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Can Exxon Deprive Me Of My Human Rights?

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Can Exxon Deprive Me Of My Human Rights?

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Old 2nd Jun 2004, 09:46
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Angry Can Exxon Deprive Me Of My Human Rights?

Here's a question for Flying Lawyer:

I'm in Nigeria and Exxon is trying to force my employer to make all its employees to take anti-malarial drugs. I don't believe in this as I think that all drugs are harmful if taken long-term. I prefer to take precautions against getting bitten by mosquitos and if I think I have malaria, visit the doctor for correct diagnosis then get treated. Anti-malarials don't stop you getting malaria, just lessen its effects and they can also make it more difficult to treat. Can Exxon force my company to force me to take a medicine which I don't believe in against my will? Isn't this an invasion of my human rights? Exxon have said that they will enforce a drug testing policy to make sure that people are taking anti-malarial drugs and that anyone not taking them will be fired. Should I allow myself to be a guinea pig for the drug companies? Surely nobody knows what harm long term taking of these drugs will cause people. If I get fired do I have a case to sue Exxon? They have already caused Bristow to fire all pilots in Nigeria over the age of 57, despite the fact that you can legally fly here well beyond that age.

Isn't it time somebody stood up to the bully-boy tactics of these oil companies who think they own people's lives just because they work on contract for them?
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Old 2nd Jun 2004, 10:13
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I wont answer your question Tokunbo, but when I worked in PNG, I took your path and chose the prevention method (diligently) and it worked. Good Luck.
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Old 2nd Jun 2004, 12:13
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Thumbs up I don't know International law, but...

Tokunbo, I believe an employer can make it a requisite for employment as part of their personnel protective measures. If you are an existing employee, I don't know the legality of simply changing your job description and requirements to work like that. Nevertheless, I'd like to clear up a few items about anti-malarials.

Anti-malarials do not lessen the affects of infection, they prevent them. They are VERY effective, if taken properly. If you skip a few pills, then you could still become infected (meaning you wasted your time with all the other ones you took before). Those that follow prophylaxis on and off probably won't get malaria as bad as those that don't take it at all, but if you take it diligently - then you prevent infection... period.

There are 4 species of Plasmodium parasites (commonly referred to as "Malaria") that are pathogenic to humans. There are actually many more kinds of malaria (avian, reptilian, etc), but only 4 will infect humans. One of those 4 species (Plasmodium Falciparum) is DEADLY to humans... usually within days. You may know this disease as "Black Water Fever."

Fortunately, the lethal form of malaria is quite treatable, if detected. Some of the other forms of malaria (Plasmodium Ovale, Plasmodiaum Vivax, Plasmodium Malariae) are more difficult to treat. Some of the Sporozoites (baby parasites) will find shelter in your liver and can remain dormant for up to 7 years! Suddenly, you will develop malaria after you've been out of the endemic area for years!

Once upon a time, I worked for the Walter Reed Army Institute of Research as a lab tech. We developed and tested anti-malarial drugs to prevent soldiers from becoming ill when deployed to endemic areas. This included human liver metabolite testing on new drugs to determine if they had a negative effect on the body, before going to the next phase in testing (experiments were conducted using sample tissue - never live people).

Also, I've conducted clinical trials on anti-malarials in Africa, as well. In fact, I caught malaria myself because I accidently skipped my pills for a whole weekend (okay - I went binge drinking & couldn't find my way home to get my drugs).

Anyway, the current drugs that are available work well. Normally, you have two main choices... Doxycycline or Mefloquine. Doxycycline is taken daily and Mefloquine (formal name is Lariam) is taken weekly. For those that take Mefloquine, there is a 1/1000 chance that you could develop altered mental states ranging from anxiety, paranoia and depression, to hallucinations and psychotic behavior. Actually, I think the chances are even less, but I can't remember anymore.

For this reason, I always chose to take Doxycyline (just in case). If you take these drugs for 20 years, they probably have an adverse affect on your liver. If you take these drugs for 2-3 years, it won't hurt you. Drinking alcohol will do more damage to your liver (trust me - I know first hand).

Legal issues aside, anti-malarias are good for you because malaria can KILL you or remain dormant inside your liver for years! It is better to take prophylaxis measures. Take Doxycycline over Mefloquine; neither will harm you, but Doxy is better (although you have to take it daily). Oh, Doxy will also help prevent / treat some gastro-intestinal infections (the squirts or Montezuma's Revenge).

All of this is from memory, so do some additional research yourself. I haven't worked in the medical field for over 10 years. Good luck.
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Old 2nd Jun 2004, 13:41
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Tokunbo

I agree with RDRickster final assessment but accept your point to a degree.

There are two factors at play here:
1. Is it legal what EXXon plan to do?
2. Is it sensible what you plan to - ie not take the tablets?


Part 1 - Don't know but suspect they can as they have a duty of care to you and your co-workers in a dangerous environment.

Part 2.

I have to agree about your hypothesis of keeping the mossies from biting.
A couple of studies in the eighties done in PNG showed that careful and diligent prevention of mosquito bites had the SAME statistical outcome as taking Fansidar (a prophylaxis that was in common use before Doxy or Mef. ) But it was a high maintanance task and prone to lapses, once lapses occur the statistics crash dramatically in favour of medications. Fansidar not long after that lost its effectiveness but at the time it was effective.

Sorry to shoot a hole in your argument but the antimalarials have a preventative effect not just lessening the effect. That is PROVIDED the local strain is sensitive to the drugs. If the local strain isn't effected, well you might as well be taking nothing - but that's not the same as you suggested. I would assume that if the company wants you to take the drug they have some evidence the local plasmodium is sensitive to them.
The TREATMENT is different drugs once the disease has struck. Primaquine for vivax, quinine sulphate for the others. The previous use of doxycycline makes no difference.

But to play devil's advocate. Say everyone else who worked there took the drugs and you got an exemption. Everyone else is free of it while they take the pills, no one gets malaria. In the meanwhile you become a carrier acting as a source for all the mossies to keep getting reinfected.

Eventually people get complacent about the drugs because no-one gets it anymore and then you as a conscientious objector are the source for new outbreaks. So in a way Exxon may have a greater social conscience than a consciencious objector.

Plenty of people take doxycycline for LONG periods without ill effects. In the eighties and nineties huge numbers of teenagers with severe acne lived on them for their puberty and early adult years. They have been used for malaria prophylaxis for decades. They are well past the guinea pig stage. In fact if you choose not to take them you are more the guinea pig because what you will be doing is a big experiment to see how good you are at not getting bitten.

But the reverse - it is common practice in PNG among ex-pats to not take antimalarials and just go for treatment when they get sick. Many/most get away without a fatal form but most of these patients I see from infective areas (when I see them for other things) admit to getting malaria.

But I see about a patient every six months evacuated out of PNG to Oz whose gamble didn't pay off.(collected several of them myself when I worked for an aeromedical retrieval company as the doc not the pilot)

So the answer to the second isn't that clear cut ...........but I know I'd take the drugs myself cos Malaria is a terrible disease to get and the prevention is infinitely less dangerous. Them's the facts. You have to pick your line of faith.
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Old 2nd Jun 2004, 14:18
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Aside from the medical aspects which have been covered very well above. There is the one thing you can do in the face of doing something against your wishes. You can find another company to work for.
Unfortunatly those of us on the lower end of the food chain work FOR those companies we dont OWN them. Working for, means subserviant to.
They have reasons for their actions probably based on monetary concerns. Like when you get Malaria and they have to pay for your medical and loss of work. Preventing this problem is called Fiscal Responsibility. A small investment to save a big expenditure.
You can probably find an Attorney sitting on the fence who will also take your money up front, stir some sh1t and leave you hanging.
If you want to work for the company, I would suggest some research on your own to see if you are making a wise choice. If you still have strong beliefs, maybe it is time to move on..
Good Luck. Keep flying........till your 57
Come to think of it. Im still flying and Im 61, pay is good too. What am I doing right.
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Old 2nd Jun 2004, 14:43
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Actually, the anti-malarials don't prevent you from catching malaria and many doctors in Africa and in the Institute for Tropical Diseases say that taking Malarone, in particular, makes it more difficult to treat if you catch it.
Larium is prohibited by most companies (including my own) for aircrew, because of the well documented side effects of mental disturbances in some people. Doxycycline causes light skinned people to get sunburnt more easily, thus increasing the chances of catching skin cancer in the tropics. It can also cause diarrhea (as well as preventing it, depending on the cause of the diarrhea) and may cause 'thrush' or 'jock itch'. Malarone causes hair loss, deterioration in eyesight, stomach upsets, mouth ulcers and bleeding gums. Neither the US CDC nor the UK MASTA advise taking them for more than 6 months.
Black Water fever is not another form of malaria - it's the name given to the stage of the disease where so many blood cells have been killed that when they are expelled from the body in the urine it's color changes to nearly black. Far more deadly is cerebral malaria, which is also not another form of malaria, it's just what happens when your barin becomes infected with malaria.
Working for a company doesn't mean that you are subservient to them, it just means you have a contract of employment with them. That surely can't mean that they can try to enforce a contract which is contrary to your human rights (that's one reason why it's possible to sue an employer for constructive dismissal).
Just my views maybe, but I just hate to see these big corporations acting the bully all the time. I bet a lot of companies, like mine do, too, but they are forced to comply by threats. The only thing I want to know, which is why I'm asking for Flying Lawyer's opinion, is if I can legally be forced to do something against my wishes which I (and a number of doctors) believe to be harmful to my health?
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Old 2nd Jun 2004, 14:47
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I did a total of five years in Nigeria. I never took the pills but was careful about exposure. I never had a case of malaria. The majority of my cohorts did the same. We had a mixed reaction. Those that were not as careful about exposure had various bouts with malaria. We actually had a couple of deaths over the years. The risk you take...as happened to one of our pilots...when taken hostage and held for three weeks in the bush...he was unable to avoid exposure and suffered a very bad case.

I would agree it is a gamble...results can be bad or good news...your choice. The local doctors are very professional in the handling of tropical diseases....they do so on a daily basis...go with their decision.
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Old 2nd Jun 2004, 15:00
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Tokunbo,
We have this happening in my company too at the moment. I used to take anti-malarials, stopped for many years and have just had to start taking them again. My company will be prevented from tendering for contracts here if they don't agree to put an anti-malaria drug programme in place, as they seem to have lost the argument they were fighting on behalf of their employees. I don't like it, but I need my company to keep winning contracts because I need the work. I tried Malarone and it made me feel sick and gave me mouth ulcers, so I'm presently trying Doxycycline. If, like me, you work an equal time rotation, you'll probably find you can have a few weeks every 3 months where you can give your body a rest from the anti-malarials.
Good luck with your efforts.
Soggy.
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Old 2nd Jun 2004, 15:26
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Thumbs up

Malarone is not as effective because of multiply-resistant strains of Malaria. Don't let the local folk-lore sway your opinion, too much. You've done some good research, but you need to check your sources for accuracy. Black Water Fever is also known as Tertiary Malaria, which is definately caused by Plasmodium Falciparum. The reason why your urnine is black (well, dark dark red) is because so many parasites are reproducing at an increase rates and your red cells are being destroyed. Malaria (common name for the condition caused by the 4 species I identified earlier) are intracellular parasites... they live inside your red blood cells. That makes it difficult to treat, depending upon the critter.

Plasmodium Falciparum litterally explodes (erupts) the membrane in your red blood cells during its course of reproduction (and faster than the other species). The intracellular contents of red blood cells are processed by the kidneys, and your urine changes to a dark color... hence the "Black Water Fever" label.

True, Doxy causes a sensitivity to light. Yes, you can burn a little more easily with Doxy than without. However, the benefits outweigh the risks. Skin cancer is the result of sunbathing / burning over and over again. Unless you go to the beach alot, you won't have to worry too much about that kind of carcinoma. Use a little sun screen, and you'll be fine.

Finally, many African citizens (native to their country) have a LIMITED resistance to Malaria. Still, they are usually infected... they just don't feel the affects as dramatically as non-indiginous folks. Even with a limited resistance, infants and children die from Malaria all the time in Africa. My point being, that many African doctors propogate incorrect and misleading information about the severity and importance of malarial infection. If you want good information, go to the World Health Organization website... that's about as independant as you can get.
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Old 2nd Jun 2004, 15:45
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I guess that the first step is to determine which jurisdiction that's applicable. Where is the company registered which you have a contract of employment with? If you're unable to take it to court outside of Nigeria I wouldn't hold my breath.
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Old 2nd Jun 2004, 19:40
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Tokunbo writes: "Working for a company doesn't mean that you are subservient to them, it just means you have a contract of employment with them. That surely can't mean that they can try to enforce a contract which is contrary to your human rights (that's one reason why it's possible to sue an employer for constructive dismissal).
Just my views maybe, but I just hate to see these big corporations acting the bully all the time."

Its called the Golden Rule. You have heard it before . "Those who have the Gold Rule" and yes you dont have to be subserviant, you just have to do what the contract calls for. As for this being a Human Rights issue, I think you will have difficulty making that one fly. Your choice to work there and if you dont like the conditions there are other places. I think thats the way it works unless you have a lobby group/Union who bargin things with a company.
Im pretty sure that as a Helicopter Pilot with a job in that part of the world that probably pays good; there is more than one person waiting to take your job in a heartbeat. Also that the company knows this and is betting if you feel strong enough you will go away.
In todays world personal convictions and choices sometimes cost you money. I wish you well.

Also looks like RDR is doing some serious homework on Malaria. Worth reading..
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Old 2nd Jun 2004, 22:26
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Thumbs up A few websites...

World Health Organization (WHO) website on malaria...
http://www.who.int/health_topics/malaria/en/

WHO website on African malaria...
http://www.afro.who.int/malaria/

(Wow - look at the population risks near Nigeria.)

Kenya Malarial Information Service...
http://www.kmis.org/

(These are the top minds in Malaria in Africa. The CDC and many other organizations have joint research and treatment operations with the Ministry of Health and the WHO.)

U.S. Military Mission in Kenya...
http://www.usamrukenya.org/

(By Congressional law, the U.S. military is charted with the responsibility to develop treatment and drugs for diseases that affect our troops and for the public good. In other words, big drug companies won't make a dime off malaria research because the third-world can't afford it. So, the military finds the cure and then GIVES THE PATENTS & INFORMATION TO THE PUBLIC... at no cost. This benefits the entire world, and we are the only military that does so.)

Epidemiology & Disease Surveillance Operation...
http://www.geis.ha.osd.mil

(I spent a little time in this outfit. Have you ever seen the movie "Outbreak?" We looked for the emergence of disease and the potential for outbreaks, which could cause instability and pose a threat to national security or endanger the public health.)
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