Patents. The research LaViolette had carried
out at Harvard on determining the pneumatic characteristics of
breathing apparatus components had given him the ability to mentally
simulate the pneumatic functioning of an entire breathing apparatus.
It was a small step for him to later have the intuitive
flash that led his improved dual bag rebreather system design.
Whereas the earlier Harvard-MIT computer simulation study
had not led to any design breakthroughs, LaViolette, working
on his own after he had left Harvard, had come up with a major
improvement. He built a working model and found that the
wearer's breathing resistance was dramatically reduced, excessive
breathing resistance being a major problem in such systems. Such
a system could be used for protecting fire fighters from hazardous
fumes, for survival in mine collapse accidents and mine rescue
operations, and for underwater diving. In 1973, he filed
a patent on his design: U.S.
No. 3,837,337 (1974), Canada
No. 976,833 (1975). His Chicago patent lawyer happened
to formerly be a member of the legal team that had patented the
atomic bomb during World War II. In 1977, U. S. Divers
Corporation secured a $750,000 grant from the U.S. Bureau of
Mines to test LaViolette's breathing bag design for use in an
underwater rebreather. After making sure that OSHA/NIOSH corrected the error in their records, LaViolette made a trip at his own expense from Oregon to OSHA's West Virginia Testing and Certification Laboratory in order to witness first hand a rerun of the breathing resistance certification test on the device. What he saw was appauling. Thinking that LaViolette would not catch on, the certification personnel conducted the test in such a way that allowed the faulty device to pass. This was the same unit that the Boston Fire Department had earlier pulled from service in their precinct when their own investigations revealed its dangers. They found that the leakage from that the rebreather was so high that it would supply air to their fire fighters for as little as 10% of its rated time, 5 minutes, as opposed to the rated 45 minutes. After LaViolette made sure that the OSHA testing personnel had corrected three serious errors in their measurement procedures, he had the officials rerun the test. This time the device clearly fail the test, its exhalation resistance soaring 40% over the legal level. LaViolette requested that OSHA require that the manufacturer issue an immediate warning to customers and request a recall of the faulty apparatus. OSHA refused, wishing instead to give the manufacturer a year or more to come up with a changed design, allowing continued industry use of the rebreather. LaViolette had published
a total of two articles on rebreather apparatus design in the
Fire Independent, mentioning the certification error in
his second article.[57, 58, 59] He had written a third article
covering the OSHA certification fiasco he had experienced in
West Virginia and this was due to be published in the same newspaper.
The article would have blown the lid over suspicious activities
by this U.S. government certification lab, exposed once and for
all the dangers of this miscertified unit, and called into question
the certification validity of other rebreathers being sold. But
before this issue could be published, Harvey Utech, the editor
and owner of the Fire Independent, received a threat from
the rebreather manufacturer that was so serious that he was compelled
to suddenly close his business and move to Canada. LaViolette
himself was also greeted with a threat from an OSHA government
lawyer, implying that if he knew what was best for himself he
should forget the whole thing, that he would not stand a chance
against government litigation. LaViolette even failed to
stir much interest from the labor union, other than to send a
mild letter to OSHA. He was not able to devote additional time
to the matter since he had begun his doctoral work. Besides
it seemed as if he was confronting a veritable brick wall. Although
years later, he often wondered when reading news stories reporting
that fire fighters had died of smoke inhalation or miners had
died of asphixiation in mine collapses, whether these lives could
have been saved if the breathing apparatuses they had been wearing
had been properly certified. |