Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘workplace safety’

When VPP Companies Kill

Friday, October 20th, 2017

Over the past month, two workers have been killed at companies participating in OSHA’s Voluntary Protection Programs: Nucor Steel in Decatur, Alabama where Melvin Gant Jr. fell into a vat of the waste products of finished rolled steel, and a contractor at Valero Oil Refinery in Corpus Christi, Texas, Ezequiel Guzman Orozco, who died after allegedly falling from a scaffold.

I say “allegedly,” because Valero claims that the worker, an employee of Brand Energy Solutions, actually died from a heart attack, although “the medical examiner’s office said preliminary notes from Guzman Orozco’s autopsy showed there was blunt-force trauma to his body.”  The Valero case appears to be a VPP double-whammy as the contractor, Brand Energy Solutions at Valero, is also a VPP participant.

Participants in OSHA’s Voluntary Protection Program are supposed to be the best of the best.  The purpose of the program, according to OSHA is to “recognize employers and workers in the private industry and federal agencies who have implemented effective safety and health management systems and maintain injury and illness rates below national Bureau of Labor Statistics averages for their respective industries.” But, of course, the VPP program is more than just a recognition program, it also exempts VPP participants from programmed inspections — those inspections that stem from National or Regional Emphasis Programs, or any other OSHA targeting program.

Despite the goals of the program, sometimes things don’t go as expected, as we have seen recently at Valero and Nucor.

It will be interesting to see how OSHA deals with these fatalities. At the beginning of the Obama administration, VPP had come under significant criticism for allowing unqualified companies — even companies that where workers had died and had received willful citations — to remain in VPP.  In fact, a 2009 fatality at a Valero facility was highlighted by The Center for Public Integrity’s Chris Hamby in an article on hazardous conditions at VPP facilities that are allowed to remain in VPP despite evidence of major safety and health problems. In response to these problems, and in an effort to ensure that no company could simultaneously be a member of VPP and OSHA’s Severe Violator Enforcement Program at the same time,  OSHA issued a new policy in 2013 setting up a process for terminating VPP sites that had experienced fatalities or received a willful violation, but providing an opportunity to appeal the termination to the Assistant Secretary. Deaths among the contractors of VPP participants were considered to be the same as the death of an employee of the participant itself. Nucor has a history of fighting fatality-related terminations, even going to Congress to block OSHA’s actions. Valero, as we have seen, is claiming that the death was not work-related.

Meanwhile, the Voluntary Protection Programs Participants Association (VPPPA) continues to lobby for a bill that would make VPP permanent by writing it into the Occupational Safety and Health Act. The bill has been introduced every year for the past fifteen years, and is currently cosponsored by Reps. Todd Rokita (R-IN), Gene Green (D-TX) and Martha Roby (R-AL). Labor and most Democrats have generally opposed the bill as unnecessary, and also because the current version prohibits participant fees to support the program, fails to require union agreement with their employer’s participation and weakens criteria for admission to the program.

But the main problem with VPP — at least according to the VPPPA — remains unresolved: the failure of the program to grow over the past several years. The reason for the program’s failure to grow is lack of funding.  Under the Bush administration, the program tripled in size, growing to the point where OSHA no longer had the resources to maintain the integrity of the program. There was an enormous backlog of VPP reapproval applications, which meant that hundreds of sites were not being reviewed to ensure that they were still qualified to be part of VPP.  Under the Obama administration, OSHA chose to focus its resources on the program’s integrity (e.g. ensuring scheduled reapprovals) rather than growing its size. The fact that OSHA has not had a budget increase since 2010 has meant that the number of participant have slowly declined as some participants have dropped out or been terminated, while few resources are available to bring in new members.  Neither Trump’s proposed budget nor the budget proposals of the House or the Senate will change this equation much. And, as we reported yesterday, OSHA’s main hiring focus at this point seems to be on inspectors, not compliance assistance staff — which is as it should be.

OSHA has held two stakeholder meetings to “recalibrate” VPP “so that it continues to represent safety and health excellence, leverages partner resources, further recognizes the successes of long-term participants, and supports smart program growth.”  Additional comments were accepted through today.  We shall see what comes out of these discussion. Given the budgetary impedements to growth, the need for OSHA to focus on its core tool — enforcement — and VPPPA’s refusal to consider viable solutions like a fee-based program or graduating long-term participants out of VPP, it’s unlikely that any ideas will surface that will significantly change the program.

This blog was originally published at Confined Space on October 20, 2017. Reprinted with permission.

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

When the Parades Are Over, Who Stands With Unions?

Wednesday, September 6th, 2017

The Labor Day parades are over. The bands have packed up. The muscular speeches celebrating workers are finished. The trash is getting collected from parks across the country.  And now conservative politicians from Trump on down will revive their systematic efforts to weaken unions and undermine workers.

Trump – despite all the populist bunting that decorates his speeches – sustains the deeply entrenched Republican antipathy to organized workers. Their attack is relentless.

Trump’s budget calls for deep cuts in the Labor Department, eviscerating job training programs and cutting – by 40 percent – the agency that does research on workplace safety. It would eliminate the program that funds education of workers on how to avoid workplace hazards. It even savages money for mine safety enforcement for the miners Trump claims to love.

Trump is systematically reversing any Obama rule that aided workers. He signed legislation scrapping the rule that required federal contractors to disclose violations of workplace safety and employment and anti-discrimination laws. His Labor Secretary has announced his intention to strip millions of workers of the overtime pay they would have received under Obama DOL regulations.

Trump is creating a pro-business majority at the National Labor Relations Board, which will roll back Obama’s efforts to make it easier for workers to organize, and make it possible to hold home companies responsible for the employment practices of their franchisees.

The GOP’s Anti-Union Strategy

This is simply standard operating procedure for today’s Republican party. Long ago, Republicans realized that organized labor was a central “pillar,” as Grover Norquist described it, of Democratic Party strength. Now Republican office holders at every level – from county officials to statehouses to judges – know that their job is to weaken labor unions. From right to work laws to administrative regulations to court challenges, Republicans sustain an unrelenting attack.

And aided by our perverse globalization strategies, they’ve been remarkably successful. Unions are down to about 7 percent of the private workforce. Public employee unions, a relative stronghold, are facing court challenges – essentially allowing workers to enjoy the benefits of union negotiations without paying dues — that will decimate their membership.

True conservatives would embrace unions. They are a classic “mediating institution,” a voluntary civic organization between government and the individual. Unions increase the voice and power of workers in the workplace, helping to keep executive accountable, and to protect workers from abuse. They also educate their members, teach democracy, and are central to community volunteer and service efforts. They teach and practice democratic citizenship.

The modern Republican Party, of course, is the party of big business and big money. It isn’t conservative; it is partisan. And weakening unions is a constant target.

While Republicans understand how important unions are to Democrats and to workers, Democrats don’t seem to get it. Sure, they line up to get union donations; most will vote to defend unions and worker programs. But as the money in politics has gotten bigger and the unions have gotten weaker, the Wall Street wing of the Democratic Party has become more powerful.

The result is clear. When Republicans get control, they attack unions relentlessly. When Democrats gain control, as they did in 2012 with the election of Barack Obama and Democratic majorities in both houses, labor law reform, empowering workers to organize is not a priority. Obama essentially told unions that if they could get the votes, he’d sign the law, but he wasn’t leading the charge. And so as under Carter and Clinton, changing the law to make it easier for workers to organize and bargain collectively didn’t happen.

Unions Under Siege

Now unions are under siege. Yet it is hard to imagine how a small “d” democracy can be robust, or a large D Democratic Party can regain its mojo without a revived movement of workers. It’s time for Democrats at every level to realize: strengthening workers and their unions isn’t an elective; it’s a requirement and a first priority.

The loop works like this: Unions are in decline. As a result, unions lose influence inside the Democratic Party. The Democrats then feel no pressure to stem unions’ decline, and the economically disadvantaged lose what was once their most powerful advocate. Then the cycle continues. We cannot revive unions, and we have no template for egalitarian politics without them.

Unions aren’t simply economic actors. They’re political actors. Labor still needs the Democrats. The Democrats, more than they realize, still need labor. But most of all, all those who want to build a fairer society need their partnership.

Republican elites understand the doom loop. Big business, small business, and Tea Party alike have pushed hard against unions. As the parties have polarized, Republicans have taken the gloves off, risking the votes of the 40 percent of union members who back Republicans in order to crush a pillar of the Democratic coalition. Even President Bernie Sanders would have real trouble rebuilding unions in the face of a Republican Congress and a federal judiciary eager to swat down pro-labor executive action.

Even without Republican politicians digging their graves, labor unions face deep challenges. In the private sector, unions must sign contracts workplace by workplace. Gawker writers here and home-care workers there will continue to organize their workplaces, but the barriers remain dauntingly high. In the public sector, unions have stood steady. But cops and teachers alike face blowback for putting their own prerogatives above the public interest. And if the Supreme Court bans the collection of agency fees in the public sector (thus imposing “right to work”), public-sector union membership could halve in a decade.

This blog was originally published at OurFuture.org on September 5, 2017. Reprinted with permission. 

About the Author: Robert Borosage is the founder and president of the Institute for America’s Future and co-director of its sister organization, the Campaign for America’s Future. The organizations were launched by 100 prominent Americans to develop the policies, message and issue campaigns to help forge an enduring majority for progressive change in America. Mr. Borosage writes widely on political, economic and national security issues. He is a Contributing Editor at The Nation magazine, and a regular blogger at The Huffington Post. His articles have appeared in The American Prospect, The Washington Post,Tthe New York Times and the Philadelphia Inquirer. He edits the Campaign’s Making Sense issues guides, and is co-editor of Taking Back America (with Katrina Vanden Heuvel) and The Next Agenda (with Roger Hickey).

The Price for Killing Workers Must be Prison for CEOs

Friday, April 28th, 2017

Every 12 days, a member of my union, the United Steelworkers (USW), or one of their non-union co-workers, is killed on the job. Every 12 days. And it’s been that way for years.

These are horrible deaths. Workers are crushed by massive machinery. They drown in vats of chemicals. They’re poisoned by toxic gas, burned by molten metal. The company pays a meaningless fine. Nothing changes. And another worker is killed 11 days later.

Of course, it’s not just members of the USW. Nationally, at all workplaces, one employee is killed on the job every other hour. Twelve a day.

These are not all accidents. Too many are foreseeable, preventable, avoidable tragedies. With the approach of April 28, Workers Memorial Day 2017, the USW is seeking in America what workers in Canada have to prevent these deaths. That is a law holding supervisors and corporate officials criminally accountable and exacting serious prison sentences when workers die on the job.

Corporations can take precautions to avert workplace deaths. Too often they don’t. That’s because managers know if workers are killed, it’s very likely the only penalty will be a small fine. To them, it’s just another cost of doing business, a cost infinitely lower than that paid by the dead workers and their families.

This year is the 25th anniversary of the incident that led Canada to establish federal corporate criminal accountability. It was the 1992 Westray coal mine disaster that killed 26 workers. The Plymouth, Nova Scotia, miners had sought help from the United Steelworkers to organize, in part because of deplorable conditions the company refused to remedy, including accumulation of explosive coal dust and methane gas.

Nova Scotia empaneled a commission to investigate. Its report, titled The Westray Story: A Predictable Path to Disaster, condemns the mine owner, Curragh Resources Inc., for placing production – that is profits – before safety.

The report says Curragh “displayed a certain disdain for safety and appeared to regard safety-conscious workers as wimps.” In fact, Curragh openly thwarted safety requirements. For example, the investigators found, “Methane detection equipment at Westray was illegally foiled in the interests of production.”

The calamity occurred because Curragh callously disregarded its duty to safeguard workers, the investigators said. “The fundamental and basic responsibility for the safe operation of an underground coal mine, and indeed of any industrial undertaking, rests clearly with management,” the report says. 

The USW pressed for criminal charges, and prosecutors indicted mine managers. But the case failed because weak laws did not hold supervisors accountable for wantonly endangering workers.

The Steelworkers responded by demanding new legislation, a federal law that would prevent managers from escaping liability for killing workers. It took a decade, but the law, called the Westray Act, passed in 2003. Under it, bosses face unlimited fines and life sentences in prison if their recklessness causes a worker death.

Over the past 13 years, since the law took effect in 2004, prosecutors have rarely used it. Though thousands of workers have died, not one manager has gone to jail.

The first supervisor charged under the Westray Act escaped a prison sentence when he agreed to plead guilty under a provincial law and pay a $50,000 fine. This was the penalty for a trench collapse in 2005 that killed a worker. There are many methods to prevent the common problem of trench cave-ins, but bosses routinely send workers into the holes without protection.

In 2008, the company Transpavé in Quebec was charged under the Westray Law after a packing machine crushed one of its workers to death. There was a criminal conviction and $100,000 fine. But no one was jailed.

In another case, a landscape contractor was criminally convicted in 2010 for a worker’s death, but the court permitted the contractor to serve the two-year sentence at home with curfews and community service.

Soon, however, prison may become more than a theoretical possibility. A Toronto project manager was sentenced last year to three and a half years in prison for permitting workers to board a swing stage, which is a scaffold that was suspended from an apartment building roof, without connecting their chest harnesses to safety lines. The scaffold collapsed, and four workers plummeted 13 stories to their deaths. A fifth worker survived the fall with severe injuries. Another worker, who had clicked onto a safety line, was unscathed.

Before the project began, the manager took a safety course in which the life-and-death consequences of unfailingly utilizing safety lines was emphasized.

The manager described asking the site foreman, as the foreman and the workers climbed onto the scaffold at the end of the work day on Dec. 24, 2009, why there were not enough safety lines for all of the workers. When the foreman told him not to worry about it, the project manager, who was in charge of the job, did nothing. Seconds later, the scaffold floor split in half, dumping the foreman and four other men without safety lines to the ground.

The prosecutor said the manager’s failure to stop the scaffolding from descending with unsecured workers demonstrated “wanton and reckless disregard for the lives and safety of the workers.” The judge said the manager’s position conferred on him the responsibility for safeguarding the workers and that his conduct constituted criminal negligence under the terms of the Westray Law.

The manager has appealed the sentence. The worker who connected himself to the lifeline said the manager asked him that day to lie about what happened because, the manager told him, “I have a family.”  Of course, that ignores completely the families of the dead men.

It is what far too many bosses and CEOs do. They believe their lives are precious and workers’ are not. That’s why so many supervisors defy worker safety rules.

In most U.S. workplace deaths, the company suffers nothing more than a fine. Last year, for example, an Everett, Washington State, landscape company paid $100,000 for the death of a 19-year-old worker crushed in an auger on his second day on the job. His father, Alan Hogue, told The Seattle Times, “It’s just a drop in the bucket. It’s like fining me $10 for shooting a neighbor.” The state cited the company for 16 serious and willful safety violations.

Federal criminal penalties for killing a worker in the United States are so low that they are insulting. The maximum sentence under OSHA is six months; under MSHA, one year. Prosecutors almost never bring such cases, since the penalties are so low and the burden of proof so high.

U.S. supervisors have gone to jail under state criminal laws, though it’s rare. A New York construction foreman was convicted of criminally negligent homicide and sentenced in 2016 to at least 1 year behind bars for sending a 22-year-old worker into an unsecured trench and for failing to stop work when an engineer warned it was too dangerous. The trench collapsed minutes later.

In a similar case, the owner of a Fremont, Calif., construction company and his project manager were convicted of manslaughter and sentenced to two years in prison after a trench collapsed on a worker. The January 2012 incident occurred three days after a building inspector ordered work to stop because the excavation lacked shoring. The manager ignored the order.

“These men, the workers, were treated like their lives didn’t matter,” Deputy District Attorney Bud Porter told a reporter at the time of conviction.

The only way to make workers’ lives matter is to make prison a real possibility for CEOs and supervisors. Lethal greed must be tempered by frightening ramifications. Fines are no threat.  Only prison is. America needs its own Westray Law and aggressive enforcement.

This post originally appeared on ourfuture.org on April 27, 2017. Reprinted with Permission.

Leo Gerard is the president of the United Steelworkers International union, part of the AFL-CIO. Gerard, the second Canadian to lead the union, started working at Inco’s nickel smelter in Sudbury, Ontario at age 18. For more information about Gerard, visit usw.org.

Trump Labor Department has a message to employers: Workplace safety? Not a priority.

Wednesday, March 15th, 2017

Donald Trump’s Labor Department is sending employers a message that it’s open season on worker safety—by cutting off public messages about enforcement of worker safety rules. What Fair Warning noticed 10 days ago is still going on today:

In a sharp break with the past, the department has stopped publicizing fines against companies. As of Monday, seven weeks after the inauguration of President Trump, the department had yet to post a single news release about an enforcement fine. […]

“The reason you do news releases is to influence other employers” to clean up their acts, said David Michaels, who was an administrator of the Occupational Safety and Health Administration, the agency within the Labor Department that oversees workplace safety, during much of the Obama administration.

If there aren’t news releases, people are much less likely to hear which local companies are endangering their workers, which means that much less pressure on the companies to keep workers safe. That’s not the only red flag about the direction Trump and his people will take the Occupational Safety and Health Administration:

Industry groups are pushing back against an Obama-era regulation meant to exert pressure on companies to better comply with record-keeping rules. A provision of that rule, which was supposed to take effect last month, would require companies to electronically submit accident data to OSHA so the agency could post the information on a public website. As recently as early January, OSHA said on its website that it expected the site to be live in February.

But in recent weeks, the agency changed the wording so that it now states, “OSHA is not accepting electronic submissions at this time.”

“That was not an accident,” said Mr. Conn, the lawyer. “That was a big signal to employers that even if they report the data, it will not be published online.”

Republicans are also rolling back increased workplace safety fines; delaying a new rule limiting exposure to beryllium, which can cause a chronic lung disease; and in other ways weakening OSHA’s enforcement powers. But hey, the public is less likely to know about the deaths that result, so politicians are less likely to get pressure from people who care about dead workers, while industry lobby groups will stay just as active pushing for less and less enforcement. So Republicans have got it all worked out.

This article originally appeared at DailyKOS.com on March 14, 2017. Reprinted with permission.

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

Labor Department Issues Final ‘Fair Pay And Safe Workplaces’ Rules

Tuesday, August 30th, 2016

dave.johnson
The Department of Labor (DOL) has released the final rules for implementing President Obama’s two-year-old Fair Pay And Safe Workplaces executive order.

The July 2014 post, Obama’s ‘Fair Pay and Safe Workplaces Executive Order’, explained the order:Executive-order-contractors-SEIU-300x300

Saying that “taxpayer dollars should not reward corporations that break the law,” President Obama on Thursday issued another executive order designed to help low-wage workers.

… President Obama’s executive order cracks down on federal contractors who break hiring, health and safety, and wage laws. It also prohibits employers from requiring mandatory arbitration agreements with employees of federal contractors, in order that workers can get their day in an actual court instead of being forced to appear in front of an arbitrator picked and paid for by the company when there is a dispute involving the Civil Rights Act or related to sexual assault or harassment.

Specifically, the new rules require companies that bid on federal contracts to disclose wage and hour, safety and health, collective bargaining, family and medical leave, and civil rights violations from the prior three years. Federal contractor hiring officers are to take serious violations into account before awarding contracts.

Hold Companies Accountable

Ohio Sen. Sherrod Brown, the sponsor of the Wage Theft Prevention and Wage Recovery Actto combat wage theft and require employers to provide timely paychecks, issued a statement tying the new rule to the plight of Senate cafeteria workers who work for contractor Restaurant Associates,

“We’ve seen what happens when federal contractors like Restaurant Associates don’t treat our workers fairly – employees are deprived of wages and protections that all our workers deserve,” said Brown. “This executive order will hold companies like Restaurant Associates and anyone who does business with the federal government accountable and improve the lives of millions of Americans who work for federal government contractors. I’m pleased the Department of Labor issued this guidance so we can improve oversight of contractors.”

AFL-CIO President Richard Trumka issued this statement:

The AFL-CIO applauds the Administration for moving forward with regulations and guidance implementing the Fair Pay and Safe Workplaces Executive Order. This measure will make our contracting system more fair and accountable, which is good for working families, law-abiding employers, and communities. Companies that receive taxpayer-funded contracts should obey the law and respect their employees’ rights, and with today’s actions, the Administration has taken an important step in moving that common-sense principle forward.

The Teamsters issued a statement celebrating the final rules, titled, “Teamsters Voice Support For Fair Pay And Safe Workplaces Executive Order“:

“The Teamsters Union fully supports President Obama’s Fair Pay and Safe Workplaces Executive Order,” said Teamsters General President Jim Hoffa. “It will not only protect the millions of workers that are employed by federal contractors, but it will ensure that taxpayer money is not being handed to companies that blatantly violate labor and workplace laws.”

The executive order will put in place regulations that will address key issues workers are faced with on the job at federal contractors including wage theft, safety violations and discrimination. The union passed a resolution supporting the Fair Pay and Safe Workplaces Executive Order at its International Convention this past June:

“Be it resolved at this 29th International Convention that the Teamsters are committed to fighting for full implementation of the Fair Pay and Safe Workplaces Executive Order and for the fundamental principle that employers who receive federal taxpayers’ money should comply with federal labor law.”

“Will Hamstring Employers And Contractors”

The Daily Caller story, “Obama Issues Order That Will Hamstring Employers And Contractors“, provides the Republican view, saying that actually having to pay employees and comply with the law, not cheat them, will “hamstring” businesses:

The rule was blasted by employers, who asserted that it would result in fewer qualified bids for federal contracts. The Associated Builders and Contractors told The Wall Street Journal the rules, “will result in needless delays and litigation, crippling the contract award process.”

Three House Republican lawmakers with the Committee on Education and the Workforce criticized the rule, saying that, “unfortunately, this administration would rather spend time and resources creating new layers of bureaucracy instead of using its existing authority to enforce current protections.” Chairman John Kline of Minnesota, along with Reps. Tim Walberg of Michigan and Phil Roe of Tennessee, went on to say that, “This redundant, unnecessary, and unworkable regulatory scheme isn’t about protecting the rights of workers. It’s about growing government and promoting a culture of union favoritism.”

This post originally appeared on ourfuture.org on August 25, 2016. Reprinted with Permission.

Dave Johnson has more than 20 years of technology industry experience. His earlier career included technical positions, including video game design at Atari and Imagic. He was a pioneer in design and development of productivity and educational applications of personal computers. More recently he helped co-found a company developing desktop systems to validate carbon trading in the US.

The Advocate: North Carolina's Transgender Discrimination Bill Hurts Everyone

Friday, June 10th, 2016

Kenneth-Quinnell_smallThe Advocate has a piece by Catalina Velasquez, director of People For the American Way Foundation’s “Young People For” program, that explains why the recently passed transgender discrimination law in North Carolina hurts everyone, not just the direct targets of the legislation.

An excerpt:

The recent passage of House Bill 2, the North Carolina law that includes a provision preventing trans people from using the bathroom that matches their gender identity, has been met with an avalanche of protest. So far the conversation has largely centered on the devastating effect the law has on transgender North Carolinians—and rightfully so. Based on zero evidence, legislators framed trans people as predators, a smear that protects no one while harming many. One transgender woman in Greensboro, N.C., told PBS, “Being out in public now, I feel like I might have a target on me.”

A suicide prevention hotline serving transgender people reports that the number of calls has doubled since H.B. 2 became law. There’s no question that this shameful law targets trans people, and it’s impossible to overstate the harm of that dehumanization. But what has been largely missing from the discussion are the ways in which this is also about disability justice, about economic justice, about families and much more. Quite simply, this fight affects everyone.

Read the full article.

 

This blog originally appeared at aflcio.org on June 10, 2016. Reprinted with permission.

Kenneth Quinnell: I am a long-time blogger, campaign staffer and political activist.  Before joining the AFL-CIO in 2012, I worked as labor reporter for the blog Crooks and Liars.  Previous experience includes Communications Director for the Darcy Burner for Congress Campaign and New Media Director for the Kendrick Meek for Senate Campaign, founding and serving as the primary author for the influential state blog Florida Progressive Coalition and more than 10 years as a college instructor teaching political science and American History.  My writings have also appeared on Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.  I am the proud father of three future progressive activists, an accomplished rapper and karaoke enthusiast.

Remembering Day Davis – and Standing Up for Temp Workers

Wednesday, August 19th, 2015

COSH-networkAt 3 p.m. on August 16, 2012, Duquan “Day” Davis reported to work at a Bacardi bottling plant in Jacksonville, Florida. It was his first day on the job, on assignment for Remedy Intelligent Staffing, a temporary employment agency. For Davis, 21, a recent graduate of the federal Job Corps program, the temp job at Bacardi was his first job ever.

Less than two hours after showing up for his first shift, Davis was dead. The young worker had been sent to clean out broken bottles that were clogging a palletizer. While he was out of sight, the machine was started up again, crushing him to death.

In Feb. 2013, OSHA cited Bacardi for 12 safety violations and proposed $192,000 in fines against the company, finding that the firm had not trained temporary employees – or its full-time employees – on the lock out and tag out procedure that could have prevented the start-up of the machine that killed Davis. “A worker’s first day at work shouldn’t be his last day on earth,” said Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.

The fine against Bacardi was later reduced to $110,000. Remedy Intelligent Staffing – Davis’ actual employer – was never cited. The temp firm is part of the Select Family of Staffing Companies, America’s fourth-largest industrial temp agency, with $1.9 billion in revenue in 2012.

Davis’ story – and the heartbreak felt by the family and fiancée he left behind – is hauntingly told in the independent documentary “A Day’s Work.” The film was produced by David DeSario, himself a former temp worker. It features Barbara Rahke, executive director of PhilaPOSH and board chair of National COSH, and was screened at the National Conference on Worker Safety and Health in June of this year.

“A Day’s Work” is gaining attention at film festivals and from labor and safety audiences in cities across the country.  You can see the documentary at upcoming screenings  in Massachusetts, Colorado, Florida, New Jersey, and Washington DC.

This year, some 14 million Americans will work on assignment to a temporary agency. Three years after Davis’ tragic death, only a few states have laws on the books that offer protections for temporary workers, among them Massachusetts and California.

  • In 2012, after successful lobbying by MassCOSH and other groups, Massachusetts passed the Temp Workers Right to Know Law. It requires agencies to key details of job assignments, in writing, to temp workers.
  • In 2014, following a push by WorkSafe, SoCalCOSH and other advocacy groups, the California legislature passed a law will requiring host employers and their staffing firms to take joint responsibility for the health, safety, and rights of temporary employees.

Too often, temp agencies and host employers still try to pass off responsibility for proper safety procedures. The host company says: “They’re not our employees.” The temp agency says, “It’s not our workplace.” As a result, workers fall through the cracks. A review of data in five states by the investigative news website ProPublica found that temps are 36 to 72 percent more likely to get injured at work than full-time employees.

That’s why safety advocates are calling for national standards. Recommendations from National COSH, the National Staffing Workers Alliance and the Occupational Health and Safety Section of the American Public Health Association include:

  • A clear definition of responsibilities of host employers and temporary staffing agencies in complying with the health and safety laws
  • A written policy specifying health and safety training requirements for temporary staffing agencies
  • Increased and better tracking of injury and illnesses for temps
  • Improved protocols when OSHA investigates incidents involving temporary employees.

For more information on temp workers, see the National COSH Campaigns page.

Also, check out upcoming screenings of “A Day’s Work” in Massachusetts, Colorado, Florida, New Jersey, and Washington DC.  To schedule a screening of “A Day’s Work” in your community, contact: TempEmployees@gmail.com

This blog originally appeared at Coshnetwork.org on August 13, 2015. Reprinted with permission.

National COSH links the efforts of local worker health and safety coalitions in communities across the United States, advocating for elimination of preventable hazards in the workplace. “Preventable Deaths 2015,” a National COSH report, describes workplace fatalities in the United States and how they can be prevented. For more information, please visit coshnetwork.org. Follow us at National Council for Occupational Safety and Health on Facebook, and @NationalCOSH on Twitter.

A Victory for Silica Dust Exposed Workers?

Tuesday, August 27th, 2013

Mike ElkToday, after a much-criticized delay on issuing a rule to limit workers’ exposure to cancer-causing silica dust, the Obama administration put forward a proposed rule for public consideration. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) estimates that once the rule is in effect, it could save 700 lives a year and prevent nearly 1,600 cases of silicosis annually.

In an OSHA press release, Dr. David Michaels, assistant secretary of labor for occupational safety and health, commented, “Exposure to silica can be deadly, and limiting that exposure is essential. Every year, exposed workers not only lose their ability to work, but also to breathe. This proposal is expected to prevent thousands of deaths from silicosis—an incurable and progressive disease—as well as lung cancer, other respiratory diseases and kidney disease. We’re looking forward to public comment on the proposal.”

Workplace safety advocates applauded the decision. In a press release issued by the non-profit National Council for Occupational Safety and Health, executive director Tom O’Conner noted that workers who are most exposed to silica tend to be those least able to advocate for themselves.

“Low-wage immigrant workers and temporary workers are disproportionally represented in the industries with silica exposure—and are the most vulnerable to retaliation should they report potential hazards, injuries or illnesses,” O’Conner said. “This new rule will help to pull them out of the shadows and make them safer at work. Everyone, regardless of immigration status, deserves a safe workplace.”

However, some in organized labor say the fight to enact the rule has just begun, as it will have to undergo a public comment period before it is issued. In his response to the news of the rule, AFL-CIO President Richard Trumka cautioned:

But this rule is only a proposal–workers exposed to silica dust will only be protected when a final rule is issued.  Some industry groups are certain to attack the rule and try to stop it in its tracks. The AFL-CIO will do everything we can to see that does not happen. We urge the Obama administration to continue moving forward with the public rule-making process without delay. The final silica rule should be issued as fast as humanly possible, to protect the health and lives of American workers.

This article originally appeared in Working in These Times on August 23, 2013.  Reprinted with permission.  

About the Author: Mike Elk is an In These Times Staff Writer and a regular contributor to the labor blog Working In These Times.

Student guest workers walk off the job at McDonald's to protest abuses

Wednesday, March 13th, 2013

avatar_2563Student guest workers on the J-1 cultural exchange visa program walked out of their jobs at Pennsylvania McDonald’s restaurants Wednesday morning, citing abuses of the same kinds that caused a walkout from a Hershey’s supplier in summer 2011. As a result of that strike, the State Department investigated the program and strengthened protections somewhat, but not enough, according to analysts at the time and as demonstrated by the fact that once again student guest workers are coming forward with allegations of wage and hour abuses and having unreasonable rents deducted from their paychecks for basement rooms shared by several people.

Sean Kitchen reports that, at a recent meeting in Harrisburg, some of the student workers described their living and working conditions:

While at work, these “students” were often forced to work from 6 or 7 in the morning to as late as 11 at night with only one 30 minute to hour break. And to top it off, these students are paid minimum wage for all the hours they worked, despite working well over 40 hours per week, qualifying them for overtime pay. […] Fernando told us about a story of retaliation from his employer.  When he spoke out against the company’s tactics, the manager gave Fernando a 4 hour work week.  When Fernando was explaining that this story to the room, he asked, “how am I suppose to pay a $300 rent when only working 4 hours in 1 week?”

One of the striking workers contacted the State Department, only to face intimidation in response:

Rios said that the US government responded by contacting GeoVisions, the organization that sponsored the trip; that triggered an unannounced visit to Rios’ shared basement room by a GeoVisions representative and Rios’ boss, McDonalds franchisee Andy Cheung. (GeoVisions did not immediately respond to a request for comment.)Rios said that Cheung yelled at him, while the GeoVisions staffer stood by, hands shaking, acting like Cheung was his boss as well. “You could see he was scared,” said Rios. “He would say things like, ‘This doesn’t look so bad to me.’”

Participants pay $3,000 or more for the chance to join the program, which is billed as cultural exchange, an opportunity to experience the United States. Arguably, being mistreated at a low-wage job is an important part of the American experience these days, but should the State Department really be running that?

This article was originally posted on the Daily Kos on March 6, 2013. Reprinted with Permission.

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

AFL-CIO Head Trumka: Romney 'sure doesn't know anything about coal mining'

Wednesday, October 31st, 2012

The United Mine Workers of America is sitting out this presidential race as Mitt Romney and President Barack Obama battle over parts of coal country. But former UMWA president and current AFL-CIO President Richard Trumka spoke to the press Monday not just as an advocate for all workers but from the perspective of a third-generation coal miner.

While Romney has centered his coal country campaign on inaccurate claims that overregulation by the Obama administration has weakened the coal industry (Romney’s beloved free market is the real culprit), Trumka pointed to how workplace safety is enforced in this dangerous industry:

[President Obama] has appointed people who are enforcing safety laws, these are the real regulations coal operators don’t want enforced….MSHA [Mine Safety and Health Administration] is enforcing the laws and now coal operators are not able to get away with violations like they did before, especially high violators.

Among the regulations and oversight that Romney would weaken or abolish are those that save miners’ lives. So it’s important that Romney’s “Obama’s war on coal” rhetoric not be allowed to cloud the picture, obscuring that coal’s recent struggles aren’t due to regulation, and that when he talks about regulations, he’s talking about people’s lives. Beyond that, Trumka drove home the distance between the coal miners Romney pretends to care about and Romney’s own life:

Mitt Romney says coal country is his country. Well, he’s wrong—it’s ours….Mitt Romney doesn’t know about getting his hands dirty, and he sure doesn’t know anything about coal mining.

This article was originally published by The Daily Kos on Monday, October 29, 2012. Reprinted with permission.

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

Your Rights Job Survival The Issues Features Resources About This Blog