Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘illness’

One Last Time: OSHA Extends Recordkeeping Reporting Deadline

Friday, November 24th, 2017

After multiple delays, OSHA has finally announced that employers who are required to keep OSHA injury and illness records must send summary information in to the agency by December 15, fifteen days after the deadline announced last June, when the agency proposed to delay the reporting deadline from July 1 to December 1.

The rollout has been plagued by numerous delays. First OSHA delayed until August 1 in putting up the website which was supposed to be up by the end of February.  Then there came false accusations of a data breach, and finally a delay in issuing the final change in the required submission deadline.

When the regulation was issued last year, OSHA stated that the data would be published on the web. “Public disclosure of work injury data will encourage employers to increase their efforts to prevent work-related injuries and illnesses,” OSHA announced when the regulation was issued in May 2016.  The Trump administration has not disclosed its intentions about publicizing the data, although there is legal precedent for requiring the agency to publish the data on OSHA’s website.

Other parts of the “electronic” recordkeeping regulation are being challenged in court and are under reconsideration by OSHA. The agency also announced today that OSHA is currently reviewing the other provisions of its final rule to Improve Tracking of Workplace Injuries and Illnesses, and intends to publish a notice of proposed rulemaking to reconsider, revise, or remove portions of that rule in 2018.”

Some in the business community don’t like requirements that more detailed information on injuries and illnesses be sent to OSHA starting next year, or that OSHA has prohibited employers from retaliating against workers for reporting injuries.  At last week’s Congressional hearing, Secretary of Labor Acosta falsely stated that the regulation “was asking for some information that was very detailed and that identifies individuals.”

OSHA also noted that seven state plans, California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming, have not yet adopted the regulations. States are supposed to adopt all new OSHA standards and regulations within 6 months of federal OSHA’s issuance.

This blog was originally published at Confined Space on November 22, 2017. Reprinted with permission. 

About the Author: Jordan Barab was Deputy Assistant Secretary of Labor at OSHA from 2009 to 2017, and spent 16 years running the safety and health program at the American Federation of State, County and Municipal Employees (AFSCME).

Heat kills California farmworkers, but the state won't always admit it

Monday, November 23rd, 2015

LauraClawsonAgricultural workers have fewer job protections than most other workers even as they do physically grueling labor for low pay. It’s a vicious circle—most of the people who work in the fields come from vulnerable groups, and the low wages and lack of protections keep them vulnerable. California’s heat is one significant source of illness and even death for farmworkers. But you might not know that from the state’s official statistics:

While the agency investigated 55 agriculture deaths between 2008 and 2014, it categorized six as heat related, according to data obtained by The Desert Sun. Of the 209 farmworker illnesses investigated in the same period, Cal/OSHA confirmed 97 as heat related.

Farmworker fatalities peaked at 15 in 2014. However, Cal/OSHA found that none of those fatalities were heat related. At least 13 of those farmworkers did not belong to a union, including a man who died in 109-degree heat after picking lemons Sept. 2 in a Mecca field. […]

Although California passed the groundbreaking Heat Illness Prevention act in 2005, Cal/OSHA confirms only 13 farmworkers have died in the decade since then from heat-related deaths. The confirmed deaths represent just a fraction of the total, according to the United Farm Workers union’s recently settled lawsuit, which pegs the number of deaths due to heat in just the six years from 2005-2011 at more than double the 10-year number claimed by Cal/OSHA.

Similarly, the state investigated 209 possibly heat-related illnesses between 2008 and 2014, but only confirmed 97 of them as officially heat-related. Even in cases where, gosh, the worker was definitely sick (or dead) after working in hot weather, and had the symptoms of heat-related illness, Cal/OSHA’s standards are sometimes just too high. And if an illness or death wasn’t officially related to heat, the employer doesn’t get cited for it. Funny how that works.

But despite the low number of illnesses and deaths officially attributed to heat, we do know that, in California, the agriculture industry has more heat-related illnesses and deaths than any other industry involving outdoor work, like construction. Which gets us back to the weak legal protections for agriculture workers.

This blog was originally posted on Daily Kos on November 20, 2015. Reprinted with permission.

About the Author: Laura Clawson has been a Daily Kos contributing editor since December 2006  and Labor editor since 2011.

Half of Food Workers Go to Work Sick Because Lack of Paid Sick Leave Forces Them To

Thursday, October 22nd, 2015

LauraClawsonPaid sick leave isn’t just the right thing to do for people who currently face the choice of going to work sick, or going without pay. It’s a public health issue.

Fifty-one percent of food workers — who do everything from grow and process food to cook and serve it — said they “always” or “frequently” go to work when they’re sick, according to the results of a survey released Monday. An additional 38 percent said they go to work sick “sometimes.” […]But it’s not as if these sick food workers are careless. Nine out of 10 workers polled in the new survey said they feel responsible for the safety and well-being of their customers. Yet about 45 percent said they go to work sick because they “can’t afford to lose pay.” And about 46 percent said they do it because they “don’t want to let co-workers down.”

That means that customers are exposed to those sick workers’ illnesses. And that, in turn, can be a serious issue:

“One of the most egregious examples that I describe in the book is a worker at a Fayetteville, N.C., Olive Garden [who] was forced to work with hepatitis A because [Olive Garden] doesn’t have an earned sick leave policy,” [Saru] Jayaraman says. As a result, Jayaraman says, 3,000 people had to be tested for hepatitis A at the Cumberland County, N.C., health department.

Most cases aren’t that dramatic, of course, but norovirus is often spread by food workers, and you really don’t want norovirus. Yet somehow Republican morality says that these workers in one of the lowest-paying industries should stay home to protect the rest of us while being denied basic protections themselves, and risking their ability to pay the bills and put food on the table for every day they stay home sick.

Paid sick leave is gaining momentum in the United States, with four states—Connecticut, Oregon, California, and Massachusetts—now having laws requiring it for most workers. But it will never be federal law as long as Republicans have the ability to block it.

This blog was originally posted on Daily Kos on October 22, 2015. Reprinted with permission.

About the Author: The author’s name is Laura Clawson. Laura has been a Daily Kos contributing editor since December 2006  and Labor editor since 2011.

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