Why NLC-­‐RISC Members Should Be Concerned About Wireless RF Radiation Our nation’s favorite form of communication depends on radio-frequency radiation producing
wireless antennas. The popularity of this technology is obvious from the abundance of smart
phones, laptops, tablets and other devices in use today. However, what is not readily apparent is
the health hazards arising from the massive network of wireless antennas that tethers all of these
devices together. The RF radiation produced from just one of these wireless antennas can be
several hundred times that of a cell phone. By the very ubiquitous nature of wireless antennas,
workers routinely work in close proximity to them, often unknowingly. NLC-RISC member
pools should help make their members aware of this hidden risk, which have potentially
significant liability ramifications.
Decades of research shows that
excessive RF exposure is harmful to
humans. The IEEE/ANSI consensus
standards adopted by the Federal
Communications Commission (FCC)
are
based
on
long-standing,
uncontroverted
science
clearly
demonstrating that RF radiation
exposure
causes
behavioral,
cognitive
and/or
psychological
injuries
including
depression,
memory loss, mood disorders, sleep
disorders and impaired cognitive
function.
Local governments have potential
Several trades (e.g., roofers, painters, electricians, carpenters, financial liability exposures arising
sheet-­‐metal, and firefighters) can be injured by RF radiation from their multiple roles as FCC
emissions from this unassuming “stealth “ antenna system. licensee, site owner, site operator,
lessor, lessee, employer, and
employer of third-party contractors/subcontractors and their employees. Every wireless antenna
affixed to a governmental asset, either owned by cities or others, has the potential to create
liability. These dynamics have a direct financial impact on local governments and their shared
risk pools.
Local governments may not recognize the potential for human RF radiation over-exposure and
its potentially catastrophic financial consequences until the trial lawyers become involved. At
that point, it will be too late to avoid long-term litigation and substantial monetary losses.
The litigation over cell phone exposure is not comparable to RF radiation. Science has yet to
produce reliable evidence of the causal link between cell phone use and brain cancer. In contrast,
science has established the causal link between wireless antenna RF over-exposure and
1 psychological and cognitive injuries. This science is long-standing, uncontroverted and not the
subject of dispute.
Successful defense of cell phone litigation was based upon the fact the FCC RF maximum
permissible exposure (MPE) for the devices was not exceeded. In contrast, litigation from
wireless antenna exposure will easily prove that FCC RF exposure limits are exceeded thousands
of times across our nation each day in violation of the law.
Challenges to Protecting Workers:
At the inception of the wireless industry, only a limited number of wireless antenna systems
existed across our nation. These antennas were mainly located along freeway corridors within
major metro areas. Most often, they were perched atop poles surrounded by locked fencing and
access was only granted to RF-trained technicians. Today, there are more than 600,000 wireless
antennas
in
governmental
and
commercial use, and this number is
projected to exceed one million in the
not-too-distant future. They are located
everywhere – on rooftops, the sides of
buildings, utility poles, light standards
and hidden entirely within the structures
of buildings.
Municipal and third-party workers are
exposed to excessive levels of RF
radiation
because
no
effective,
comprehensive RF radiation safety
system is currently in operation. The
barriers to protecting workers from RF
radiation include:
These painters stated that they were not given any RF safety or power-­‐down information to protect themselves from the antennas. The painters worked for extensive periods of time in front of the many antennas located around the entire building. •
•
•
•
•
•
FCC licensees (governmental and
commercial), building/site owners and
contractors lack of continuous (24/7)
knowledge and control of all activities at
antenna sites (i.e., no one ensures that the
antennas are always turned off whenever workers are present);
Mandated use of “stealth” antennas (hidden behind architectural structures) that prevent
workers from identifying the existence and location of RF radiation hazards at work sites;
Mandated collocation of RF radiation transmitting antennas, resulting in increased
aggregate RF radiation emissions;
No unifying and verifiable RF power-down/off system (no lock-out, tag-out equivalent);
Locks, fences and restricted access do not protect workers who enter these areas to fulfill
their job responsibilities;
Warning signs are often missing, mislabeled or misunderstood by workers;
Lack of a national protocol to supply workers with real-time, site-specific RF radiation
safety information.
2 •
Future litigation potential:
Unfortunately, the plaintiffs’ bar is always in search of the “next asbestos” and the issue of
worker over-exposure to RF radiation may qualify. A television advertising campaign to educate
workers on the subjective symptoms of RF radiation over-exposure could use various legal
theories (both liability and workers’ compensation) to successfully tap into a new and rich vein -the wireless ecosystem.
The Americans with Disabilities Act (ADA) may be another potential source of loss for local
governments. The ADA was recently amended and the new regulations issued by the EEOC are
now in effect. Minor and episodic diseases will now be covered, including depression, and the
burden of proof will now rest on the employer to prove that the litigating employee does not
have the claimed disability, a near impossibility for relatively subjective injuries like these. The
cost of reasonable accommodation (and of failure to reasonably accommodate) could be
substantial. Expansion of the definition of a disability to include depression is hugely important
for worker RF-exposure litigation because scientific research has established a causal link
between cognitive injuries such as depression and RF radiation over-exposure.
Next Steps
To protect their financial interest and that of their members, NLC-RISC member pools should
educate their members about the hazards of RF radiation.
About the Author
Richard J. Burnheimer is the Executive Vice President, Risk Management and EH&S for RF
CHECK Inc. Rick has over 20 years of experience in both wireless and risk management. Prior
to joining RF CHECK, Rick was the Director of Risk Management and EH&S at Sprint
Nextel. RF CHECK is a socially-responsible San Diego-based wireless technology company
that has globally patented an innovative, multi-layered RF safety system to protect against
physical and financial harm to all within the wireless ecosystem, similar to the "Call 811 Before
You Dig" underground utility locator service. For more information, please visit their website at
www.rfcheck.com or contact Rick directly at Rick@RFCHECK.com.
3