OSHA
cmonforton | October 14, 2017OSHA took the long road to adopt a standard to address respirable crystalline silica. Although the final rule was issued in March 2016, it is being challenged by both industry and labor groups. The first says OSHA went too far, the other says OSHA didn’t go far enough.
The long road, however may be coming close to end. The U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments last week from parties that are challenging the rule. Judges Merrick Garland, David Tatel and Karen LeCraft Henderson spent more than two hours listening to arguments from the National Stone,…
kkrisberg | October 10, 2017At Reveal, Amy Julia Harris and Shoshana Walter investigate an increasing criminal justice trend in which defendants are sent to rehab, instead of prison. On its face, the idea is a good one, especially for people struggling with addiction. However, the reporters find that many so-called rehab centers are little more than labor camps funneling unpaid workers into private industry.
The story focused on one particular center, Christian Alcoholics & Addicts in Recovery (CAAIR) in Oklahoma. Started by chicken company executives, CAAIR’s court-ordered residents work full-time at Simmons Foods…
kkrisberg | September 12, 2017At the Huffington Post, Dave Jamieson reports that labor unions are stepping up to help protect increasingly vulnerable immigrant workers from deportation. In fact, Jamieson writes that in many instances, labor unions have become “de facto immigrants rights groups,” educating workers on their rights and teaching immigrants how to best handle encounters with immigration officials.
Jamieson’s story begins:
Yahaira Burgos was fearing the worst when her husband, Juan Vivares, reported to the Immigration and Customs Enforcement office in lower Manhattan in March. Vivares, who fled Colombia and…
kkrisberg | September 8, 2017Typically, we like to end the annual “The Year in U.S. Occupational Health & Safety” on an uplifting note. But this time around — to be honest — that was a hard sell.
Take a quick look through the 2017 yearbook and you’ll quickly glean that worker health and safety is very much at risk under the new administration and from lawmakers in the states. From the attempted rollback of a new federal beryllium exposure standard to state efforts to weaken workers’ compensation systems, the view from 2017 does not seem terribly promising. On the other hand, the fight for workers’ rights has never…
kkrisberg | September 4, 2017For the sixth year in a row, we present “The Year in U.S. Occupational Health & Safety,” our attempt to document the year’s highs and lows as well as the challenges ahead.
Like previous editions, the 2017 yearbook highlights policies, appointments and activities at the federal, state and local levels; outstanding news reporting on workers’ rights, safety and health; and the latest research from public health agencies and worker groups on the ground. Of course, you can’t ignore the giant elephant (no pun intended) in the room in 2017 — a new president and a Republican-controlled Congress…
kkrisberg | August 25, 2017At the Tampa Bay Times, Neil Bedi, Jonathan Capriel, Anastasia Dawson and Kathleen McGrory investigate a June 29 incident at Tampa Electric in which molten ash — commonly referred to as “slag” — escaped from a boiler and poured downed on workers below. Five workers died.
A similar incident occurred at Tampa Electric two decades earlier. If the company had followed the guidelines it devised after that 1997 incident, the five men who died in June would still be alive, the newspaper reported. In particular, the five deaths could have been avoided if the boiler had been turned off before workers…
lborkowski | August 7, 2017In late July, while many of us were preoccupied with Republican Senators’ attacks on healthcare, the Trump administration released its first regulatory agenda (technically, the Current Unified Agenda of Regulatory and Deregulatory Actions). These routine updates are published so the public can see what they can anticipate from federal agencies in the way of rulemaking. (Celeste Monforton has been tracking the Department of Labor regulatory agenda for years.)
The Trump administration’s first entry into this genre is better described as a de-regulatory agenda. It’s a dizzying array of delays,…
kkrisberg | July 26, 2017At PBS Newhour, Aubrey Aden-Buie reports on the shipbuilders that receive billions in federal contracts despite histories of serious safety lapses. In a review of federal contracts, Aden-Buie and colleagues found that since 2008, the federal government has awarded more than $100 billion to companies with records of safety incidents that injured and killed workers.
In a transcript of the broadcast (which you can also watch at the link above), Aden-Buie interviews Martin Osborn, a welder at shipbuilder Austal USA in Alabama:
MARTIN OSBORN: I was up in a boom lift, as we call it, or a man lift,…
lborkowski | July 24, 2017Members of the public health community are aware of many of the ways the Trump administration and the 115th Congress are hindering and reversing evidence-based actions for public health – from an executive order requiring agencies to scrap two regulations each time they create a new one to advancing legislation that would make it harder for EPA to obtain and use the most up-to-date science in its work. With so many threats to public health arising each month, it can be hard to catch all of them, though. The Union of Concerned Scientists has performed a tremendous service by producing the…
garrettbrown | July 11, 2017At the end of two complete years when dozens of fully-funded field compliance positions went empty, reported workplace fatalities and injuries in California are on the rise. California’s Division of Occupational Safety and Health (Cal/OSHA) has had a monthly average of 34 vacant field enforcement positions since July 2015, which means that more than $10 million in state-authorized funding was left unused.
Meanwhile, the U.S. Bureau of Labor Statistics’ latest available data shows that 388 workers were fatally injured on the job in California in 2015. On average, that is more than one worker a…
cmonforton | June 30, 2017It is maddening to read yet again about a worker being killed in a trench cave-in. These deaths are completely preventable by using some pretty cheap equipment. The death of Donald “DJ” Meyer in December 2016 is especially tragic. The 33 year-old is survived by his son Ashten, 8. The youngster’s mother died unexpectedly two years ago.
I learned this week that OSHA has thrown the book at Meyer’s employer. They issued citations against Arrow Plumbing for six willful and eight serious violations and proposed a $714,142 penalty.
Arrow Plumbing was responsible for making certain its excavation…
cmonforton | June 27, 2017I had one ear tuned this morning to the webcast of Labor Secretary Alex Acosta’s appearance before a subcommittee of the Appropriations Committee on his Department’s FY 2018 budget request. You never know what bumble bee might be in a lawmaker’s bonnet or how they might use their time to gush about Department-funded pet project in their home State. That's why I tuned in.
Two moments during the hearing were most memorable to me. The first involved Tennessee Senator Lamar Alexander (R) who expressed dissatisfaction with the Administration’s slow pace of nominating individuals for top jobs at…
cmonforton | June 1, 2017Add this to the list of absurdities from the Trump Administration: the Justice Department (DOJ) is arguing that the AFL-CIO and the United Steelworkers (USW) should rely on DOJ attorneys to defend an Obama-era OSHA regulation. Seriously?
The rule that DOJ says it will defend on the unions' behalf was adopted by OSHA in May 2016 and concerns the reporting of injuries by employers. It is being threatened by a frivolous lawsuit brought the U.S. Chamber of Commerce, National Association of Home Builders, and the National Chicken Council. The business associations filed their lawsuit in the U.S.…
kkrisberg | May 30, 2017At Eater, Elizabeth Grossman reports that Democratic lawmakers have introduced legislation that would protect undocumented agricultural workers from deportation and provide them and their families with a path to long-term residence and citizenship.
The bill proposes that farmworkers who can prove at least 100 days of agricultural work in the last two years could apply for a “blue card” that grants temporary residency and the ability to work. Farmworkers with a blue card and who work for 100 days a year for five years or 150 days a year for three years would then be eligible for a green card…
kkrisberg | May 16, 2017At BuzzFeed, Kate Moore tells the story of the “radium girls,” the hundreds of women during WWI who worked painting watch dials with luminous radium paint — a substance that would eventually poison and kill them even though they were told it was perfectly safe. What followed was years of employers covering up and denying evidence that radium was killing workers, while berating the women for attempting to get help with their mounting medical bills.
Eventually, Moore writes, their fight for justice led to one of the first cases in which an employer was held responsible for the health of workers…
cmonforton | May 16, 2017Federal OSHA is assessing whether Arizona’s Division of Occupational Safety and Health (ADOSH) is meeting its obligation as an approved State OSHA program. The federal government’s scrutiny was prompted by a formal complaint, as well as investigative reporting by Emily Bregel and Tony Rich of the Arizona Daily Star. Both noted that the Industrial Commission of Arizona (ICA) routinely discounts the findings of ADOSH’s safety inspectors. The ICA’s decisions result in the severity classification of violations being downgraded (e.g., from serious to non-serious) and reduction in proposed monetary…
kkrisberg | May 2, 2017At ProPublica, Michael Grabell investigates how U.S. companies take advantage of immigrant workers, focusing on Case Farms poultry plants, which former OSHA chief David Michaels once described as “an outrageously dangerous place to work.” He reports that Case Farms built its business by recruiting some of the world’s most vulnerable immigrants, who often end up working in the kind of dangerous and abusive conditions that few Americans would put up with.
Grabell chronicles the history of Case Farms and how it first began recruiting refugees from Guatemala who were fleeing a brutal civil war in…
kkrisberg | April 18, 2017At Bloomberg BNA, Stephen Lee reports that with fears of deportation looming, undocumented immigrants are becoming afraid to access legal remedies when they’re injured on the job. The article notes that such immigrants are disproportionately employed in hazardous jobs and while they account for just 15 percent of the overall workforce, they account for 18 percent of occupational fatalities. Lee writes:
Sofia, a Mexican fieldworker in Santa Rosa, Calif., has a workers’ compensation case in the works after hurting her arm and shoulder pulling vine roots, requiring surgery. But she says she’s…
cmonforton | April 17, 2017OSHA’s list of bad actors has two new members. I just happened upon an updated list on the agency’s website of the employers OSHA designates as "severe violators." It indicates the two companies were added in the four weeks following President Trump’s inauguration. The list is dated April 7, 2017.
Mosier Industrial Services was involved in the gutting of a hundred year-old power plant in Columbus, Ohio. The project developers, Connect Realty and Schiff Capital Group, plan to convert the site into offices and event space.
OSHA inspectors issued citations on February 2 against Mosier…
kkrisberg | April 8, 2017At the Center for Public Integrity, Talia Buford and Maryam Jameel investigate federal contractors that receive billions in public funds despite committing wage violations against their workers. In analyzing Department of Labor data on more than 1,100 egregious violators, the reporters found that federal agencies modified or granted contracts totaling $18 billion to 68 contractors with proven wage violations. The Department of Defense contracted with the most wage violators.
Under Obama, labor officials had attempted to address the problem with the Fair Pay and Safe Workplaces rule, which…