Legal
kkrisberg | August 27, 2014As Texas Gov. Rick Perry makes moves toward a 2016 presidential run, it seems he can’t talk enough about the so-called “Texas Miracle." But upon closer inspection, it seems clear that a “miracle” based on small government, big business tax breaks and laissez-faire regulations is hardly a blessed event for Texas workers.
In an in-depth article on workplace deaths published in the Dallas Morning News, reporter James Gordon writes that Texas workers face the highest workplace death rates in the nation. In fact, Gordon notes that a Texas worker is 12 percent more likely to be killed on the job…
kkrisberg | August 22, 2014After nearly a decade of hoping state legislators would pass an earned paid sick time law, advocates in Massachusetts decided it was time to put the question to voters. Now, in November, voters will have the chance to help improve the lives of nearly 1 million workers who can’t earn one, single hour of sick leave and are often left to choose between caring for themselves or a loved one, paying the bills or losing a job.
“This is about fundamental fairness in the workplace,” said Elizabeth Toulan, a senior attorney at Greater Boston Legal Services and former coordinator of the Massachusetts…
kkrisberg | August 12, 2014It didn’t make a lot of headlines, but a new presidential executive order could be a big deal for workers' rights and safety. On July 31, President Obama signed the Fair Pay and Safe Workplaces executive order, which requires federal contractors to disclose prior labor violations and prohibits contractors from forcing workers into arbitration to settle workplace discrimination cases.
The National Law Review explains the order in detail. According to writers Dwight Armstrong and Nisha Verma, the order applies to federal contracts valued at more than $500,000 and could affect a substantial…
kkrisberg | August 8, 2014Today, the Centers for Disease Control and Prevention released new data on heat deaths among U.S. workers, underscoring the often-tragic consequences that result when employers fail to take relatively simple and low-cost preventive actions.
Published in today’s issue of CDC’s Morbidity and Mortality Weekly Report (MMWR), researchers reviewed two years worth of OSHA enforcement cases that were investigated under its general charge to uphold safe and healthy workplaces. (OSHA investigates workplace heat illness and death via the “general duty clause” of the Occupational Safety and Health Act of…
kkrisberg | August 1, 2014For 17 years, Salvadora Roman deboned chickens on the processing line at Wayne Farms in Decatur, Alabama. In particular, she deboned the left side of the chicken — a task she was expected to perform on three chickens each minute during her eight-hour shift. Because of the repetitive movement and speed of the processing line, Roman developed a chronic and painful hand injury that affects her ability to do even the most basic household chores. About three years ago, she was fired from the plant for taking time off work to visit a doctor for the injury she sustained on the line.
“My hand started…
kkrisberg | July 30, 2014Fast food workers may have just received a huge boost, thanks to a ruling from the National Labor Relations Board.
Steven Greenhouse reports in The New York Times that the board’s general counsel has ruled that McDonald’s is jointly responsible for labor violations at its franchises — “a decision that if upheld would disrupt longtime practices in the fast-food industry and ease the way for unionizing nationwide,” Greenhouse writes. The article reports that of the 181 unfair labor practice complaints filed against McDonald’s and its franchises in the last 20 months, the board’s counsel decided…
kkrisberg | July 18, 2014When Bethany Boggess first debuted her online mapping project, she didn’t expect it to attract so much attention. But within just six months of its launch, people from all over the world are sending in reports and helping her build a dynamic picture of the lives and deaths of workers.
The project is called the Global Worker Watch and it’s quite literally a living map of worker fatalities and catastrophes from around the globe. When you go to the site, you’ll see a world map speckled with blue dots, each representing a reported occupational death, illness or disaster. Here are just a few I…
kkrisberg | July 15, 2014Serious health problems are driving workers at a car part manufacturer in Alabama to call for a union. In an in-depth article for NBC News, reporter Seth Freed Wessler investigated occupational exposures at the Selma-based Renosol Seating plant, where workers make foam cushions for Hyundai car seats and headrests. According to the story, at least a dozen current and former employees report sinus infections, chronic coughs, bronchitis, shortness of breath and asthma since working at the factory. The story begins with worker Denise Barnett:
Denise Barnett was thankful seven years ago when she…
kkrisberg | July 3, 2014Crystalline silica, hydrofluoric acid and formaldehyde. Those are just three of the dozens of air toxic chemicals that oil companies have used thousands of times in southern California in just the past year.
The data has come to light thanks to new reporting rules adopted in 2013 by the South Coast Air Quality Management District, which now requires oil and gas well operators to disclose the chemicals they use in oil and gas operations. According to a recently released analysis of the first year’s worth of reported data, oil companies used 44 different air toxic chemicals more than 5,000…
kkrisberg | July 1, 2014The U.S. Supreme Court released two big decisions yesterday. The first, which you’ve probably heard about, ruled that for-profit companies can deny female employees insurance coverage for birth control if it conflicts with their religious beliefs. (For more on the potential consequences of this outrageous and offensive decision, read this great piece in Slate. Also, since this is the Occupational Health News Roundup, it bears mentioning that in her dissent, Justice Ginsburg noted that the cost of an IUD is about a month’s full-time pay for a worker earning minimum wage.) But in addition to…
cmonforton | June 26, 2014Luis Castaneda Gomez, 34 and Jesus Martinez Benitez, 32 were asphyxiated in June 2011 when they were doing repairs inside a manhole. Their employer, Triangle Grading and Paving, was hired by the City of Durham, NC to make water line repairs. The firm had a history of violating worker safety regulations. Worse yet, it was not the first time an employee of Triangle Grading was killed on-the-job.
Durham, like most municipalities, did not have effective policies in place to guard against giving business to safety scofflaws. But that changed in Durham when it adopted a policy in 2012 requiring all…
kkrisberg | June 17, 2014Just yesterday, the Obama administration announced it would take executive action to protect certain workers against discrimination based on sexual orientation. The Associated Press reports that the president plans to sign an executive order prohibiting federal contractors from discriminating against workers based on sexual orientation and gender identity. The order is estimated to protect about 14 million workers who are not currently protected against such discrimination. The administration did not say exactly when the president would sign the executive order.
The Associated Press article…
kkrisberg | June 10, 2014Five million dollars. That’s how much the fast food industry spends every day to peddle largely unhealthy foods to children. And because studies have found that exposure to food marketing does indeed make kids want to eat more, advertising is often tapped as an obvious way to address child obesity. Fortunately, a new study finds that the public agrees.
As part of the Los Angeles County Health Survey, researchers with the Los Angeles County Department of Public Health asked nearly 1,000 adults four food policy questions: would they support a tax increase on sodas to discourage kids from…
kkrisberg | June 3, 2014Coal miner turned whistleblower Justin Greenwell is at the center of a Huffington Post article investigating how the mining industry cheats the worker safety system. Greenwell, who’s now in a legal battle to get back his mining job with Armstrong Coal, a subsidiary of St. Louis-based Armstrong Energy, tipped off federal mine inspectors that the company was submitting misleading coal dust samples to regulators. The samples are used to determine whether a mine is in compliance with safety and health standards designed to protect miners from black lung disease. According to a 2008 posting from…
kkrisberg | May 20, 2014The Pump Handle’s own Celeste Monforton was quoted in an investigative piece on the tank cleaning industry and the dangerously toxic environments that its workers face. In an investigative article in the Houston Chronicle, reporter Ingrid Lobet found that even though industry workers are coming into contact with extremely toxic and often combustible chemicals, the methods that the Occupational Safety and Health Administration uses to track tank and barge cleaning operations is woefully deficient.
Lobet begins her story with the life and death of David Godines, a Houston tank cleaner found…
kkrisberg | May 16, 2014Two years ago, domestic workers in Houston, Texas, took part in the first national survey documenting the conditions they face on the job. The experience — a process of shedding light on the often isolating and invisible world of domestic work — was so moving that Houston workers decided they didn’t want to stop there. Instead, they decided it was time to put their personal stories to paper.
The result is “We Women, One Woman!: A view of the lived experience of domestic workers,” which was officially released last month. The anthology features the stories of 15 nannies, house cleaners and…
kkrisberg | May 9, 2014In New York, construction is the deadliest industry, with immigrant workers experiencing half of all occupational-related fatalities. Across the country in California in 2012, transportation incidents took the unenviable top spot as the leading cause of workplace fatalities. In Massachusetts in 2013, it’s estimated that upward of 500 workers died from occupational disease, at least 1,800 were diagnosed with cancers associated with workplace exposures and 50,000 workers experienced serious injury. In Wyoming, workplace deaths climbed to a five-year high in 2012, from 29 in 2011 to 35 in 2012.…
kkrisberg | May 6, 2014The Coalition of Immokalee Workers’ Fair Food Program has garnered praise from the White House to the United Nations for its innovative strategies to improve working conditions among farmworkers in Florida. The program, which began in 2010, works by getting big buyers to agree to only purchase tomatoes from farms that adhere to worker protection rules and ensure that workers are educated on their rights and responsibilities. Businesses that have signed on include Taco Bell, Chipotle and, recently, Wal-Mart, which according to a New York Times article chronicling progress on Florida farms,…
kkrisberg | March 24, 2014Thanks to a unanimous vote of California’s Occupational Safety and Health Standards Board last Thursday, workers get to hold on to a robust chemical right-to-know rule that puts their health and safety first. The vote also means that California workers will reap the benefits of more meaningful right-to-know rules than those at the federal level.
“It’s a human right to know about the hazards of the work you’re doing,” said Dorothy Wigmore, occupational health specialist at Worksafe, a state-based organization dedicated to eliminating workplace hazards. “If employers don’t know about the…
kkrisberg | March 12, 2014When President Obama signed the Food Safety Modernization Act (FSMA) into law in 2011, it was described as the most sweeping reform of the nation’s food safety laws in nearly a century. Public health advocates hailed the law for shifting regulatory authority from reaction to prevention. What received less attention was a first-of-its-kind provision that protects workers who expose food safety lawbreakers.
The law’s whistleblower provision, also known as Section 402, amends the federal Food, Drug and Cosmetic Act to provide “protection to employees against retaliation by an entity engaged in…