health and safety

West Coast Native News - September 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.

A Louisiana federal court basted BP for the massive 2010 oil spill in the U.S. Gulf Coast on Thursday, saying the incident was a combination of “gross negligence” and “reckless” conduct by the oil giant and other oil producers — a judgement the company strongly rejected.

The ruling means BP could face as much as $17.6 billion in civil fines under the Clean Water Act, The company could now face fines as much as $4,300 for every barrel of oil lost. Based on government estimates from the time of how much was lost, the company could end up with a fine of almost $18 billion. Just this week, Halliburton agreed to pay $1.1 billion to settle claims related to its role in the disaster.

Earlier this year, a separate court ruling determined BP would have to set aside $9.2 billion in settlement funds, a figure the company was fighting to reduce.

Here is a list of the 11 workers who died after a blast on the BP-leased drilling rig Deepwater Horizon on April 20, 2010 about 50 miles southeast of the Louisiana coast in the Gulf of Mexico.  — after burning for about a day and a half — the Deepwater Horizon sank. It rests on the bottom about a mile below the Gulf surface.

None of the men worked directly for BP. Two were employed by M-I Swaco, a division of oil field services company Schlumberger. The rest worked for Transocean.

— Jason Anderson, 35, of Midfield, Texas. A father of two. His wife, Shelley, said Thanksgiving was his favorite holiday. Anderson began preparing a will in February 2010 and kept it in a spiral notebook. It sank with the rig.

—Aaron Dale “Bubba” Burkeen, 37, of Philadelphia, Miss. His death at the Deepwater Horizon came on his wedding anniversary and four days before his birthday. He was married with two children.

—Donald Clark, 49, of Newellton, La. He was scheduled to leave the rig on April 21, the day after the blast.

—Stephen Ray Curtis, 40, of Georgetown, La., Curtis was married and had two teenagers.

—Gordon Jones, 28, of Baton Rouge, La. Jones arrived on the rig the day before the explosion. He died three days before his sixth wedding anniversary and 10 minutes after talking to his pregnant wife, Michelle Jones. Their son, Max, was born three weeks later.

—Roy Wyatt Kemp, 27, Jonesville, La. Kemp was married. His daughter’s birthday was 3 days before the explosion. Kemp was scheduled to leave the rig on April 21.

—Karl Kleppinger Jr., 38, of Natchez, Miss. Kleppinger was a veteran of the first Gulf War and the father of one child.

—Keith Blair Manuel, 56, of Gonzales, La. Manuel had three daughters. He was a fan of LSU athletics and had football and basketball season tickets.

—Dewey A. Revette, 48, of State Line, Miss. Revette had been married to his wife, Sherri, for 26 years when the rig exploded. He was scheduled to leave the rig on April 21.

—Shane M. Roshto, 22, of Liberty, Miss. His wife, Natalie, filed a lawsuit April 21, 2010, saying she suffered post-traumatic stress disorder after her husband was killed in the explosion. He was set to leave the rig on April 21.

— Adam Weise, 24, Yorktown, Texas. Weise drove 10 hours to Louisiana every three weeks to work on the rig. A high school football star, he spent off- time hunting and fishing. He was scheduled to leave the rig on April 21.

No bodies were recovered.

By Kevin Krolicki - Reuters, September 3, 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.

IWAKI Japan (Reuters) - A group of Fukushima workers on Wednesday sued Tokyo Electric for unpaid wages in a potentially precedent-setting legal challenge to the utility and its reliance on contractors to shut down a nuclear plant destroyed by the industry's worst accident since Chernobyl.

The lawsuit follows a court ruling last week that the utility known as Tepco must pay compensation over the suicide of a woman who was forced from her home following the March 2011 tsunami and subsequent meltdowns at the Fukushima Daiichi power plant north of Tokyo.

The spate of legal activity is the latest blow for Tepco, which has been effectively nationalized and expects to spend more than $48 billion in compensation alone for the disaster that forced the evacuation of some 160,000 residents.

The lawsuit, filed by two current and two former Fukushima workers who wore masks to court to conceal their identities, claims that Tokyo Electric Power Co Inc and its contractors failed to ensure workers are paid promised hazard allowances, a court filing showed.

"A year ago, Prime Minister (Shinzo) Abe told the world that Fukushima was under control. But that's not the case," Tsuguo Hirota, the lawyer coordinating the lawsuit, said in an interview.

"Workers are not getting promised hazard pay and skilled workers are leaving. It's becoming a place for amateurs only, and that has to worry anyone who lives near the plant."

The workers say Tokyo Electric allowed subcontractors to skim funds allocated for wages to bolster their own profits on the decommissioning project at the expense of workers.

The lawsuit seeks the equivalent of almost $600,000 in unpaid wages from Tokyo Electric and related contractors. It marks the first time that the utility has been sued for the labor practices of the construction companies it employs.

The lawsuit also asks that the 6,000 workers at the nuclear clean-up project either be made effectively government employees, be put on the Tepco payroll directly or otherwise be fairly paid.

Hirota said he expects two additional workers will join the action immediately and that more could follow. Japanese law allows for additional plaintiffs with related claims to join an existing lawsuit.

Tokyo Electric said it had not yet received a copy of the compliant and would respond after seeing the details.

Read the entire article here.

By Lorne Stockman, et. al. - Oil Change International, September 2014

Tar sands pipelines face increasing resistance both in the United States and Canada. As existing pipelines reach capacity, the delay and possible cancellation of new pipelines is costing tar sands producers billions of dollars and reducing investment in the sector. The success of anti-pipeline campaigns has forced industry to look to rail in an attempt to address these losses and open new markets for their product.

The crude oil produced from the Albertan tar sands is a semi-solid substance called bitumen, rather than a liquid crude oil. Shipping bitumen by rail is more expensive than shipping it by pipeline and the added cost is a substantial challenge to the long-term viability of the tar sands industry. Despite significant evidence, market analysis, and real world experience to the contrary, some prominent institutions - including the U.S. Department of State - continue to assert that rail has the potential to replace tar sands pipeline capacity, and thus the rapid pace of tar sands development will continue regardless of whether new pipeline capacity is built or not.

This report details why this is not the case.

Read the report (English PDF).

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.”

By Ted Alvarez - Grist, July 29 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.

VICE News just released Bomb Trains: The Crude Gamble of Oil by Rail, a 23-minute-long documentary investigating the explosive oil trains that regularly run from the Bakken shale to the Pacific Northwest. That might seem a bit long for web video, but you should watch it anyway — mostly because Thomas the Terror Engine is headed to your town, but also because Jerry Bruckheimer has nothing on the terrifying explosions at the 5:09 and 6:00 marks.

Oh, and you can find out if you live near a bomb-train blast zone right here. (Spoiler alert: You probably do.)

By Andrea Germanos - EcoWatch, August 7, 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 owner of a Youngstown, Ohio-based company was sentenced on Tuesday [August 5, 2014] to more than two years in prison for ordering his employees to repeatedly dump toxic fracking waste into a local waterway.

Between Nov. 1, 2012 and Jan. 31, 2013, employees of Hardrock Excavating LLC, which provided services to the oil and gas industry including storing fracking waste, made over 30 discharges of fracking waste into a tributary of the Mahoning River. Sixty-four-year old Benedict W. Lupo, then-owner of Hardrock Excavating, directed his employees to dump the waste, which included benzene and toluene, under the cover of night into the waterway.

According to reporting by the Cleveland Plain Dealer, “employees tried to talk Lupo out of it, but he refused. [The judge] also pointed out a prosecutor’s pictures that detailed six weeks of clean-up in an oil-soaked creek.”

By Blake Sobczak - Energywire [Paywall Site], August 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.

The recent surge in oil train traffic along North America’s freight network has been a boon for railroads struggling to cope with falling coal shipments.

But though the crude-by-rail boom has kept workers busy, it has also raised questions about their safety and preparedness following a series of oil train derailments and explosions.

A tentative agreement between BNSF Railway Co. and a major transportation union last month would allow certain trains to operate with just one engineer on board, provided they were outfitted with Positive Train Control. PTC technology allows for the train to be stopped or slowed automatically if it exceeds a speed limit or is on track for an unseen collision.

BNSF spokeswoman Roxanne Butler pointed out that the PTC labor deal would not apply to any trains hauling hazardous materials such as crude oil. The agreement is now being considered by members of the International Association of Sheet Metal, Air, Rail and Transportation Workers’ Transportation Division (SMART TD).

But union representatives have worried that the agreement could clear the way to phase out oil train conductors in the future, setting what they consider a dangerous precedent.

“You can’t talk about this issue without mentioning the terrible lessons that we learned at Lac-Mégantic,” said SMART TD National Legislative Director James Stem, referring to a fiery oil train derailment and explosion in Quebec last year that killed 47 people.

The train was not manned when it jumped the tracks in downtown Lac-Mégantic, but it had been operated by a lone engineer the previous night. The worker is now facing charges of criminal negligence for allegedly failing to apply enough hand brakes that could have prevented the train from breaking free from its parking place and hurtling toward town.

In that case, Stem explained, safety “had nothing to do with the size of the tank car — it had to do with management decisions that were made based around the fact that they had a crew of one.”

“Based on our experience and multiple fatalities, a crew of at least two certified employees is necessary for the safe operation of the train,” he said.

The Federal Railroad Administration, part of the U.S. Department of Transportation, is now crafting regulations that will likely require oil trains to be staffed by at least one conductor and one engineer. An FRA spokesman said the regulator expects to issue a notice of proposed rulemaking on the topic by the end of the year.

The U.S. rail industry already uses at least two employees on oil or ethanol trains as standard practice.

But in a statement supporting the FRA’s two-person crew proposal in April, Edward Wytkind, president of the Transportation Trades Department at the union confederation AFL-CIO, noted that railroads’ “previous collective bargaining pursuits have included attempts to employ one-person crews.”

Railroads have sought to use smaller crews in recent decades to cut down on labor costs, arguing that technologies such as PTC and improved operating practices preclude the need for many workers. But regulators and labor groups have maintained that larger crews boost safety.