Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘workplace violence’

Lesotho Plan Has All Elements to End Gender-Based Violence at Work

Thursday, August 22nd, 2019

A new worker-centered, precedent-setting program will comprehensively address the rampant gender-based violence and harassment (GBVH) denying thousands of women garment workers a safe and dignified workplace in Lesotho.

The program, established by two negotiated and enforceable agreements, will cover 10,000 Lesotho garment workers in five factories that produce jeans and knitwear for the global market. Lesotho-based unions and women’s rights groups, major fashion brands and international worker rights organizations, including the Solidarity Center, negotiated with the factory owner, Nien Hsing Textiles, to mandate education and awareness training for all employees and managers, an independent reporting and monitoring system, and remedies for abusive behavior.

The parties came to the table after the U.S.-based Worker Rights Consortium documented how the mostly female workforce at three Nien Hsing textile factories regularly was coerced into sexual activity with supervisors as a condition of gaining or retaining employment or promotions, and were persistently sexually harassed, verbally and physically.

The Lesothoan unions and women’s rights groups, all with proven histories of fighting to advance the rights of workers and women throughout the country, are: the Federation of Women Lawyers in Lesotho (FIDA), the Independent Democratic Union of Lesotho (IDUL), the National Clothing Textile and Allied Workers Union, Lesotho (NACTWU), the United Textile Employees (UNITE) and Women and Law in Southern Africa Research and Education Trust (WLSA)-Lesotho. They will administer the agreement and will serve on the oversight committee.

The Solidarity Center, WRC and Workers United joined these groups to negotiate the two agreements with Levi Strauss, The Children’s Place, Kontoor Brands and Nien Hsing Textiles.

“This is the first initiative in Lesotho that brings together workers, unions, women’s organizations and employers to work towards one common goal of improving the socioeconomic rights of women in the workplace,” said Thusoana Ntlama, FIDA programs coordinator, and Libakiso Matlho, WLSA national director.

Agreements Follow Report Documenting Abuse at Lesotho Factories

Nearly two-thirds of the garment workers WRC interviewed reported “having experienced sexual harassment or abuse” or having knowledge of harassment or abuse suffered by co-workers, according to the report. Women workers from all three factories identified GBVH as a central concern for themselves and other female employees.

“Many supervisors demand sexual favors and bribes from prospective employees,” one worker told WRC investigators. “They promise jobs to the workers who are still on probationary contracts.[…]All of the women in my department have slept with the supervisor. For the women, this is about survival and nothing else.[…]If you say no, you won’t get the job, or your contract will not be renewed.”

All the Elements to Prevent, Eliminate GBVH at Work

While sexual harassment and other forms of gender-based violence may happen at any workplace, GBVH is rampant in the global garment and textile industryGlobally, some 85% of garment workers are women. They are especially vulnerable to abuse and violence at work because of imbalanced power structures, high poverty and unemployment.

The Lesotho plan “has all the elements needed to prevent and eliminate gender-based violence at work,” says Solidarity Center Executive Director Shawna Bader-Blau. “First, there’s real accountability. It is binding and enforceable on all parties. And the global brands and the employer have guaranteed their commitment to enforcing and upholding the code of conduct by signing fully executed, binding and enforceable contracts.”

The agreements:

  • Establish an independent organization to investigate issues, fully empowered to determine remedies;
  • Create a clear code of conduct on unacceptable behaviors and a system for reporting abuse—with garment workers as full participants in creating, implementing and monitoring it; and
  • Establish an education and awareness program that goes beyond the typical harassment and gender violence training. It will be comprehensive and get at the root causes of gender discrimination and violence against women.

Importantly, says Bader-Blau, “the program is sustainable because it’s worker designed, with unions working together with women’s rights groups to deliver it.”

And because the freedom to form unions and collectively bargain has proven essential to addressing gender-based violence and harassment at work and in creating the space for workers to shape a future of work that is fair and democratic, it’s especially key that these agreements also protect workers’ rights to freely form unions, says Bader-Blau.

Nien Hsing, which manufactures apparel for global brands in several countries, signed one agreement with trade unions and women’s rights organizations in Lesotho to establish the GBVH program, and has committed to take recommended action when violations of the program’s code of conduct have been established.

The global brands entered into a parallel agreement in which, should Nien Hsing commit a material breach of its agreement with the unions and NGOs, it will take action, including a potential reduction in orders.

In the past, as one worker told WRC, “The [supervisors accused of harassment] are usually rotated to other departments,” arrangements the plan seeks to eradicate.

Putting the Plan into Action

Lesotho-based women’s rights organizations, unions, the Solidarity Center and WRC will jointly design the education and awareness program and curriculum, with input from the newly created independent investigative organization.

They also will carry out the two-day training in which all workers and managers will take part. Workers will be paid regular wages during the training.

And importantly, says Bader-Blau, “Empowered workers with a negotiated stake in the agreements can identify and report violence and harassment. And because they have established the terms with the employer as equals, they can be sure that retaliation for reporting abuse and the impunity of abusers will end. Unlike corporate social responsibility programs, the Lesotho program is a contractual agreement with the employer, the brands and the unions, which means everyone is accountable to the code of conduct–with workers able to enforce it as an equal party.”

The program is partially modeled after the Fair Food Program, a set of binding agreements between leading food brands, like McDonald’s and Whole Foods, and the Coalition of Immokalee Workers. Using the type of independent complaint mechanism that will be established by the Lesotho agreements, the Fair Food Program largely has eliminated what had been rampant sexual harassment and coercion in the tomato fields of Florida.

The agreements also build on the Bangladesh Accord on Fire and Building Safety, in which unions were key participants, and recognizes the fundamental role of collective bargaining in negotiating an agreement that is binding on employers and international brands and in bringing accountability to the global supply chain by ensuring the agreement is implemented and enforced.

Funding for the two-year program will come primarily from the three brands, in collaboration with the U.S. Agency for International Development, and the program will kick off in fall 2019.

This post originally appeared at the Solidarity Center.

This blog originally appeared in AFL-CIO on August 20, 2019. Reprinted with permission.

About the Author: Tula Connell got her first union card while she worked her way through college as a banquet bartender for the Pfister Hotel in Milwaukee they were represented by a hotel and restaurant local union (the names of the national unions were different then than they are now). With a background in journalism (covering bull roping in Texas and school boards in Virginia) she started working in the labor movement in 1991. Beginning as a writer for SEIU (and OPEIU member), she now blogs under the title of AFL-CIO managing editor.

12 Things You Need to Know About Death on the Job

Friday, April 26th, 2019

The AFL-CIO today released its 28th annual Death on the Job: The Toll of Neglect report. Each April, we examine the state of worker safety in America. This year’s report shows that 5,147 working people were killed on the job in 2017. Additionally, an estimated 95,000 died from occupational diseases.

AFL-CIO President Richard Trumka (UMWA) called for action:

This is a national crisis. And it’s well past time that our elected leaders in Washington, D.C., stop playing politics and take action to prevent these tragedies. Instead, the Trump administration is actually gutting the protections we fought so hard to win in the first place. This is unacceptable. It’s shameful. And the labor movement is doing everything in our power to stop it.

Here are 12 key findings from the report:

  1. Every day, 275 workers die from hazardous working conditions.
  2. There is only one Occupational Safety and Health Administration inspector for every 79,000 workers.
  3. Since 1970, there have been 410,000 traumatic worker deaths, but only 99 cases have been criminally prosecuted under the Occupational Safety and Health Act.
  4. The average OSHA penalty for serious worker safety violations is only $3,580. The penalty rises to $7,761, on average, for worker deaths.
  5. About 8 million public sector workers lack OSHA protection. Their rate of injury and illness is 64% higher than private sector employees.
  6. Workplace violence is now the third-leading cause of death on the job.
  7. Women face the brunt of workplace violence, accounting for 2 of every 3 people who are attacked.
  8. Workplace violence caused 807 deaths in 2017 and nearly 29,000 serious injuries. More than 450 of those deaths were homicides.
  9. Health care and social assistance workers are four times more likely to suffer a workplace violence injury than those who work in other occupations. The level of serious workplace violence injuries for these workers has risen 69% in the past decade.
  10. The five most dangerous states to work in are: Alaska, North Dakota, Wyoming, West Virginia and South Dakota.
  11. The fatality rate for Latino and immigrant workers and workers 65 and older is higher than the national average.
  12. Workplace violence is preventable. An enforceable OSHA standard would keep workers safe, but in the meantime, Congress should pass the Workplace Violence Prevention for Health Care and Social Service Workers Act.

Read the full report to learn more.

This blog was originally published by the AFL-CIO on April 25, 2019. Reprinted with permission. 

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars.

Caring for Our Caregivers: Workplace Violence Hearing Highlights Job-Related Assaults for Health Care and Social Service Workers

Friday, March 1st, 2019

Workplace violence is a serious and growing problem for working people in the United States: It causes more than 450 homicides and 28,000 serious injuries each year. Workplace homicide now is responsible for more workplace deaths than equipment, fires and explosions. Two of every three workplace violence injuries are suffered by women.

Health care and social service workers are at greatest risk of violence on the job because of their direct contact with patients and clients. They are five times as likely to suffer a workplace violence injury as workers in other occupations.

Violence against health care and social service workers is foreseeable and preventable but the Trump administration has refused to act. That is why Rep. Joe Courtney (Conn.) introduced legislation last week that would require the federal Occupational Safety and Health Administration (OSHA) to issue a standard to protect these workers. The standard would reduce violence by requiring employers to develop workplace violence prevention programs that identify and control hazards, improve reporting and training, evaluate procedures and strengthen whistlebower protections for those who speak up, which lead to safer staffing levels, improved lighting and better surveillance systems.

Today, the U.S. House of Representatives Committee on Education and Labor, Subcommittee on Workforce Protections, held a hearing to highlight this severe and growing problem and the need for an OSHA standard to protect working people. Patt, an AFT member from Wisconsin, testified about her traumatic experience of assault as a registered nurse. She and her colleagues had tried to speak to management and press for improvements, but their voices were not heard. Then she was attacked by a teenage patient with a history of aggression at a county mental health facility. He kicked her in the throat, collapsing her trachea, requiring intubation and surgery. She suffers severe post-traumatic stress disorder and can no longer work in her dream job as a nurse. It was not a random event, but a predictable scenario that could have been prevented with a clear plan and better-trained staff.

Watch the hearing.

Here are other union members’ experiences of violence on the job that could have been prevented with an enforceable OSHA standard:

Helene: An AFT member and psychiatric nurse in Connecticut for 16 years in an acute care hospital who attempted to hand a patient his pain medication when he punched her in her jaw, knocking her to the floor and breaking her pelvis. Helene was unable to return to work for six and a half months, had to go through rehabilitation and physical therapy, and suffers from post-traumatic stress disorder. This patient had a history of violence, including previously attacking a social worker, but there was no system in place to alert her.

Brandy: A National Nurses United (NNU) member and registered nurse in California for 18 years in general pediatrics who was assigned to a 14-year-old patient with a diagnosis of aggressive behavior. When Brandy entered the patient’s room, the patient had his mother pressed against the closet door with his hands around her neck. Brandy called for security and additional staff assistance. They were able to safely remove the patient’s mother, but the patient threw a chair at Brandy, who was trapped between a wall and a bed. Brandy suffers from tendonitis in her right elbow, which makes it difficult to do simple everyday tasks such as opening jars, typing and hanging bags of fluids at work. Appropriate violence-prevention controls include ensuring that large furniture and other items that can be used as weapons are affixed to the floor in rooms with aggressive patients.

Eric: An AFSCME member and security counselor at a Minnesota hospital who has administered treatment to the mentally ill for nearly a decade. Eric was assigned to monitor a highly assaultive patient who continually attacked his fellow patients. The patient then turned his assaultive behavior on Eric and punched him in the right eye, causing him to instantly lose sight in the impacted eye. Eric managed to restrain the patient until his co-workers arrived to assist. Eric was rushed to the emergency room via ambulance where they discovered he had a blow-out fracture of his orbital bone and a popped sinus. He received 17 stitches, and his eye socket has never fully recovered. The hospital did not have a comprehensive workplace violence prevention program that would have prevented this.

John: A United Steelworkers (USW) member and certified nursing assistant in California for 18 years who tried to change a male veteran’s wet bed when the patient became agitated and attacked John, breaking his arm. He was out of work for four weeks. John didn’t know the patient was prone to violence. At his facility, workplace violence comes from patients, visitors and other employees. There is at least one incident every week, ranging from slapping to breaking arms or punching. After John’s incident, the employer began requiring a note on the patients’ charts when they are prone to agitation or violence. Sometime later, the employer also began using red blankets on the beds to denote a combative patient so all employees would know when they interacted with the patient.

This blog was originally published by the AFL-CIO on February 27, 2019. Reprinted with permission. 

About the Author: Rebecca Reindel is a senior health and safety specialist at the AFL-CIO.

New Bill Seeks to Protect Health Care and Social Service Workers from Workplace Violence

Monday, November 19th, 2018

Workplace violence is a serious and growing problem for health care and social service workers. Nurses, emergency room doctors, social workers, psychiatric facility aides, and other health care and social service workers frequently face violence that leads to serious, life-altering injuries, loss of productivity and death. In 2016, working people petitioned the Occupational Safety and Health Administration for a workplace violence standard and, in 2017, OSHA granted that petition; yet there has been no action by the Trump administration to develop a national standard to protect workers from violence.

Some key facts about workplace violence:

  • It is responsible for more than 850 worker deaths and 28,000 serious injuries each year and is on the rise.
  • One of every six workplace deaths each year are from workplace violence.
  • It is now the second leading cause of death on the job.
  • Health care and social service workers are at greatest risk: They are nearly five times more likely than other workers to suffer a workplace violence injury.
  • Last year, workplace homicides doubled for health care and social service workers.
  • Two of every three workplace violence events are suffered by women.
  • Workplace violence is foreseeable and preventable.

Today, Reps. Joe Courtney (Conn.) and Bobby Scott (Va.) introduced legislation aimed at protecting health care and social service workers from workplace violence. In a letter supporting the legislation, Courtney said:

To address these rising rates of violence, I am introducing the Workplace Violence Prevention for Health Care and Social Service Workers Act. This legislation will require the Occupational Health and Safety Administration (OSHA) to issue a workplace violence prevention standard requiring employers in the health care and social service sectors to develop and implement a plan to protect their employees from workplace violence. These plans will be tailored to the specific workplace and employee population, but may include training on de-escalation techniques, personal alarm devices, surveillance and monitoring systems, or other strategies identified by the employers and employees to keep workers safe. While OSHA has already issued voluntary guidance to employers on how to prevent violence in these workplaces, data from [the Bureau of Labor Statistics] as well as personal testimony from workers about continuing violence shows that voluntary guidance is not sufficient. An enforceable standard is required to prevent the types of violence that are prevalent in too many of our hospitals, nursing homes and social service settings.

This blog was originally published by the AFL-CIO on November 19, 2018. Reprinted with permission. 

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars

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.

Hotel Housekeepers: Tipping as Hazard Pay?

Tuesday, October 31st, 2017

portrait

The New York Times has an article about failure of most hotel guests to give low-paid, hard-working housekeepers a much appreciated tip. Aside from the hard work they do,  the Times also notes the hazards of the job.

Angela Lemus, a housekeeper at the Wyndham Boston Beacon Hill who makes $19.91 per hour, said through a translator that in addition to scrubbing tubs and taking out trash, she sometimes has to clean blood or other medical waste from rooms….Desk clerk jobs don’t require the flipping of heavy mattresses or exposure to cleaning chemicals that can lead to respiratory and other health problems. Ms. Lemus, for example, developed an allergy to the latex gloves she was required to wear while cleaning. “It went on for years, and it got so bad my hands started to bleed,” she said. “I couldn’t let people see my hands.”

And let’s not forget musculoskeletal disorders from lifting bed mattresses and the threat of workplace violence from guests.

But are these really the same issue?  Are tips the solution to dangerous working conditions, or is elimination of hazards the solution to safe working conditions?  The Occupational Safety and Health Act says that all workers have a right to a safe workplace, whether they receive tips or not.

Implying the tips make it OK to work in hazardous conditions makes them sound like “hazard pay” and hearkens back to the good old pre-OSHA days where workers allegedly agreed to “assume” the risks of a job in return for a paycheck.

We’ve supposedly come a long way since then. Workers — even hotel housekeepers — deserve a living wage (including tips) for their work, AND workers have right to a safe workplace.

This blog was originally published at Confined Space on October 31, 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)

Tinder on Fire: How Women in Tech are Still Losing

Thursday, August 21st, 2014

  A “whore,” “gold-digger,” “desperate loser,” and “just a bad girl.”  These are only a handful of the sexist comments that Whitney Wolfe, co-founder of the mobile dating app Tinder, alleges she was subjected to by chief marketing officer Justin Mateen.  Last month, Wolfe brought suit against Tinder for sex discrimination and harassment.  Wolfe’s legal complaint details how Mateen sent outrageously inappropriate text messages to her and threatened her job, and how Tinder CEO Sean Rad ignored her when she complained about Mateen’s abuse.  Wolfe claims that Mateen and Rad took away her co-founder designation because having a 24-year-old “girl” as a co-founder “makes the company look like a joke” and being a female co-founder was “sluty.”

The conduct, which Wolfe’s complaint characterizes as “the worst of the misogynist, alpha-male stereotype too often associated with technology startups,” unfortunately remains the norm, and Wolfe is not alone in her experience.  Last year, tech consultant Adria Richards was fired after she tweeted and blogged about offensive sexual jokes made by two men at a tech conference.  After one of the men was fired from his job, Richards experienced horrendous Internet backlash, including rape and death threats.  She was then fired by Sendgrid after an anonymous group hacked into the company’s system in some twisted attempt at vigilante “justice.”

In 2012, junior partner Ellen Pao filed a sexual harassment suits against a venture capital firm, alleging retaliation after refusing another partner’s sexual advances.  And back in 2010, Anita Sarkeesian was the target of online harassment after she launched a Kickstarter campaign to fund a video series to explore female stereotypes in the gaming industry.  An online video game was even released in which users could “beat up” Sarkeesian.  These are just some of the many examples of demeaning attacks against women in the testosterone-driven tech world.

There are many state and federal laws that prohibit the kinds of workplace harassment that these women experience, including the federal Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Bane and Ralph Act, and the California Constitution.  These laws provide strong protections against gender harassment in employment and other contexts.  So why do these attacks on women continue to happen in an industry that is supposedly progressive and populated with fairly educated adults?

It doesn’t help that tech companies are also notorious for their lack of diversity.  This year, Google released its first diversity report which revealed that 70 percent of its workforce was male, and 61 percent was white.  The workforce was also predominantly male and white at Facebook, Yahoo, Twitter, and LinkedIn. Another report this year shows that the percentage of women occupying CIO positions at companies has remained stagnant at 14 percent for the last decade.  These numbers confirm what the stories reflect — that this industry truly is “a man’s world.”  And this needs to change.

Some may dismiss Wolfe’s lawsuit and similar complaints as coming from women who are hypersensitive.  Indeed, Wolfe claims that when she complained about Mateen’s harassment, she was dismissed as being “annoying” and “dramatic.”  While some degree of social adaptation may be expected when joining any company, particularly freewheeling start-ups, there are limits that must be respected.  Those limits are crossed when the pressure to conform to a white, male norm is so great that women who challenge this norm are further harassed or their voices suppressed.

Unfortunately, this marginalization of women who challenge the macho culture even comes from other women, who blame the “feminists” for making it harder for women to advance in tech.  This also needs to change.  Women who speak out about sexism and misogyny in the tech industry deserve the support of their colleagues, and men who turn to vitriol and juvenile behavior to intimidate deserve censure.

But change will not be achieved without help from sources outside the industry.  Attorneys and employee advocates must continue to bring attention to the rampant sexism that is “business as usual” in the tech industry.  We need to encourage tech companies of all stages and sizes to comply with employment laws, adopt proper HR practices, promote diversity and inclusion, and use objective standards to measure performance.  If the tech industry is serious about encouraging young girls to become coders and developers, it also needs to place women in conspicuous leadership roles and pay real attention to change the “guy culture.”

The tech world doesn’t have to be a man’s world, and it shouldn’t be.

 This blog originally appeared in CELA Voice on July 25, 2014. Reprinted with permission. http://celavoice.org/author/lisa-mak/.
About the Author: The authors name is Lisa Mak. Lisa Mak is an associate attorney at Lawless & Lawless in San Francisco, exclusively representing plaintiffs in employment matters. Her litigation work focuses on cases involving discrimination, harassment, whistleblower retaliation, medical leave, and labor violations. She is an active member of the CELA Diversity Committee, Co-Chair of the Asian American Bar Association’s Community Services Committee, a volunteer and supervising attorney at the Asian Law Caucus Workers’ Rights Clinic, and a Young Professionals Board member of Jumpstart Northern California working to promote early childhood education. She is a graduate of UC Hastings School of Law and UC San Diego.

Getting Heard on Workplace Violence

Monday, May 14th, 2012

Image: Richard NegriI was recently with the Nurse Alliance of California for its annual Legislative Conference. It is always an honor for me to share information with nurses about online tools we can and should employ as activists. Although I think my breakouts at the conference went over well, one of the themes of the conference — which many of you know I’ve been somewhat absorbed with — is workplace violence and workplace violence prevention. My goal here is to tie in information about this important subject matter and couple it with the online tools in our educated union member tool box.

With the advent of workplace violence among the top issues we face every day, would you agree that it is incumbent on us to start up and/or maintain the drumbeat about this discussion?  When one of our sisters or brothers gets brutally beaten or killed on the job, our reaction is immediate and strong, but how can we get to talking up a storm on this every day of the week? In part, this is about getting us mobilized around a few entry points to the discussion; in part it is to help us focus on some online venues we can take advantage of to get the conversation off the ground. Are you in this with me?

What I Know…

If you have been a nurse for a couple of weeks or a nurse for the last 30 years, violence on the job is never very far from you. Unfortunately, there are not a lot of legal protections in place. The Occupational Safety and Health Administration (OSHA) recognizes workplace violence as a hazard, but has no federal regulations in place requiring employers to deal with the problem. While some states, like New York, have some laws in place (thanks to the Public Employees Federation (PEF) and other unions) if there is no accountability, the laws are just bundles of paper in a drawer somewhere.

Various papers, studies, scholars, union leaders, and other folks reiterate this point: Workplace violence is an epidemic that many outside our facilities or day-to-day life have no clue even happens, much less how often it happens. More healthcare professionals are either assaulted or killed on the job than any other profession or trade.

For many of us, it is tremendously difficult to talk about something if we don’t have a concrete definition of what “it” is. What does that mean? We can all talk about what we think and feel after a co-worker is beaten on the job. We can all attend rallies, services, light candles, shake our heads … but what is “it”?  What is the definition of workplace violence?

Jonathan Rosen, MS CIH, Director of the Occupational Safety & Health Department for the New York State Public Employees Federation (PEF), facilitated an amazing breakout session on workplace violence at the California legislative conference. One slide in his presentation defined workplace violence very succinctly:  “Workplace violence is any physical assault, threatening behavior, or verbal abuse occurring in the work setting.”

Maybe as you read that, you thought about the countless times you felt threatened, were threatened, or were verbally abused at work. It’s likely that more than half of you have had first-hand experience with violence on the job.

This is probably not breaking news, but there are papers and studies out there that reveal that healthcare providers often do not report violence that occurs on the job. Another of Jonathan’s slides cited a National Crime Victimization Survey: “58% of harassed employees do not report incidents. Fewer than than half of workers report assault to the police. Only 25% of rapes at work are reported.”

Having the Discussion and Reporting the Problem(s)

Government statistics underestimate the true extent of violence at the workplace because:

* Data is collected on “battery” or incidents resulting in physical injury or death. Threats, verbal threats, and harassment are not reported to government agencies.

* In some jobs, assaults are so common that they are dismissed as “part of the job.”

* Other possible sources of information about violence — like hospital records or police reports — often fail to provide information about whether the injury was or was not work-related.

* Employers discourage employees from filing workers’ compensation claims for assault. In addition, many injuries do not meet the criteria for receiving workers’ compensation.

The reasons why our workplaces at times explode into violence add up to a growing list. According to the Safe Work, Safe Care Project, patients can become violent as a result of mental disorders, substance abuse, a past history of violence, head injuries, and confusion. The Project’s list includes about twenty issues — these are just the top five.

But why are we hesitant to report instances of violence on the job?  Many of us may have heard about the OSHA General Duty Clause — but, what is it?  It’s important!

OSHA’s General Duty Clause and EVERY Employer’s RESPONSIBILITY!

Every employer in the United States is responsible for creating and maintaining a safe and healthy workplace for its employees. The good news for us is this:  THERE ARE NO EXCEPTIONS.  That, sisters and brothers, that is the law.  It is your right as a worker.

Section 5(a)(1) of the Occupational Safety and Health Act requires that an employer:  “shall furnish to each of his employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”

This is what we refer to as the OSHA General Duty Clause.

In September 2011, OSHA issued procedures for its field staff to use when responding to incidents and complaints of workplace violence. We believe that this directive will help inspectors use the General Duty Clause when they can.

Start the Conversation with Thousands and Thousands of Nurses

Here are our talking points:

1) Workplace violence defined: “Workplace violence is any physical assault, threatening behavior, or verbal abuse occurring in the work setting.”

2) The Department of Justice says that fewer than half of all non-fatal violent workplace crimes are reported to the police.

3) Some known causes for under-reporting workplace assaults include:

“Part of the job” syndrome

Fear of blame or reprisal

Lack of management/peer support

Feeling it’s not worth the effort

4) OSHA and the OSHA General Duty Clause:

There are no OSHA standards regarding workplace violence (ain’t that something?) — however…as mentioned, in September 2011 OSHA issued directives for field staff when investigating incidents of workplace violence.

And …you have the right to a place of employment that is free from recognized occupational hazards which cause or are likely to cause serious harm, illness, or death.

5) Violence is recognized occupational hazard!

This blog originally appeared in Union Review on May 14, 2012. Reprinted with permission.

About the author: Richard Negri is the founder of UnionReview.com and is the Online Manager for the International Brotherhood of Teamsters.

"Sitting Ducks" and "Walking Targets": Risking Life on the Job

Thursday, August 25th, 2011

Image: Adam KaderWe all know the phrase “going postal,” right?  It’s when someone becomes extremely angry to the point of become violent, usually in the context of work.  It came about in response to a number of horrific incidents of violence committed by postal workers in the 1980s and ’90s.*

But this past week the Chicago Tribune ran a revealing story about the risks of violence posed to postal workers just doing their jobs.  In a place like Chicago, the workplace for mail carriers–the outdoors–presents natural health and safety risks, such as heat illness.  Being in Chicago, extreme weather conditions can be expected and prepared for.  But when routes run through high-crime areas, carriers’ work can become life-endangering from human factors of violence.

In the Tribune story, mail carrier Khalalisa Norris tells her story of being nearly gunned-down in a drive-by shooting (watch a video here).  Rodney Nelson, another mail carrier, describes being taken into an alley and held at gunpoint to hand over his mail bag.  And Berenda Walker was assaulted while organizing mail in her truck.

The National Institute for Occupational Safety and Health (NIOSH) reports that an average of 1.7 million people were victims of violent crime while working or on duty in the United States each year from 1993 through 1999 according to the Bureau of Justice Statistics (BJS).”

The Occupational Safety and Health Administration notes that “Violence in the workplace is a serious safety and health issue. Its most extreme form, homicide, is the fourth-leading cause of fatal occupational injury in the United States. According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), there were 521 workplace homicides in the preliminary count of 2009 in the United States, out of a total of 4,349 fatal work injuries.”  (For more information, see the Bureau of Labor Statistics’ Census of Fatal Occupational Injuries summary).

More than simply a neighborhood safety story, the Tribune article shows that this is a workers’ rights issue.  Mail carriers have had to battle management to be transferred to other routes after being the victim of a crime.  And there is currently no policy that requires supervisors to inform carriers when co-workers are robbed or assaulted.   According to the Tribune, the carrier’s union, the National Association of Letter Carriers, (NALC) “is pushing for a better system of reporting incidents, more flexibility for carriers who have experienced violence, and a system that would notify all carriers after an assault, robbery or shooting.”

The story shows how local residents are not the only victims of neighborhood violence.  Norris reports that now some of the residents on her route will stay on their porches until she finishes delivery on that block, to ensure her safety.  This suggests the need for a coordinated effort between local community groups and worker organizations like the NALC.

* Despite this spate of tragedies, research has shown the phrase “going postal” to be unwarranted: “Researchers have found that the homicide rates per 100,000 workers at postal facilities were lower than at other workplaces. In major industries, the highest rate of 2.1 homicides per 100,000 workers was in retail. The next highest rate of 1.66 was in public administration, which includes police officers. The homicide rate for postal workers was 0.26 per 100,000.”

This blog originally appeared in Dignity at Work on August 21, 2011. Reprinted with Permission.

About the Author: Adam Kader is the Worker Center Director at Arise Chicago.

Workplace Violence Is Not Part of the Job - A Nursing Phenomenon

Thursday, February 10th, 2011

Image: Richard NegriDeborah Bonn, the director of the Nurse Alliance of SEIU Healthcare Pennsylvania, recently sent an email to more than 500 SEIU nurses about the recent cluster of tragic events facing nurses around the country. These events put a spotlight on the extent of violence against nurses and other healthcare workers.

The problem is that even though these violent acts were widely reported, they have unfortunately since fallen off the radar.

In October 2010, there were two tragic news items originating in the San Francisco Bay area.

  • A psychiatric technician, Donna Gross, was killed on the job at Napa State Hospital. A mentally ill patient at the facility allegedly strangled her to death.
  • Two days after Ms. Gross was killed, Cynthia Palomata, a nurse at the Contra Costa County jail, was killed by a violent inmate who lost control and beat her with a lamp.

In Bonn’s letter to RNs, she wrote,

“Unfortunately, workplace violence won’t end by media attention alone…we should NOT BE OK with going to work knowing there’s a real possibility of getting hurt, traumatized or killed.”

Bonn says that nurses need to bring home the seriousness of workplace violence by telling their stories. As a nurse and union leader, she agreed to share her story with the public.

During my in-hospital nursing career, I was stabbed in the back with a fork by a patient, suffering from DT hallucination, who was hiding behind a door while doing hourly rounds on the night shift.

I’ve also been kneed in the chest by a belligerent patient – an incident which left me in severe pain. After a chest X-ray that was ordered by my private physician because the hospital doctor did not feel one was warranted, I learned my ribs were just bruised from the patient’s attack.

If this is not enough to convince you we need change, I can tell you about the time I was stabbed in the arm with a needle by an elderly demented patient, who grabbed the needle from me after I had given her insulin.

There was also the time I got kicked so hard by a patient that I was thrown against the wall and knocked unconscious to the floor – that was more than just a bad day on the job!

Is this what nursing has become? Was I supposed to just accept these acts of workplace violence as a ‘hazard of the job’ and expect nothing would change?

Believe me, I’ve endured many other attacks in my career besides the ones I describe here. In each case, the facility gave me the impression that this was just part of the job. The facility, in not so many words, told me that we are responsible for the patients and therefore, I was responsible for all these events!

How can we make this workplace violence stop?

For one, we need to keep it on our radar long after the traditional mainstream news drops the story.

Second, we need to hear from nurses everywhere with what their experiences have been – and what they think is the remedy to fix the issue.

SEIU has set up a form for nurses to share their experience so that we can then share their stories with others.

If you’re a Registered Nurse, tell us about your experiences with violence on the job in your hospital or care facilities at http://nursealliance.onlineactions.org/wpv

*This blog originally appeared in SEIU Blog on Feb 2, 2011. Reprinted with permission.

About the Author: Richard Negri is the founder of UnionReview.com and is the Online Manager for the International Brotherhood of Teamsters.

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