health and safety

By Union Jake, Adam, and Paul Lindsey - Valley Labor Report, December 2, 2022

By Jake Johnson - Common Dreams, November 23, 2022

"The same wealthy rail industry executives that say they can't afford to pay their workers fair wages all had banner years in net revenue and shareholder giveaways."

A new analysis shines fresh light on U.S. railroad giants' "greedy behavior"--from gorging on their own stock to ramping up fees to pad their bottom lines--as workers struggle for basic rights and benefits in ongoing contract negotiations that could result in the first national rail strike in decades.

Updated figures compiled by the watchdog group Accountable.US and released Tuesday show that BNSF, a subsidiary of billionaire Warren Buffett's Berkshire Hathaway that operates one of North America's largest railroad networks, saw its net income rise 4% to $4.4 billion during the first three quarters of 2022. Union Pacific, meanwhile, saw its profits jump 11% to $5.36 billion during that period.

In those nine months, Union Pacific spent nearly $8 billion on stock buybacks and dividend payouts to shareholders, Accountable.US notes.

The rail transportation giant CSX reported a 37% surge in Fiscal Year 2021 net income, the watchdog added, and the company repurchased $3.7 billion worth of its own shares during the first three quarters of this year.

Rail workers haven't fared nearly as well as industry giants and their wealthy executives and shareholders. For the past three years, many rail employees have worked under increasingly grueling conditions without a raise as management continues to resist demands for changes to draconian attendance policies, better pay, and foundational quality-of-life benefits such as paid sick leave.

"The same wealthy rail industry executives that say they can't afford to pay their workers fair wages all had banner years in net revenue and shareholder giveaways," said Liz Zelnick, a spokesperson for Accountable.US. "The big rail industry's own earnings reports show they didn't need to cut corners on safety and gouge businesses with excessive fees that get passed onto consumers. It only adds up to one thing: greed."

"For years the industry gutted investments in maintenance and equipment, and when those decisions inevitably led to supply chain bottlenecks, the industry now refuses to take any responsibility," Zelnick added. "Instead, Big Rail has opted to impose record fees and shortchange their workers while continuing to enrich a small group of investors. If Congress has to intervene, it would make no sense to reinforce greedy industry behavior that would lead to a supply chain crisis right before the holiday season."

The new analysis was published a day after the largest railroad workers union in the U.S. announced that its members voted to reject a tentative five-year contract deal negotiated with the help of the White House. While President Joe Biden hailed the proposed agreement as a victory for both the rail industry and workers, many union members reacted with outrage to the specifics of the deal, which does not include a single day of paid sick leave.

By Alexandra Martinez - Prism, November 2, 2022

Farmworkers spent October picketing outside Hannaford Supermarket on Shelburne Road in South Burlington, Vermont, calling on the national grocery store chain to join the nonprofit, farmworker-driven Milk with Dignity program to end systemic human rights violations in the northeast dairy industry. The Vermont workers, organized with Migrant Justice, have been calling on Hannaford to join the program since 2019 with little success. The picket is just one of many actions farmworkers have leveraged to urge the company to improve its dairy sourcing practices.

“We’re calling up Hannaford to take action and to take responsibility for the rights of the dairy farm workers in their supply chain,” said Marino Chun, a farmworker and member of the Migrant Justice Farmworker Coordinating Committee, outside a Hannaford market in Shelburne, Vermont. According to Migrant Justice, Hannaford’s store brand of milk is produced in Vermont dairy farms where systemic human rights violations still occur. 

Inspired by the Coalition of Immokalee Workers’ Fair Food Program, Migrant Justice launched the Milk with Dignity program in 2017, with Ben & Jerry’s as the first company to commit to the program. To join the program, a company must commit to sourcing from farms that enroll in this worker-driven human rights program, which includes paying a premium to participating farms in exchange for the farm’s commitment to improving conditions to meet a worker-authored code of conduct. “Hannaford hasn’t joined yet, but we aren’t giving up and we’re gonna keep taking action until we get a positive response.”

Migrant Justice also helps to educate workers on their rights in the program, and a third-party auditor—the Milk with Dignity Standards Council (MDSC)—monitors farms’ compliance. Labor conditions for many dairy farm workers are often dangerous and even life-threatening. In 2014, there were 49 reported fatalities in dairy cattle and milk production; one worker was mauled by a two-year-old bull or dairy cow while herding 40-50 other cows into a holding pen, and she was pronounced dead at the scene. In the same year, a survey of nearly 200 Vermont dairy workers revealed the average laborer works 60-80 hours per week, and 40% of farmworkers are paid less than the state minimum wage. Dairy workers also reported having no days off, routinely working seven hours or more without a break to eat, having their pay illegally withheld, not getting eight consecutive hours off per day to sleep, and living in overcrowded housing with inadequate heat.

By staff - US Chemical Safety Board, October 27, 2022

By Mariah Castañeda - L.A. Taco, October 26, 2022

When workers tasked with cleaning up toxic lead dust spilled by the Exide battery recycling plant from Guadalupe Valdovinos’ yard started packing up, she noticed they hadn’t finished. She saw a large patch of soil on her property that they hadn’t touched. 

When she insisted they missed a spot, she remembers the clean-up workers rudely said that cleaning up the untouched corner of her property “wasn’t part of the plan.” 

Valdovinos says that the apparent disregard for her home started early in the clean-up process “They would hit and break things. We expected them to repair it. They were hostile. They were they would grunt or be very like, well, we didn’t do that,” said Valdovinos, “Like, we didn’t come at them attacking them. We were just pointing out, hey. You broke something. And they took it very offensive, like, No, we didn’t do that. No, that’s not our problem. So that was another issue. Yeah, it wasn’t a friendly environment.”

She complained about the clean-up at an Environmental Board Meeting in July and addressed California’s Department of Toxic Substance Control (DTSC), the state agency responsible for cleaning up the mess made by Exide Technologies’ battery recycling plant. For decades, Exide belched out thousands of tons of poisonous lead dust across the predominantly Latino communities surrounding the industrial city of Vernon. 

“I’m here to urge the Council and DTSC not to contract the cleaning crew National Engineering Consulting Company Group, also known as NEC because they are not professional,” said Valdovinos at the Environmental Board Meeting.

She was hardly the first to complain of sloppy standards affecting the cleanup of more than 7 million pounds of lead dust spewed out by Exide. Residents have long complained about issues with the cleanup, and now employees of the contractors responsible for the cleanup are speaking out too. Reporting by L.A. TACO found two incidents of severe injuries to subcontractor workers due to possibly unsafe working conditions and questionable treatment of poisonous lead dust. 

One cleanup worker died after suffering injuries inflicted by a Bobcat digger at one site in 2020. At another, in the spring of 2022, an employee of a state contractor was severely injured by a pickax blow to their chest and shoulder area after a site was not appropriately cleared for overhead hazards. 

By Mike Ludwig - Truthout, October 22, 2022

A potential showdown between organized labor and Wall Street looms over the world of freight trains: An influential railroad workers group is urging fellow union members to reject a tentative labor agreement that has prevented an industry-wide strike, and to fight for public ownership of railroads. Negotiations are tense, and the unions are telling members that every vote counts.

Fearing further stress on supply chains and the economy ahead of the midterm elections, President Joe Biden convened an emergency board to negotiate a tentative agreement between rail carriers and unions threatening a nationwide strike. Railroad Workers United (RWU), an advocacy group of rank-and-file workers, recently called on fellow union members to reject the tentative agreement in a vote scheduled for early December, and to strike if necessary.

The tentative agreement announced in September by two major unions calls for an immediate 14 percent wage increase, but concerns over working conditions, health insurance and medical leave remain. SMART, a union representing sheet metal, air and rail workers, recently told its members that the tentative agreement is still being finalized, and it will be up to the rank and file to vote yes or no on the deal.

A nationwide rail strike would incapacitate shipping and force rail companies and the public to contend with the demands of railroad workers, who say their employers have maximized profits while safety and working conditions deteriorate. BNSF Railway, one of the top freight rail operators, made $23 billion in revenue in 2021 alone.

While RWU is urging the rank-and-file to fight for a better contract with their employers, the group says the ultimate solution to the problems raised at the negotiating table is a public takeover of the railroads for freight trains.

By Mark Burrows, et. al. - Project Censored, October 11, 2022

By Alexandra Martinez - Prism, October 6, 2022

Marta Gabriel has been picking tomatoes in Homestead, Florida, since she arrived from Guatemala five years ago. She didn’t know how hot and grueling conditions would be, but the job guaranteed her money that she could use to support her growing family as a mother of young children. However, after she nearly fainted from heat exhaustion and then suffered heatstroke while bending down to cut tomatoes, Gabriel realized her working conditions were not sustainable. She was already a member of WeCount!, a coalition of immigrant workers in southern Florida, and shared her concerns with organizers. 

Hundreds of thousands of other outdoor workers across South Florida share Gabriel’s experience. Starting in 2017, they began telling organizers at WeCount! that heat had become an issue. Now, construction workers, farmworkers, and other outdoor workers across Miami-Dade County are fighting for a countywide heat standard to ensure workers are protected from the deadly rising temperatures on the frontlines of climate change and extreme heat.

As it stands, workers in southern Florida are forced to work outside in the extreme heat without any local, state, or federal heat standards. WeCount!’s “¡Que Calor!” campaign (Spanish for “it’s so hot!”) is hoping to enact a heat standard similar to the one states like California, Washington, or Oregon, have already implemented—one that highlights the need for water, shade, and rest for workers. Led by those most impacted by the problem—farmworkers, plant nursery workers, day laborers, and construction workers—¡Qué Calor! is building a grassroots movement for climate, health, and labor justice. 

By Molly Rosbach - Oregon State University, September 29, 2022

Rates of traumatic injury among workers in the Oregon agricultural and construction sectors are significantly higher during periods of high heat compared with periods of more moderate weather, a recent Oregon State University study found.

The results underscore the importance of providing robust safety protections for outdoor workers, especially as extreme heat events become more common with climate change, researchers said.

“The big take-home message I want people to get from this is that, if the temperature is high and you have workers out there, they’re more likely to be injured, whether it’s due to dehydration, reduction in mental capacity or exhaustion,” said Richie Evoy, lead author on the paper and a recent doctoral graduate from OSU’s College of Public Health and Human Sciences.

The study, published earlier this month, examined Oregon workers’ compensation data from 2009-2018. Researchers looked at nearly 92,000 injury claims in which workers suffered temporary disability, permanent disability or death. They focused on injuries that occurred in the months of April through October because the average heat index was above 55 degrees for that period.

In addition to heat, researchers also investigated the impact of wildfire smoke on worker injury rates.

They matched injury records with meteorological data to estimate heat exposure based on the heat index, which combines the effects of temperature and humidity in the air, along with environmental satellite data to estimate exposure to wildfire smoke.

They found that workers in agricultural and construction jobs were significantly more likely to suffer a traumatic injury on days when the heat index was above 75 degrees, compared with a baseline of 65 degrees or less.

The effect worsened when the heat index climbed to over 90 degrees, with an increased risk of 19-29% over baseline as the index ranged from 90-119 degrees.

“These results support the need for occupational safety practitioners to include protections for workers during extreme heat,” said Laurel Kincl, co-author on the study and an associate professor in OSU’s College of Public Health and Human Sciences. “While our study in based in Oregon, this is true in other states and regions since these conditions will likely become more frequent with climate change."

The impact of wildfire smoke was less clear. When researchers looked at smoke by itself, it was strongly associated with an increased risk of injury, but when they also incorporated heat index data into the analysis, the effect of wildfire smoke was no longer significant.

There are several potential reasons for this, researchers said. It could be that because wildfires happen more frequently in hot conditions, the smoke is coincidental to the heat; but smoke can sometimes also block the sun and reduce overall temperature.

Future studies should obtain more precise smoke exposure data to better understand the potential impact, researchers said. In using satellite imagery and data recorded from each day’s peak smoke exposure by zip code, Evoy said they couldn’t parse out exactly how much wildfire smoke individual workers were exposed to, or what was in that smoke, because of shifting winds and changes in what was burning at any given time.

“The way things stand now, wildfires are only going to increase in frequency and duration in Oregon and in the West, so the more we can do to understand the risks to our outdoor workers who are going to be experiencing these climate effects first, the better off those workers are going to be in protecting their health and staying productive,” Evoy said.

Just this summer, Oregon’s Occupational Safety and Health division adopted new standards regarding wildfire and excessive heat stress. Employers are now required by law to provide workers with shade areas when the heat index exceeds 80 degrees, along with access to drinking water, a specific work-rest schedule and several other safety measures. A coalition of Oregon business groups are suing the state over these new rules, which were praised by worker advocacy groups.

Other co-authors on the OSU study included Perry Hystad and Harold Bae, both in the College of Public Health and Human Sciences.