Archive for the ‘OSHA’ Category
Thursday, October 14th, 2010
Most people are aware that, since 1970, the Occupational Health and Safety Administration (OSHA) has been responsible for issuing and enforcing standards for workplace health and safety. But if I were a betting person, I would wager that far fewer are aware of OSHA’s responsibilities in relation to the Sarbanes Oxley Act. OSHA is charged with protecting workers ” …from retaliation for reporting alleged violations of mail, wire, bank, or securities fraud; violations of rules or regulations of the SEC; or federal laws relating to fraud against shareholders.”
This responsibility is part of the Office of Whistleblower Protection Program (OWPP),for which OSHA has oversight. OWPP was originally intended to protect workers from being retaliated against for such things as reporting safety violations to OSHA, requesting or participating in an OSHA inspection, or testifying in any proceeding related to an OSHA inspection.
Over the years, this responsibility has expanded to encompass oversight of the whistle-blowing provisions for eighteen other statutes, including violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, health care reform, nuclear energy, pipeline, public transportation agency, railroad and securities laws.
And according to a recent report by the Government Accountability Office (GAO), OSHA gets failing grades for discharging its whistleblower protection responsibilities. The GAO cited lack of training, chronic inattention from OSHA leaders, and long delays in resolving cases, among other problems.
Some say the problems are no surprise: too few staff spread too thin, resulting in long case delays and staff demoralization. You can see charts depicting the growth of responsibilities while staff remained flat on pages 16-17 of the GAO Whistleblower Report. (PDF)
Some relief is in the offing – 25 new investigators are scheduled for appointment to OWPP. In addition, the Department of Labor (DOL) is conducting a “top to bottom” review and there is some discussion about whether the program should be moved to another part of DOL.
Whistleblowers are fundamental to workplace safety, but even with protections built into the laws, the reality is that protection for whistle-blowing employees can be a long time in coming, when and if it does. Read about truck driver John Simon’s whistle-blowing ordeal as a case in point. There are unfortunately many other similar stories. OSHA offers employees a a bill of rights to ensure safety, but fundamental to those rights are protections when and if they speak up in the cause of safety.
This article was originally posted on Workers Comp Insider.
About the Author: Julie Ferguson is an insurance industry consultant with more than 20 years experience developing and implementing communications programs for workers compensation, workplace health & safety, employee communications, and general insurance programs. She founded and serves as editor for the nation’s first insurance weblog, Lynch Ryan’s Workers Comp Insider. She also founded and manages HR Web Café, a weblog for ESI Employee Assistance Group; Consumer Insurance Blog for the Renaissance Insurance Group; and is one of the administrators of Health Wonk Review, a bi-weekly health policy carnival. If you have a question for Julie, you can reach her at jferguson@lynchryan.com.
Tags: Department of Labor, GAO, Julie Ferguson, Office of Whistleblower Protection Program, OSHA, Retaliation, Sarbanes Oxley, whistleblower Posted in OSHA, whistleblower | 1 Comment »
Thursday, September 9th, 2010
You are deep in mandatory overtime (which you don’t get OT pay for) and you’re so exhausted that you start making really bad mistakes – dangerous mistakes.
We’ve all been there in one way or another in our working lives, but what if you were a patient and the exhausted worker making the mistakes was your resident physician? Obviously it can be a life or death situation for you. Resident physicians work shifts as long as 30 hours as often as three times a week, which can lead to physician fatigue and medical errors.
“As future physicians, we greatly value the well-being of our patients and know that we can serve them better if we are well ourselves,” says Sonia Lazreg, health justice fellow with the American Medical Student Association (AMSA).
Dr. Charles Preston, a researcher with Public Citizen’s Health Research Group and preventive medicine resident at Johns Hopkins School of Public Health says, “After a busy night on call, I remember a couple of times when I literally fell asleep on my patients standing up during morning rounds. I’d fall asleep while writing my patient progress notes. And driving home, I was careful to turn up the radio or blast the air conditioning so that I would at least have something more to keep me awake.” Can you imagine?
So, why is this dangerous system still in place?
Despite evidence that excessive work hours contribute to depression, car crashes, needle stick injuries and even premature labor for pregnant physicians, there are no Occupational Safety and Health Association (OHSA) rules protecting residents from these risks.
OSHA, which is part of the Department of Labor, is responsible for enforcing safety and health legislation, and it just doesn’t have the doctors-in-training on its radar … yet!
To get the OSHA radar blipping, consumer and health advocacy organizations delivered a petition to the agency today. You can read the petition here, and at the bottom of this entry you can see the full list of those petitioning OSHA.
The federal government already regulates work hours and sets rest-period requirements in a variety of industries, including the highway, aviation, railroad and maritime transportation industries, because fatigue plays a major role in transportation safety. In none of these industries are workers allowed to work hours even remotely as long as these physicians. Resident physicians deserve to have similar protections from excessive work hours that don’t give them adequate rest.
“OSHA must intervene so that physicians in training are no longer at risk for needle stick injuries, car crashes and other hazards that we know stem from chronic sleep deprivation.” says CIR/SEIU Healthcare President Dr. Farbod Raiszadeh.
Please get involved with this important situation. It will help you at the same time as some hardworking people.
For ideas on how to get involved, and to see this original article, visit SEIU.
About the Author: Richard Negri is the founder of UnionReview.com and is the Online Manager for the International Brotherhood of Teamsters.
Tags: American Medical Student Association, mandatory overtime, OSHA, overtime pay, Physicians, Public Citizens Health Research Group Posted in OSHA, overtime pay | No Comments »
Thursday, June 17th, 2010
Amid the horrific scenes of the BP oil spill, we should not neglect the fact that 11 workers died on the rig when it exploded April 20. Nor should we neglect the daily carnage that workers suffer on the job in America.
It’s been a very bad couple of months for worker safety: Seven dead in Washington following the explosion of the Tesoro refinery.
Six dead in Connecticut in the Kleen Energy power plant explosion.
Twenty-nine dead in West Virginia’s Upper Big Branch Mine disaster.
And 11 dead in the Gulf of Mexico oil rig collapse.
But behind the headlines on the latest disaster is a far quieter but equally disturbing story.
In the same week as the Massey mine disaster in West Virginia, local media outlets around the country carried dozens of stories with headlines like “Man Killed in Trench Collapse” or “Fall from Roof Fatal.” The toll of these routine incidents _14 deaths a day from injuries in America — is obscured because most occur one death at a time.
Month after month, workers die, and the Occupational Safety and Health Administration slaps the employer on the wrist (a median penalty of only $3,675 per death in 2007).
Like those who died on the BP oil rig or in the Massey mine, the vast majority of deaths on the job are entirely preventable. The problem is not technical but political: Our national system for ensuring health and safety in the workplace is broken.
We know how to prevent trenches from collapsing — by using trench boxes to shore them up. We know how to prevent falls from roofs from becoming fatal — by properly using safety harnesses. We know how to prevent coal mine explosions by minimizing the buildup of coal dust and monitoring methane concentrations.
But employers routinely refuse to use these established precautions, and OSHA does not force them to.
So why aren’t our laws enforced? First, it’s a problem of resources: OSHA’s budget for enforcement is pitiful, a situation that has worsened since deregulation began in the Reagan era. In the late 1970s, OSHA had one inspector per 30,000 covered workers; today it is one per 60,000.
Second, obstacles to any new workplace safety rules, put in place by deregulation ideologues in Congress, have brought OSHA to a standstill. In the last 13 years, OSHA has issued exactly one new health standard establishing the maximum safe exposure level to a chemical, and that under the duress of a court order.
Third, OSHA’s promise that all workers have the right to speak up about unsafe or unhealthy conditions without retaliation is a cruel joke. The agency’s whistleblower protection program is totally ineffective: Non-union workers who file OSHA complaints routinely lose their jobs.
The solutions to this sorry state of affairs are not complex. Congress should boost the budget for OSHA enforcement. Plus, it should protect whistleblowers and require serious penalties for egregious violators.
Under current law, even the worst case of employer neglect can result in no more than a misdemeanor, punishable by a maximum six months in jail. That’s got to change.
There is a bill sitting in Congress that would accomplish much of this. But the Protecting America’s Workers Act is stalled in committee while Congress members pound their fists and demand “something be done.” Now is the time for action, before more workers die.
Reprinted with permission by The Progressive, Inc.
About The Author: Tom O’Connor is executive director of the National Council for Occupational Safety and Health.
Tags: BP, Kleen Energy, OSHA, OSHA Whistleblower Protection Program, Tesoro, Upper Big Branch Posted in OSHA | 2 Comments »
Monday, February 15th, 2010
Organized labor and its allies are rightly alarmed over the high incidence of on-the-job accidents that have killed or maimed many thousands of workers. But they haven’t forgotten – nor should we forget – the on-the-job violence that also afflicts many thousands.
Consider this: Every year, almost two million American men and women are the victims of violent crime at their workplaces. That often forces the victims to stay off work for a week or more and costs their employers more than $60 billion a year in lost productivity.
These crimes are the tenth leading cause of all workplace injuries. They range from murder to verbal or written abuse and threatening behavior and harassment, including bullying by employers and supervisors.
Women have been particularly victimized. At least 30,000 a year are raped or otherwise sexually assaulted while on the job. The actual total is undoubtedly much higher, since it’s estimated that only about one-fourth of such crimes are reported to the police.
Estimates are that more than 900,000 of all on-the-job crimes go unreported yearly, including a large percentage of what’s thought to be some 13,000 cases annually that involve boyfriends or husbands attacking women at their workplaces.
The Retail, Wholesale & Department Store Union (RWDSU), which represents many of the victimized workers, cites that as an example of the job violence problem that is often distorted by media coverage that “would lead us to believe that most workplace violence involves worker against worker situations.”
The union says that has focused many employers “on identifying troubled employees or disgruntled workers who might turn into violent predators at a moment’s notice. But in fact, 62 percent of all violence at worksites is caused by outsiders.”
As you might expect, those most vulnerable to the violence are workers who exchange money with the public, deliver passengers, goods or services, work alone or in small groups during late night or early morning hours in high-crime areas or wherever they have extensive contact with the public.
That includes police, security guards, water meter readers and other utility workers, telephone and cable TV installers, letter carriers, taxi drivers, flight attendants, probation officers and teachers. Convenience store clerks and other retail workers account for fully one-fifth of the victims.
The American Federation of Teachers is so concerned that it has provided each of its 1.4 million members a $100,000 life insurance policy payable if the teacher dies as the result of workplace violence.
The major violence victims also include health care and social service workers such as visiting nurses, and employees of nursing homes, psychiatric facilities and prisons. They suffer two-thirds of all physical assaults. Many of the victims regularly deal with volatile, abusive and dangerous clients, often alone because of the understaffing that’s become all too common.
It could get even worse, at least for some workers. The RWDSU warns that today’s troubled economic times create additional threats. The danger is especially great for retail workers whose stores are likely to face increased incidents of theft, some involving gun-wielding robbers.
The RWDSU and other unions have been pushing for recognition of workplace violence as an occupational as well as criminal justice issue. That would put it under the purview of the federal Occupational Safety and Health Administration (OSHA) and state job safety agencies.
The federal and state agencies could then issue enforceable regulations designed to lessen the on-the-job dangers of violence, as they do for other hazardous working conditions. A few states do that already, but only for a very limited number of industries.
OSHA has issued guidelines for workers in late-night retail jobs, cab drivers and some health care workers, but the guidelines are strictly voluntary. Although the unions’ top priority is for legally binding regulations, they also are pressing employers to meanwhile voluntarily implement violence-prevention programs.
Currently, only about one-fourth of them have such programs or any guidelines at all. The RWDSU’s Health and Safety Department is offering to help the other employers develop programs.
We have federal and state standards, laws and regulations designed to protect working Americans from many of the serious on-the-job hazards they face daily. Yet we have generally failed to lay down firm guidelines for protecting workers from the workplace violence that’s one of the most dangerous hazards of all.
*This post originally appeared in Truth Out on February 11, 2010. Reprinted with permission from the author.
About the Author: Dick Meister is a former labor correspondent of the San Francisco Chronicle and has covered labor and politics for a half-century as a newspaper, radio, television and online reporter, editor and commentator.
Tags: American Federation of Teachers, labor, Occupational Safety and Health Administration, OSHA, Retail, Wholesale & Department Store Union, workplace injuries, workplace violence Posted in OSHA, workplace safety, workplace violence | No Comments »
Monday, January 4th, 2010
This is an AP story written by SAM HANANEL. I am reposting to UnionReview.com with the hope of spreading the news.
Soon after she became the nation’s labor secretary, Hilda Solis warned corporate America there was “a new sheriff in town.”
Less than a year into her tenure, that figurative badge of authority is unmistakable. Her aggressive moves to boost enforcement and crack down on businesses that violate workplace safety rules have sent employers scrambling to make sure they are following the rules.
The changes are a departure from the policies of Solis’ predecessor, Elaine Chao. They follow through on President Barack Obama’s campaign promise to boost funding for the Occupational Safety and Health Administration, increase enforcement and safeguard workers in dangerous industries.
Solis made a splash in October when OSHA slapped the largest fine in its history on oil giant BP PLC for failing to fix safety problems after a 2005 explosion at its Texas City refinery.
Garnering less attention, she just finished hiring 250 new investigators to protect workers from being cheated out of wage and overtime pay. She also started a new program that scrutinizes business records to make sure worker injury and illness reports are accurate. And she is proposing new standards to protect workers from industrial dust explosions — an effort the Bush administration had long resisted.
Some business groups say they prefer a more cooperative approach between government and businesses — what the Bush administration called “compliance assistance.”
“Our members are concerned that the department is shifting its focus from compliance assistance back to more of the ‘gotcha’ or aggressive enforcement first approach,” said Karen Harned, executive director of the National Federation of Independent Business’ small business legal center.
Other business leaders point out that the rate of workplace deaths and injuries actually fell to record lows in the previous administration, while the agency also helped employees collect a record amount of back pay for overtime and minimum wage violations. Chao has claimed that success was the result of cooperating with businesses to help them understand the myriad regulations.
Keith Smith, a spokesman for the National Association of Manufacturers, said his members “want to build upon that progress and recognize what’s working.”
But a November report from the Government Accountability Office suggested there is widespread underreporting of workplace safety issues. Investigators cited evidence that some employers pressure workers not to report illnesses and injuries and urged OSHA to be more aggressive in verifying business records.
Labor Department spokesman Jaime Zapata said the idea of helping businesses understand the rules remains an important part of the agency’s strategy, along with stepped-up enforcement. Solis plans to hire 100 new OSHA inspectors next year.
“Compliance assistance was not a creation of the last administration,” Zapata said.
The changes have drawn praise from organized labor leaders who spent millions to help get Obama elected. Solis, a former California congresswoman and daughter of immigrant parents who were both union members, is a favorite of labor unions and a longtime advocate for workers’ rights.
“We will not rest until the law is followed by every employer, and each worker is treated and compensated fairly,” Solis said last month as she described a new national public awareness campaign to make sure workers know their rights on the job.
The massive fine against BP certainly caught the public’s attention, but other businesses are also paying a steep price for violating safety rules.
Two months into the new fiscal year, OSHA has already cited six companies for “egregious” violations that carry the highest penalties. There were only four such egregious cases in all of the previous year.
Solis said her agency this year will tackle 90 new rules and regulations next year. One change would give workers more information about how their pay is computed. Another would make employers disclose whether they sought advice from anti-union labor consultants.
*This post originally appeared in The Union Review on January 2, 2009. Reprinted with permission from the author.
About the Author: Richard Negri is the founder of UnionReview.com and is the Online Manager for the International Brotherhood of Teamsters.
Tags: Elaine Chao, Hilda Solis, labor, OSHA, Richard Negri, Union Review, Workplace Conditions, workplace safety Posted in OSHA, Workplace Conditions, labor | 1 Comment »
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