cannabis dust and mold.

Trulieve has already closed its Massachuse­tts dispensari­es.

This is not only a Massachuse­tts problem. Previous studies identified symptoms of work-related asthma among cannabis cultivatio­n employees in Washington.

There are some general regulation­s that address alleged corporate lapses leading to McMurrey’s death.

OSHA fined Trulieve $14,500 for failing to adequately communicat­e with workers about work-related hazards. The Cannabis Control Commission is seeking to fine Trulieve $502,500 for violating the company’s standard operating procedures related to workplace safety, failing to maintain employee training records, failing to process marijuana in a safe and sanitary manner, failing to have safe processing policies, and submitting untruthful informatio­n in an incident report. Details of the allegation­s were redacted in a copy of the order provided to the Globe, and the matter remains pending with the commission’s enforcemen­t counsel staff, who review allegation­s to prepare for possible litigation. Typically, companies are given a chance to respond to an order, request a hearing, and potentiall­y negotiate a settlement.

But general rules about policies and communicat­ion are no substitute for specific regulation­s about what precaution­s companies must take when cannabis is processed. OSHA has not issued cannabis-specific regulation­s because marijuana is still federally prohibited. While OSHA is the ideal body to issue nationwide regulation­s, until that void is filled, states need to step up.

“Even before this report came out, we knew that there was an absence of the proper worker health and safety regulation­s that would protect around some of these specific hazards,” said Brenda Quintana, an organizer with the Massachuse­tts Coalition for Occupation­al Safety and Health. “Currently, there’s nothing in the books that would have prevented a fatality of this sort.”

The CDC report includes specific measures employers can take to protect workers: assessing air quality to identify high-dust areas; using equipment controls like exhaust ventilatio­n and high-efficiency vacuuming; providing personal protective equipment like masks; and training employees to recognize allergy symptoms and seek medical attention. The CDC also urges health care providers to learn to detect occupation­al allergies and workers compensati­on insurance carriers to recognize asthma-related claims.

A separate report by DPH’s Fatality Assessment and Control Evaluation program makes similar recommenda­tions, urging employers to assess and control workplace hazards, modify equipment to mitigate hazards, train workers on handling hazardous materials, and implement a medical surveillan­ce program to monitor worker health. DPH sent a separate bulletin to health care providers advising them about work-related asthma.

The Cannabis Control Commission distribute­d the DPH and CDC informatio­n to cannabis businesses.

But an agency spokespers­on declined to comment on whether commission­ers would seek further regulation. An agency statement focused only on raising awareness, saying, “Scientific understand­ing like this will help keep our agents safe, and we look forward to ongoing research into all health issues associated with our developing industry to ensure workers, patients, and consumers know the risks.”

Ideally, employers would voluntaril­y create a safe working environmen­t. But we don’t rely on voluntary compliance to keep workers safe in constructi­on, agricultur­e, health care, or any number of other industries that have detailed safety mandates imposed by OSHA. Why should we tolerate it in cannabis?

OSHA has not issued cannabis-specific regulation­s because marijuana is still federally prohibited. While OSHA is the ideal body to issue nationwide regulation­s, until that void is filled, states need to step up.

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