Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘worker safety’

For Incarcerated Workers, Summer Heat Can Be a Death Sentence

Thursday, August 29th, 2019

Image result for Ella FasslerTemperatures reached 97 degrees on June 21 at the French Robinson Unit prison the day Seth Donnelly collapsedThe Texas Observer reported Seth passed out during his prison job of training attack dogs—running around in a 75-pound “fight suit” while the dogs tried to bite him. Seth’s internal body temperature was 106 when he reached the hospital, where doctors eventually took him off life support. He died on June 23, and his preliminary autopsy lists multiorgan failure following severe hyperthermia.

These conditions aren’t new. Danielle, who asked for In These Times to withhold her last name to protect her family-run business from social stigma, says she woke up in her cell in Texas at Gatesville Prison one typical early morning in July 2015, drenched in sweat. Without time (or permission) to shower or brush her teeth, she reports she was corralled to the fields in a heavy uniform.

“It didn’t feel safe,” says Danielle, who explains she picked tomatoes and jalapeño peppers without pay. Gatesville’s average high temperature that month was 98 degrees. “Texas in July, it’s like sitting on hell’s doorstep,” she says.

A guard who Danielle says she was “deathly terrified of” patrolled the “state property” (the term guards used for incarcerated people) on a horse. Danielle says she was not provided gloves, which often left her hands exposed to thorns and caustic jalapeño juices. One day, Danielle says, after several hours, another woman without gloves asked the guard if they could wash out their wounds. According to Danielle, the guard stopped, pulled her gun and yelled like a drill sergeant: “What are the rules of the field?” Danielle testifies that another group yelled back, “No breaks until work is done.”

Although there is little data or reporting on heat conditions for incarcerated workers, they may be especially vulnerable to being pushed to their limits because there are few labor protections and little to no oversight.

The Occupational Safety and Health Act of 1970 requires employers to protect workers from serious hazards (including heat-related risks). Though the Act does not cover incarcerated laborers, the Occupational Safety and Health Administration (OSHA) has said federal prisons must still uphold its standards—which include, when the heat index hits 91?103 degrees, reminding workers to drink 4 cups of water an hour, scheduling frequent breaks in cool areas, and developing work/rest schedules for workers in heavy clothing.

But OSHA rules do not apply to state prisons. Twenty-two states have adopted OSHA “state plans,” which cover state prisons with standards intended to be at least as effective as federal standards. Eight of the 10 states with the highest incarceration rates have declined to adopt these plans.

“The guards could literally do whatever they wanted to us,” says Danielle, who was incarcerated in Texas from August 2014 to September 2015..

Danielle’s stated working conditions appear antithetical to OSHA’s guidelines. “There was a vehicle that would come by and bring some water, but if the vehicle broke down you were out of luck for water that day,” she says. “That happened numerous times. Even when we get water it was gone within a few minutes and they won’t refill it for you. There are 50-plus women and the women in the back don’t get any.”

Danielle also says adequate work/rest schedules were not implemented. “We would go on for four hours or more before we sat in the shade,” she says. “I remember thinking—I know there were women there who were much older than me doing the exact same thing—‘What would my mother do?’ She would die. She would just fall over on the field and die. How is this possibly allowed?”

Danielle was not alone: Nearly half of people imprisoned in the U.S. work while incarcerated, a population disproportionately likely to be Black. Penal labor became a more significant part of the American economy following the Civil War; police would conduct sweeps and make arrests of Black men when plantations needed additional labor for planting, cutting and harvesting crops. Today, a majority of incarcerated workers perform “institutional maintenance,” which includes tasks like mowing the compound lawn and mopping floors. A relatively small number of others work in “correctional industries,” manufacturing things like license plates, sewing American flags and—as in Danielle’s case—harvesting vegetables that are later sold for a profit. All seven states that don’t pay for non-industry labor are in the South, which can reach dangerously hot summer temperatures.

Even indoor prison work can be dangerous, as 13 states—most of them in the South—do not equip prisons with air conditioning. As Time noted in 2016, more than 120,000 beds in Texas’ criminal justice system do not have air conditioning, while “less than 1% of free Texans live in a home without air conditioning.” OSHA recommends indoor temperatures between 68?76 degrees, and Texas county jails must be between 65?85 degrees—but not Texas state prisons.

While there have not been any assessments of the occupational health of incarcerated workers, it is well documented that heat-related illnesses are a general problem for people in prisons, even when they are not working.

Anecdotal evidence of heat-related problems inside prisons provides additional insight. In a first-person account for The Marshall ProjectTimothy Bazrowx described being beaten with a pipe and how a field captain shot at his feet during his first day of work in the fields. In 2017, The Daily Haze published a video of incarcerated workers screaming for help inside of a St. Louis workhouse as temperatures broke 100 degrees. The Campaign to Fight Toxic Prisons, a group of grassroots advocates, said it is “common for prisoners within [the Florida Department of Corrections] to be routinely denied adequate food and safe drinking water, especially those who go outside the gate on work crews. They are never given enough to eat and are forced to work in all conditions despite injury, sickness, brutal temperatures.”

Andrew, a 31-year-old who has been incarcerated in Florida since he was 17, says confined laborers are routinely dehydrated on the job. Andrew says his first mandatory prison job, in 2006 at age 18 in Hamilton Correctional Institution (HCI), consisted of mowing the swampy compound lawn using a dull-bladed non-electric push mower in cloth shoes with poor soles from 8 a.m. until the end of the day and/or job completion alongside a group of other men. The closest large city to HCI, Valdosta, Georgia, had an average high of about 92 degrees during Andrew’s first summer on the job. The confined laborers were generally given water in the mornings, according to Andrew, but the igloo cooler was empty within an hour and a half. During his time on the job, he frequently witnessed people collapsing from fatigue, he told In These Times. And sometimes, he says, the simple act of taking a break resulted in violent discipline: “The officers will come and they’ll put you in handcuffs … and a lot of times the handcuffs turn into you getting slammed on the floor,” Andrew says.

Limited strides to cool prisons in Texas have been made through civil litigation. After four years of litigation, in May 2018, the Texas Department of Criminal Justice (TDCJ) agreed to install air conditioning in the housing sections of Wallace Pack Unit, which houses many elderly and vulnerable prisoners. As recently as August 9, however, Federal Judge Keith Ellison accused TDCJ of not fully complying with the settlement.

The suffering endured in the heat, which will worsen with climate change, is stoked by cruelty. “Despite the heat and terrible conditions we lived in—basically, sleeping in a sauna—it was so much more than that,” says Danielle. “It was like [the guards] got a thrill out of making us feel we were lesser than people.”

This blog was originally published at In These Times on August 29, 2019. Reprinted with permission.

About the Author: Ella Fassler is an independent writer, researcher and prison abolitionist.

OSHA Announces Rollback of Recordkeeping Requirements

Wednesday, January 30th, 2019

In its first completed rollback of a previously issued regulation in the Trump administration*, the Occupational Safety and Health Administration today announced its final recordkeeping regulation that eliminates the requirement that certain employers send in to OSHA detailed information about injuries and illnesses that employers already collect.  The Office of Information and Regulatory Affairs announced that it had rushed to clear the rule last week. The full 104 page text of the new rule and the preamble can be found here.

The main excuse OSHA uses for the rollback is “to protect worker privacy.” Ignoring the fact that employers were not required to send any confidential information to OSHA in the first place, the agency’s press release argues that

By preventing routine government collection of information that may be quite sensitive, including descriptions of workers’ injuries and body parts affected, OSHA is avoiding the risk that such information might be publicly disclosed under the Freedom of Information Act (FOIA). This rule will better protect personally identifiable information or data that could be re-identified with a particular worker by removing the requirement for covered employers to submit their information from Forms 300 and 301.

The new rule does not affect the current requirement that employer send in to OSHA the summary of injuries and illnesses (OSHA Form 300A), although the agency makes clear that they do not intend to release the summary information to the public for at least 4 years because they allege that the data is not subject to the Freedom of Information Act which would normally require public disclosure. OSHA’s reason is that “disclosure of 300A data through FOIA may jeopardize OSHA’s enforcement efforts by enabling employers to identify industry trends and anticipate the inspection of their particular workplaces.” [emphasis added]

This is simply the business community’s attempt to ensure that the public have as little information as possible about injuries and illnesses — and why they happen — in American workplaces.

Regulatory experts have a highly technical term for such explanations: “lame.”

First, an employer’s ability to anticipate an inspection is actually a good thing because it may encourage the employer to fix unsafe conditions. Second, in previous enforcement programs using similar data, OSHA actually warns high risk employers that they are on a focused inspection list, and encourages them to use OSHA’s compliance assistance resources to eliminate unsafe conditions before they are inspected.  In other words, public disclosure of such information is actually a feature of this program, not a bug.

When this regulation was initially issued under the Obama administration, OSHA intended not just to make the information available to interested parties, but to post it on the agency’s website so that potential workers would be able to judge the relative safety of their employers, and employers could use the information to benchmark their safety record against similar employers.

OSHA received 1880 comments on the rollback proposal which was rushed through OSHA and OIRA to ensure its completion before a possibly unfavorable court decision.

Will the Roll-back Regulation Stand Up in Court?

Corks are undoubtedly popping at the Chamber of Commerce this morning, although they wanted OSHA to repeal the entire regulation, including collection of the 300A summary and the language prohibiting employers from retaliating against workers for reporting injuries and illnesses.

Their celebration may be short lived, however. Just as night follows day, lawsuits will follow this announcement.  And statistically, a lawsuit is likely to be successful in this administration. The New York Times today published an article today detailing how the Trump administration has chronically ignored the Administrative Procedure Act which governs agency rulemaking. The article notes that:

An analysis by the Institute for Policy Integrity at New York University School of Law shows that more than 90 percent of court challenges to major Trump deregulatory actions have been successful so far. By the institute’s count, 30 big rules have been challenged, and the courts have found for the litigants 28 times…In a typical administration, the government wins on such challenges around 70 percent of the time, said Richard Revesz, a law professor at N.Y.U. who specializes in environmental law. “This is truly aberrational,” he said.

Information is Power

The reasoning used by OSHA seems similar to the weak reasoning used in the agency’s proposal. (You can read my analysis of the proposal here.)

But in short, what we have here is the business community’s continuing effort to ensure that the public has as little information as possible about workplace injuries and illnesses — and why they happen — in American workplaces.  Information is power. And the more power that the Trump administration and its business supporters can keep from workers and the public, the better.

This blog was originally published at Confined Space on January 24, 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).

“Complacency Killed My Brother!”

Wednesday, October 24th, 2018

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

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

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

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

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

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

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

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

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

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

This blog was originally published at Confined Space on October 23, 2018. Reprinted with permission.

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

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

Monday, June 18th, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Wednesday, May 30th, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thursday, April 26th, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Monday, April 23rd, 2018

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

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

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

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

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

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

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

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

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

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

The forgotten women of #MeToo

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

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

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

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

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

Next steps

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

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

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

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

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

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

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

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

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

Friday, April 20th, 2018

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

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

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

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

Elon Doesn’t Want Signs

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

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

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

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

There’s this:

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

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

And this:

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

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

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

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

And this:

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

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

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

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

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

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

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

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

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

Average Isn’t Good Enough…Until It Is

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

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

Then Tesla apparently did hit reverse.

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

A Calculated Disinformation Campaign Driven by Extremists

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

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

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

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

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

Volks Redux

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

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

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

I Can’t Sleep Here at Tesla

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

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

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

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

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

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

Stay tuned.

This blog was originally published at Confined Space on April 18, 2018. Reprinted with permission.

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

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

Monday, March 26th, 2018

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

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

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

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

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

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

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

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

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

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

The worker protections under assault include:

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

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

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

Monday, March 19th, 2018

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

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

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

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

Then, in 2008, her supervisor touched her breasts.

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

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

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

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

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

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

Denying dignity to farm workers

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

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

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

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

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

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

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

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

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

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

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

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

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

“We are here to be heard”

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

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

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

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

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

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