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Occupational Safety and Health Administration (OSHA)

Will Wyoming companies get higher fines for workplace deaths? When a worker died on the job, the company paid a $6,700 penalty, inciting new discussion on the issue

By Dustin Bleizeffer - Wyofile, October 4, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Web editor's note: This story bears an uncomfortabvle resemblance to the death of Louisiana-Pacific mill worker, R Fortunado Reyes, on September 14, 1989, detailed here.

Brett Samuel Collins, 20, was working his last few days at a construction job near Sheridan before heading back to college classes when a trackhoe bucket struck him in the head. He died Aug. 20, 2012.

“He was finally settling down and thinking school was the answer,” said his grandmother, Mary Jane Collins, of Sheridan. Up to that point, Brett Collins had worked several seasons for the U.S. Forest Service, requiring him to miss fall semesters. He’d attended two spring semesters at Sheridan College. “The construction company job was so he could go to school for the whole year,” Mary Jane Collins said.

The employer, COP Wyoming LLC, initially received five citations related to the accident that caused Brett Collins’ death. Two citations were dismissed, and the Wyoming Occupational Safety and Health Administration (OSHA) proposed $13,860 in fines for the remaining three. About a year later, the company and Wyoming OSHA settled on a much smaller fine; $6,773.

For the Collins family, the fine was an insult. They began to ask how a $6,773 fine was supposed to motivate companies to avoid violating critical workplace safety regulations.

Workers at Fracked Wells Exposed to Benzene, CDC Warns Amid Mounting Evidence of Shale Jobs' Dangers

By Sharon Kelly - DeSmog Blog, September 18, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

For years, the oil and gas industry has worked to convince Americans that the rush to drill shale wells across the country will not only provide large corporations with lavish profits, but will also create enormous numbers of attractive and high-paid jobs, transforming the economies of small towns and cities that greenlight drilling.

The industry's numbers are often picked up by policy-makers and politicians who back drilling, in part because talk of job growth is an especially alluring idea in the wake of the 2008 financial collapse.

But numerous independent studies have conclude that the industry vastly overstated the number of jobs that fracking has created, and that the economic benefits have been overblown.

A growing body of research suggests that not only does the industry create fewer jobs than promised, the jobs that are created come with serious dangers for the workers who take them.

Research made public late last month suggests that some of those jobs may be even more hazardous to workers than previously believed, calling into question the true benefits of the boom.

Chapter 27 : Murdered by Capitalism

By Steve Ongerth - From the book, Redwood Uprising: Book 1

“They intimidate the workers by fear and that’s why they have him there. Everybody around here is so afraid that if something gets crossed up…lumber gets crossed up…they will try to fix it without stopping the machine for fear of being yelled at by the foreman if they do not stop the machine. It’s a constant environment of fear, totally.”

—Randy Veach, L-P Millworker, interviewed by Judi Bari, August 1992 [1]

“Management doesn’t care about our feelings—it’s insignificant to them. OK? Basically we’re nothing but a paid robot. And we’ve been told…our jobs are graders…both of us we’ve been told graders are a dime a dozen.”

—Don Beavers, L-P Millworker, interviewed by Judi Bari, August 1992 [2]

Earth First! – IWW Local #1 knew about the state of affairs in G-P’s and P-L’s mills, thanks to the efforts of its members, but what were conditions like at L-P? Local 1 had tried, unsuccessfully, to try and get one of their members, Allen Anger—who had relocated from Washington, hired at an L-P mill in order to try and organize the mill from within. [3] Without a willing organizer in the plants, IWW Local #1 had to settle for using information supplied by underground dissidents within the mill to provide a picture of what took place on the inside. Luckily, thanks to the coalition being forged in opposition to L-P’s outsourcing, at least two, Don Beavers (a grader who had once worked in the Potter Valley Mill before it closed) and Randy Veach, were able to reveal that if safety and working conditions were bad enough in the nominally union Georgia-Pacific mill in Fort Bragg, they were substantially worse in Louisiana-Pacific’s nonunion mills. Yet, the L-P workers were least likely to openly declare their opposition to such repression. As Judi Bari explained in 1991, it wasn’t difficult to understand why:

“How does a company as cold and crass as (L-P) keep their workforce so obedient? A look behind the barbed wire fence that surrounds their Ukiah mill might yield some clues.

“‘It’s their little world, and when you step through the gate you do what they say or you don’t stay in their little world,’ says one millworker. The work rules are designed to turn you into an automaton. There’s a two-minute warning whistle, then the start-up whistle. You have to be at your work station ready to go when the start-up whistle blows, or you can be written up for lateness (three white slips in a year for the same offense and you’re fired). You stay at your work station doing the same repetitive job over and over for two and a half hours (two hours in the planing mill and a half hour in the sawmill) until the break whistle blows. Then you get a ten-minute break, except that it takes you two minutes to walk to the break room and two minutes to walk back, so you only get to sit down for six minutes. And don’t get too comfortable, because there’s a two-minute warning whistle before the end of break time, then you have to get back to your station ready to go when the start-up whistle blows again. If you ever wondered what they were training you for with all those bells in public school, here’s the answer—life at L-P.

“In the Land of the Free, democracy stops at the plant gates. The Bill of Rights is supposed to protect against unreasonable or warrantless searches. But not at L-P. Their drug policy reads like the Gestapo: ‘entry onto company property will be deemed as consent to inspection of person, vehicle, lockers or other personal effects at any time at the discretion of management. Employee refusal to cooperate in alcohol and other drug testing, or searches of other personal belongings and lockers are subject to termination [sic].’ And, before you even get hired you have to submit to a urine test and sign a consent form to let them test your urine any time ‘for cause,’ again at the discretion of management.” [4]

Such rules were obviously designed to maximize production and quell dissent, particularly about the lax safety standards, which—had they been stronger—would have threatened Harry Merlo’s “log-to-infinity” profit-oriented forestry.

“Loss of life or limb is a constant danger at L-P, but it doesn’t happen every day. What does happen every day is the mind numbing tedium of the job, and L-P’s constant rush for production. Take the job of lumber grader. Rough cut lumber, 2x12 and up to 20 feet long, comes up on the chain, and the grader has to scan it, turn it over, decide the best way to trim it for length and split it for width, and put the grade marks and trim marks on the board. You have two to three seconds to perform all these tasks, while the chain keeps moving and the next board comes up. All night long. Back injuries, tendonitis, and shoulder strains, common among graders and other millworkers, are caused by turning over the heavy lumber. But the company just wants its production quotas. ‘We broke a production record in our section,’ said one of my sources. ‘We used to get pizzas and beer for that, but this time they just got us one of those six-feet submarine sandwiches. We probably made them $200,000 in L-P’s pocket that night and they gave us a sandwich.’

“...In such a petty, dictatorial atmosphere, some petty dictators are bound to arise. And there is none better known at L-P than Dean Remstedt, swing shift foreman in the planing mill. Remstedt runs his shift with threats and favoritism and is known as a racist. A few years ago he passed out a flyer making racist jokes about Jesse Jackson. It offended some of the millworkers so much they took it to the Ukiah Daily Journal (anonymously of course). Remstedt denied that there was a problem. ‘It was something laying in the break room that we was laughing about,’ Remstedt told the Journal. But Hispanic workers, who make up about one-third of the shift, were not laughing. ‘To me, when I got that, that was from the company,’ One of them told the Journal reporter. And of course, L-P’s upper management did nothing to change that impression. [5]

This wasn't just a case of a petty dictator throwing his weight around however. Evidently such behavior was rampant throughout L-P. For instance, in April 1989, African-American sawblade filer Cigam Nam X sued L-P for five years of racial discrimination he experienced while working at the Samoa mill. In his complaint, he stated that he was routinely called “nigger” and even subjected to images of lynched blacks with the slogan “KKK all the way!” at his workstation. His supervisor dismissed his concerns by telling him that KKK was “just letters of the alphabet.” He was also demoted from his job and told that the company “would make it hard on him” if he complained. [6] Remstedt was the rule rather than the exception, and he did not especially set a good example either:

“Millworkers say Remstedt is ‘a fanatic about production’ and that he ‘intimidates people into taking chances [with safety] for fear of being disciplined or of losing their job.’ He sets the example with his own reckless behavior, which has led to him having several on-the-job accidents himself. He once climbed onto an automatic lumber stacking machine that was not properly turned off, and he was knocked to the ground when the auto-cycle started up and the lumber moved forward, sending him to the hospital with minor injuries. Another time he stood on the forks of the forklift raised to a high position so he could reach something overhead. He fell off and knocked himself out cold. They wrote up the forklift driver for that one, but they never write up Remstedt, even though the injuries to others on his shift have been a lot more serious than his own, including a woman who lost her leg walking between roller cases on a machine that bands lumber.” [7]

Randy Veach and Don Beavers elaborated further a year later when they finally openly criticized the company. According to Veach,

“…A board got crossed up on what’s called the landing table that comes out of the planer. We had to stop the landing table chains to get this cross up fixed. Well, one of the workers was trying to do it, the chains were turned off and he was trying not to get up on the landing table, he was trying to do it from his work station so he wouldn’t have to lock everything out...because he was safe from where he was. (Remstedt) came along and started yelling at that particular employee. He told him, ‘We don’t have all night to run this stuff.’ And that intimidated that employee to jump up there and fix it immediately. And that’s what happened. The employee jumped up on the landing table. Nothing was shut down.” [8]

Under such conditions it was inevitable that someone would eventually be killed, and sure enough, that is exactly what happened.

Scrap Metal Facility Where Worker Died Had Never Been Inspected By Safety Regulators

By Alan Pyke - Think Progress, September 8, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

An Illinois scrap metal recycling company has been fined nearly half a million dollars for various safety violations after a worker was killed when his arm got trapped in a conveyor belt that the Occupational Safety and Health Administration (OSHA) says should have been turned off.

But despite a pattern of violations at other facilities run by the same company, OSHA had never inspected the South Beloit, IL facility prior to the March accident that killed Alfredo Arrendondo, an OSHA spokesman told ThinkProgress after reviewing records for the region.

The newly announced penalties come atop previous violations at other Behr & Sons facilities elsewhere in the state and in neighboring Iowa. The company has received six separate inspections at its facilities in the past 5 years, according to an OSHA press release on the $497,000 fine issued to Behr’s South Beloit, IL facility. As part of that citation, OSHA has deemed the company a severe violator for its pattern of neglect toward worker safety.

“There’s a culture of unsafe work practices at not only this facility but throughout the whole company,” OSHA regional spokesman Scott Allen said in an interview. “So we’ve put these folks into the severe violator program so right now we can inspect any of the plants, not just this particular facility. And they’ll stay on that program until we feel that they’ve not only corrected all those problems but shown a culture change in their safety procedures.”

But OSHA has been starved of the resources it would need to apply that kind of rigorous scrutiny more broadly and proactively. Thanks to budget cuts, there were fewer OSHA inspectors to ensure compliance with federal rules in 2011 than there were in 1981 — even though there are twice as many workplaces to supervise.

Chapter 26 : They Weren’t Gonna Have No Wobbly Runnin’ Their Logging Show

By Steve Ongerth - From the book, Redwood Uprising: Book 1

Now Judi Bari is a union organizer,
A ‘Mother Jones’ at the Georgia-Pacific Mill,
She fought for the sawmill workers,
Hit by that PCB spill;
T. Marshall Hahn’s calling GP shots from Atlanta,
Don Nelson sold him the union long ago,
They weren’t gonna have no Wobbly,
Running their logging show;
So they spewed out their hatred,
And they laid out their scam,
Jerry Philbrick called for violence,
It was no secret what they planned…

—lyrics excerpted from Who Bombed Judi Bari?, by Darryl Cherney, 1990

Meanwhile, in Fort Bragg, the rank and file dissent against the IWA Local #3-469 officialdom grew. Still incensed by Don Nelson’s actions over the PCB Spill, and not at all satisfied with a second consecutive concessionary contract, the workers now had yet another reason to protest: a proposed dues increase. Claiming that the local faced a financial crisis, the embattled union leader proposed raising the members’ dues from $22.50 per month to $29, an increase that amounted to more than a 25 percent rise. Ironically, IWA’s Constitution limited the monthly dues rate to 2½ times the wages of the lowest paid worker. The local’s financial shortage had resulted from a decrease in the wages and the loss members due to G-P’s outsourcing logging jobs to gyppos and automation of jobs in the quad mill. [1] The usual suspects readied themselves to blame “unwashed-out-of-town-jobless-hippies-on-drugs” once again.

Nelson presented his proposal in the form of a leaflet posted on the employee bulletin boards and distributed in the employee break rooms throughout the G-P Mill in Fort Bragg. The leaflet stated, “we are voting to maintain the ability of our union to function.” A group of rank and filers, however, led by a mill maintenance janitor, named Julie Wiles and her coworker Cheryl Jones, as well as some of the eleven workers affected by the PCB spill and others who had been most dissatisfied with the recent round of contract negotiations, responded by producing a leaflet of their own opposing the dues increase. Their leaflet stated, “Last year Union officers’ wages plus expenses were $43,622. This year they were $68,315. That’s a whopping 69 percent increase! Considering our lousy 3 percent pay raise, how can the Union ask us for more money?” The rank and file dissidents’ leaflets were quickly removed from the employee bulletin boards. [2] This wasn’t to be the worst of it, though.

FEDERAL AUDIT SLAMS CAL/OSHA PERFORMANCE - California Below National Average in Several Key Worker Health & Safety Measures

By Kirsten Stade - Public Employees for Environmental Responsibility, August 25, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Washington, DC — The latest federal review of California’s worker health and safety program found critical understaffing and other major deficiencies. The findings reinforce the substance of a complaint filed this February against the California Division of Occupational Safety and Health (Cal/OSHA) by Public Employees for Environmental Responsibility (PEER).

The latest U.S. Department of Labor “Comprehensive Federal Annual Monitoring and Evaluation (FAME) Report” for Cal/OSHA covering the period ending September 30, 2013 was released this month. Paralleling the issues raised by the PEER complaint, this new review concludes:

  • “Cal/OSHA remains understaffed and, as a result, is challenged to fulfill its important mission”;
  • “The lack of staffing affects the citation lapse time, the number of inspections conducted, and the response time to complaints. In particular, the number of inspections conducted by current Cal/OSHA staff is well below the federal average. To compound this problem, there has been a steady decrease in inspectors since FY 2011”; and
  • “Cal/OSHA inspections result in a rate of serious, willful or repeat violations significantly lower than the federal average [26.73% vs. 57.0% for safety and 9.09% vs. 53.7% for health]. This suggests that the agency’s limited resources are not being applied most efficiently and effectively.”

Among the effects cited in the report are workers exposed to hazards longer due to “a long citation lapse time, the time between the start of an inspection and the issuance of a citation.” The state’s new budget does provide for a handful of new compliance officers but still leaves Cal/OSHA at staffing levels below those at the end of Schwarzenegger administration in 2011.

“California workers are paying the price for a cratering Cal/OSHA.” stated PEER Executive Director Jeff Ruch, whose complaint to the U.S. Department of Labor seeks financial and other sanctions unless improvements occur. “California needs to be jolted out of its occupational death spiral.”

Dangers Inherent In Fracking Jobs

By Southern Illinoisans Against Fracturing our Environment - Popular Resistance, July 24, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Yesterday many of Southern Illinois’s elected officials, and representatives of the fossil fuel industry, held a one-hour press conference to complain about the fact that the Illinois Department of Natural Resources has still not completed the rule-making process in order for fracking to begin in Illinois. Fracking is a controversial process used to drill for oil & gas. Millions of gallons of water, mixed with toxic chemicals and sand, are injected into mile-long horizontal wells at high pressure to fracture rock layers and release oil and gas.

It is important that the public is aware of the dangers inherent in fracking jobs. Within one year in Texas 65 oil & gas workers died, 79 lost limbs, 82 were crushed, 92 suffered burns & 675 broke bones.  The fatality rate among oil and gas workers is nearly eight times higher than the all-average rate of 3.2 deaths for every 100,000 workers across all industries.

A National Institute for Occupational Safety and Health study revealed that worker exposure to crystalline silica—or “frac sand” —exceeded “relevant occupational health criteria” at all eleven tested sites, and the magnitude of some exposures exceeded their limits by a factor of 10 or more. “Personal respiratory protection alone is not sufficient to adequately protect against workplace exposures.” Inhalation of crystalline silica can cause incurable silicosis, lung cancer, chronic obstructive pulmonary disease, kidney disease and autoimmune diseases.

Representative Brandon Phelps stated at the press conference that North Dakota should be a model for Southern Illinois. A report by the AFL-CIO found that the fracking boom has made North Dakota the most dangerous state for U.S. workers—with a fatality rate five times higher than the national average—and that North Dakota’s fatality rate has doubled since 2007. The AFL-CIO called North Dakota “an exceptionally dangerous and deadly place to work.”

Statistics provided by THE COMPENDIUM OF SCIENTIFIC, MEDICAL, AND MEDIA FINDINGS DEMONSTRATING RISKS AND HARMS OF FRACKING (UNCONVENTIONAL GAS AND OIL EXTRACTION)

http://concernedhealthny.org/wp-content/uploads/2014/07/CHPNY-Fracking-Compendium.pdf

Rail Worker Rights Leaving 19th Century Behind

IBEW Press Release - IBEW.org, July 9, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s. The author is also not affiliated with Railroad Workers United. This article is reposted in accordance with Fair Use guidelines.

J.J. Giuliano has been local chairman of the Selkirk unit of Albany, N.Y., Local 770 since 2003. Keeping his members safe is Giuliano’s top priority, and along with the leaders of the other trades at Selkirk, he sat on the shop’s safety committee.

“For 10 years we made recommendations to management and for 10 years not one of them was funded by the company,” Giuliano said. “I stayed on because I wanted to look out for my guys. But at a certain point we were letting the company get away with avoiding solving safety problems.”

In September 2013, Giuliano was done with the charade. He sent a letter to the plant superintendent telling him that he was quitting the committee. He listed 21 safety violations that threatened the health of IBEW members, public safety or both that had repeatedly been brought to the company’s attention and never fixed. They included everything from managers green-lighting locomotives for use without testing safety equipment to requiring workers to repair trains covered in pigeon feces but refusing to provide, or even allow the use of, protective clothing.

“When local management decides to act as though safety is a priority, this organization will re-evaluate its position in this matter,” he wrote. “Until that time, should it ever come, our concerns will be brought elsewhere.”

Giuliano handed over the letter Friday and posted a copy of it to the local’s glass-enclosed bulletin board. Two and half hours into his next workday, Giuliano was cited for violating safety rules and was later suspended for five days.

“It’s typical. Instead of fixing a problem, they attack the person who points it out,” Giuliano said.

Up until 2008 that would have been the end of the story. As a 2007 congressional hearing found, punishing workers instead of fixing safety hazards has been standard in the rail industry since the days of the robber barons more than a century ago. It was nearly that long ago that President Theodore Roosevelt signed many of the laws still regulating the rail industry.

As Social Security, workers’ compensation insurance, Occupational Safety and Health Administration oversight and whistleblower protections were made standard for most working people, rail workers were left outside looking in.

The first safety protections for rail workers weren’t even enacted until the Federal Rail Safety Act of 1970, said Larry Mann, an attorney and noted rail safety expert. But Mann says the scope of the law was extremely limited and enforcement by the Federal Rail Administration, which has historically been run and staffed by former rail company managers, was lax at best.

But in 2007, the late congressman from Minnesota, James L. Oberstar, inserted a few paragraphs into the massive bill implementing the recommendations of the 9/11 commission. Section 100 of 106, in part written by Mann, dramatically expanded the rights and protections of rail workers. Oberstar later said that the goal of the law was a complete overhaul of a safety culture” preoccupied with blame, with fault and with individuals.”

The law protected rail workers from retaliation for reporting safety hazards and injuries (see sidebar for full list of protections and prohibited retaliations) that echo whistleblower protections for aviation, nuclear, pipeline and financial industry workers.

The penalties for doing so were purposefully harsh. Workers were to “be made whole” meaning if they lost their job, had their credit rating ruined and lost their house, the company would have to reinstate the worker, pay to fix their credit rating and recover the house or pay for its loss if it was found guilty. All that in addition to back wages, attorney’s fees and punitive damages.

“We snuck it in,” Larry Mann. “The companies didn’t see it coming, thank God.”

It wasn’t just the companies who were surprised. Charles Goetsch, one of 14 attorneys designated by the IBEW to represent injured railworkers. (Find the full list here). He found out about it only after it passed.

“I thought ‘I’ve been waiting for this law for 30 years,’” Goetsch said. “It was huge transfer of power to the workers and they didn’t have to negotiate away a thing to get it.”

Sugar Plant Removed Safety Device Thirteen Days Before Temp Worker's Death

By Michael Grabell - ProPublica, July 9, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Inside the sugar plant in Fairless Hills, Pa., nobody could find Janio Salinas, a 50-year-old temp worker from just over the New Jersey border.

Throughout the morning, Salinas and a handful of other workers had been bagging mounds of sugar for a company that supplies the makers of Snapple drinks and Ben & Jerry's ice cream. But sugar clumps kept clogging the massive hopper, forcing the workers to climb inside with shovels to help the granules flow out the funnel-like hole at the bottom.

Coming back from lunch that day in February 2013, one employee said he had seen Salinas digging in the sugar. But when he looked back, Salinas was gone. All that remained was a shovel buried up to its handle. Then, peering through a small gap in the bottom of the hopper, someone noticed what appeared to be blue jeans.

It was Salinas. He had been buried alive in sugar.

As harrowing as the accident was, federal safety investigators recently discovered something perhaps even more disturbing: A safety device that would have prevented Salinas' death had been removed just 13 days before the accident because a manager believed it was slowing down production.

U.S. INDUSTRIAL SAFETY LAGS ALARMINGLY BEHIND DEVELOPED WORLD: U.S. Industrial Loss Burden 3 Times European Union and Gap Is Growing

Press Release - Public Employees for Environmental Responsibility (PEER), July 9, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Washington, DC — America’s industrial infrastructure is substantially more susceptible to catastrophic failure than those in other industrialized countries, according to reports posted today by Public Employees for Environmental Responsibility (PEER). In certain key sectors, such as petrochemicals, aging U.S. refineries are become more dangerous with each passing month.

The combined losses from the fires, explosions and spills regularly plaguing U.S. chemical plants takes a proportionately greater toll than in the rest of the world. For example, the reinsurance giant, Swiss Re, concludes that the sum of all reinsurance losses (the “loss burden”) in refining, petrochemical processing and gas processing industry in the U.S. is approximately three times that of the comparably sized sector in the European Union (EU), with the rest of the world similar to the EU cluster.

Beyond economic losses, the toll on American workers is also higher. A study entitled “Occupational Fatality Risks in the United States and the United Kingdom” published earlier this year in the American Journal of Industrial Medicine found the fatality rate of U.S. workers approximately three times that of workers in the U.K. American worker deaths from chemical exposure were more than 10 times higher than their U.K. counterparts; death by fire nearly 5 times and by explosion nearly 4 times as likely.

Rather than improving, some key U.S. industrial sectors are declining.

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