Chemical Safety Board (CSB)

Compiled by x344543 - IWW Environmental Unionism Caucus, August 4, 2015

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 following news items feature issues, discussions, campaigns, or information potentially relevant to green unionists:

Lead Stories:

• Beyond Extinction: Transition to post-capitalism is inevitable (A response to Margaret Atwood's, It’s Not Climate Change It’s Everything Change) - By Nafeez Ahmed, Medium.Com, July 28, 2015
• The Hurricane Katrina Pain Index: 10 Years Later - By Bill Quigley, Portside, July 20, 2015

Ongoing Mobilizations:

• Flood the System - Fall 2015: Flood, blockade, occupy and shut down the systems that jeopardize our future! | #FloodTheSystem
• People’s Climate Strike - November 26 - December 12, 2015
• Railcon15 - Chicago, Illinois Saturday, September 19, 2015 | #Railcon15
• Trade Union Climate Summit - September 14 & 15, 2015 Paris | #unions4climate

Bread and Roses:

• Strike Suspended in Potosi, Bolivian VP Declared "Persona non Grata" - By EFE, Earth First! Journal, August 3, 2015
• Farmworkers score big in new tomato deal - By Eve Andrews, Grist, July 29, 2015
• Farmworkers Walk Out Again in Organic Blueberry Fields Over Continuing Unattainable Production Standards Under Sakuma’s New Pay Scale - By Staff, Boycott Sakuma Berries, July 24, 2015

By Kirsten Stade - Public Employees for Environmental Responsibility, July 8, 2015

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 new leader of the U.S. Chemical Safety and Hazard Investigation Board (CSB) is busy spending money on things other than chemical safety, according to records released today by Public Employees for Environmental Responsibility (PEER). In the past weeks, CSB has let nearly $100,000 in sole-source contracts for outside lawyers and consultants without public notice or discussion and kept them below a dollar threshold that would trigger an array of federal procurement requirements.

Last month, Richard Engler declared himself the “Interim Executive and Administrative Authority” for the CSB, a status disputed by the only other remaining Board member, Manuel (Manny) Ehrlich. He then proceeded to put the general counsel and managing director on paid administrative leave and began reassigning staff. Without informing Ehrlich, he also began unilaterally executing no-bid contracts for –

• An organizational consultant called RGS of Arlington, VA for $49,998 ; and
• “Legal Services” from the Washington, DC firm of Shaw, Bransford, Veilleux and Roth. Records indicate two payments totaling $45,000 have been authorized thus far at a billing rate between $175 and $300 per hour.

Federal contracts under $50,000 avoid a variety of procurement rules, including stronger competitive bidding and affirmative action requirements. They also fall just shy of the $50,000 threshold requiring a full Board vote under an order passed this May (with Engler among the “aye” votes) in the name of improving governance and “transparency.” Yet, these contracts were approved with the other Board member and most of the agency staff left in the dark.

“This guy is spending taxpayer money like a drunken sailor,” stated PEER Executive Director Jeff Ruch, noting Engler craves loyalty from a divided and intimidated staff so much that he even tried to elevate a lawyer with a big lawsuit against CSB. “He is assembling a mercenary force paid to do his only bidding.”

By Kirsten Stade - Public Employees for Environmental Responsibility, June 18, 2015

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 — Strife within the U.S. Chemical Safety and Hazard Investigation Board (CSB) has burst into the open again with one board member seizing control and ordering immediate suspension of the agency’s entire executive staff, according to documents posted today by Public Employees for Environmental Responsibility (PEER). In less than a week, the CSB will be left with only two board members who cannot agree on governance of the small agency.

The U.S. Chemical Safety and Hazard Investigation Board (CSB) is an independent federal agency charged with investigating industrial chemical accidents in refineries, factories, and other fixed facilities. It is supposed to have five members but is currently operating with only three, after the White House pressured its own appointed CSB chair, Rafael Moure-Eraso, to resign in March before his nominated successor was confirmed. That left the CSB leaderless, since the White House is declining to designate an interim chair among the remaining three members.

On Friday June 12th, one of the board members Rick Engler circulated an email in which he claimed “the Board voted to designate me the Board Member Delegated Interim Executive and Administrative Authority.” However, there had been no CSB vote. Instead, acting without a quorum, Engler and outgoing Board member Mark Griffon, whose term ends on June 24th, made the designation by email. Their action came over the vehement objection of the third Board member, Manuel "Manny" Ehrlich. But Engler rebuffed Ehrlich’s overture that they act cooperatively to run the CSB until a chair could be confirmed.

This Tuesday June 16th, Engler summarily placed the CSB’s executive staff, Managing Director
Daniel Horowitz and General Counsel Richard Loeb, on administrative leave, forbade them from re-entering the building or talking to any CSB staff. Armed Federal Protective Service agents placed the two in custody and escorted them off the premises.

The stated basis for Engler’s action was that he had ordered an internal investigation into “possible misconduct” identified months earlier by a House Committee and the EPA Inspector General in reports that targeted the former board chair. The reports covered topics ranging from Moure-Eraso’s supposedly “autocratic” approach, use of private email, and staff complaints of a “toxic work environment.”

“In charge for less than a week, Engler has presided over the escalation from a toxic work environment to thermonuclear war,” stated PEER Executive Director Jeff Ruch. “These stale and frankly trivial matters do not merit Egyptian-style martial-law retribution meted out here.”

Ironically, it was Engler who was an outspoken critic of the “lack of transparency” and collegiality under Moure-Eraso. Yet, his actions make those of the prior chair pale in comparison.

Compiled by x344543 - IWW Environmental Unionism Caucus, March 26, 2015

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 following news items feature issues, discussions, campaigns, or information potentially relevant to green unionists:

Lead Stories:

• Lessons Discarded: Ten years after a Texas City refinery blast killed 15 and rattled a community, workers keep dying - By Mark Collette, Lise Olsen and Jim Malewitz, Texas Tribune and Houston Chronicle, March 21, 2015
• Anatomy of a Disaster: Studies pinpointed what went wrong in Texas City, but unsafe conditions persist - By Mark Collette, Lise Olsen and Jim Malewitz, Texas Tribune and Houston Chronicle, March 22, 2015
• Blood Lessons: Ten years after a fiery explosion killed 15 in Texas City, preventable deaths continue at refineries - By Jim Malewitz and Jolie McCullough, Texas Tribune and Houston Chronicle, March 22, 2015
• A Deadly Industry: Assembled data shows how and where refinery workers continue to die - By Jim Malewitz, Jolie McCullough, Ben Hasson and Lise Olsen, Texas Tribune and Houston Chronicle, March 22, 2015
• Survivors Remember: For two former BP workers, disaster and its aftermath remain vivid - By Mark Collette and Lise Olsen, Texas Tribune and Houston Chronicle, March 22, 2015

USW Refinery Workers Strike News:

• Remembering lives lost in tragedy; Candlelight vigil highlights victims of BP blast - By Christopher Smith Gonzalez and T.J. Aulds, Galvaston Daily News, March 23, 2015
• Shell workers in Deer Park end strike - By Andrea Rumbaugh, FuelFix, March 20, 2015
• Vigil mourns 15 oil workers who died in Texas blast 10 years ago - By Joseph S. Pete, NWI Times, March 23, 2015

Carbon Bubble:

• Experts: New Mexico oil patch could lose 2,000 jobs - Associated Press, March 25, 2015
• Oil field services company cuts 200 of 250 employees in Arkansas - Associated Press, March 21, 2015
• Oilsands producers face harsh reality of rout: There’s no one to save them this time - By Jeremy van Loon and Rebecca Penty, Bloomberg News, March 23, 2015
• Texas landmen left out of work as oil patch boom times go bust - Bloomberg, March 23, 2015
• US coal market in ‘structural decline’, warning to global investors - By Sophie Vorrath, Renew Economy, March 25, 2015

Just Transition:

• Congressman: The Keystone XL Pipeline Is Worth Building Even If It Only Creates One Job - By Scott Keyes, Think Progress, March 19, 2015
• Keystone XL Pipeline = Less Jobs Than You Think - By Drew Toal, NextGen Climate, March 19, 2015
• Too Much Oil; Taking on climate change will require massive state investment and the destruction of the fossil fuel industry - By Matt Huber, Jacobin, March 22, 2015

1267-Watch:

• Editorial: No time to lose on rail safety - By Montreal Gazette Editorial Board, Montreal Gazette, March 13, 2015
• Improving Track Maintenance is Key to Oil Train Safety; Track Related Defects are a Leading Cause of Train Accidents in U.S. - By Clark Ballew, PR Newswire, March 23, 2015
• Jen Wallis, Steering Committee member of Railroad Workers United, Part 2 [audio] - By Jen Wallis, We Do the Work, March 17, 2015
• Oil trains: track inspection finds "critical defects" on North Country line - By Brian Mann, North Country Public Radio, March 18, 2015
• Rail industry’s improved tank cars failing to prevent spills - By Daneil Tyson, Register-Herald, March 17, 2015
• Train crash site was due to get crossing gates - By Allison Ross, The Courier Journal, March 17, 2015

Health and Safety:

• Bangladesh: Business as Usual as Garment Brands Stall Progress - By the International Trade Union Confederation, Portside, March 13, 2015
• Canada regulator probing TransCanada’s pipeline safety code violations - By EBR Staff Reporter, Energy Business Review, March 19, 2015; [related] National Energy Board investigates TransCanada over pipeline safety-code violations - By Brent Patterson, Rabble.Ca, March 20, 2015
• Honeywell lockout at Illinois uranium plant coming to an end - By Cecilia Jamasmie, Mining.com, March 23, 2015
• Salvadoran Maquila Plants Use Gang Members to Break Unions - By Edgardo Ayala, Inter Press Service, March 23, 2015
• Steelworkers Withdraw From Lakeland Sawmill Inquest - By Stephen Hunt and Brad West, United Steelworkers, March 23, 2015
• Thousands of Sweatshop Workers In China Go On Strike - By John Vibes, True Activist, March 17, 2015

For more green news, please visit our news feeds section on ecology.iww.org; Twitter #IWWEUC

By Steve Zeltser - The Daily Censored, February 16, 2015

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 epidemic of refinery explosions and derailments  leading to massive explosions seem to increase by the week. Behind this collapse of health and safety protection according to advocates is the failure to protect health and safety whistleblowers. The fear of workers to complain about serious health and safety problems is a key part of this failure. Now a Federal lawyer at OSHA Darrell Whitman has charged along with health and safety whistleblowers that the agency management and the DOL have not been enforcing the law to protect not only the whistleblowers but the health and safety of all Americans.

In an explosive document sent to Secretary of Labor Thomas Perez in May 2014, Federal OSHA attorney Darrell Whitman, charged that there is systemic corruption in the agency that is preventing the protection of health and safety whistleblowers. As a result of making these charges with extensive documentation, Whitman has himself become a target of workplace bullying and moves to terminate him from the agency. In fact according to Whipple his supervisor Joshua Paul who is also an attorney at the agency ordered him to falsify federal documents  which is a criminal felony. On February 21, 2015 the agency sent a mover to his house and took his documents and badge preventing him from doing his work.
Whitman has a lot of years under his belt. He has been working over 10 years for state and Federal agencies so he knows a bit about how the Federal government operates.

His latest job was as an investigator in the OSHA program that investigates health and safety complaints by workers in industries from oil, rail, trucking and other companies in OSHA region 9 which covers nearly 40 million workers in the West.
As one of the 6 OSHA staff in this unit, there have been only three that actually doing investigations. Whitman investigates whether OSHA complaints by workers are valid and then makes a determination of whether or not their complaints are serious enough to gain a merit status. Under Federal law this merit status provides full back pay and can provide punitive damages to workers who are terminated for making their health and safety complaints.

Compiled by x344543 - IWW Environmental Unionism Caucus, January 26, 2015

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 following news items feature issues, discussions, campaigns, or information potentially relevant to green unionists:

Lead Stories:

• The Agents of Unregulated Globalization vs. the Agents of the Fight against Climate Change - By Jeanette Bonifaz, Center for Economic and Policy Research, January 9, 2015

Crude by Rail:

• CSX reports record fourth quarter results - Trains [paywall alert], January 21, 2015
• Federal Court Order: Explosive DOT-111 "Bomb Train" Oil Tank Cars Can Continue to Roll - By Steve Horn, DeSmog Blog, January 23, 2015
• Interim Settlement Reached in Lac Megantic Oil Train Disaster, but Culprits Say "It Wasn't Us" - By Roger Annis, Truthout, January 22, 2015

Carbon Bubble:

• Alberta One Of Hardest Hit By Lower Oil Prices - By Andy Tully, OilPrice.Com, January 20, 2015
• Baker Hughes to lay off 7,000 - By Jennifer Hiller, FuelFix, January 20, 2015
• BHP to cut 40 percent of its U.S. shale drilling - By Jennifer Hiller, FuelFix, January 21, 2015
• Halliburton suggests North American layoffs could come - By Jennifer Hiller, FuelFix, January 20, 2015

Green Jobs and Just Transition:

• A Boom in Solar Jobs - By Rick Cohen, Nonprofit Quarterly, January 22, 2015
• In US, There Are Twice as Many Solar Workers as Coal Miners - By Kirsten Korosec, Fortune, January 17, 2015

Other News of Interest:

• Brazilian Workers, Students Battle Fare Hikes Pushed By Workers Party - By Steve Payne, In These Times, January 22, 2015
• Building Bridges with MST - By La Via Campesina South Asia, La Via Campesina, January 20, 2015
• Elizabeth Mpofu speaks before 50,000 people at the “we are fed up” demonstration - La Via Campesina, January 21, 2015
• Kosovo miners return from underground, ending 3-day strike - By Andrew Topf, Mining.Com, January 26, 2015
• 150-foot span of Willits Bypass collapses into Haehl Creek; Several workers injured - By Adrian Baumann and Michael Mott, Willits News, January 22, 2015
• Oil And Gas Production Is Exposing Californians To At Least 15 Different Kinds Of Pollutants - By Katie Valentine, Think Progress, January 22, 2015
• Outside Senators’ Clean Water Act proposal threatens Bristol Bay salmon, culture, jobs - By Tim Bristol, Save Bristol Bay, January 22, 2015
• Report faults Chevron - By D Ross Cameron, Contra Costa Times, January 24, 2015
• Scientists and Doctors Sound Alarm Over Health Dangers of Oil Spill Dispersants - By Dahr Jamail, Truthout, January 20, 2015
• Stop the Free Trade Agreements [brochure] - La Via Campesina, January 20, 2015
• U.S. refinery workers, oil firms start talks for new contract - By Erwin Seba, Reuters, January 21, 2015
• Via Campesina solidarity visit to Douro small wine growers - By La Via Campesina News Team, La Via Campesina, January 20, 2015

For more green news, please visit our news feeds section on ecology.iww.org; Twitter #IWWEUC

By Bryce Covett - Think Progress, November 17, 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.

On Saturday morning, four workers died at a DuPont chemical plant that manufactures the pesticide Lannate in La Porte, Texas after a leak of the poisonous gas methyl mercaptan. A fifth was hospitalized but later released. The plant hasn’t been visited by the Occupational Safety and Health Administration since 2007.

Such a deadly accident without an explosion or fire is unusual, according to the Wall Street Journal.

Methyl mercaptan is subject to a number of federal environmental and safety regulations. But those regulations did not ensure that the plant was a safe place to work. It was last inspected by the Occupational Safety and Health Administration (OSHA) seven years ago, when it was issued two serious violations for the safe management of highly hazardous chemicals, which could result in toxic or explosive risks. It was fined $1,700 for one and $1,800 for the other, although the latter was later reduced to $1,700.

The plant is also out of compliance with hazardous waste management and air emissions standards from the Environmental Protection Agency (EPA), according to records reviewed by the Wall Street Journal. The agency brought formal enforcement actions against it for violations in 2012 and 2014, resulting in $117,375 in penalties. DuPont is also in discussions with the EPA and Justice Department about these issues at the La Porte plant, which began after a 2008 inspection.

And over the last five years, the plant was cited for violating state law at least two dozen times by the Texas Commission on Environmental Quality, according to a review of state records by the Texas Tribune, for failures related to performing routine safety inspections, keeping equipment in working order, and preventing pollution leaks. Most recently, it released 36,500 pounds of sulfur dioxide over the course of three hours in September, well above the allowed limit, and in August last year it leaked 40 pounds of chlorine. Some of the more serious citations resulted in fines of a few thousand dollars.

By staff - U.S. Chemical Safety and Hazard Investigation Board, October 2014

An August 6, 2012, release of flammable vapor led to a fire at the Chevron Refinery in Richmond, California. The CSB released three investigation reports into this incident.

This report is particularly sigificant in that it reveals that the refinery workers repeatedly tried to warn the managers and employers of the deteriorating conditions of the refinery's infrastructure (which led to the fire), but were ignored. Knowing this, climate justice activists and organizers can develope relationships with workers in capitalist extractive industries and do the painstaking, tedious work of cultivating relationships and building trust to build a united front against the capitalist class.

Read the report (English PDF).

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.

Contact: Kirsten Stade - Public Employees for Environmental Responsibility, Jun 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 — Republican lawmakers are using phony whistleblower claims to serve a corporate agenda of blocking critical steps to prevent future chemical plant explosions, according to Public Employees for Environmental Responsibility (PEER). Nearly two years after a massive oil refinery fire sickened 15,000 California residents, the official federal safety report urging adoption of inherently safer technologies still languishes due to both internal and external opposition.

The U.S. Chemical Safety and Hazard Investigation Board (CSB) is an independent federal agency charged with investigating industrial chemical accidents in fixed facilities. It does not issue fines or citations, but makes recommendations to plants, regulatory agencies, industry organizations and labor. In a House hearing last week, Government Reform & Oversight Committee Chair Darrell Issa released an 84-page staff report making no mention of a critical February 10, 2014 memo from CSB investigative staff defending their Chair Rafael Moure-Eraso and decrying delay of their report on the Chevron refinery.

In August 2012, Chevron’s refinery in Richmond, California sprung a leak in a steel pipeline which gasified into a plume and then ignited, eventually creating a chemical cloud that forced 15,000 residents in the San Francisco Bay Area to seek medical care. The leak in the steel piping was caused by sulfidation corrosion, in which the sulfur in the petroleum eats away at the steel. There had been a similar leak at the Chevron refinery just the week prior. Chevron had four such leaks in its other refineries that year.

After reviewing the Chevron Richmond disaster, CSB issued a draft staff report calling for a preventive rather than reactive approach to chemical plant disasters. The draft report urged adoption of inherently safer design and also urged putting the onus on facility operators to choose materials and technologies that prevent foreseeable flaws. This approach is used in the U.K., Australia and Norway but not in the U.S.

Yet when the CSB convened this January, two members of the board opposed the Chair’s attempt to adopt the draft report urging inherently safer design. As a result, the Chevron report remains in limbo.