CALIFORNIA GOVERNOR BROWN DIRECTS STATE AGENCIES TO REVISE FLAMMABILITY STANDARDS

I woke up yesterday morning to find this headline in the news.  I could not have been happier!!  The Governor of the state of California "directed state agencies to revise flammability standards for upholstered furniture sold in the state.  Technical Bulletin 117 for flammability standards—will be updated to reflect modern manufacturing methods that can lower the use of harmful chemicals."

Governor Brown went on to say, “Toxic flame retardants are found in everything from high chairs to couches and a growing body of evidence suggests that these chemicals harm human health and the environment,” said Governor Brown. “We must find better ways to meet fire safety standards by reducing and eliminating—wherever possible—dangerous chemicals.”

"Studies show that humans are at risk from exposure to toxic chemicals used as flame retardants in upholstered furniture. A 2008 study by the Environmental Working Group found that toddlers often have three times the level of flame retardant chemicals in their bodies as their parents, and California children have some of the highest levels of toxic flame retardants in their bodies. 


A peer-reviewed study by scientists at Cal/EPA found that California women have much higher levels of toxic flame retardants in their breast tissue than women in other states and countries. Researchers from the University of California, Berkeley found statistically significant associations between flame retardant levels in the blood of California women and reduced fertility. The researchers believe this link may result from alterations in thyroid hormone levels after exposure to the chemicals. 


Numerous studies demonstrate that firefighters have significantly elevated rates of cancer, including non-Hodgkin’s lymphoma and brain cancer. A study published in the Journal of Occupational and Environmental Medicine concluded that firefighters have a significantly elevated risk of cancer that may be attributed to toxic chemicals they inhale, including flame retardants."

It was just four days ago that I wrote about flame retardants and Technical Bulletin 117.  Since many manufacturers were following California's standards for flame retardants, I am happy that the state is doing something to decrease the amount of exposure we have to flame retardants.  Until we have newer standards, the Environmental Working Group has published tips on how to avoid flame retardants.

Like it or Not, Flame Retardants are Everywhere.

I am appalled at the amount of things which contain flame retardants.  It seems to be ubiquitous and almost unavoidable these days...  Many of the items around your home probably contain this label (even if you don't live in the state of California):

Label indicating this product meets "Technical Bulletin 117"

What is "Technical Bulletin 117?"  The California Bureau of Electronic Appliance Repair, Home Furnishings and Thermal Insulation "requires manufacturers to make upholstered furniture and bedding products sold in California flame-retardant. In the event of a residential fire, these products act as a significant fuel source and are difficult to extinguish once ignited. The Bureau measures flame retardance in accordance with flammability standards developed by the Bureau or the United States, Consumer Products Safety Commission (CPSC)."  Technical Bulletin 117 requires manufacturers of upholstered furniture and bedding products sold in California to meet "flammability standards."  They "do not prescribe the use of flame-retardant chemicals, manufacturing methods, or specific materials to meet the standards. The Bureau encourages the industry to use innovative solutions and products to achieve flame resistance without compromising the environment."  The bulletin basically requires that products are able to be exposed to an open flame for 12 seconds without igniting.  Since it is impossible to determine if a manufactured item will be sold in California, many manufacturers have adopted this standard to apply to all of their products regardless of where it will be ultimately sold.

While the bulletin does not "prescribe the use of flame retardant chemicals," many manufacturers have turned to brominated flame retardants (BFR).  One of the most common BFR in use are Polybrominated diphenyl ethers (PBDEs).  The Environmental Protection Agency (EPA) is "concerned that certain PBDE congeners are persistent, bioaccumulative, and toxic to both humans and the environment. The critical endpoint of concern for human health is neurobehavioral effects. Various PBDEs have also been studied for ecotoxicity in mammals, birds, fish, and invertebrates. In some cases, current levels of exposure for wildlife may be at or near adverse effect levels.  PBDEs are not chemically bound to plastics, foam, fabrics, or other products in which they are used, making them more likely to leach out of these products."

A study published in the journal Environmental Health Perspectives found that despite the widespread use of brominated flame retardants, "there is clearly a need for more systematic environmental and human monitoring to understand how and where these chemicals are being released into the environment, and what is happening to them once they enter the environment.  Our toxicology database is inadequate to truly understand the risk. Many of the studies that do exist involve the commercial mixtures, which do not represent human exposure. We need studies that focus on the congeners, and potentially their metabolites and/or breakdown products, present in people and wildlife in order to understand the risk from exposure to BFRs."

Despite the lack of studies, it is believed that BFRs may cause "thyroid hormone disruption, permanent learning and memory impairment, behavioral changes, hearing deficits, delayed puberty onset, decreased sperm count, fetal malformations and, possibly, cancer.  Many of the known health effects of PBDEs are thought to stem from their ability to disrupt the body's thyroid hormone balance, by depressing levels of the T3 and T4 hormones, which are important to normal metabolism."  

The Environmental Working Group (EWG) conducted a study on nursing mothers to determine the levels of brominated flame retardants in breastmilk.  The study found that "the average level of bromine-based fire retardants in the milk of 20 first-time mothers was 75 times the average found in recent European studies. Milk from two study participants contained the highest levels of fire retardants ever reported in the United States, and milk from several of the mothers in EWG's study had among the highest levels of these chemicals yet detected worldwide."  Despite these findings, it is still more important to breastfeed your baby than not.    

The problem with Technical Bulletin 117 is that manufacturers have taken things further by treating many things that are not an upholstered furniture item or bedding product with flame-retardant chemicals.  I have found them on my baby's pajamas and even his nursing pillow!

Label on my baby's pajamas indicating it is "flame resistant"  

I was even horrified to find that my "organic" baby mattress contained flame retardants!

I find it upsetting that I am constantly exposing myself and my children to chemicals that have not been proven to be safe and may be causing harm.  After learning more about flame retardants, I read labels on all of the products that I buy to make sure they do not have flame retardants on them.  Why would I want my children exposed to the unnecessary chemicals?  While it may lengthen the time for something to catch on fire, the smoke produced once it does burn is more toxic and can cause more harm than the fire itself since most fire-related fatalities are due to smoke inhalation.  It just makes no sense.  I wish we could have more options that are not treated with flame retardants.  

Maternity Leave in California

I started off doing research about maternity leave and what I can and cannot take as a new mother.  Unfortunately (or fortunately), I got a little off topic (as I oftentimes find myself) and wrote two other blog posts regarding maternity leave and breastfeeding and working mothers.  In the process of researching this topic, I learned a lot about what is available to me and found that little has changed since I last took maternity leave in 2010 after the birth of my first child.  Since I live in the state of California, I was able to take 19 weeks of maternity leave.  I took 1 week (it was supposed to be two but he came a week early) off before the baby was born and 18 weeks after he was born.

I'm lucky to live in California because it was recently voted the best state that supports working mothers by the National Partnership for Women and Families.  They were given this designation because of their job-protected leave provisions, flexible sick leave program, nursing-at-work rights and ability to allow pregnant workers to request a transfer to a less strenuous job if possible.

Despite that designation, I still find the options available to me very confusing.  I am not a lawyer and sometimes I feel like you have to be one to decipher what can be done.  I consulted the legal aid website and still find myself confused.  In one of my previous posts, I mentioned FMLA.  "FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to twelve workweeks of leave in a 12-month period."  This is a federal act.

California has other provisions that can be used by a mother on maternity leave.  The first is State Disability Insurance (SDI).  "The Disability Insurance program provides affordable, short-term benefits to eligible workers who suffer a loss of wages when they are unable to work due to a non work-related illness or injury, or due to pregnancy or childbirth."  Women who are pregnant may start receiving disability benefits in the state of California before delivery and for a specified length of time after delivery (depending if vaginal or cesarean delivery).  "The usual disability period for a NORMAL pregnancy is up to four weeks before the expected delivery date and up to six weeks after the actual delivery. However, your doctor may certify to a longer period if the delivery is by Cesarean section, if there are medical complications, or if you are unable to perform your regular or customary job duties."  "Disability Insurance (DI) benefits are not taxable except when considered to be a substitute for unemployment compensation when paid to an individual who is ineligible for unemployment insurance (UI) benefits solely because of the disability."  This program is funded through a mandatory payroll deduction.  "SDI deductions are not pre-taxed."  The contribution is taken out after federal, state and social security taxes are deducted.  An interesting thing to note is "the first seven days of your disability claim are a 'non payable' waiting period."  The state has a list of eligibility requirements listed on their website.  They also have instructions on how to file a claim.

California also offers the California Family Rights Act (CFRA) which is administered by the Department of Fair Employment and Housing.  This Act is similar to FMLA in that it has the same eligibility rules and allows 12-weeks of unpaid, job-protected leave.  This act was initiated so mothers could spend more time with their baby to "bond."  This is sometimes referred to as "baby bonding."  FMLA kicks in even if a mother suffers complications from her pregnancy and is required to take take time off BEFORE her pregnancy.  As a result of this, many mothers who suffered pregnancy complications did not have much time AFTER birth to spend with their baby.  CFRA kicks in AFTER State Disability (SDI) has been completed.  This runs concurrently with FMLA in the period AFTER delivery.  It does not give someone a total of 24 weeks of leave but it can extend FMLA once the FMLA leave has been exhausted.  The amount of extra leave depends on "how much time you take off before the baby is born, when the baby is born, and the type of delivery, you may get a few weeks less of job-protected leave."

Another leave that the state of California offers is Paid Family Leave (PFL).  It entitles eligible employees 6 paid weeks of benefits in a 12 month period.  Employees covered by the State Disability Insurance Program (SDI) are eligible for paid family leave.  This leave can be used by both the mother of the baby and the spouse or partner of the person who had the baby.  There is a 7-calendar day waiting period before benefits will be distributed.  However, there is no 7-day waiting period if you are "transitioning from a DI pregnancy claim into a PFL bonding claim."  "Claimants will automatically be sent a Claim for Paid Family Leave (PFL) Benefits when a pregnancy-related disability claim ends."  PFL does not offer job protection.  Job protection is given through FMLA or CFRA which must be taken concurrently with PFL.  "Paid Family Leave (PFL) benefits are taxable for federal purposes but not state tax purposes. The EDD will provide all claimants with a 1099G form and forward a copy of the 1099G to the federal IRS. The PFL benefits are not taxable or reportable to the California State Franchise Tax Board."  The following link contain instructions on how to file a claim.  There is also a great website with some Frequently Asked Questions (FAQ's) regarding PFL.

It is important to note that if you are receiving any wages from your employer such as "sick leave, bereavement pay, back pay, earnings (full or partial return to work)," then it must be reported when applying for SDI or PFL.

This table lists the expected benefit amounts while receiving Disability Insurance (DI ) or Paid Family Leave (PFL) benefits.  "The weekly benefit amount is calculated based on the calendar quarter with the highest earnings in the claimant’s base period. The base period covers 12 months and is divided into four consecutive quarters of three months each. The wages the claimant was paid approximately 5 to 18 months before the claim begins are included in the base period (they must be subject to the State Disability Insurance tax)."

This is all very confusing so I'll try my best to summarize the information presented above.
State Disability Insurance (SDI) - Eligible for benefits beginning 4 weeks before expected due date and continuing for 6-8 weeks (depending on delivery) after the baby is born.  There is a 1 week "waiting period."
Paid Family Leave (PFL) - Eligible for 6 weeks of benefits.  No "waiting period" if taken after SDI.
FMLA - 12 weeks of job-protected leave
California Family Rights Act (CFRA) - 12 weeks of job-protected leave (may run concurrently with FMLA) but starts after SDI ends.
Total leave if vaginal delivery:  4+6+6+6=4 before + 18 weeks after = 22 weeks (15 total weeks paid*)
Total leave if csection delivery: 4+8+6+6=4 before + 20 weeks after (17 total weeks paid*)
*Total weeks paid takes into consideration the 1 week waiting period.

The legal aid society has a great fact-sheet on your legal rights regarding paid leave.  The state also tried putting together a table comparing FMLA and CFRA.  However, I found the table confusing and found the following graphic to be better in summarizing the leave scenarios.  I tried linking the actual picture but it is copyrighted so you'll have to click on the graphic link above.