Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘workplace injuries’

2018: The Workplace Safety and Health Year in Review

Thursday, January 3rd, 2019

As we sit here mired in yet another pointless government shutdown stranding tens of thousand of workers without paychecks, we pause to reflect over the past year in workplace safety and health. The madness in Washington DC continues, and while we can’t make any guarantees for the White House or the Senate, things are at least looking up in the House of Representatives.

Meanwhile, the indefatigable Confined Space team (of one) has posted almost 250 times over the past year, talking about the carnage in American workplaces, but also the victories of unions, activists and dedicated government officials. I can’t honestly say I did it ALL by myself. I was aided by the many of you who sent me articles and story ideas that I never would have noted, and those of you who give me the inspiration to go on when I’d really rather be binge-watching some some addictive Netflix series, reading a book or riding my bike. (Actually, I manage to do enough of that as well.)

The real story, of course, continues to be the more than five thousand workers who go to work and never come home, the tens of thousands who die each year from occupational diseases like black lung, silica-related disease and work-related cancers, and the millions of workers who are seriously injured every year in preventable incidents.  The struggle continues as we hope that the lessons of 2018 will help make 2019 a better one for this nation’s working people. 

  1. A New and Improved Congress (or at least the House): The long awaited Blue Wave hit the House of Representatives full force last November, bringing with it real oversight hearings, better budgets and legislation: Donald Trump — along with the Department of Labor and OSHA — don’t know what’s about to hit them come the new Democratically controlled congress and its ability to exercise its oversight function to ensure that Labor Department agencies actually work to fulfill the mandate that Congress has given them.  In a symbolic move, the House has already changed the committee name back to the Committee on Education and Labor, instead of the rather anodyne in impotent “workforce.” But real work is on deck. Workplace safety and health hearings are already being planned, as well as legislation to move improve worker protections. While it’s unlikely that any pro-worker legislation will pass the Senate or be signed by the President, we can expect new ideas and new energy: Rumor has it that a record number of new Democratic House members want to be on the Education and Labor Committee. Something to look forward to.
  2. A Headless Agency: By the end of January, OSHA will move into its third year without an Assistant Secretary — a new record in the 48-year history of the job-protection agency. The confirmation of Trump nominee Scott Mugno remains mired down in a fight between HELP Committee Ranking Member Patty Murray (D-WA) and Republicans who don’t want to confirm Democratic nominees for the National Labor Relations Board (NLRB) or the Equal Employment Opportunity Commission (EEOC.) The lack of an Assistant Secretary hits particularly hard as other OSHA veterans like Region 8 Administrator Greg Baxter and long-time Director of Enforcement Tom Galassi also retire.  Meanwhile, Deputy Assistant Secretary Loren Sweatt continues to labor on, almost alone in the once hyper-active Assistant Secretary’s office — no doubt looking forward to testifying at OSHA oversight hearings this year.
  3. Inspectors down, enforcement units down, penalties down: The number of OSHA inspectors has hit an all-time low according to data compiled by Bloomberg Environment Reporter Bruce Rolfsen in November. “The agency ended fiscal 2018 with 753 inspectors, compared to 860 at end of fiscal 2014, the personnel data, obtained through a Freedom of Information Act request, show.” And that means fewer serious injuries being investigated.  And last June, The National Employment Law Project (NELP) issued a report showing that worksite enforcement activity by the Occupational Safety and Health Administration is declining under the Trump administration. Secretary of Labor Alex Acosta likes to boast that OSHA conducted slightly more inspections in the last two fiscal years than they did in the last year of the Obama administration, but NELP points out that in FY 2017 OSHA changed the way it counts inspections. Instead of just counting the number of inspections conducted, OSHA moved to counting Enforcement Units. And those numbers under Acosta don’t look quite as good as they did under Obama. Things also don’t look too good for workers in at least one state plan state, Kentucky, which suggests that OSHA’s oversight over state plans (which run almost half the country’s OSHA programs) may be weakening as well.
  4. Return of Black Lung: After almost being eradicated in the late 1990s, black lung is back, with a vengeance. Epidemiologists at the National Institute for Occupational Safety and Health say they’ve identified the largest cluster of advanced black lung disease ever reported, according to an NPR story by Howard Berkes last January. The cause is not just coal dust, but also silica exposure, caused by cutting through more quartz rock as the coal seams get smaller.  Berkes recently filled out the story alleging that the failure of regulatory agencies to understand what was happening and respond are largely to blame for the new epidemic. Meanwhile, making things worse, the state of Kentucky is killing the messenger by no longer allowing radiologists to diagnose black lung. Only pulmonologists will be allowed to review black lung cases, but there are only six pulmonologists in Kentucky that have the federal certification to read black lung X-rays and four of them routinely are hired by coal companies or their insurers.
  5. Brett Kavanaugh: Republicans confirmed a Supreme Court justice who, in addition to his questionable behavior around women, displayed shockingly little knowledge of the Occupational Safety and Health Act, and even less understanding of workers’ struggle to survive in the workplace. After a Orca (aka “Killer Whale”) dismembered and drowned a SeaWorld trainer, Kavanaugh dissented in a court case challenging the resulting OSHA citation. Kavanaugh wrote that OSHA had paternalistically interfered in a worker’s right to risk his or her life in a hazardous workplace, that OSHA had violated its long-standing precedent not to get involved in sports or entertainment, that the agency had no authority to regulate in the sports or entertainment industries and that Congress — and only Congress — could give OSHA that authority. While none of this was true, Kavanaugh nevertheless doubled down on these assertions during his Senate confirmation hearing. Kavanaugh’s opinion related to other workers’ rights issues were not much better.  Nevertheless, today he sits on the Supreme Court.
  6. Regulatory Rollback: OSHA is struggling valiantly to roll back regulations that protect workers and slow down those under way, to fulfill the visions of Donald Trump, Republicans in Congress, and Corporate America. Happily, the curse of OSHA — how impossibly long it takes to issue any single health and safety standard — has become a blessing for workers because it takes almost as long to repeal a standard as it takes to issue a new one.  Nevertheless, OSHA is in the process of attempting to weaken beryllium protections for construction and maritime workers, and striving to roll back a major section of the “electronic recordkeeping” regulation.The good news is that the courts not only upheld OSHA’s silica standard, but also told the agency to add more worker protections or at least explain its decision not to.

    While the road to roll back regulations is long and difficult, the agency’s chance of stopping any significant new workers protections from being finalized is much better. Standards to protect workers from infectious diseases and chemical plant hazards languish on the agency’s “long-term agenda,” while other standards are unlikely to see the light of day anytime in the near future because of Trump’s “one-in, two-out” regulatory budget. 

    Other agencies, such as the Department of Agriculture, also contribute to increase hazards for workers by allowing poultry processing facilities to increase line speeds. And EPA is close to repealing Obama era chemical plant safety protections, and the Department of Labor’s Wage and Hour division is in the process of allowing 16-year-olds to operate potentially hazardous patient lifts.  Bad news not only to workers, but to residents living near chemical plants — and granny in the nursing home.

  7. Methylene Chloride:  The Obama administration had proposed to ban the use of Methylene Chloride due to the deaths of numerous workers and citizens who weren’t aware of the highly hazardous properties of the solvent in enclosed spaces.

    Obama’s EPA, under former EPA Administrator Scott Pruitt, agreed with chemical manufacturers, and decided that a ban wasn’t a very good job. Obviously, if consumers and workers couldn’t read between the lines of the ineffective warnings on the containers, they deserved to die.  After some hard questioning at Congressional hearing, and meeting with family members of the victims of methylene chloride, Pruitt reversed himself and sent the ban to the White House for review. Although the ban has not yet emerged from the dark, dank dungeons of the White House, family members and other organizations like the Natural Resources Defense Council, the Environmental Defense Fund Green Chemistry and Commerce Councils, and Safer Chemicals, Healthy Families, aren’t waiting around. They have succeeded in pressuring retailers like Lowes, Home Depot, WalMart, Sherwin Williams, Home Hardware and True Value to stop selling the product. Organizing and citizen action works, even in Trump times.
  8. The Fate of the Labor Movement: A strong labor movement is good for workers and good for workplace safety. This year has seen ups and downs for the fate of American labor movement.  On the down side, in June, the Supreme Court handed down its Janus decision fulfilling the dreams of corporate America in its quest to weaken not just public employee unions, but the labor movement in general. But public employee unions are not going gentle into that good night. They are fighting back, convincing their members that union membership is the best bargain they’ll find.  And, as labor reporter Steve Greenhouse describes, 2018 saw “a startling surge of strikes in both the private and public sectors” — tens of thousands of teachers in West Virginia, Arizona, Colorado, Kentucky, and North Carolina went on strike and hotel workers struck in Chicago, Boston, Detroit, Honolulu, and San Francisco. And “15,000 patient-care workers, including radiology technicians, respiratory therapists, and pharmacy workers, held a three-day strike against the University of California’s medical centers in Los Angeles, San Francisco, San Diego, Irvine, and Davis. An additional 24,000 union members, including truck drivers, gardeners, and cooks, struck in sympathy.” Even 20,000 Google workers walked out to protest how the company handled sexual harassment accusations against top managers.

    The other bad union news was the elimination of the health and safety offices in the Service Employees International Union and the American Federation of Teachers, continuing the general reduction of health and safety staff still working in American labor unions — not a good thing for the health and safety of American workers, organized or unorganized. 
  9. Journalism: American workers continue to suffer and die in obscurity and the agencies tasked to protect them remain seriously underfunded and legally handicapped. The only hope for many of these workers lies with the excellent investigative pieces published by this country’s dwindling corps of investigative journalists, especially those who focus on labor and health & safety issues. Longtime labor Charleston Gazette-Mail labor reporter Ken Ward received a McArthur Genius Award for his reporting about labor and environmental issues in West Virginia. Ward is teaming up with ProPublica for more hard-hitting pieces in the future.  Retiring National Public Radio reporter Howard Berkes has produced two powerful investigative pieces on the return of black lung disease among the nation’s coal miners. (Here and here.) He will be missed. Veteran investigative reporter Jim Morris at the Center for Public Integrity continues his excellent work, most recently with a story on the deaths of oil field workers and problems at Kentucky OSHAJamie Satterfield at the Knoxville News Sentinel published a hard-hitting piece on the health problems suffered by workers who cleaned up the massive coal-ash spill at the Tennessee Valley Authority Kingston Fossil Fuel Power Plant. 

    You can listen to an interview with Satterfield hereAntonia Juhasz of Pacific Standard about the workers working and dying on the Dakota Access Pipeline and how difficult it is for OSHA to enforce safe working conditions.   Will Evans of Reveal and the Center for Investigative Reporting has focused relentlessly on electric car maker Tesla and documented how the company put style and speed over safety, was hiding injuries and ignoring the concerns of its own safety professionals.  Eli Wolfe of Fair Warning wrote a devastating piece about worker deaths on small farms and how Congress prohibits OSHA from investigating incidents on farms that comprise about 93 percent of U.S. farms with outside employees, employing more than 1.2 million workers. ProPublica’s Kara Feldman penned an investigative piece into the death of Mouctar Diallo, age 21, a Guinean immigrant crushed to death in 2017 by a 40 ton garbage truck, and the plight of New York’s unorganized and mostly immigrant garbage collectors. Chemical and Engineering News reporter Jeff Johnson keeps us up-to-date on goings-on at the Chemical Safety Board here and here. And Kartikay Mehrotra, Peter Waldman and Jonathan Levin of Bloomberg News have written a long piece on how the growing threat of deportation is causing immigrant workers endure abuses in jobs Americans don’t want. 

    And I just want to give a shout-out to some of my favorite labor/OSH/environment reporters:  Labor reporter Steve Greenhouse who continues his eloquent defense of workers even (or especially) after his retirement from the New York Times.  And then there’s Juliette Eilperin and the team at the Washington Post, David Kay Johnston who follows worker issues at DC ReportSuzy Khimm at NBC, Mike Elk of Payday Report, Wooty Sixel at the Houston Chronicle, and . And honorable mention of those who labor for labor at various news bureaus: Rebecca Rainey who has graduated from Inside OSHA to heading up the team at Politico’s Morning Shift. Rebecca’s replacement at Inside OSHA, Ariana Figueroa, and, of course the Bloomberg labor/OSHA team: Josh Eidelson, Sam Pearson, Bruce Rolfson, Peter Waldman.And while they’re not exactly journalists, this is probably a good place to recognize those academics and public interest people (some of whom are former colleagues) who are continuing the battle for worker justice by providing the research and perspective that go into many of the above pieces. My old OSHA colleagues David Michaels, now at George Washington University and Debbie Berkowitz, now working at the National Employment Law Project, both of whom write prolifically in defense of workers’ right to a safe workplace. And, of course, Sharon Block, Executive Director, Labor and Worklife Program at Harvard Law School who writes frequently in OnLabor (along with many colleagues), Shanna Devine at Public CitizenKatie Tracy of the Center for Progressive Reform and former Labor Deputy Secretary, rising pundit and my favorite Twitter contributor Chris Lu.

    And finally, while it’s not exactly great journalism, my appearance on MSNBC last January marked the longest cable television coverage of OSHA issues all year.

  10. The Bottomless Swamp: This year happily saw the resignation of two of the Trump administration’s leading swamp monsters: Scott Pruitt and Ryan Zinke — as well as the resignation and firing of a record number of other high administration officials either because they could no longer look themselves in the mirror in the morning, or because Trump tired of whatever residual residue of integrity they had left. Are things better now. Not so’s you’d notice. 

    As New York Times reporter Eric Lipton tweeted, “As of Thursday, DOD will be run by a former senior Boeing executive. EPA is run by a former coal lobbyist. HHS is run by a former pharmaceutical lobbyist. And Interior will be run by a former oil-industry lobbyist. Welcome to 2019.”  Meanwhile, even the Mr. Clean of the Trump Administration, Labor Secretary Alex Acosta had a bit of a bumpy road in 2018 as the Miami Herald detailed how he gave Palm Beach multimillionaire sex abuser Jeffrey Epstein a legal break when Acosta was Miami’s top federal prosecutor. What will this mean for the comparatively moderate Acosta? Who knows? But even if he survives as Labor Secretary, his chance of ever seeing a coveted federal judicial appointment seems all but vanished.  Oh well, we could have worse Labor Secretaries.

This article was originally published at Confined Space on January 3, 2019. 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).

Hiding Injuries at Tesla: Where The Worker Still Doesn’t Matter.

Thursday, November 8th, 2018

Under-recording of workplace injuries and illnesses is bad, and far too common. But at the automaker Tesla, in Fremont, California,  under-recording is more than a paper exercise in deception — at Tesla it means withholding needed medical treatment of injured workers so that their injuries aren’t report on OSHA logs.

We wrote previously about reports that workers are getting hurt at Tesla and that many of those injuries are not being recorded.  Earlier this year, Reveal reporters Will Evans and Alyssa Jeong Perry documented how Tesla put style and speed over safety, undercounted injuries and ignored the concerns of its own safety professionals. CalOSHA has inspected the company a number of times and found recordkeeping violations.  Now Evans shows the many ways that Tesla is keeping injuries off the OSHA logs.

Despite a clear pattern of inaccurate reporting, federal OSHA is unable to cite patterns of under-reporting after Congress repealed OSHA’s “Volks” regulation at the beginning of the Administration. Throughout OSHA’s history, the agency had been able to cite employers who violated OSHA’s requirement to keep accurate records for five years. OSHA had issued a regulation addressing a court ruling against that practice, but Congress used the Congressional Review Act to repeal it. No OSHA can’t cite recordkeeping violations longer than 6 months before a citation is issued, making it impossible to cite patterns of violations like those committed at Tesla.

California has modified these restrictions slightly by allowing the agency to cite employers for recordkeeping violations six months from when Cal/OSHA first learns of the violation, instead of six months from when the violation occurred. But the bill was signed too late for the agency to take action against Tesla.

Background

Under-reporting injuries and illnesses on OSHA logs is nothing new.  Unlike fatality reporting, injury and illness reporting is conducted by employers. The Bureau of Labor Statistics (BLS) estimated in 2016, that nearly 3.7 million workers across all industries, including state and local government, had work-related injuries and illnesses that were reported by employers. But due to documented and widespread underreporting of workplace injuries, experts estimate that the true number is closer to  7.4 million to 11.1 million injuries and illnesses a year — two to three times greater than BLS estimates.  Much of the undercounting is the result of employers discouraging workers from reporting injuries and illnesses, either through direct retaliation or through more subtle means such as incentive programs or retaliatory drug testing.  That’s why OSHA’s “electronic recordkeeping regulation,” issued in 2015, forbids employers from retaliating against workers for reporting injuries and illnesses. The Trump administration recently issued a memo weakening the enforcement of that language.

In order to understand Tesla’s strategy, you need to understand how OSHA defines a “recordable injury.” According to OSHA regulations, work-related injuries must be recorded on OSHA injury logs if they require medical treatment beyond first aid, if they result in days away from work or if the worker is assigned job restrictions due to the injury.  Tesla’s practices were designed to avoid anything that triggers recording, according to former medical personnel who worked at Tesla.

To ensure that fewer injuries would be recorded, Tesla hired Access Omnicare, headed by hand surgeon Dr. Basil Besh, to run its factory health center. Access Omnicare promised Tesla it could help reduce the number of recordable injuries and emergency room visits. Reveal obtained a copy of Access’s proposal which stated that  “Access Omnicare’s model, with more accurate diagnoses, reduces “un-necessary use of Emergency Departments and prevents inadvertent over-reporting of OSHA (Occupational Safety and Health Administration) recordability.”

“Over-reporting?”

How to Under-count at Tesla? Let Me Count the Ways

To under-record, and under-record effectively requires some creativity.

Access Omnicare had a rule that injured employees could not be given work restrictions. According to a former Access physician assistant, Anna Watson.

No matter what type of injuries workers came in with – burns, lacerations, strains and sprains – clinic staff were under instructions to send them back to work full duty, she said. Watson said she even had to send one back to work with what appeared to be a broken ankle.

A medical assistant who formerly worked at the clinic remembered an employee who was sent back to work even though he couldn’t stand on one of his feet. Another employee passed out face down on the assembly line – then went back to work.

“You always put back to full duty, no matter what,” said the medical assistant.

Ambulances were highly risky as well, if your goal is to hide serious injuries.  Tesla forbids staff from calling 911 without permission after workers have been injured –even when fingers have been severed or employees have suffered serious injuries. Instead they put them in a Lyft or Uber and send them to a clinic after which they’re put back on the assembly line with no work modifications, even if they can barely walk. One worker’s back was painfully crushed when a hood fell on him. “I couldn’t walk, I couldn’t sit down. I couldn’t even stand up straight,” Stephon Nelson recalled. But Tesla refused to call 911 or send him to the hospital in an ambulance, putting him in an Uber instead.

Why? To save money? More likely because “911 logs become public records. And first responders, unlike drivers for ride-hailing services, are required to report severe work injuries to California’s Division of Occupational Safety and Health, the state’s workplace safety agency.”

Other tactics Tesla used were to claim that some injuries and illnesses were not work-related and refuse treatment to temporary employees:

Watson recalled one worker who had passed out on the job and went to the hospital because of her exposure to fumes in the factory. Even though a work-related loss of consciousness is required to be counted, no such injury was recorded on Tesla’s injury logs.

Temp workers hurt on the production line also were often rebuffed by the clinic, said former clinic employees. At one point, there was a blanket policy to turn away temps, they said.

Tracy Lee developed a repetitive stress injury over the summer when a machine broke and she had to lift car parts by hand, she said. Lee said the health center sent her away without evaluating her because she wasn’t a permanent employee.

By law, Tesla is required to record injuries of temp workers who work under its supervision, no matter where they get treatment. But not all of them were.

Beware the Night

Getting hurt during the day is bad enough. But getting hurt at night is especially dangerous because there are no doctors or nurses on duty.

Two medical assistants who used to work there said they often were left on their own – one on duty at a time – and struggled to tend to all the injured. Both had to do things such as take vital signs, which medical assistants aren’t allowed to do without on-site supervision, according to the Medical Board of California. Reveal granted them anonymity because they fear speaking out will hurt their careers. Dr. Basil Besh said no one works alone. Besh is hand surgeon who owns Access Omnicare which

For a severely injured worker lying on the assembly line, it could take 10 to 15 minutes for a medical assistant to arrive and then contact on-call doctors, a medical assistant said. Getting a code for Tesla’s Lyft account was a drawn-out process that could take hours, she said.

The medical assistants said they were alarmed and uncomfortable with the doctors’ orders to use Lyft because they worried some patients could pass out or need help en route. One worker directed to take a Lyft was light-headed and dizzy. Another had his fingers badly broken, contorted and mangled.

Moving Right Along

And despite promises from Tesla CEO Elon Musk to do better, Tesla has not cleaned up its act, according to Watson:

Many more injured workers never were counted, she said.  Tesla’s official injury logs, provided to Reveal by a former employee, show 48 injuries in August. Watson reviewed the list for the three weeks she was there and estimated that more than twice as many injuries should have been counted if Tesla had provided appropriate care and counted accurately.

And despite the fact that there is evidence that Tesla is violating the law, CalOSHA has not responded to the information Watson supplied to them.

Watson called Cal/OSHA officials to insist they investigate her complaint. She told them that she had detailed knowledge of a system that undercounted injuries by failing to treat injured workers. But Cal/OSHA officials told her that it wasn’t the agency’s responsibility, she said. They suggested contacting another agency, such as the medical board or workers’ compensation regulators.

Watson, meanwhile, has moved on to a new job

She said she just wants someone to make sure that Tesla workers get the care they need. “You go to Tesla and you think it’s going to be this innovative, great, wonderful place to be, like this kind of futuristic company,” she said. “And I guess it’s just kind of disappointing that that’s our future, basically, where the worker still doesn’t matter.”

This blog was originally published at Confined Space on November 6, 2018. Reprinted with permission.

About the Author: Jordan Barab wasDeputy 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).

Donald Trump's policies will mean more workers dead on the job

Thursday, August 17th, 2017

Donald Trump’s rollbacks of worker protections could cost lives. Kathleen Rest, executive director of the Union of Concerned Scientists and former acting director of the National Institute for Occupational Safety and Health, and David Michaels, a public health professor and former assistant secretary of labor, leave no room for doubt on that front. People die from workplace injuries and work-related diseases every day:

People like 25-year-old Donovan Weber who suffocated in a trench collapse in Minnesota. Or Michael McCort, Christopher Irvin, Antonio Navarrete and Frank Lee Jones who were killed at a power plant in Florida when molten slag reaching 1,000 degrees poured down on them as they tried to unplug a tank. Or Wanda Holbrook, whose head was crushed by a malfunctioning robot as she adjusted machinery in Michigan.

Each day in the United States, 13 people are killed as a direct result of hazardous working conditions. And, more than 10 times that number die of work-related diseases that are less sudden but no less devastating.

And Trump’s policies are going to make that worse:

Since January, we’ve seen delays and rollbacks in workplace protections. For example, the Occupational Safety and Health Administration has proposed weakening protections for workers exposed to cancer-causing beryllium and delayed enforcement of its silica rule, increasing the likely incidence of lung disease. It has delayed the electronic submission of injury and illness data and stopped releasing public information about enforcement actions, inhibiting public and researchers’ access to data that can inform prevention.

And Congress has permanently terminated OSHA’s ability to fine employers with a long-standing pattern of injury and illness record-keeping violations, a previously important signal to others in the industry.

Equally worrisome are proposed budget cuts for research, education and training designed to improve the health and safety of our nation’s workplaces — research that enhances knowledge on existing and future hazards; that underpins government policies and workplace practices; and that spurs innovations in workplace safety.

But Trump claims those rollbacks are going to be good for corporate profits, and that’s what he cares about. Certainly not workers’ lives.

This blog was originally published at Daily Kos Labor on August 15, 2017. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos.

This week in the war on workers: Trump's top attacks on workers ... so far

Monday, April 24th, 2017

 

The Economic Policy Institute’s Perkins Project “tracks actions by the administration, Congress, and the courts that affect people’s wages and their rights at work,” and as we get to the end of Donald Trump’s first 100 days, they’ve provided a list of the top 10 things he and congressional Republicans have done to working people. Here’s a sample:

 

  1. Protecting Wall Street profits that siphon billions of dollars from retirement savers. At President Trump’s behest, the Department of Labor has delayed a rule requiring that financial professionals recommend retirement investment products that serve their clients’ best interests. The “fiduciary rule” aims to stop the losses savers incur when steered into products that earn advisers commissions and fees. The rule was supposed to go into effect April 10. For every seven days that the rule is delayed, retirement savers lose $431 million over the next 30 years. The 60-day delay will cost workers saving for retirement $3.7 billion over 30 years.
  2. Letting employers hide fatal injuries that happen on their watch. The Senate approved a resolution making it harder to hold employers accountable when they subject workers to dangerous conditions. The March 22 resolution blocks a rule requiring that employers keep accurate logs of workplace injuries and illnesses for five years. This time frame captures not just individual injuries but track records of unsafe conditions. President Trump said he would sign the resolution. If he does, employers can fail to maintain—or falsify—their injury and illness logs, making them less likely to suffer the consequences when workers are injured or killed. Blocking this rule also means that employers, OSHA, and workers cannot use what they learn from past mistakes to prevent future tragedies. If the rule is overturned, more workers will be injured, and responsible employers will be penalized.
  3. Allowing potentially billions of taxpayer dollars to go to private contractors who violate health and safety protections or fail to pay workers. The federal government pays contractors hundreds of billions of dollars every year to do everything from manufacturing military aircraft to serving food in our national parks. The Fair Pay and Safe Workplaces rule required that companies vying for these lucrative contracts disclose previous workplace violations, and that those violations be considered when awarding federal contracts. The rule was needed, as major federal contractors were found to be regularly engaging in illegal practices that harm workers financially and endanger their health and safety. On March 27, President Trump killed this rule by signing a congressional resolution blocking it. This will hurt workers and contractors who play by the rules, while benefitting only those contractors with records of cutting corners.

This article originally appeared at DailyKOS.com on April 22, 2017. Reprinted with permission.

Laura Clawson is a Daily Kos contributing editor since December 2006. Labor editor since 2011.

Tyson Foods Fined $263,000 Over Unsafe Working Conditions In Poultry Plant

Friday, August 26th, 2016
Bryce Covert
The government just cracked down on the country’s largest meat and poultry processor for endangering its employees.
It all began with a report to the Occupational Safety and Health Administration of a finger amputation at a Tyson Foods chicken processing plant in Texas. OSHA investigators determined the worker’s finger got stuck in an unguarded conveyer belt when he was trying to remove chicken parts that had gotten jammed in it.

But once inspectors got there, they realized the problems at the Tyson plant went far beyond one injured hand. They discovered more than a dozen serious violations, including failing to provide protective equipment, a lack of safety guards on moving machines that left employees exposed to a risk of amputation, letting carbon dioxide levels surpass the permissible limit, and no training for workers about the hazards of peracetic acid, a highly hazardous chemical that’s used as a disinfectant, which can cause burns and respiratory diseases. Workers are also at risk of slipping and falling due to a lack of adequate drainage and exposed to fire hazards from improperly stored compressed gas cylinders.

OSHA announced on Tuesday that it was fining the company $263,498 for two repeated and 15 serious violations, including improper drainage, holes in the floor left without guards, a lack of guards on dangerous machinery, obstructed fire exits, and storing chemicals in a hazardous manner.

CREDIT: Earl Dotter/Oxfam America

In response, Tyson said in a statement, “We never want to see anyone hurt on the job, which is why we’re committed to continual improvement in our workplace safety efforts. We fully cooperated with OSHA’s inspection of our Center plant and intend to meet with OSHA officials in an effort to resolve these claims.”

OSHA’s enforcement actions come as part of the agency’s recent focus on the poultry industry. And it also comes after a number of reports have exposed the gruesome conditions that workers must endure inside these plants.

In a report released in October, Oxfam America found that line processing speeds have increased drastically, with an official upper level of 140 birds per minute but with the possibility of going even higher if supervisors who run the lines decide to speed it up. Workers told Oxfam they process 35 to 45 birds per minute. Meanwhile, they must perform multiple motions on each bird, such as cutting, hacking, hanging, pulling, and twisting, repeatedly and forcefully 20,000 times a day.

The speed and repetitive motions combine to create a number of physical problems, such as pain in fingers, hands, arms, shoulders, and backs, as well as swelling, numbness, tingling, twitching, stiffness, and a loss of grip.

Workers also told Oxfam that they were frequently exposed to harsh chemicals, such as chlorine and ammonia, used to clean up the blood and other drippings from the birds.

The conditions lead to widespread injuries and illnesses. Poultry plant workers experience repetitive strain at 10 times the rate of the overall workforce, carpal tunnel at seven times the overall rate, and musculoskeletal disorders at five times the rate.

CREDIT: Oxfam America

“While the findings from this plant in Texas are disturbing, they’re not surprising,” said Oliver Gottfried, Oxfam’s senior campaign strategist, in a statement. “The repeated and serious violations exposed during this investigation corroborate conditions Oxfam has heard from workers at a half-dozen Tyson plants across the country.”

Oxfam’s findings were backed up in May, when the Government Accountability Office released its own report. It found that poultry and meat workers are at twice the risk of being injured on the job compared to other American workers, and they experience higher illness rates than other manufacturing employees. Many poultry workers report respiratory issues thanks to breathing in chlorine. There is also a high rate of deaths, with 151 poultry workers dying on the job between 2004 and 2013.

Workers must put up with other torturous conditions. A big problem is the lack of breaks to go to the bathroom and eat meals. Because they have to get a supervisor’s permission to leave the line and another employee to cover their spots, workers report often waiting an hour or more to get a break to relieve themselves. To cope, some say they have severely cut back on drinking liquids or even started wearing diapers.

For putting up with these hellish conditions, workers are rewarded very poorly. Average hourly pay is $11 an hour, which comes to between $20,000 and $25,000 a year, qualifying workers with children for food stamps and other government assistance programs. For every consumer dollar spent on a chicken product, a worker will see just two cents.

Tyson now has 15 days to either address the violations and pay the fines or contest them. But OSHA doesn’t have a great track record in getting the full amount it originally fines companies, as they are often able to contest and reduce them to sums that amount to a slap on the wrist. It’s rare to even get an OSHA inspection, as the agency is so under-budgeted and understaffed that a given workplace only sees a federal inspector once every 139 years.

This article was originally posted at Thinkprogress.org on August 17, 2016. Reprinted with permission.

Bryce Covert  is the Economic Policy Editor for ThinkProgress. Her writing has appeared in the New York Times, The New York Daily News, New York Magazine, Slate, The New Republic, and others. She has appeared on ABC, CBS, MSNBC, and other outlets.

We Need to Combat Workplace Violence

Monday, February 15th, 2010

Image: Dick MeisterOrganized labor and its allies are rightly alarmed over the high incidence of on-the-job accidents that have killed or maimed many thousands of workers. But they haven’t forgotten – nor should we forget – the on-the-job violence that also afflicts many thousands.

Consider this: Every year, almost two million American men and women are the victims of violent crime at their workplaces. That often forces the victims to stay off work for a week or more and costs their employers more than $60 billion a year in lost productivity.

These crimes are the tenth leading cause of all workplace injuries. They range from murder to verbal or written abuse and threatening behavior and harassment, including bullying by employers and supervisors.

Women have been particularly victimized. At least 30,000 a year are raped or otherwise sexually assaulted while on the job. The actual total is undoubtedly much higher, since it’s estimated that only about one-fourth of such crimes are reported to the police.

Estimates are that more than 900,000 of all on-the-job crimes go unreported yearly, including a large percentage of what’s thought to be some 13,000 cases annually that involve boyfriends or husbands attacking women at their workplaces.

The Retail, Wholesale & Department Store Union (RWDSU), which represents many of the victimized workers, cites that as an example of the job violence problem that is often distorted by media coverage that “would lead us to believe that most workplace violence involves worker against worker situations.”

The union says that has focused many employers “on identifying troubled employees or disgruntled workers who might turn into violent predators at a moment’s notice. But in fact, 62 percent of all violence at worksites is caused by outsiders.”

As you might expect, those most vulnerable to the violence are workers who exchange money with the public, deliver passengers, goods or services, work alone or in small groups during late night or early morning hours in high-crime areas or wherever they have extensive contact with the public.

That includes police, security guards, water meter readers and other utility workers, telephone and cable TV installers, letter carriers, taxi drivers, flight attendants, probation officers and teachers. Convenience store clerks and other retail workers account for fully one-fifth of the victims.

The American Federation of Teachers is so concerned that it has provided each of its 1.4 million members a $100,000 life insurance policy payable if the teacher dies as the result of workplace violence.

The major violence victims also include health care and social service workers such as visiting nurses, and employees of nursing homes, psychiatric facilities and prisons. They suffer two-thirds of all physical assaults. Many of the victims regularly deal with volatile, abusive and dangerous clients, often alone because of the understaffing that’s become all too common.

It could get even worse, at least for some workers. The RWDSU warns that today’s troubled economic times create additional threats. The danger is especially great for retail workers whose stores are likely to face increased incidents of theft, some involving gun-wielding robbers.

The RWDSU and other unions have been pushing for recognition of workplace violence as an occupational as well as criminal justice issue. That would put it under the purview of the federal Occupational Safety and Health Administration (OSHA) and state job safety agencies.

The federal and state agencies could then issue enforceable regulations designed to lessen the on-the-job dangers of violence, as they do for other hazardous working conditions. A few states do that already, but only for a very limited number of industries.

OSHA has issued guidelines for workers in late-night retail jobs, cab drivers and some health care workers, but the guidelines are strictly voluntary. Although the unions’ top priority is for legally binding regulations, they also are pressing employers to meanwhile voluntarily implement violence-prevention programs.

Currently, only about one-fourth of them have such programs or any guidelines at all. The RWDSU’s Health and Safety Department is offering to help the other employers develop programs.

We have federal and state standards, laws and regulations designed to protect working Americans from many of the serious on-the-job hazards they face daily. Yet we have generally failed to lay down firm guidelines for protecting workers from the workplace violence that’s one of the most dangerous hazards of all.

*This post originally appeared in Truth Out on February 11, 2010. Reprinted with permission from the author.

About the Author: Dick Meister is a former labor correspondent of the San Francisco Chronicle and has covered labor and politics for a half-century as a newspaper, radio, television and online reporter, editor and commentator.

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