Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Bobby Scott’

New Bill Seeks to Protect Health Care and Social Service Workers from Workplace Violence

Monday, November 19th, 2018

Workplace violence is a serious and growing problem for health care and social service workers. Nurses, emergency room doctors, social workers, psychiatric facility aides, and other health care and social service workers frequently face violence that leads to serious, life-altering injuries, loss of productivity and death. In 2016, working people petitioned the Occupational Safety and Health Administration for a workplace violence standard and, in 2017, OSHA granted that petition; yet there has been no action by the Trump administration to develop a national standard to protect workers from violence.

Some key facts about workplace violence:

  • It is responsible for more than 850 worker deaths and 28,000 serious injuries each year and is on the rise.
  • One of every six workplace deaths each year are from workplace violence.
  • It is now the second leading cause of death on the job.
  • Health care and social service workers are at greatest risk: They are nearly five times more likely than other workers to suffer a workplace violence injury.
  • Last year, workplace homicides doubled for health care and social service workers.
  • Two of every three workplace violence events are suffered by women.
  • Workplace violence is foreseeable and preventable.

Today, Reps. Joe Courtney (Conn.) and Bobby Scott (Va.) introduced legislation aimed at protecting health care and social service workers from workplace violence. In a letter supporting the legislation, Courtney said:

To address these rising rates of violence, I am introducing the Workplace Violence Prevention for Health Care and Social Service Workers Act. This legislation will require the Occupational Health and Safety Administration (OSHA) to issue a workplace violence prevention standard requiring employers in the health care and social service sectors to develop and implement a plan to protect their employees from workplace violence. These plans will be tailored to the specific workplace and employee population, but may include training on de-escalation techniques, personal alarm devices, surveillance and monitoring systems, or other strategies identified by the employers and employees to keep workers safe. While OSHA has already issued voluntary guidance to employers on how to prevent violence in these workplaces, data from [the Bureau of Labor Statistics] as well as personal testimony from workers about continuing violence shows that voluntary guidance is not sufficient. An enforceable standard is required to prevent the types of violence that are prevalent in too many of our hospitals, nursing homes and social service settings.

This blog was originally published by the AFL-CIO on November 19, 2018. Reprinted with permission. 

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars

House Democrats plan to grill Labor Department officials about tip and child labor policies

Monday, November 12th, 2018

After winning back the House on Tuesday, Democrats plan to grill Labor Department officials about some of their proposals, which they have safety and transparency concerns about.

Democrats have long had questions about the U.S. Department of Labor’s approach on issues such as child labor in health care jobs and not informing the public about an analysis that did not favor one of their proposed regulations on tipping.

Rep. Bobby Scott (D-VA), who will be chair of the Education and Workforce Committee, told Bloomberg Law about his plans and said, “If you’re having a regulatory change, the law requires you to produce the evidence to support the change.”

In December, the department proposed a rule rescinding parts of Obama-era tip regulations and allow employers who pay the minimum wage to take workers’ tips. The department said it would allow “back of the house” workers, such as dishwashers and cooks, who don’t typically receive tips, to be part of a tip-sharing pool. But the rule wouldn’t actually prevent employers from just keeping the tips.

According to Economic Policy Institute research, tipped workers would lose $5.8 billion a year in tips as a result of this rule. Women in tipped jobs would lose $4.6 billion annually.

After doing an internal analysis of the proposal, Department of Labor decided to scrub it from its proposal after it also discovered workers would be robbed of billions of dollars. Staff then changed the methodology to get a more favorable analysis, but Labor Secretary Alexander Acosta and his team were reportedly unsatisfied with even that analysis, so with the approval of the White House, they took it out. Later reports from Bloomberg showed that White House’s Office of Information and Regulatory Affairs (OIRA) staff said the proposal of changes to tipped worker pay rules should include professional estimates of the impact for tipped workers but Mick Mulvaney, director of the Office of Management and Budget and acting director of the Consumer Financial Protection Bureau, worked with Acosta to scrap the analysis entirely, Bloomberg Law first reported.

In December, Saru Jayaraman, president of Restaurant Opportunities Centers United, a non-profit that advocates for improvement of wages for low-wage restaurant workers, said the proposed rule would push a majority-women workforce “further into financial instability, poverty, and vulnerability to harassment and assault.”

Democrats on the committee, as well as other Democrats in Congress, wrote a letter to the department in February stating that if the department withheld the analysis, it “raises serious questions about the integrity of the Department’s rulemaking process.” They also demanded more information about meetings and further communication about the analysis.

Democrats also wrote a letter to Acosta and Mulvaney in August citing their concerns about a department proposal to allow teenagers to work more hours in health care positions that under current regulations, are considered unsafe for them. The department has said that exempting power-driven patient lifts from these regulations makes sense because use of the equipment would be “safer for workers than the alternative method of manually lifting patients.”

The department has said that teenagers would have to receive 75 hours of training and at least 16 hours of supervision by a nurse in the proposed rule.

But in their August letter, Democratic lawmakers said they want scientific reviews from the National Institute for Occupational Safety and Health.

“While we believe in expanding job opportunities for young workers, I am sure you would agree that this should not be done at the expense of their health, safety, and lives,” Democratic members of Congress wrote.

This article was originally published at ThinkProgress on November 10, 2018. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

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