Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘worker safety’

“Complacency Killed My Brother!”

Wednesday, October 24th, 2018

A couple of months ago, I wrote a post about how “freak accidents” are neither “freak,” nor “accidental.” As I explained then:

First, the phrase implies that this type of incident hardly ever happens and there is, therefore, not much you can do about it. In fact, the phrase “freak accident” is a double-whammy. Not only does the word “freak” imply “rare,” but the word “accident,” defined as “an unfortunate incident that happens unexpectedly and unintentionally, typically resulting in damage or injury,” implies that the event was unexpected.

One of the examples of an fatality that was labeled a “freak accident” was the tragic death of Marty Dale Whitmire in Greenville, South Carolina, in April 2017.  Whitmire was working on a paving operation when his truck clipped a live power line, which fell on him — a tragic, far-too-common — and completely preventable — cause of worker death.

Yesterday, Marty Whitmire’s nephew, Melvin Whitmire, posted a comment on that post which I am reprinting below to give it more attention. I defy you to read it without boiling over, and crying at the same time:

Thank you so much for your article about the “freak” “”accident”” in Greenville SC involving the electrocution that occurred on a paving job site.

April 11, 2017 is a day my family and I will NEVER forget. Marty was my like a brother to me. He was actually my Uncle (my fathers baby brother) but because he was only 8 years older than me we were very close when I was a child and as I became an adult we grew to be best friends. He used to tell everyone that he and I were brothers.

Marty worked on my crew as a Pipefitter for 4+\- years and the company we were working for layed him off in November of 2016. That’s when he took the job at King Asphalt to keep busy until the layoff ended. He wasn’t experienced and he was a flag man for the first 4 months he worked there. Towards the end of March 2017 he was “promoted” to the job the position that he was working when he was tragically killed, not accidentally either. This happened in my opinion (I have 22 years in Industrial Pipefitting an OSHA 30, and experience as Site Specific Safety Officer on a Federal Jobsite) due to Marty’s absence of proper training on the machine and lack of training for the foreman in the job. The power lines were  lower than required  by national code, the pole was not up to national codes, the spotter was out that day and no one filled his position and SCDOT inspector  was sitting in his truck onsite because the road being paved was a State Road. The road has more overhead lines crossing the road than the average road in that particular area that the incident occurred, and no one notified the power company about safeguarding the power lines before work began. COMPLACENCY killed my “brother”!!!! This could have been avoided if either the paving or power company or SCDOT would  have fulfilled their obligations to provide a safe place to work.

Another piece of information not reported was…….
The foreman on the paving crew was Marty’s son. My cousin watched his Daddy as he was being electrocuted for 20+\- minutes until the power company arrived to shutdown the 7200 volt line that lay across Marty’s body. The power never tripped a fuse or transformer. It stayed live until the power company got onsite. NOT A ACCIDENT. A FAILURE TO PREVENT this from happening is what is so “FREAKY” and unbelievable.

Moral of the story: Most workplace “accidents” are not accidents; nor are they “freak.”  Most workplace fatalities are preventable. There is plenty of information out there if employers don’t understand how to make their workplaces safe. Melvin is right: it wasn’t an act of God or “just one of those things” that killed his brother; it was the employer’s complacency and violation of safety standards and the law.

Finally, every worker killed in the workplace is a tragedy and a loss that brothers, sisters, nieces, nephews, friends, co-workers, spouses, children and parents can never fully recover from.

This blog was originally published at Confined Space on October 23, 2018. 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).

Workplace Deaths Are Rising. Trump-Era Budget Cuts Could Make It Worse.

Monday, June 18th, 2018

In an alarming development in the world of workplace safety, the latest statistics reveal that the number of accidental deaths on the job in America is on the rise, reversing the longer-term trend toward fewer fatal incidents.

The number of deaths hit a total of 5,190 in 2016, up from 4,836 in 2015, according to an April 2018 report by the AFL-CIO. That’s about 14 deaths each day from preventable worker accidents. It’s also the third year in a row that the number has inched up, and the highest death rate since 2010, the labor federation reported.

Workplace safety systems are “definitely in the failure mode,” says Peter Dooley, a consultant with the National Council for Occupational Safety and Health who was worked closely with labor unions over the years. “In the last two years it is getting dramatically worse. It’s just outrageous.” 

The precise reasons for the rise are not simply stated, adds Peg Seminario, AFL-CIO’s long-time director of occupational safety and health. Overall patterns such as very high rates of injury in the logging and construction industries are consistent over time, she says, and there is no single employment trend that accounts for the recent rise. “The numbers are actually down in construction, but they are up almost everywhere else,” she says.

Inadequate enforcement of existing safety rules is the most commonly cited explanation for the rise, Seminario tells In These Times. A Jan. 8 report from NBC News estimates that the Labor Department’s Occupational Safety and Health Administration (OSHA) employs only about 1,000 inspectors to cover all workplaces in America—and that the number of inspectors has declined four percent since President Donald Trump took office. The number of inspectors is far too low to be effective, Seminario suggests, and OSHA has been “under resourced” for years, including during the Obama administration years.

“Construction is a good example. OSHA has a big focus on construction and construction deaths are down. The areas where OSHA has less interest are up,” she says

The figures cited by Seminario and Dooley are taken from the Census of Fatal Occupational Injuries published annually by the Bureau of Labor Statistics. The way the figures are compiled is a problem in itself, Dooley says, because it zealously protects the anonymity of employers. That diverts attention from specific workplace behavior that needs close examination and corrective action to reduce accidental deaths over time, he says. 

The National Council’s answer to this problem is to publish its own “Dirty Dozen” list of employers notable for health and safety problems among their workforces. The Council uses a standard of measurement that includes non-fatal injuries and other factors, but the list stands out in that it names some very well-known companies. For example, the online retailer Amazon is on the list because it has seen seven of its warehouse workers killed since 2013. Lowe’s Home Improvement operations have seen a total of 56 deaths associated with paint stripping chemicals. And the largest garbage disposal company in the United States, Waste Management, has had an excessive number of OSHA citations and fines. Other companies on the list are Tesla Motors and Dine Brands Global (owner of IHOP and Applebee’s restaurants).

“There is injustice in the Bureau of Labor Statistics as a totally anonymous database. There is no public record of who is dying and who the employers are,” Dooley says. The information actually does exist deep in the Labor Department files, he adds, but government policy is to keep this information out of public hands, or for use by safety experts. “This needs to be changed,” he says.

Seminario and Dooley agree that the worker safety signals coming from the Trump administration are troubling, even if the statistics are not up-to-date enough to make a direct link to increased workplace deaths. Trump’s budget proposal last year called for a 21 percent cut in Department of Labor spending, and the initial proposal for this year call for a 9 percent cut. Congress pared back last year’s proposed cut, and is expected to do so again this year, but it is clear that current Labor Department officials have no plans to take the initiative against the rise in workplace deaths, Dooley charges.

In issuing its report, the AFL-CIO noted: “The Trump administration has moved to weaken recently issued rules on beryllium and mine examinations and has delayed or abandoned the development of new protections, including regulations on workplace violence, infectious diseases, silica in mining and combustible dust.”

“At the same time, Congress is pushing forward with numerous ‘regulatory reform’ bills that would require review and culling of existing rules, make costs the primary consideration in adopting regulations, and making it virtually impossible to issue new protections.”

The reference to workplace violence represents one of the most troubling statistics buried in the government reports. According to a press release from the Bureau of Labor Statistics, “Workplace homicides increased by 83 cases to 500 in 2016, and workplace suicides increased by 62 to 291. This is the highest homicide figure since 2010 and the most suicides since the National Census of Fatal Occupational Injuries began reporting data in 1992.”

“It’s a very complicated problem,” observes Seminario. “You can devise safety regulations to avoid common and predictable accidents. But how do you do that with a homicide?”

This article was originally published at In These Times on June 18, 2018. Reprinted with permission. 

About the Author: Bruce Vail is a Baltimore-based freelance writer with decades of experience covering labor and business stories for newspapers, magazines and new media. He was a reporter for Bloomberg BNA’s Daily Labor Report, covering collective bargaining issues in a wide range of industries, and a maritime industry reporter and editor for the Journal of Commerce, serving both in the newspaper’s New York City headquarters and in the Washington, D.C. bureau.

Tesla expands worker injury list 1 week after Elon Musk criticizes media for reporting on it

Wednesday, May 30th, 2018

Tesla has expanded its list of worker injuries following a report published in Reveal from The Center for Investigative Reporting, which flagged under-counting and safety problems at the company’s Fremont, California facility last month.

The move also comes one week after CEO and founder Elon Musk blasted the media for reporting on the discrepancies and threatened to start a Yelp-like site to rate journalists.

“Tesla disputed our reporting showing that it left worker injuries off the books,” Reveal tweeted Tuesday. “Now, it’s begun adding some of the injuries that had been missing.

The original Reveal report, published on April 16, claimed that Tesla officials were under-reporting work-related injuries sustained by employees in order to make the company’s safety numbers appear more favorable to industry critics. The company instead wrote many complaints off as “personal medical issues or minor incidents requiring only first aid,” according to internal company records. In May, pressure on the company doubled after an unfavorable review by Consumer Reports found troubling flaws in the Tesla Model 3’s braking system, the second critical report from the austere publication.

Responding to the criticism last week, Musk went on a Twitter rant, claiming that the negative press was part of “a calculated disinformation campaign.”

“The holier-than-thou hypocrisy of big media companies who lay claim to the truth, but publish only enough to sugarcoat the lie, is why the public no longer respects them,” he tweeted.

A short while later, after several followers accused him of emulating President Trump’s media bullying tactics, he added, “Thought you’d say that. Anytime anyone criticizes the media, the media shrieks ‘You’re just like Trump!’ Why do you think he got elected in the first place? Because no ones believes you any more. You lost your credibility a long time ago.”

Musk then claimed he would “create a site where the public can rate the core truth of any article & track the credibility score over time of each journalist, editor & publication.”

“Thinking of calling it Pravda,” he tweeted, the name borrowed from the state-run newspaper of Soviet Russia. When asked if the site would work like Yelp, where users can rate local businesses and leave reviews, Musk added, “Exactly.”

(As science and tech reporter Mark Harris noted, Musk may be planning to follow through on his tweets: in October 2017, one of Musk’s associates, Jared Birchall, incorporated a “Pravda Corp” in the state of California. After Harris tweeted the incorporation documents, Musk simply replied with a smiling emoji.)

Reveal’s criticisms appear to have some merit, however. As the outlet noted on Tuesday, following Musk’s Twitter rant and the earlier media reports, Tesla officials allegedly quietly revised the company’s books to add more names to the company’s list of worker injuries, including at least “13 injuries from 2017 that had been missing when Tesla certified its legally mandated injury report earlier this year.”

“Alaa Alkhafagi, for example, smashed his face and arm in the paint department last fall. He said he had been asked to perform a task for which he had no training,” reporter Will Evans wrote. “At the time of the injury, Tesla didn’t put Alkhafagi on official injury logs, even though the accident caused him to miss work. …By late April, Tesla had added him to the 2017 logs, dating his injury Oct. 1 and noting that he missed three days of work because of it.”

Evans flagged that the company “has yet to record all of the 2017 injuries it should have by law…[and] might not face a penalty for it.”

Tesla has claimed it was simply complying with state laws in adding the new cases to its list. “[W]e’ve added only a small fraction…to our 2017 logs, amounting to less than 2 percent of our 2017 injuries,” the company said in a statement to Reveal. “This is a normal part of ensuring our records are accurate. In fact, this is precisely what OSHA regulations require that companies do.”

Musk has not yet personally responded to the latest Reveal report on Twitter.

This article was originally published at ThinkProgress on May 29, 2018. Reprinted with permission.
About the Author: Melanie Schmitz is an editor at ThinkProgress. She formerly worked at Bustle and Romper.

15 Things You Need to Know from the 2018 Death on the Job Report

Thursday, April 26th, 2018

For the 27th year in a row, the AFL-CIO has produced Death on the Job: The Toll of Neglect. The report gathers evidence on the state of safety and health protections for America’s workers.

Passed in 1970, the Occupational Safety and Health Act has saved the lives of more than 559,000 working people. President Barack Obama had a strong record of improving working conditions by strengthening enforcement, issuing key safety and health standards, and improving anti-retaliation and other protections for workers. Donald Trump, on the other hand, has moved aggressively on his deregulatory agenda, repealing and delaying job safety and other rules, and proposing deep cuts to the budget and the elimination of worker safety and health training programs.

These are challenging times for working people and their unions, and the prospects for worker safety and health protections are uncertain. What is clear, however, is that the toll of workplace injury, illness and death remains too high, and too many workers remain at serious risk. There is much more work to be done. Here are 15 key things you need to know from this year’s report, which primarily covers data from 2016.

  1. 150 workers died each day from hazardous working conditions.

  2. 5,190 workers were killed on the job in the United States—an increase from 4,836 deaths the previous year.

  3. An additional 50,000 to 60,000 workers died from occupational diseases.

  4. The job fatality rate increased to 3.6 per 100,000 workers from 3.4 per 100,000 workers.

  5. Service-providing industries saw the largest increase in the job fatality rate. The rate declined in manufacturing and mining and was unchanged in construction—all industries that receive the greatest oversight from OSHA or the Mine Safety and Health Administration.

  6. Employers reported nearly 3.7 million work-related injuries and illnesses.

  7. Underreporting is widespread—the true toll of work-related injuries and illnesses is 7.4 million to 11.1 million each year.

  8. The states with the highest job fatality rates were Wyoming, Alaska, Montana, South Dakota and North Dakota.

  9. Workplace violence deaths increased significantly. The 866 worker deaths caused by violence in 2016 made it the second-leading cause of workplace death. Violence also was responsible for more than 27,000 lost-time injuries.

  10. Women are at greater risk than men; they suffered two-thirds of the lost-time injuries related to workplace violence.

  11. There is no federal OSHA standard to protect workers from workplace violence; the Trump administration has sidelined an OSHA workplace violence standard.

  12. Latino and immigrant workers’ safety and health has improved, but the risk to these workers still is greater than other workers.

  13. Older workers are at high risk, with 36% of all worker fatalities occurring among those ages 55 or older.

  14. The industries with the most deaths were construction, transportation, agriculture, and mining and extraction.

  15. The cost of job injuries and illnesses is enormous—estimated at $250 billion to $360 billion a year.

The Trump administration and the Republican majority in Congress have launched a major assault on regulatory protections and are moving aggressively to roll back regulations, block new protections, and put agency budgets and programs on the chopping block. The data in this year’s Death on the Job report shows that now is a time when workers need more job safety and health protection, not less.

Toiling Over a “Puddle of Blood”: Why These Warehouse Workers Are Standing Up to Abuses

Monday, April 23rd, 2018

Fifty years ago, Dr. Martin Luther King Jr. lent his support to the historic Memphis sanitation workers’ strike. Today, the safe working conditions that strikers fought for in 1968 remain elusive for low-wage workers in one Memphis warehouse.

Workers at the XPO Logistics warehouse in Memphis announced in early April that they had filed a complaint to the Equal Employment Opportunity Commission (EEOC) alleging rampant abuse, including sexual harassment. On April 3, workers held a rally with the International Brotherhood of Teamsters (IBT) to coincide with the filing of the EEOC complaint.

The complaint was triggered by an XPO worker’s death that co-workers attribute to company policies which restrict workers from leaving the job. In October 2017, Linda Neal, 58, died at work after passing out on the job. Workers allege that a supervisor denied Neal being given CPR by a co-worker. Medical reports confirmed that Neal died of a heart attack caused by cardiovascular disease.

XPO Logistics, based in Connecticut, has warehouses across the country and a market value of nearly $9 billion. The company provides transportation, delivery and logistics for Verizon, Ikea, Home Depot and other retailers. The Memphis warehouse has more than 300 permanent employees and more than 400 temporary workers.

Lakeisha Nelson, who has worked for XPO since 2014 and was close to Neal, tells In These Times, “[Neal] was a mother figure to a lot of us, and we had to become family in that building. We had to work over the puddle of blood that was left behind the next morning, and that hurt me to my core.”

Nelson believes company policy played a role in Neal’s death, recalling that an XPO supervisor would not allow Neal to leave work when she expressed she was feeling ill.

“She told them she wasn’t feeling well and this was just XPO’s policy,” says Nelson. “I don’t blame the supervisor, he was just doing his job. This is what he has to do in order to keep his job—don’t let anyone go home.”

“The only thing that’s important to XPO is them making money, and if it takes our lives to get their money, then our lives are expendable,” says Nelson. “And they tell us all, if you don’t like the way we do things, find another job. It’s very, very easy to get fired there.”

Staff workers have filed multiple complaints regarding safety hazards and dangerous working conditions, but little has been done by management to address them, according to Nelson.

Nelson says the building and ceiling are caving in while workers face harsh temperatures inside that fluctuate with the weather, and that sweaters are only allowed if they are purchased through the company.

The forgotten women of #MeToo

Sexual harassment at the company is another issue that has gone unsolved, despite attempts to get Human Resources involved, according to Nelson.

The warehouse has a history of sexual harassment. In 2015, New Breed Logistics, which was acquired by XPO in 2014, lost a $1.5 million dollar suit after a male supervisor sexually harassed three female temporary workers who were then terminated for refusing his advances.

Elizabeth Gedmark is a senior staff attorney for A Better Balance, an organization that promotes paid leave and other family-friendly policies, and which is supporting the Memphis warehouse workers. She says that low-wage workers are particularly at risk of harassment. 

“The notion that you can just quit and leave your job when you’re faced with sexual harassment or discrimination does not apply to a low-wage worker needing to get by living paycheck to paycheck,” Gedmark tells In These Times. “If she does file a complaint, she faces a very real likelihood of retaliation.

“They’re very much a part of the global #MeToo movement that’s not just about movie stars or wealthy women, it’s really about these women being put front and center, the hard-working, average women who too often go unnoticed.”

Next steps

Restrictive scheduling and time-off policies are also affecting XPO workers’ personal lives. Nelson claims that workers often do not know when their shift will end and have little to no notice of overtime.

Elizabeth Howley, 38, is the operational administrator for the Memphis warehouse and has been at the company for six years. Howley has also expressed concerns over poor working conditions, claiming workers have been forced to deal with bugs, snakes and other creatures infesting the workplace. But, she says, the strict hours are what have most driven emotional stress in her personal life.

Howley says that most of the women working at the warehouse are single mothers, and being separated from their families and children for long periods have taken a toll on them. When Howley’s oldest son dropped out of high school, she says, she was unable to get out of work to help get him back into school. 

“I’ve lost so much time with my children in the past five or six years being with this company and it hurts because my kids are in need of me and I can’t be there for them,” Howley tells In These Times. “I had to apologize, saying ‘I’m sorry, son, I don’t have PTO time to get you back into school.’”

The Memphis XPO warehouse workers are currently working with IBT to address these issues and improve the safety conditions and end the harassment that continues in their workplace. They are in the early stages of organizing, and IBT General President James P. Hoffa has pledged to back them in their union drive. They have also earned the support of civil and women’s rights groups such as the NAACP and National Women’s Law Center.

“Maybe by exposing XPO and the conditions that they make these workers work under will bring about a change,” Felicia Walker, an international organizer for IBT, tells In These Times. “These are human beings, not animals. There are laws to protect animals from that treatment, what about humans?”

This article was originally published at In These Times on April 23, 2018. Reprinted with permission. 

About the Author: Mica Soellner is a journalist currently based in Washington D.C. She has written for a variety of global outlets and is interested in pursuing stories about issues in the workplace.

Production Over Safety at Tesla: “People are getting hurt every day”

Friday, April 20th, 2018

Elon Musk, owner of SpaceX and Tesla is a seriously strange and driven guy. That can be a good thing in some circumstances and even amusing if it’s your next door neighbor or crazy uncle. But when you own a major car company, it can mean workers getting hurt or killed. Last May we wrote about a report chronicling Tesla’s poor safety record. And things apparently aren’t getting any better.

After interviewing more than three dozen current and former employees and managers — including five former members of its environment, health and safety team —  and reviewing hundreds of pages of documents, a major investigative piece by Will Evans and Alyssa Jeong Perry at Reveal and the Center for Investigative reporting found that Tesla is ignoring major health and safety issues in their Fremont, California plant and is making the company’s injury numbers look better than they actually are by repeatedly failing to report some of its serious injuries on legally mandated OSHA reports.

Why? Production over safety:  “Everything took a back seat to production,” according to Justine White, a former safety lead, “It’s just a matter of time before somebody gets killed.”

Almost every day there is an article describing Tesla’s failure to meet its self imposed deadline for delivery of its moderately priced Model 3. And Musk seems to be taking out on his employees.

Elon Doesn’t Want Signs

And second, as I mentioned above, Elon Musk is a seriously weird guy who doesn’t like yellow lines on the floor (that set pedestrian safety lanes to avoid fork lifts) or clutter caused by safety signs, or noise caused by back-up beepers. So unpleasant!

In her March 2017 resignation letter, White recounted the time she told her boss, Seth Woody, “that the plant layout was extremely dangerous to pedestrians.” Woody, head of the safety team, told her “that Elon didn’t want signs, anything yellow (like caution tape) or to wear safety shoes in the plant” and acknowledged it “was a mess,” she wrote.

So what are we talking about? Exposure to un-monitored toxic chemicals, heavy manual lifting because mechanical lifts are too slow, lack of training, musculoskeletal injuries and on and on. 

Elon didn’t want signs, anything yellow (like caution tape) or to wear safety shoes in the plant

There’s this:

Last April, Tarik Logan suffered debilitating headaches from the fumes of a toxic glue he had to use at the plant. He texted his mom: “I’m n hella pain foreal something ain’t right.” The searing pain became so unbearable he couldn’t work, and it plagued him for weeks.

But Logan’s inhalation injury, as it was diagnosed, never made it onto the official injury logs that state and federal law requires companies to keep. Neither did reports from other factory workers of sprains, strains and repetitive stress injuries from piecing together Tesla’s sleek cars. Instead, company officials labeled the injuries personal medical issues or minor incidents requiring only first aid, according to internal company records obtained by Reveal.

And this:

When building Tesla’s other cars, former workers said they had to sacrifice their bodies to save time. Some workers, for example, lifted heavy car seats over their shoulders because the mechanical assists designed to ease the load were too slow, said Joel Barraza, a former production associate.

“People would carry a seat because they’d be like, ‘Oh, I gotta get this done.’ I personally carried a seat,” Barraza said. “They’re supposed to move. Move it on, move it on, keep the line going.”

White, the former safety lead, also said workers sometimes lifted seats manually, but Tesla, in a statement, said it doesn’t happen.

A former Tesla safety professional … said the company systematically undercounted injuries by mislabeling them

And this:

A former Tesla safety professional … said the company systematically undercounted injuries by mislabeling them. “I saw injuries on there like broken bones and lacerations that they were saying were not recordable” as injuries, said the safety professional, who asked to remain anonymous. “I saw a lot of stuff that was like, ‘Wow, this is crazy.’ ”

Even where supervisors labeled an injury job-related, it often didn’t get recorded on OSHA logs:

For a dozen examples provided to the company by Reveal, Tesla stood by its decision to not count them. It said workers may have thought they were injured because of their jobs, and supervisors may have assumed the same. But later, Tesla said, a medical professional – sometimes contracted or affiliated with the company – determined there was no connection to work.

 “It’s just a matter of time before somebody gets killed.”  – Justine White, former Tesla safety lead

And then there are injuries suffered by temporary workers. Companies must count those injuries if they supervise the temps:

At one point, though, White said she asked her supervisor why the injury rate seemed off, and he told her they weren’t counting temp worker injuries.

“They knew they were reporting incorrect numbers,” White said. “Those workers were being injured on the floor and that wasn’t being captured, and they knew that.”

Tesla began to fix that problem in 2017, former employees said, but it’s unclear how consistently.

After workers requested the company’s injury logs last year, Tesla amended its original 2016 report to add 135 injuries that hadn’t been counted previously. The company said it changed the numbers after it discovered injuries that hadn’t been shared with Tesla by its temp agencies.

Average Isn’t Good Enough…Until It Is

Now, we wrote about the health and safety problems at Tesla last year after Worksafe, a California-based organization that works to prevent injury, illness, and death, issued a report finding that the rate of serious worker injuries at Tesla’s Fremont, California plant was approximately double the auto industry rate for 2015. Tesla rebutted that in 2017, Tesla’s overall injury rate was dramatically better in the first quarter of the year. And Musk later stated that even being “average” wasn’t good enough for him. He wanted to be better than average:

Last year, Musk claimed in a staffwide email and at a shareholder meeting that the company’s injury rate was much better than the industry average. A company blog post said that to be average would be “to go backwards.”

Then Tesla apparently did hit reverse.

“Our 2017 data showed that we are at industry average, so we’re happy about that,” Shelby said, explaining the earlier claims as a “snapshot in time.”

A Calculated Disinformation Campaign Driven by Extremists

So how did Tesla respond to the Reveal investigation? Maybe something like “thanks for pointing out these serious problems. We will do whatever is necessary, no matter the cost, to fix them?”

Not exactly. More like a statement accusing Reveal of being a tool in an ongoing unionization drive and portraying “a completely false picture of Tesla and what it is actually like to work here.”

“In our view, what they portray as investigative journalism is in fact an ideologically motivated attack by an extremist organization working directly with union supporters to create a calculated disinformation campaign against Tesla.”

Well at least they didn’t call the Reveal journalists “slime bags.”

The UAW has been trying to organize the plant for some time. The authors of the article noted that “Some of the workers who spoke to Reveal have supported the unionization effort, while many others – including safety professionals – had no involvement.”

Volks Redux

And one more thing that wasn’t mentioned in the article. You all may remember last March when Congress repealed OSHA’s Volks regulation that would have allowed OSHA to continue enforcing a requirement that employers maintain accurate injury and illness records for a period of five years.  What that means is that in this case, let’s say OSHA launches an inspection of Tesla on May 1 and finds dozens or hundreds of cases of chronically and deliberately inaccurate recording of injuries and illnesses over the past five years. And let’s say it then takes OSHA four months to issue a citation. Due to the repeal of the Volks rule, OSHA would only be able to cite inaccurate recordkeeping for the months of March and April 2018, and most like issue a tiny penalty.

As we’ve described before, OSHA has in the past used large recordkeeping citations to drive major health and safety improvements in large companies and throughout entire industries. But no more. Thanks Trump (and Ryan and McConnell)

Now, of course, Tesla is in California and is under CalOSHA’s authority, not federal OSHA’s authority.  It’s unclear to me whether the Volks case, which limited OSHA recordkeeping citations to six months, applies in California. (Those who know the answer, feel free to use the comment link below.)

I Can’t Sleep Here at Tesla

Former safety lead Justine White’s story says everything there is to say about Tesla’s approach to workplace safety:

A few months into her job, White became so alarmed that she wrote to a human resources manager that “the risk of injury is too high. People are getting hurt every day and near-hit incidents where people are getting almost crushed or hit by cars is unacceptable.”

The next day, she emailed Sam Teller, Musk’s chief of staff, that safety team leaders were failing to address the hazards.

“I know what can keep a person up at night regarding safety,” she wrote. “I must tell you that I can’t sleep here at Tesla.”

She said she never heard back from Musk’s office. She transferred departments and quit a couple months later, disillusioned.

Meanwhile, we hear that CalOSHA has opened a new inspection at Tesla.

Stay tuned.

This blog was originally published at Confined Space on April 18, 2018. 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).

The Lessons of the Triangle Shirtwaist Fire Are Still Relevant 107 Years Later

Monday, March 26th, 2018

On March 25, 1911, a fire broke out on the top floors of the Triangle Shirtwaist factory. Firefighters arrived at the scene, but their ladders weren’t tall enough to reach the impacted area. Trapped inside because the owners had locked the fire escape exit doors, workers jumped to their deaths. Thirty minutes later, the fire was over, and 146 of the 500 workers—mostly young women—were dead.

Many of us have read about the tragic Triangle fire in school textbooks. But the fire alone wasn’t what made the shirtwaist makers such a focal point for worker safety. In fact, workplace deaths weren’t uncommon at the time. It is estimated that more than 100 workers died every day on the job around 1911.

A week after the fire, Anne Morgan and Alva Belmont hosted a meeting at the Metropolitan Opera House to demand action on fire safety, and people of all backgrounds packed the hall. A few days later, more than 350,000 people participated in a funeral march for those lost at Triangle.

Three months later, responding to pressure from activists, New York’s governor signed a law creating the Factory Investigating Commission, which had unprecedented powers. The commission investigated nearly 2,000 factories in dozens of industries and, with the help of such workers’ rights advocates as Frances Perkins, enacted eight laws covering fire safety, factory inspections, and sanitation and employment rules for women and children. The following year, they pushed for 25 more laws—entirely revamping New York State’s labor protections and creating a state Department of Labor to enforce them. During the Roosevelt administration, Perkins and Robert Wagner (who chaired the commission) helped create the nation’s most sweeping worker protections through the New Deal, including the National Labor Relations Act.

The shirtwaist makers’ story inspired hundreds of activists across the state and the nation to push for fundamental reforms. And while there have been successes along the way, the problems that led to the Triangle fire are still present today. It was just five years ago, for instance, that the Rana Plaza collapse in Bangladesh killed more than 1,100 garment workers.

As worker health and safety continues to be a significant issue both in the United States and abroad, the AFL-CIO took a strong stand at our 2017 Convention, passing a resolution on worker safety:

The right to a safe job is a fundamental worker right and a core union value. Every worker should be able to go to work and return home safely at the end of the day.

Throughout our entire history, through organizing, bargaining, education, legislation and mobilization, working people and their unions have fought for safe and healthful working conditions to protect workers from injury, illnesses and death. We have made real progress, winning strong laws and protections that have made jobs safer and saved workers’ lives.

Over the years, our fight has gotten harder as employers’ opposition to workers’ rights and protections has grown, and attacks on unions have intensified. We haven’t backed down. Most recently, after decades-long struggles, joining with allies we won groundbreaking standards to protect workers from silica, beryllium and coal dust, and stronger protections for workers to report injuries and exercise other safety and health rights.

Now all these hard-won gains are threatened. President Trump and many Republicans in Congress have launched an aggressive assault on worker protections.

The worker protections under assault include:

  • Trump’s proposed fiscal year 2019 budget cuts funding for the Department of Labor by 21%, including a 40% cut in job training for low-income adults, youth, and dislocated workers and the elimination of the Labor Department’s employment program for older workers.
  • The budget also proposes to cut the Occupational Safety and Health Administration budget, eliminate OSHA’s worker training program and cut funding for coal mine enforcement, while proposing a 22% increase for the Office of Labor-Management Standards’ oversight of unions.
  • The budget also proposes to slash the National Institute for Occupational Safety and Health’s job safety research budget by 40%, to move NIOSH to the National Institutes of Health from the Centers for Disease Control and Prevention, and to remove the World Trade Center Health Program from NIOSH’s direction.
  • OSHA delayed the effective date of the final beryllium standard originally issued in January 2017. Then it delayed enforcement of the standard until May 11, 2018. In June 2017, OSHA proposed to weaken the beryllium rule as it applies to the construction and maritime industries.
  • OSHA delayed enforcement of the silica standard in construction, which in December was fully upheld by the U.S. Court of Appeals for the District of Columbia Circuit.
  • OSHA delayed the requirement for employers to electronically report summary injury and illness information to the agency set to go into effect on July 1, 2017, until December 31, 2017. OSHA has announced it intends to issue a proposal to revise or revoke some provisions of the rule.
  • OSHA withdrew its policy that gave nonunion workers the right to have a representative participate in OSHA enforcement inspections on their behalf.
  • The Mine Safety and Health Administration delayed the mine examination rule for metal and nonmetal mines from May 23, 2017, until Oct. 2, 2017, and then again until March 2, 2018. MSHA also proposed weakening changes to the rule, including delaying mine inspections until after work has begun, instead of before work commences.
  • In November 2017, MSHA announced it would revisit the 2014 Coal Dust standard to examine its effectiveness and whether it should be modified to be less burdensome on industry. This comes at the same time NIOSH reported 400 cases of advanced black lung found by three clinics in Kentucky.
  • OSHA withdrew over a dozen rules from the regulatory agenda, including standards on combustible dust, styrene, 1-bromopropane, noise in construction and an update of permissible exposure limits.
  • The agency also suspended work on critical OSHA standards on workplace violence, infectious diseases, process safety management and emergency preparedness.
  • MSHA withdrew rules on civil penalties and refuge alternatives in coal mines from the regulatory agenda and suspended work on new standards on silica and proximity detection systems for mobile mining equipment.

The Triangle Shirtwaist tragedy took place 107 years ago today. We have a long way to go to make sure that we prevent the next such tragedy and keep working people safe and healthy.

Wendy’s refuses to join program protecting farm workers from sexual abuse

Monday, March 19th, 2018

When Silvia Perez came to Immokalee, Florida from Guatemala in 1993, there was one profession that made sense: working in the fields.

“Tomato-picking is the biggest industry in Florida, and you find out about it right when you arrive,” she said. “It’s bigger than textiles or the restaurant business.”

Perez got a job on a farm in Immokalee, where she was one of five women on a farm saturated with men; she made friends with two other women at work and they stuck together. Before long, their male supervisor began following them around while they worked. One day, he compared the tightness of their clothing and encouraged Perez to wear tighter shirts and more fashionable clothes.

Perez dealt with it. With two kids to feed and minimal fluency in English, she felt that tomato picking was the best option for her in her new home.

Then, in 2008, her supervisor touched her breasts.

“He asked me if they are real or fake,” she recalled. “I was so angry.”

She remembered the incident as she protested on the streets of New York City for the past five days in support of worker protections.

Worker protections, for Perez, are more than a lofty ideal; they are actively enforced by the Fair Food Program (FFP), launched by the Coalition of Immolakee Workers(CIW) in 2011. The FFP creates a partnership between farm workers, Florida tomato growers, and participating retail buyers to enforce fair wages, worker safety, and other basic protections for farm workers through a three-pronged model: it includes worker-to-worker education sessions about worker rights that are held on the farm and on the clock, it adds a premium to the price of tomatoes that becomes a direct bonus for the tomato pickers, and it enlists the help of the third-party Fair Food Standards Council, which conducts regular audits and carries out ongoing complaint investigation and resolution.

Fast food restaurants like McDonald’s, Burger King, Subway, Taco Bell, KFC, and Chipotle have all signed on to the FFP, which means they only purchase their vegetables from farms with these protections. But Wendy’s refuses to participate. That’s what brought Perez to New York, to join the CIW in their fast and protest against the fast food chain’s refusal to join.

On Thursday, outside the Manhattan hedge fund offices of Nelson Peltz, Wendy’s largest shareholder and chair of its Board of Directors, Perez made her voice heard.

“I am here as a mother to break the silence and to end the abuse that exists where Wendy’s buys their tomatoes,” Perez said. “We’re demonstrating and we’re being joined by students, by thousands of people. And they’re on our side. They’re listening to us. They come, they show up. We hope that Wendy’s will listen. If not, we will keep showing up.”

Denying dignity to farm workers

When Perez first faced sexual assault at work, she didn’t have many options. There was no union to report to, and, throughout the 2000s, workers’ rights in Florida were quickly disappearing as then-Gov. Jeb Bush (R) dismantled the state’s Department of Labor.

Her experience was nothing new. Farm workers in the United States have long faced sexual abuse, rape, and harassment in the fields — a problem exacerbated by the fact that many of the workers are undocumented immigrants who are more easily taken advantage of by individuals in power.

So, Perez continued to put up with it. Until 2008, when she heard about a solution in the form of the Coalition of Immokalee Workers, a grassroots organization launched in 1993 that advocates for worker justice through community organizing. In 2011, CIW started the Fair Food Program.

From the fields, Perez noticed improvements as corporations started signing onto the FFP. Water, bathrooms, and shade became available to her and her colleagues. Her pay increased. There was a system to report problems, including a 24-hour hotline that she and other pickers could call from anywhere. For the first time, she felt like she had a voice at work.

“If someone on the field had a headache, they could actually ask for a break,” Perez told ThinkProgress.

To those who have never worked in the fields, these changes may seem minor. However, they’re important enough that Perez worries about farm workers who aren’t protected by the FFP. She’s heard stories from pickers who have witnessed sexual abuse and wage theft on non-FFP-protected farms. She was horrified to read a 2014 Los Angeles Times exposé of human trafficking circles run on the Bioparques de Occidente farm in Mexico.

Perez and the rest of the CIW said their dignity should be at the center of Wendy’s transactions.

Laura Espinoza, director of the Fair Food Standards Council, the third-party organization that oversees the FFP, agreed. She called the FFP an all-around beneficial situation: buyers get transparency from their supply chain, growers oversee safe, secure workplaces, turnover among workers on farms decreases, and tomato pickers like Perez are safe at their jobs.

Wendy’s isn’t alone. Although the FFP has seen growth — since 2011, it’s expanded to include seven states, three crops, and continues to get support from the fast food industry — there’s been a steady increase in U.S. buyers sourcing tomatoes from Mexico, said Jennifer Bond, an agricultural economist at the U.S. Department of Agriculture.

It’s problematic, as the success of the FFP hinges on buyers joining. With a surplus of farms that provide cheaper — and perhaps, as Wendy’s claims, riper — tomatoes, there is a strong financial incentive for companies like Wendy’s not to sign on to an agreement that promotes human rights.

“We at the Council are able to stop abuses because we go out to the farms and say, ‘If this doesn’t stop, you will not be able to sell your produce to our participating buyers.’ That’s what Wendy’s is denying to farm workers,” Espinoza said.

She cited a 2017 lawsuit in which a female farm worker at Favorite Farms in Tampa, Florida was sexually harassed and raped by her supervisor. When she reported the incidents, she was suspended, then fired. The U.S. Equal Employment Opportunity Commission (EEOC) sued the farm and won the lawsuit, but Espinoza said that didn’t provide enough long-term protection for the workers on that farm.

“With the FFP, if a farm worker or grower is found guilty of sexual assault or retaliation, they are banned from all FFP-participating farms,” she said. “But that individual can work at Wendy’s. Because they’re not enforcing these basic human rights.”

“We are here to be heard”

By sunset on Thursday evening, the dozens of Immokalee workers in New York were joined by thousands of marchers. Native New Yorkers, faith leaders, workers from outside of Florida, and students on spring break from as far as Indiana proceeded in front of Peltz’s building chanting, drumming, and carrying signs urging onlookers to boycott Wendy’s, to support human rights, and to buy fair food. It was day five of the protest, and the marchers were energized as they made their way from Park Avenue to a park opposite the United Nations where the air boomed with the voices of five women on a makeshift stage who were rapping about rights and being American.

For Perez, it was gratifying to be surrounded with such a show of support. Now, she hopes that Wendy’s will finally agree to prioritize the rights of pickers like her.

“Wendy’s is supporting the problem. They buy tomatoes where respect doesn’t exist, where there are no rights for workers,” Perez said amid the noise. “Wendy’s says that tomatoes are more fresh, more delicious. But they don’t know about the life of the workers. We are here to be heard.”

This article was originally published at ThinkProgress on March 16, 2018. Reprinted with permission. 

About the Author: Gina Ciliberto is a writer based in New York City. She covers social justice issues for the Dominican Sisters of Hope, among others.

Trump’s Worker Safety & Health Budget Again Undermines Worker Safety & Health

Friday, February 16th, 2018

Earlier this week, President Trump submitted his Fiscal Year 2019 budget proposal. This is his second budget proposal, and like the first, although it left OSHA’s budget fairly flat, it once again proposes to slash or eliminate important safety and health programs and agencies.  And this is Trump’s second OSHA budget that has been proposed with no Assistant Secretary yet in residence.  Scott Mugno’s nomination continues to languish in the Senate.

First, the good news. With one major exception (see below), OSHA’s budget would remain mostly level– with a small $5.1 million (2.4% and 42 full time employees) increase over FY 2017 in the enforcement budget, as well as a small $3 million (4.2%) increase in compliance assistance — mostly to add Compliance Assistance Specialists who had been cut in previous years due to budget limitations, and an addition of eight staff to work exclusively on the Voluntary Protection Programs.

Meanwhile, in addition to trying once again to eliminate the Susan Harwood Training Grant Program and the Chemical Safety Board, the administration’s proposal also eliminates two OSHA Advisory Committees dealing with whistleblower protections and federal employee safety and health.

Harwood and the Chemical Safety Board: Deja Vu All Over Again

In what can only be characterized as the triumph of hope over experience, the Trump administration has yet again proposed the elimination of OSHA’s Susan Harwood Worker Training Program and the independent Chemical Safety Board — two proposals that had about as much lift as a Butterball Turkey when the administration floated these ideas in its FY 2018 budget.

Now this budget is not necessarily bad news for us bloggers. I mean, I don’t have to write any new stories about how terrible the elimination of the Susan Harwood Worker Training Program would be for the safety of workers — especially vulnerable workers like the mostly immigrant day-laborers who have been rebuilding Houston after Hurricane Harvey.

And I don’t have to write much new about how pointless the elimination of the Chemical Safety Board would be for chemical plant safety — and the safety of workers at the plants and communities surrounding the plants.

Because you, good readers, already know all of that. But perhaps more important, Congress already knows that. Certainly both the House and the Senate understand the importance of the Chemical Safety Board as they displayed when the relevant Appropriations bills in both houses voted to keep the CSB fully funded in the 2018 budget after the Trump administration recommended its elimination.

Similarly, after being sentenced to death in the Trump administration’s 2018 budget proposal (and in the House of Representatives’ Labor appropriations bill), the Senate Appropriations committee voted on a bipartisan basis to ignore the Administration’s proposal (and the House bill) and maintain the program.

CSB and Harwood: There’s no education from the second kick of a mule.

But these guys aren’t only irresponsible and just plain wrong; they’re also lazy. You’d think that after failing last year to eliminate these programs, they’d at least come up with some new and improved justifications. But no. As in 2018, the 2019 budget erroneously justifies the elimination of the Harwood program on an alleged lack of “evidence that the program is effective.” And they again incorrectly justify the CSB’s elimination on the the ‘relative duplicative nature of its work,” presumably assuming that the CSB duplicates the efforts of OSHA and the Environmental Protection Agency.

The CSB, however, is not discouraged. Being an independent agency, they submitted their own $12.1 million budget request to keep the agency open. The board is currently conducting nine open investigations: Red Mountain Operating, Arkema Inc., Didion Milling Inc., Midland Resource Recovery, Loy Lange Box Co., Packaging Corporation of America, Sunoco Logistics Partners LP, Enterprise Products Partners LP and DuPont.

I’m not going to waste scarce electrons or your valuable time explaining again why these justifications are — to put it mildly — bogus. If you want to re-read what I wrote last here about these proposals, you can start here.  (Here is much more on the importance of the Chemical Safety Board and the Harwood Grants.) And I’m sure we’ll be writing more about the importance of these programs in the near future.

There’s a saying that there’s no education from the second kick of a mule.  With a little lobbying and common sense, we can only hope that the Trump administration will get to witness that phenomenon with its 2019 workplace safety and health budget.

Compliance Assistance and OSHA’s Voluntary Protection Program

OSHA’s federal compliance assistance budget is slated for a 4.2% increase which will include 8 employees fully dedicated to the Voluntary Protection Program and 24 Compliance Assistance Specialists (CAS).  OSHA once had a CAS in every one of its 70 Area Offices, but budget cuts and the hiring freeze had cut those numbers significantly.

VPP, established in 1982 to recognize workplaces with exemplary safety and health management systems, has always been a favorite program of Republican administrations. As we’ve discussed, however, the program has faced significant integrity and funding issues over the past several years. Trump’s OSHA has held two stakeholder meetings to discuss problems with the program and although the outcome of those meetings have never been released by OSHA, the agency is doubling down on VPP growth. According to OSHA’s Congressional Budget Justification,  “with the addition of 24 CAS and 8 VPP staff, OSHA anticipates approving 155 new VPP sites and re-approving 395 sites in FY 2019.”

One notable change in the Trump budget from previous budgets is the total omission of a focus in its compliance assistance program on vulnerable workers, such as day laborers,  temporary workers and workers with limited English proficiency who often work in high hazard industries and are difficult for OSHA to reach. It is a common myth that the Obama administration focused totally on enforcement to the neglect of compliance assistance. The truth is that the Obama administration conducted a major compliance assistance program, but instead of focusing exclusively on assistance for employers, the Obama administration focused compliance assistance resources on helping vulnerable workers. OSHA’s CBJ doesn’t even mention vulnerable workers or working with labor unions in its Compliance Assistance section, focusing exclusively on broadening “its reach, assistance, and support to small businesses and other employers working to comply with OSHA requirements and protect their workers,” as well as working with more “trade associations, organizations, and employers it engages with directly through its cooperative programs.”

OSHA Standards

OSHA’s Budget Justification states that it plans to issue three final rules, including one on beryllium, and four proposed rules. As you may recall, OSHA proposed last June to weaken beryllium protections for maritime and construction workers.  (The schedule for this is a bit unclear as the CBJ also states that “OSHA anticipates that this rulemaking will proceed fairly quickly with a proposal either late 2018 or very early 2019.” Given that OSHA already issued a proposal in June 2017, it’s unclear whether this statement means they’ll issue a new proposal or it’s just a result of  lousy proofreading.)

Other final standards include a minor revision addressing respirator fit-test methods, and a revision of the recordkeeping standard.  OSHA has stated for some time that it doesn’t like parts of the Obama administration’s electronic recordkeeping regulation which requires employers to send injury and illness data to OSHA, and to prohibit retaliation against workers for reporting injuries or illnesses.  Given that no proposal has yet appeared, it’s possible, but unlikely that a final revised rule will be issued before October 1, 2019, the end of FY 2019.

The only small business (SBREFA) review mentioned is one for a cell tower standard. No mention of a SBREFA panel for workplace violence. SBREFA is the first formal step of the regulatory process.

In addition to numerous guidance products, OSHA plans to use its standards funding to throw a bone to its industry friends by conducting “retrospective reviews to revise and update existing standards in ways that will better protect workers and, where possible, reduce burden on employers.” Don’t expect much there. A thorough review of a standard or regulation takes years and generally confirms that the original standard protected workers more effectively, and at a lower cost than OSHA had originally predicted.

NIOSH

As it did last year, the Trump administration proposes to whack NIOSH, continuing to show its disdain for evidence-based practice that is supported by real research.  Trump is again proposing to cut NIOSH job safety research by $135.2 million (40%), and proposes to eliminate educational research centers, agriculture, forestry and fishing research centers and external research programs.

Then it gets weird. Trump is proposing to take NIOSH out of CDC and then possibly combine it at a later date with other parts of the National Institutes of Health.  Section 22 of the Occupational Safety and Health Act established the National Institute for Occupational Safety and Health in the Department of Health and Human Services to “conduct research,experiments, and demonstrations relating to occupational safety and health.”  NIOSH is currently part of the Centers for Disease Control, which is also part of HHS.  How this envisioned reorganization will work with the OSHAct that establishes a separate institute specifically for Occupational Safety and Health remains to be seen. Meanwhile, the World Trade Center Health Program (administered by NIOSH director by law) would remain at CDC.

MSHA

Fifteen coal miners died on the job in 2017, compared with only 8 in 2016, but Trump apparently sees those troubling numbers as a reason to cut coal enforcement by $3 million. the overall budget for the agency will increase by $2 million, with funding for metal/non-metal enforcement increasing by $2.5 million

Advice? We Don’t Need No Stinkin’ Advice

OSHA has several advisory committees comprised of outside experts intended to advise, consult with and make recommendations to OSHA and DOL leadership about how to improve worker safety and health.  The agency currently has five advisory committees:  The National Advisory Committee on Occupational Safety and Health (NACOSH), the Maritime Advisory Committee for Occupational Safety and Health (MACOSH), and the Advisory Committee for Construction Safety and Health (ACCSH), the Federal Advisory Council on Occupational Safety and Health (FACOSH) and the Whistleblower Protections Advisory Committee (WPAC.)   NACOSH and ACCSH were established by law and the others by the Secretary of Labor and the White House.

Trump wants to eliminate two OSHA Advisory Committees and none have met in over a year

The committees are populated with national experts representing labor, management and public agencies who rotate every few years. Advisory committees traditionally meet two or three times a year, but none have met in the first 13 months of this administration.

Trump’s OSHA budget proposes to eliminate two of the agency’s five advisory committees: FACOSH and WPAC.  WPAC is the newest advisory committee and was established in 2012 to help OSHA “improve the fairness, efficiency, effectiveness, and transparency of OSHA’s administration of whistleblower protections.” WPAC was one of the many initiatives undertaken in the Obama administration to improve the operation of OSHA’s troubled Whistleblower Program, including creating a separate directorate and a separate budget item.  Achievements of the committee include the publication of the first-ever Recommended Practices for Employers for Addressing and Preventing Retaliation which assists employers in creating workplaces in which employees can voice their concerns without fear of retaliation.

Federal employees are not covered under the Occupational Safety and Health Act, but were provided protections by Executive Order 12196 which requires each federal agency to “Furnish to employees places and conditions of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm.”  Executive Order 11612, issued by Richard Nixon, established FACOSH in order to “advice on how to reduce and keep to a minimum the number of injuries and illnesses in the federal workforce and how to encourage each federal Executive Branch department and agency to establish and maintain effective occupational safety and health programs.” Federal OSHA can cite, but not fine federal agencies and has uncovered and corrected a number of serious safety and health problems in the nation’s military bases, hospitals, prisons, hospitals and other federal facilities.

Elsewhere:

In related news, Trump’s budget

  • Cuts EPA’s budget by 34% so that the agency can eliminate “lower priority programs” and refocus on “core activities.”  Among the “lower priority programs” that the EPA is proposing to eliminate are those that address the only environmental threat that can literally destroy the earth as we know it — climate change.  After all, climate change may be good for us. “Core Activities” that need more funding apparently refer to a swollen security detail for EPA Administrator Scott Pruitt, his high security communications chamber and, of course, his first-class travel to points domestic and foreign.
  • Cuts the Centers for Disease Control and Prevention: In the midst of a flu pandemic and the ever-present threat of Ebola and the emergence of other “new” diseases, Trump is proposing to cut back CDC’s budget by $1 billion.

  • Cuts National Labor Relations Board by $25.2 million (9%)

  • Cuts Employment and Training Services by $1.3 billion (39%)

  • Cuts Unemployment Insurance and Employment Services by $45.4 million (13%)

  • Cuts Job Corp by $40.7 million (24%)

  • Eliminates the Older Worker Program

  • Cuts Office of Federal Contract Compliance Programs (OFCCP) by $13.4 million (13%). OFCCP  ensures that contractors and subcontractors who do business with the federal government comply with the legal requirement to take affirmative action and not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a protected veteran.

  • Cuts Labor Department’s International by $67.6 million (79%)

  • Cuts Women’s Bureau by $7.6 million (68%)

  • Proposes $8.5 million (22%) increase for Office of Labor-Management Standards (OLMS) enforcement. OLMS ensures that union elections and finances are conducted legally. Republican administrations traditionally use OLMS to harass unions; hence the increased funding.

What’s Next?

This is the beginning of the FY 2019 budget process. FY 2019 begins on October 1, 2018, but the budget will not be passed by then. No Congress in recent memory has finished a budget by the end of the budget year and that prospect is even less likely in an election year.

The next step in the process will be Secretary Acosta’s testimony before the House and Senate appropriations committees.  There will then be long deliberations in the House and the Senate, and eventually both Houses of Congress and the President will have to come up with a budget that they agree on.  The process is more difficult in the Senate because 60 votes are needed to pass a budget. And as we saw last year, the House budget was much worse than the President’s proposal (although they did vote to maintain the CSB), while the Senate’s OSHA budget was better then the President’s proposal.

And, of course, depending on the outcome of the Congressional elections on November 6, Trump could be facing a Democratic House of Representatives and/or a Democratic Senate, and a Democratic majority in either house of Congress would drastically change the final budget that emerges from this process.

But nothing good in this country happens by itself. It happens because knowledgeable and caring citizens ensure that their Senators and Congressional Representatives understand the importance of these programs in protecting worker safety and health. That’s where you come in. Especially in an election year, it’s important that those running for office understand the daily hazards facing American workers and the role of the OSHA and other government agencies in making sure workers come home safely at the end of the day.  And already, just days after release of the President’s budget, opposition to his proposal to eliminate the CSB has begun.

And there will be more.

This blog was originally published at Confined Space on February 15, 2018. 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).

Here Are the 10 Worst Attacks on Workers From Trump’s First Year

Wednesday, January 24th, 2018

January 20th marks the one-year anniversary of President Donald Trump’s inauguration. Since taking office, President Trump has overseen a string of policies that will harm working people and benefit corporations and the rich. Here we present a list of the 10 worst things Congress and Trump have done to undermine pay growth and erode working conditions for the nation’s workers.

1) Enacting tax cuts that overwhelmingly favor the wealthy over the average worker

The Tax Cuts and Jobs Act (TCJA) signed into law at the end of 2017 provides a permanent cut in the corporate income tax rate that will overwhelmingly benefit capital owners and the top 1%. President Trump’s boast to wealthy diners at his $200,000-initiation-fee Mar-a-Lago Club on Dec. 22, 2017, says it best: “You all just got a lot richer.”

2) Taking billions out of workers’ pockets by weakening or abandoning regulations that protect their pay

In 2017, the Trump administration hurt workers’ pay in a number of ways, including acts to dismantle two key regulations that protect the pay of low- to middle-income workers. The Trump administration failed to defend a 2016 rule strengthening overtime protections for these workers, and took steps to gut regulations that protect servers from having their tips taken by their employers.

3) Blocking workers from access to the courts by allowing mandatory arbitration clauses in employment contracts

The Trump administration is fighting on the side of corporate interests who want to continue to require employees to sign arbitration agreements with class action waivers. This forces workers to give up their right to file class action lawsuits, and takes them out of the courtrooms and into individual private arbitration when their rights on the job are violated.

4) Pushing immigration policies that hurt all workers

The Trump administration has taken a number of extreme actions that will hurt all workers, including detaining unauthorized immigrants who were victims of employer abuse and human trafficking, and ending Temporary Protected Status for hundreds of thousands of immigrant workers, many of whom have resided in the United States for decades. But perhaps the most striking example has been the administration’s termination of the Deferred Action of Childhood Arrivals program.

5) Rolling back regulations that protect worker pay and safety

President Trump and congressional Republicans have blocked regulations that protect workers’ pay and safety. By blocking these rules, the president and Congress are raising the risks for workers while rewarding companies that put their employees at risk.

6) Stacking the Federal Reserve Board with candidates friendlier to Wall Street than to working families

President Trump’s actions so far—including his choice not to reappoint Janet Yellen as chair of the Federal Reserve Board of Governors, and his nomination of Randal Quarles to fill one of the vacancies—suggest that he plans to tilt the board toward the interests of Wall Street rather than those of working families.

7) Ensuring Wall Street can pocket more of workers’ retirement savings

Since Trump took office, the Department of Labor has actively worked to weaken or rescind the “fiduciary” rule, which requires financial advisers to act in the best interests of their clients when giving retirement investment advice. The Trump administration’s repeated delays in enforcing this rule will cost retirement savers an estimated $18.5 billion over the next 30 years in hidden fees and lost earning potential.

8) Stacking the Supreme Court against workers by appointing Neil Gorsuch

Trump’s nominee to the Supreme Court, Neil Gorsuch, has a record of ruling against workers and siding with corporate interests. Cases involving collective bargaining, forced arbitration and class action waivers in employment disputes are already on the court’s docket this term or are likely to be considered by the court in coming years. Gorsuch may cast the deciding vote in significant cases challenging workers’ rights.

9) Trying to take affordable health care away from millions of working people

The Trump administration and congressional Republicans spent much of 2017 attempting to repeal the Affordable Care Act. They finally succeeded in repealing a well-known provision of the ACA—the penalty for not buying health insurance—in the tax bill signed into law at the end of 2017. According to the Congressional Budget Office, by 2027, the repeal of this provision will raise the number of uninsured Americans by 13 million.

10) Undercutting key worker protection agencies by nominating anti-worker leaders

Trump has appointed—or tried to appoint—individuals with records of exploiting workers to key posts in the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). Nominees to critical roles at DOL and the NLRB have—in word and deed—expressed hostility to the worker rights laws they are in charge of upholding.

This list is based on a new report out from the Economic Policy Institute.

This article was originally published at In These Times on January 19, 2018. Reprinted with permission.

About the Author: The Economic Policy Institute (EPI) is a nonprofit, nonpartisan think tank created in 1986 to include the needs of low- and middle-income workers in economic policy discussions.

Your Rights Job Survival The Issues Features Resources About This Blog