State inspectors have launched a criminal investigation into UCLA laboratory safety violations that may have contributed to the death of Sheharbano Sangji, a UCLA researcher.
Sangji died on January 16, 18 days after she sustained second- and third-degree burns to over 43 percent of her body when a volatile chemical compound she was working with spilled on her and ignited.
A civil investigation conducted earlier this year by the California Division of Occupational Safety and Health found that Sangji was not wearing a laboratory coat when the accident occurred.
UCLA was cited for neglecting to provide its researchers with sufficient training and proper equipment and was fined $31,875.
Now state inspectors are investigating whether any willful violations of laboratory safety code were committed that could result in criminal charges being brought against the university, said Cal/OSHA Chief Len Welsh, who will personally oversee the investigation.
Welsh said charges of willful violation might be brought even if UCLA is not found to have acted in an intentionally illegal manner. According to Section 7 of the California Penal Code, “a purpose or willingness to commit the act … does not require any intent to violate law, or to injure another.”
Kevin Reed, the UCLA vice chancellor for legal affairs, said he does not believe any criminal charges will be brought against the university, willful or otherwise.
“We continue to believe that this was a tragic accident involving no willful negligence or criminal misconduct,” Reed said in a statement Tuesday.
Reed said UCLA was not surprised to learn Cal/OSHA had launched a criminal investigation.
The agency, he said, normally conducts such investigations when there are workplace safety accidents that have resulted in death.
Welsh said he disagrees with Reed’s assertion, and added that while Cal/OSHA is required to complete a preliminary evaluation after a serious workplace accident, a full criminal investigation is conducted less than 50 percent of the time and is only done when there is cause to believe criminal charges might result.
On June 26, UCLA announced that it would drop its appeal to Cal/OSHA over the findings of the civil investigation, which were released in May.
The appeal had stated that many of the safety failures documented in Cal/OSHA’s civil investigation were corrected prior to Sangji’s accident but were not properly documented at the time, according to a university statement.
Reed said the decision to drop the appeal was unrelated to and independent of Cal/OSHA’s announcement on Monday that it would conduct a criminal investigation. Rather, the appeal was dropped because it was detracting from the university’s goal to strengthen laboratory safety standards, Reed said.
“We want to focus on the future, and we want to learn from this accident to ensure it is not repeated,” he said.
Since Sangji’s death, Chancellor Gene Block has convened a campus-wide committee to review laboratory safety at UCLA and suggest improvements to safety standards, Reed said. Flame-resistant laboratory coats have been purchased, and the university has updated its standard operating procedures for working with dangerous chemical compounds, according to a university statement.
“I am confident our labs are now in full compliance with state law,” Reed said.
Welsh said the district attorney’s office has reviewed the changes UCLA has made to its laboratory safety program and is satisfied with the university’s current policies.
The criminal investigation, however, is unaffected by changes made to UCLA laboratory safety protocol since the civil report was released or by penalties that have been administered by civil investigators, Welsh said.
“Evidence found in the civil investigation is considered, but when we look for criminal activity there is a separate investigation looked into by different people,” he added.
Agents conducting the criminal investigation will submit their findings to the L.A. district attorney, who will then decide whether to prosecute UCLA, he said.