Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘injuries’

Walmart sued for alleged discrimination against pregnant workers

Monday, September 24th, 2018

Federal regulators have filed a lawsuit against Walmart claiming the retailer forced pregnant workers to take unpaid leave and refused their requests for less physically demanding duties.

Companies are required by law to accommodate employee pregnancies the same way they would disabilities, according to an article on the lawsuit published by Reuters. The suit was filed Friday on behalf of Alyssa Gilliam and several other female employees.

In her complaint, Gilliam said she became pregnant in April 2015, at which point she requested “light duty or transfer to a less physically demanding job” to avoid any heavy lifting that might endanger her pregnancy. She said she was told “light duty” was only available “to employees on workers’ compensation.”

Gilliam claimed her requests for a chair, shorter work days, or additional breaks were also denied. She said that eventually, she was forced to transfer to a part-time job within the company, resulting in a pay cut and loss of benefits.

In November 2015, Gilliam said she submitted a doctor’s note to the company identifying a five pound lifting restriction. Walmart, in response, immediately placed her on unpaid FMLA (parental) leave, two full months before she was due to deliver.

The company allegedly denied requests for accommodations for other pregnancy-related medical restrictions made by other pregnant employees at the distribution center, the suit argues.

By contrast, Walmart “accommodated non-pregnant employees who were similar in their ability or inability to work.”

“For example, Defendant accommodated [distribution center] employees who had restrictions due to work-related injuries by providing them with light duty,” the suit reads.

“Defendant deprived Gilliam and a class of female employees of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex and pregnancy.”

Julianne Bowman, the EEOC’s district director in Chicago, said in a statement Friday that Walmart’s alleged refusal to accommodate the pregnant workers amounted to a violation of federal law.

“What our investigation indicated is that Walmart had a robust light duty program that allowed workers with lifting restrictions to be accommodated,” she said. “But Walmart deprived pregnant workers of the opportunity to participate in its light duty program. This amounted to pregnancy discrimination, which violates federal law.”

The EEOC said it is seeking “full relief, including back pay, compensatory and punitive damages, and non-monetary measures to correct Walmart’s practices going forward.”

In a statement Friday, Walmart spokesperson Randy Hargrove responded to the suit, saying the company’s anti-discrimination policies were in full compliance with the law.

“Our accommodations policy has been updated a number of times over the last several years and our policies have always fully met or exceeded both state and federal law,” he said.

The nation’s largest private employer, Walmart is reportedly facing similar lawsuits in other states, including Illinois and New York. In May last year, Hargrove issued a statement insisting the company was “a great place for women to work.”

According to Reuters, the company requested to have the Illinois suit tossed out earlier this year, but was denied. The New York suit is currently pending.

This article was originally published at ThinkProgress on September 22, 2018. Reprinted with permission. 

About the Author: Melanie Schmitz is an editor at ThinkProgress. She formerly worked at Bustle and Romper. Send her tips here: mschmitz@thinkprogress.org.

“Safety Is Our Top Priority”

Wednesday, August 29th, 2018

I read a lot of articles about workers getting killed on the job in preventable incidents. They’re always upsetting.

But one of the things that infuriates me most is the all-too-common statement from a company spokesperson that “Safety is our top priority” after a preventable fatality.

Now, I’m not doubting that losing an employee is a devastating experience for any company owner. The remorse is sincere. But if safety was really the company’s “number one priority,” why is the worker dead?

Here for example we have the Oakland-based Shimmick Construction whose employee, Patrick Ricketts was killed earlier this month.

Family, friends mourning death of construction worker killed in Twin Peaks Tunnel

SAN FRANCISCO, Calif. (KTVU) – Family and friends are mourning the death of a construction worker, killed after he was hit by a steel beam in the Twin Peaks Tunnel in San Francisco on Friday. Loved ones have identified him as 51-year-old Patrick Ricketts.  “Safety is always our number one priority,” said San Francisco Municipal Transit Authority (SFMTA) Deputy Spokeswoman Erica Kato.

And the spokesperson for Shimmick said in a statement, “Safety is core to everything we do….”

If safety was really the company’s “number one priority,” why is the worker dead?

I’m not sure how SFMTA, which didn’t look up Shimick’s record, defines “always,” or how Shimick defines “core,” but it seems that the company has a rather checkered history when it comes to workplace safety according to the San Francisco Examiner:

Public records reviewed Wednesday revealed another case where the contractor under scrutiny after a steel beam fell and killed a worker in a San Francisco Muni tunnel faced fines for serious and willful safety violations.

Yet as the San Francisco Examiner reported Tuesday, the Oakland-based Shimmick Construction told transit officials last November it had not been cited for a “serious and willful violation” in the past decade when it filled out an application to work on the seismic retrofit of the Twin Peaks Tunnel.

Shimmick Construction has been linked to nearly 50 workplace safety violations since 2008, including serious citations for an accident in 2016 in which a forklift driver was crushed in Southern California. The record raises questions as to whether the company followed safety regulations in the Twin Peaks Tunnel.

Of course, neither SFMTA nor Shimick are alone in suddenly discovering that safety is their top priority after a worker dies or gets hurt.

TPI Composites hires George W. Bush administration official to help fight OSHA citations

Newton, IA — In June, the Iowa Occupational Safety and Health Administration alleged an array of safety problems at TPI’s wind blade factory in Newton. T.J. Castle, TPI’s senior vice president of North American operations… referred to previous TPI statements that identified workplace safety as a top priority.

Amazon Prime Day created a surge in health and safety complaints from exhausted workers

Great Britain — Amazon Prime Day broke records last week – with more than 100 million products sold – but proved the most controversial deal day to date with strikes breaking out across Europe and health and safety complaints from Amazon UK workers soaring by 209 per cent, according to workplace digital campaigning platform Organise. “Ensuring the safety of associates is our number one priority,” Amazon’s spokesperson said.

Birds Eye workers hospitalized after ammonia leak

Darien, — Authorities haven’t disclosed the extent of injuries to 15 people who had “serious exposure” to an ammonia gas leak Sunday morning inside the Birds Eye food packaging plant, but the 15 were transported to five different area hospitals, a hazardous materials team official on the scene said. Janice Monahan, a representative from Pinnacle Foods and Birds Eye, the two companies affiliated with the Darien plant, said in a statement Sunday afternoon that “the safety of our employees is our top priority and focus right now.”

Construction worker injured at Las Vegas stadium site

Las Vegas, NV — A construction worker was rescued today after suffering an injury three stories off the ground at the Las Vegas stadium site, according to the Clark County Fire Department and the developer.  “The worker was evaluated by the project’s onsite medical personnel and taken to an area hospital for further evaluation,” project developer Mortenson-McCarthy said in a statement. “The worker was alert prior to transport. Safety is our top priority on this and every project.”

Chemical Safety Board Suspects Faulty Valve Led To Superior Refinery Explosion

Superior, WI — The U.S. Chemical Safety Board said Thursday that a malfunctioning valve in an alkylation unit appeared to allow a flammable mixture to form and likely caused the explosion at Husky Energy’s refinery in Superior on April 26.. Husky spokesman Mel Duvall said in an email Thursday that the company will continue to work with the CSB to understand the cause of the explosion. “The safety of our employees and the community remains our top priority and we will continue to work collaboratively with the CSB and other investigating agencies,” wrote Duvall.

Accidents at Amazon: workers left to suffer after warehouse injuries

Guardian investigation reveals numerous cases of Amazon workers being treated in ways that leave them homeless, unable to work or bereft of income after workplace accidents. “Amazon has created over 130,000 jobs in the last year alone and now employs over 560,000 people around the world. Ensuring the safety of these associates is our number one priority,” said Amazon spokesperson Melanie Etches in an email.

OSHA opens probe into man’s death

NEW BREMEN, OH  – The Occupation Safety and Health Administration is investigating a worker’s death after an accident at Crown Equipment Corp. on Monday.

The accident is still under investigation, but preliminary information provided by Crown Equipment indicates that employee Travis Temple, 49, Celina, was struck by a lift truck.

“As with any death, the incident is being investigated by the New Bremen police,” according to department news release. “Employee safety is of the utmost importance to Crown,” a company news release states

What’s the Problem?

So what’s the problem with claiming that safety is your top priority?

Well, first, it generally isn’t true. Survival of the company, production, profit, image, etc. are often higher priorities. And in our economic system, that makes sense. A company needs to make a profit to survive.  But tempering that profit motive is why we have laws and regulations — and enforcement of those laws — to ensure that the quest for higher profits doesn’t result in injury, death, pollution or theft.

Now most business owners don’t actually come out and say that profit is more important than safety. Former Massey Coal owner Don Blankenship was an exception, sending memos to his managers urging them to “run more coal” and not waste their time on safety-related work. Partially based on the evidence contained in those memos, Blankenship, who is attempting to run against Joe Manchin for West Virginia Senator, spent a year in jail related to the deaths of 29 miners who died in an April 2010 explosion at Massey’s Upper Big Branch Mine.

If you ask the CEOs of companies who take this seriously, my bet is you won’t hear the same old tired line that “safety is a priority.”  — Dr. David Michaels

And then there’s the implication that if safety is really management’s top priority, the fatality or injury must have been because the worker didn’t make safety a priority. Or maybe it was just a “freak accident.”

But the main reason not to claim safety as a top “priority,” is that priorities change depending on what’s happening at the time. True, safety may be a top priority today, but tomorrow there may be other “top” priorities. Just ask Elon Musk.

The fact is that safety shouldn’t just be a priority, it should be integral in the way a company does business.

As former OSHA head David Michaels explained in the Harvard Business Review:

Today and every day in the future, corporate leaders need to reassess what safety means and how their company can achieve it. They need to recognize that safety is a value proposition, that safety management and operational excellence are inextricably linked. If you ask the CEOs of companies who take this seriously, my bet is you won’t hear the same old tired line that “safety is a priority.” They understand that safety is not a priority — it is an essential precondition of their work. It is a fundamental component of their operating culture. Safety, ultimately, is at the core of what they do.

So call me cynical, call me a downer. But I reflexively shudder whenever I hear the words “Safety is our top priority.” Better to just express your sorrow and regret, and recommit yourself to learning the lessons and taking whatever measures are necessary to make sure that your safety system actually ensures that all of your other employees will come home alive and healthy at the end of the shift.

***

Coming next in the series of Things that Drive Me Crazy: Employers who call their employees “team members.”

This blog was originally published at Confined Space on August 28, 2018. Reprinted with permission. 

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

Construction job sites: the silent killer of immigrant workers

Tuesday, October 3rd, 2017

The New York City Council voted unanimously on Wednesday to approve a safety bill that establishes safety protocols as a way to prevent construction worker deaths, following eight months of intensive review by lawmakers, day laborers, unions, real estate developers, and contractors.

The vote came nearly one week after two construction workers fell to their deaths hours apart in separate accidents.

That bill, Intro 1447-C, would establish safety training requirements for workers at construction sites. The legislation would require construction workers to receive at least 40 hours of safety training as specified by the Department of Buildings; allow employees to continue working while they complete the training; and develop a program that grants equal access to training for all workers, including day laborers and workers employed by certain small business contractors.

The bill also includes a required 40-hour class with the United States Department of Labor Occupational Safety and Health Administration (or OSHA). A fine of $25,000 could be charged to construction sites that don’t adhere to the safety regulations for not having trained workers.

“Too many fatalities have occurred on construction sites in this city.”

“Too many fatalities have occurred on construction sites in this city,” NYC Council Speaker of the House Melissa Mark Viverito (D) said during the council meeting Wednesday. “It has clearly become well past time to take action on ensuring the safety of our residents.”

“We are protecting every single worker,” Councilmember Carlos Menchaca (D) said at the same meeting. “The road was tough, but everyone was dedicated to that one mission … to make sure that not one more death come before us in construction sites in the richest city in the country, potentially the world, that we set an example for others. We want to change that culture today.”

The legislation, which is the third version of a bill that has been debated for eight months, couldn’t have come at a more important time. One week ago, two construction workers fell to their deaths in separate incidents across the city. One, a 43-year-old father of five originally from Ecuador, was wearing a harness, but was not clipped in, before falling from the 29th floor of a building in the Financial District. The other, a 45-year-old man, was wearing a safety harness, but wasn’t secured to the bucket lift before falling as the boom was descending. Another worker died at the same site in June.

There have been seven construction workers deaths in New York City so far this year, according to the NYC Buildings Department. In both 2016 and 2015, there were 12 deaths each year.

In a city where 26,739 new apartments are on track to becoming available this year and construction permits surged substantially in 2016 from the previous year, construction site accidents have long been a silent killer for immigrant workers. That has especially held true for Latinx and undocumented workers who may be too afraid to speak out against unsafe conditions for fear of deportation.

As the trend in worker fatality data indicates, Latinx and immigrant workers have morbidly expendable lives. As a whole, these two types of workers outpaced all other major groups for fatal work injuries across all industries. Just within the construction industry, a 2015 New York Times report found that safety measures at construction job sites were often “woefully inadequate” as determined by safety inspectors, government officials and prosecutors. Beyond that, a 2014 U.S. Bureau of Labor Statistics (BLS) survey found that fatal work injuries were the highest among Latinx workers than any other major racial/ethnic groups. Most recently, an AFL-CIO report from April, which surveyed 2015 BLS data across all industries, found that the “Latino fatality rate was 4.0 per 100,000 workers, 18 percent higher than the national average.” Among those Latinos who died, a full 67 percent were immigrant workers.

“Construction deaths and injuries has been an issue in our communities for a very long time and, frankly, it was not being addressed.”

Advocates for immigrant construction workers are glad for Intro-1447’s passage in large part because it puts a big spotlight on immigrant construction workers in the discussion on worker safety.

“Construction deaths and injuries has been an issue in our communities for a very long time and, frankly, it was not being addressed, so we’re thankful for the passage of Intro-1447,” Manuel Castro, the executive director at the workers advocacy group New York New Immigrant Community Empowerment (NY NICE), told ThinkProgress. “We want bad employers to be held accountable. Whenever there’s a construction death, whenever there’s an injury, that justice must come to those workers.”

Castro said that there weren’t many protections in place for immigrant construction workers before Intro-1447. Workers were given a 10-hour safety training. “The reality, however, is that a lot of workers start working on the sites without the training and it isn’t until weeks, maybe months after working that they look for a training and often they don’t find a training,” Castro said.

“They’re not given the appropriate training because the trainings aren’t vetted by anyone in the state,” Castro said. “The trainers are certified, but there isn’t much regulation over this. Other industries have a lot more extensive trainings.”

Castro and other NY NICE members were among those who held a “candlelight vigil” as city council members took a vote Wednesday with electronic candles to represent construction workers who had died on the job.

“When we talk about these issues, the people most impacted tend to be immigrant workers because some of the day laborers are without status,” Murad Awawdeh, vice president of advocacy at the advocacy group New York Immigration Coalition, told ThinkProgress.

“[I]t comes down to the responsibility of the entire industry to have and implement safety practices within the workplace,” Awawdeh said. “As long as everyone is doing it, everyone will be safe. Contractors, big or small, do deviate and try to cut corners and continue to put people’s lives at risk. How can we ensure that everyone — unions to nonunions, documented and undocumented — are protected? So this is just the first step.”

Awawdeh recounted waiting outside his office for a meeting earlier this week and seeing an immigrant construction worker fall about 50 feet. He explained, “We are seeing this happen on a daily basis at this point — the guy survived, but was not attached to anything.”

The bill has provided hope for both Castro and Awawdeh that the city is taking a big step to ensure the safety of its immigrant construction workers.

“It marks the beginning of something really important in New York City,” Castro said. “The city is taking an active role in protecting immigrant workers. As a worker center that works with immigrant workers and day laborers, this is a very important step. We want to ensure more is done, but this is a critical step.”

This article was originally published at ThinkProgress on September 28, 2017. Reprinted with permission.

About the Author: Esther Yu Hsi Lee is a reporter at ThinkProgress focusing on domestic and international migration policies. She has appeared on various television and radio shows to discuss immigration issues. Among other accolades, she was a White House Champion of Change. You can reach her at eylee@thinkprogress.org.

OSHA Warns Hyatt on Housekeeper Injuries

Wednesday, May 9th, 2012

Image: Mike Hall

The Occupational Safety and Health Administration (OSHA) has told Hyatt Hotels what the hotel chain’s housekeepers have been telling it for years—“Hyatt Hurts.”

OSHA issued a formal Hazard Alert letter telling Hyatt that its housekeepers face ergonomic risks every day on the job. The letter outlines steps Hyatt can take to reduce housekeeper injuries.

Pamela Vossenas, UNITEHERE!’s health and safety director, says by issuing the Hazard Alert at a corporate level:

“OSHA is telling Hyatt that the dangers of housekeeping work are real, that there are reasonable solutions and it’s time for Hyatt to put them into practice across the country.”

The letter follows a yearlong OSHA investigation into injury complaints workers filed in 2010. Hyatt once told federal investigators that the workers’ injuries could have been the result of dancing, not lifting heavy mattresses and cleaning as many as 30 rooms a day, as some Hyatt housekeepers do. In one filing, Hyatt wrote:

“The close association of housekeeping with routine life also raises difficult questions about causation. One’s injury is at least as likely to have occurred during non-work activities like sports, dancing or performing routine chores in one’s home.”

OSHA also says Hyatt must keep records on injuries suffered by sub-contracted workers at its hotels.

Maria Soto, a housekeeper at the Grand Hyatt in San Antonio who has been injured cleaning rooms, says:

“For years, we have asked Hyatt to make simple changes that would ease the toll on our bodies. Now our voices are being heard, and the federal government is joining us in calling on Hyatt to make our jobs safer.”

Read the full Hazard letter here and find out more from Hyatt Hurts here.

This blog originally appeared in AFL-CIO on May 8, 2012. Reprinted with permission.

About the author: Mike Hall is a former West Virginia newspaper reporter, staff writer for the United Mine Workers Journal and managing editor of the Seafarers Log. He came to the AFL-CIO in 1989 and has written for several federation publications, focusing on legislation and politics, especially grassroots mobilization and workplace safety.

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