Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘regulation’

Inferior workplace health and safety regulations are killing us (literally!)

Friday, May 20th, 2011

Image: Kate ThomasOn Monday, May 16, SEIU member Cathy Stoddart, RN, BSN spoke at a briefing with U.S. Senate staff about the importance of strong health and safety workplace regulations. The briefing familiarized HELP committee staff with the benefits of regulations for American consumers and workers, as well as the costs of government’s failure to ensure a safe workplace.

In her dual role serving an Executive Board member of her SEIU Healthcare PA and as a nurse at Pittsburgh’s Allegheny General Hospital, Cathy is no stranger to making her voice heard on workers’ rights and workplace safety issues. She spoke in detail on Monday about how we might easily and affordably strengthen health and safety regulations to prevent injuries and illnesses, save lives, and improve patient care. “Regulations don’t kill jobs,” Cathy pointed out, “but a lack of workplace health and safety regulations does kill workers.”

The reality is much more needs to be done to regulate hazards that healthcare workers face. The statistics speak for themselves…

Healthcare workers have higher injury and illness rates than workers in mining, manufacturing or construction; yet very few health and safety standards for these caregiving workers exist.

For example, there are currently no standards to protect healthcare workers from the leading hazard they face: an epidemic of neck, back and shoulder injuries from manual patient handling. A Safe Patient Handling regulation that required the provision of lifting devices to protect healthcare workers from career-ending back, neck and shoulder injuries would go a long way towards solving this pervasive problem. With the recent anti- worker rhetoric combined with staffing cutbacks, we are also seeing an alarming increase in workplace violence. We need a national OSHA workplace violence prevention standard to protect healthcare workers from getting assaulted by patients, residents and clients.

A bill that’s currently making the rounds in the House Judiciary and Rules Committees presents a huge potential barrier to removing the threats healthcare workers still face on the job. H.R. 10 (the REINS Act) would require both Houses of Congress to approve virtually all new major regulations before they go into effect, which means that any new regulation would get caught up in Congressional gridlock.

What would passage of the REINS Act specifically mean for working people? Nothing good, that’s for sure. HR 10, if enacted, would essentially make it impossible to ever issue another regulation to protect workers from on-the-job hazards. Consider that in the year 2010 alone, federal agencies issued more than 90 major new rules that could likely have been subject to the REINS Act’s requirements. There are simply not enough hours in a day to allow Congress to allot the time necessary to consider and approve even the most important rules (much less 90 of them).

The OSHA standard setting process currently in place is essentially broken. Standards that previously took a year to promulgate now take decades, if they come out at all. We need to expedite rulemaking, not slow it down, like the REIN Act aims to do.

This article originally appeared in SEIU Blog on May 19, 2011. Reprinted with permission.

About the Author: Kate Thomas is a blogger, web producer and new media coordinator at the Service Employees International Union (SEIU), a labor union with 2.1 million members in the healthcare, public and property service sectors. Kate’s passions include the progressive movement, the many wonders of the Internet and her job working for an organization that is helping to improve the lives of workers and fight for meaningful health care and labor law reform. Prior to working at SEIU, Katie worked for the American Medical Student Association (AMSA) as a communications/public relations coordinator and editor of AMSA’s newsletter appearing in The New Physician magazine.

Business Lobbyists Yearn For The Days When Elaine Chao Ran The Labor Department

Tuesday, January 5th, 2010

Image: Pat GarofaloWith the calendar turning to 2010, the Associated Press took a look back at the first year of Labor Secretary Hilda Solis’ tenure, pointing out that “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.”

In many ways, Solis has completely reversed the course of the Labor Department that was set by her predecessor, Elaine Chao. And Solis’ crackdown has business lobbyists yearning for the days when Chao ran the show:

“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…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 [Chao's] progress and recognize what’s working.”

Of course, what worked for big business didn’t work at all for workers, as Chao’s Labor Department spent eight years “walking away from its regulatory function across a range of issues, including wage and hour law and workplace safety.”

Consider some of Chao’s legacy. The Government Accountability Office found that her Department “did an inadequate job of investigating complaints by low-wage workers who alleged that their employers were stiffing them for overtime, or failing to pay the minimum wage.” In one survey, 68 percent of low-income workers reported a pay violation in the previous week alone.

The Department’s own inspector general blamed “a lack of management emphasis on worker safety” for unsafe conditions at mines leading to a jump in worker deaths, while fines for workplace safety violations fell so low that employers began “factoring them in as part of their cost of doing business rather than complying with labor laws.” In all, “workers lose $19 billion in wages and benefits through illegal practices, nearly 6,000 American workers die on the job, and at least 50,000 workers die due to occupational disease” each year.

Solis, meanwhile, “slapped the largest fine in [Department] history on oil giant BP PLC for failing to fix safety problems after a 2005 explosion at its Texas City refinery.” She is hiring 250 additional wage-theft inspectors, and “started a new program that scrutinizes business records to make sure worker injury and illness reports are accurate.”

Labor Department staffers were so disgruntled under Chao that they threw a “good-riddance party” to cheer her departure. But for big business, Chao’s tenure meant acting with impunity and facing puny fines on the rare occasions that that were caught, and they’d like to go back.

*This post originally appeared in The Wonk Room on January 4, 2009. Reprinted with permission from the author.

About the Author: Pat Garofalo is the Economics Researcher/Blogger for WonkRoom.org at the Center for American Progress Action Fund. His writing has also appeared in The Nation, The Guardian, the Washington Examiner, and at New Deal 2.0.

What Do You Believe About Work That Is Wrong?

Monday, October 12th, 2009

After fifteen years of writing Workplace911 and its predecessor Working Wounded I’ve concluded that there are a lot of myths about work. I thought it would be fun to tackle some of the bigger ones in this week’s blog. Check out my list below and send me some of your favorites.

It’s impossible to be overpaid when someone else signs the paycheck. Let me offer a short translation of this rule—as long as someone is willing to pay you a ridiculous amount of money to work for them, then you aren’t overpaid because they have established a market for your services. I disagree. Corporate salaries are absurd. Cost cutting, layoffs and a myriad of other organizational sacrifices should float more than just the boats of the CEO and a few top executives. I’m no Marxist, CEOs do deserve a big paycheck when they are successful. But this escalator only seems able to go up.

Greed is good. The biggest problem here is that when Oliver Stone came up with this mantra for his Gordon Gekko character in the movie Wall Street it was meant as parody. Yet I hear some variation of it whenever I talk to traders, salespeople, etc. Henry Ford, hardly a commie himself, once said that only a fool holds out for the last dollar. I think wretched excess is a terrible way to run a company.

The bigger the jerk, the better the boss. Probably my favorite quote on management came from President (and General) Dwight Eisenhower. He once said, “Hitting people over the head isn’t leadership, it’s assault.” Sure jerks do get your attention and possibly results over the short term. But most employees will flee at the first chance they get. There are just too many sane bosses out there to continue to slave away for a jerk.

You’ve got to be first to market. Microsoft seems to me to be the only company that consistently puts second-rate products on the market and lives to tell the tale. The rest of us have to pick our spots and often the first to market position can’t justify launching a crappy product. So it often pays to wait.

Innovation is the middle name of American corporations. Despite rising productivity, I believe that corporations in the U.S. are running on fumes. Don’t believe me? Listen to most people talk about the management of their companies. It’s not a pretty sight. I see far more innovation right now coming from abroad and from the not-for-profit sector and I think it’s time that corporations started walking their talk.

Corporations are drowning in regulation. Tyco, Enron, WorldCom, etc. left in their wake Sarbanes Oxley and a host of other regulations. Undoubtedly Lehman, Goldman Sacks, etc. will leave their mark too. There is a lot of talk now about how corporations are being held back by senseless regulations. I hate filling out government forms as much as the next guy, but these laws came into place because of abuse by corporations. And in order to maintain the trust of the average investor these regulations need to remain in effect, no matter how much whining you hear from big business.

The bottom line isn’t just the bottom line. If I’ve learned one thing as an observer of business and the founder of four corporations, it’s that there are many bottom lines for a business. In addition to economic there are also social and environmental considerations. The financials really only are a part of the picture. The sooner that corporations take a broader view of the bottom line, the sooner they’ll begin to fully reach their potential.

About the Author: Bob Rosner is a best-selling author and award-winning journalist. His web site, workplace911.com, contains a comprehensive archive of strategies for surviving today’s workplace. He is a fan of Workplace Fairness and can be reached via bob@workplace911.com.

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