Occupational Safety and Health Administration (OSHA)

By Hannah Story Brown and Emma Marsano - The Revolving Door Project, September 6, 2023

This Hydrogen Industry Agenda Report examines the influence agenda of the rapidly growing “clean” hydrogen industry, which is poised to receive tens of billions of dollars of funding and tax credits from the federal government over the next several years. The report outlines the executive branch departments, personnel, and policy fights that hydrogen industry stakeholders are most determined to influence, and points out the climate consequences of the lax standards that many industry players are lobbying for.

While hydrogen is widely touted by industry as a “clean energy source for the future,” it is neither an energy source (see “What is Hydrogen?”) nor necessarily clean. As this report explains, hydrogen’s reputation as a renewable energy “source” is misleading: hydrogen is only as emissions-free as the way in which it is produced, and the process in which it is put to use. Today, most hydrogen production and utilization results in significant quantities of greenhouse gas pollution.

The significant overlap between the hydrogen industry and the fossil fuel industry—involving not only many of the same corporations, but also shared lobbying groups and greenwashing tactics—is particularly troubling given how much money the Biden administration is pouring into hydrogen as a cornerstone of its climate strategy. As long as a role for fossil fuels is preserved in the hydrogen economy, hydrogen will not be “clean,” and its narrow potential role in true system-wide decarbonization will be overshadowed by the profit-seeking excesses of major industry players seeking federal funds without federal safeguards

Download a copy of this publication here (PDF).

By Staff - AFGE, September 5, 2023

AFGE is urging locals to monitor temperatures in their facilities after receiving several complaints from members that their agencies have refused to provide air-conditioning or fans during the summer months where several states saw record-high temperatures. 

So far, we’ve heard from members working at the Defense Department, Veterans Affairs, Transportation Security Administration, and the Environmental Protection Agency. 

“Many agencies' officials are refusing to purchase air-conditioning or fans. Locals that face this type of behavior from the agency should file a complaint with OSHA,” said AFGE Workers Compensation Specialist Joe Mansour. “We need the locals to be educated and become aware that they can file a complaint on their agencies over heat hazards.”

OSHA has recently issued a heat hazard alert as it’s working on a heat standard. The hazard alert tells employers they have to do something to address heat exposure, like giving workers time to get acclimated to the heat conditions, providing rest breaks in the shade, providing cool water, and the right protective equipment. To address heat exposure, employers should do an assessment and use engineering controls, like fans, and administrative controls, like modifying schedules to work in cooler temperatures or provide breaks in cooler environments. 

Here are the steps locals should take:

1. Take the temperature at the problem locations and take pictures of how hot it is. 
2. Document any circumstances that contribute to the heat hazard, such as lack of cool or shaded areas to rest, lack of water and other aggravating factors like working in direct sunlight or the level of work activity. If employees are experiencing any health effects, that should be documented as well. Medical assistance should be provided immediately if anyone needs it. 
3. Ask the agency to fix the problem in writing. If the agency refuses, then use the tool below to locate your OSHA office and file a complaint.
4. OSHA can respond to the complaint you file in two ways:

• They can send a letter to the agency and request a response within 30 days.
• They can do a site visit.

By Union Jake and Adam Keller - Valley Labor Report, September 5, 2023

By Staff - Labor Network for Sustainability, August 30, 2023

UPS Workers Win Heat Protections Faced with a threatened strike – including “practice picket lines” — by its 340,000 union employees, UPS has agreed to a contract that provides major gains in wages and working conditions for its Teamsters’ members. The contract includes elimination of a “two-tier” wage rate; significant wage increases, especially for the lowest paid workers; and combining part-time jobs to provide new full-time jobs.

Sometimes lethal heat conditions have been a central issue for UPS workers. UPS has promised to equip all new package cars with air-conditioning and to install fans on older package cars. Section 14 of the contract states: 

All vans, pushbacks, fuel trucks, package cars, shifting units, and 24-foot box vans after January 2024 shall be equipped with A/C. Single fans will be installed in all package cars within 30 days of ratification and a second fan will be installed no later than June 1, 2024. Air-conditioned package cars will first be allocated to Zone 1 which is the hottest area of the country. All model year 2023 and beyond package cars and vans will be delivered with factory-installed heat shields and air induction vents for the package compartment. Within 18 months of ratification, all package cars will be retrofitted with heat shields and air induction vents. A Package Car Heat Committee will be established within 10 days of ratification for the purpose of studying methods of venting and insulating the package compartment. A decision must be made by October, 2024 or the issue will be submitted to the grievance procedure. The company will replace at least 28,000 package cars and vans during the life of the contract. 

The contract was overwhelmingly ratified by UPS union members on August 22.

By Luis Feliz Leon - In These Times, August 30, 2023

Thirty-year-old Rick Savage was among the first workers hired at Ultium Cells’ 2.8-million-square-foot battery plant in Lordstown, Ohio, in April 2022. ​“I heard about the battery plant and how it was going to be technologically superior to all other manufacturing companies,” Savage remembers thinking. ​“The future of the automotive industry is going to be electric.”

Ultium Cells was a high-profile joint venture between U.S. automaker General Motors and South Korea’s LG Energy Solution. The Lordstown plant — billed as the largest battery plant of its kind anywhere in the country — was predicted to cost some $2.3 billion and generate more than 1,100 new jobs. GM’s legacy as a union employer was part of the company’s sales pitch to new employees. 

“They were saying, ​‘Hey, it’s the next GM, you can retire here, it’s going to be great,’” Savage says.

Deindustrialization has been battering northeastern Ohio for half a century. Ohio hemorrhaged 50,000 jobs within five years after Youngstown Sheet & Tube shuttered its Campbell Works steel factory in 1977. In 2008, after GM shuttered its facility in Moraine, 2,000 autoworkers were left without jobs. The Chinese automotive-glass manufacturer Fuyao hired some of them when it took over the closed plant in 2014, but at much lower wages.

By Alexander Nieves - Politico, August 16, 2023

Scorching summer temperatures have pushed extreme heat to the front of the nation’s collective consciousness. There’s just one problem: It’s hard to get politicians to care about it.

Even in California, home of the nation’s first outdoor heat standard for workers and a new law to create a ranking system for heat waves, the issue has yet to gain political traction. Advocates have struggled to secure funding to help residents adapt, and state officials have been slow to enforce worker safety rules.

California’s handling of extreme heat doesn’t bode well for the nation’s ability to address the effects of rising temperatures, which are most likely to harm people who can’t access air conditioning and who are already in poor health.

“Our focus has been on priorities where you can get people to buy in and, frankly, where it’s sexy. It’s new technology, it’s talking about electric vehicles and rooftop solar,” said state Sen. Anna Caballero, a Central Valley Democrat who represents rural communities that are among the poorest in the state. “We haven’t focused on the impacts of climate change on lower-income families.”

While President Joe Biden announced a federal effort last week to track heat-related illnesses, California officials began paying closer attention to heat deaths in 2021, after the Los Angeles Times estimated that high temperatures had killed nearly 4,000 people between 2010 and 2019 — more than six times higher than official state figures.

The data dwarfs fatalities from more dramatic extreme weather events like wildfires, floods and windstorms. Fewer than 300 Californians died from those events over the same period of time, according to data from the National Weather Service.

By Kim Kelly, Union Jake and Adam Keller - The Valley Labor Report, August 16, 2023

Kim Kelly, labor journalist, author of "Fight Like Hell: The Untold Story of American Labor," and friend-of-the-show, joins us to talk about another disease epidemic that no one's talking about that is hurting some of the country's hardest workers.

Read Kim Kelly's full report on how Silica is destroying the lives of coal miners and their families: here.

By Harrison Watson - In These Times, August 15, 2023

Farm workers are being sickened by agrochemicals—and, due to extreme heat, by the PPE they wear to protect themselves.

It’s summer and time to take in the sunshine. But beware: because of climate change, the planet is rapidly warming. Outdoor temperatures are climbing above 100^oF. Raging heat waves are causing debilitating illness and death. In some places, floods sweep through the streets. In others, precipitation is declining and water sources are evaporating. The Union of Concerned Scientists has dubbed this time of year, from May to October, the ​“danger season.”

Humans have not evolved to withstand such levels of heat stress. Still, over 2 million farm workers find themselves out in the fields. Some are suited up in heavy layers of clothing, including flannel shirts, pants, boots, gloves and coveralls. The purpose of this personal protective equipment (PPE) is to shield farm workers from the chemical threats they face from working with and around toxic pesticides and herbicides.

Each year, farmers and farm workers use billions of pounds of pesticides to suppress pests across 250 million acres of crop fields in the United States. The Environmental Protection Agency (EPA) does work to educate farm workers and help them navigate pesticide-treated fields safely. Still, according to the National Agricultural Worker Survey nearly one-third of all farm workers do not receive the annual, mandatory training.

“So some farm workers just don’t know how harmful pesticides are,” says Mayra Reiter, director of the Occupational Safety and Health division at the organization Farmworker Justice. ​“The EPA approves chemicals because they assume that farmworkers will wear PPE, but those farm workers aren’t wearing it.”

Every year, pesticides sicken 300,000 farm workers, according to the U.S. Government Accountability Office. No one has an accurate count of how many of them die.

And the PPE farmworkers need to protect them from these chemicals can’t protect them from the danger sealed therein: Wrapped tight in their PPE, the heat they generate working at a feverish pace has nowhere to dissipate. In some places, a third of farm workers out in the fields suffer from heat-related illnesses every year. 

This is because many farm workers are constrained by the current wage system to ignore workplace hazards or skip water, bathroom and cooling breaks. In several states, farm workers receive ​“piece-rate” wages — that is, instead of an hourly wage, they’re paid by the bucket, bushel or piece of crop they pick. 

By staff - AFGE, August 14, 2023

The Occupational Safety and Health Administration (OSHA) has issued a heat hazard alert and announced more enforcement as a reminder to employers that they have the duty to protect workers. 

OSHA’s heat hazard alert comes as most states are experiencing record-breaking heat that puts workers at risk.

“It’s the law! Employers have a duty to protect workers against heat,” OSHA said in the alert. “Employers have a legal and moral responsibility not to assign work in high heat conditions without protections in place for workers, where they could be literally worked to death.” 

“The department [of Labor] also announced that OSHA will intensify its enforcement where workers are exposed to heat hazards, with increased inspections in high-risk industries like construction and agriculture,” the Department of Labor said. “These actions will fully implement the agency’s National Emphasis Program on heat, announced in April 2022, to focus enforcement efforts in geographic areas and industries with the most vulnerable workers.

OSHA’s alert applies to both workers in the public and private sectors. AFGE members are voicing concerns on the heat issue as well. To date, we heard from locals representing TSA, EPA, and Ft. Belvoir employees. 

“They talked about TSA workers passing out. They filed an OSHA complaint, and TSA did the right things for about three days. Then it went back to the same old -- meaning no heat protections for workers,” said AFGE Health and Safety Specialist Milly Rodriguez. 

According to OSHA, employers should provide cool water, breaks, and a cool rest area for employees. They should train employees on heat illness prevention and what to do if they see another employee suffering from heat illness. They should also allow employees to become used to working in hot temperatures.

Under the OSHA Act, if workers don’t feel their working conditions are safe, they can file a confidential complaint with OSHA online or call OSHA at 800- 321-OSHA. It’s illegal for an employer to retaliate against a workers who exercises their legal rights and file a complaint with OSHA.

By Reid Frazier - Allegheny Front, August 9, 2023

The U.S. Occupational Safety and Health Administration is fining Norfolk Southern nearly $50,000 for workplace safety violations during the chemical cleanup at the site of its East Palestine, Ohio, train derailment. As part of a settlement, the company will also have to monitor any medical issues of workers brought in to clear and rebuild the tracks at the site. 

Those workers had previously reported health problems similar to those experienced by nearby residents after the February 3 derailment, which included 11 cars containing hazardous chemicals. 

After a five-month investigation, OSHA cited the company for failing to inform workers about which hazardous chemicals spilled at the site. The agency also found the company didn’t create a decontamination zone at the site, or ensure they wore appropriate chemical-resistant footwear. 

The violations also included allowing an employee without proper respiratory protection to pour cement on potentially contaminated soil, and not developing an emergency response plan that included clear lines of authority, communication and training, and site security.

“This agreement will improve the safety and health controls in place for Norfolk Southern employees who responded and help educate the rail operator’s employees on the lessons learned so they are prepared should another emergency occur,” said OSHA Cleveland area office director Howard Eberts in a statement.