occupational safety

A couple of weeks ago, I wrote about the number of major regulatory actions taken by OSHA during the Presidential election years 1984 to 2012. I was exploring the popular notion that OSHA's regulatory activities always slow down during a Presidential election year.  I learned that the number of final rules, proposed rules, and advanced notices of proposed rules issued by OSHA slowed substantially over the last 28 years, but I needed more data to discern whether the number of these actions actually slowed during Presidential election years.   The chart below provides that data. In five of the…
"Going to work sick or losing pay" is not a choice that Seattle workers should be forced to make.  That's how Seattle City Council member Nick Licata why he sponsored the City's paid sick leave legislation.  The new law took effect September 1.  It is just one of the new State and local laws profiled in our new report The Year in U.S. Occupational Health & Safety: Fall 2011 - Summer 2012. Earlier this week, Liz wrote about the report's first section on new research on worker health and safety, and I wrote about the accomplishments and setbacks on the federal scene.  The report's final…
As Liz Borkowski noted on Tuesday, we started a new tradition this year to mark Labor Day in the U.S.  We published The Year in U.S. Occupational Health & Safety: Fall 2011 - Summer 2012.  The 42-page report highlights some of the key research and activities in the U.S. on worker health and safety topics. We know that many advocates, reporters and researchers look forward  every April to the AFL-CIO’s Death on the Job report with its compilation of data on work-related injuries reported, number of federal and state inspections, violations cited, and penalties assessed.  We set out to…
by Kim Krisberg It's Tuesday evening and as usual, the small parking lot outside the Workers Defense Project on Austin's eastside is packed. The dusty lot is strewn with cars and pick-up trucks parked wherever they can fit and get in off the road. I've arrived well before the night's activities begin, so I easily secure a spot. But my gracious guide and translator, a college intern named Alan Garcia, warns me that I might get blocked in. It happens all the time, he says. It was the first of two August evenings I'd spend observing the project in action and meeting the workers who help lead its…
I'll be the first to admit I've criticized the Obama Administration's OSHA for failing to issue or even propose many new worker safety and health standards.   As I wrote earlier this month, under President Obama and Secretary Solis, OSHA has only issued three new worker safety rules, two of which were safety standards affecting discrete industries and the third, a rule broadly endorsed by big business.  Some colleagues and commentators attribute this mediocre record to regulatory resistance in the White House, pressure from Republicans on Capitol Hill, too few staff in the OSHA standards…
by Kim Krisberg For six months, Jorge Rubio worked at a local chain of tortilla bakeries and taquerias in the cities of Brownsville and San Benito, both in the very southern tip of Texas. Rubio, 42, prepared the food, cleaned equipment, served customers. Eventually, he decided to quit after being overworked for months. On his last day of work this past January, his employer refused to pay him the usual $50 for an 11-hour workday. The employer told Rubio that sales were too low to pay him. A couple months later, Rubio was referred to Fuerza del Valle, a young workers center in Texas' Rio…
As first reported yesterday by Chris Hamby at the Center for Public Integrity's IWatch, an internal report on the agency's Voluntary Protection Program (VPP), submitted in November 2011 to OSHA chief David Michaels is now public. Over the months, I'd made my own inquiries to OSHA's public affairs office wondering when the public might be able to read this report.  I never received a response, but understand it appeared on OSHA's website on Friday, August 17.  Thanks to Hamby for bringing it to our attention. OSHA's VPP dates back to 1983, and recognizes worksites that, in OSHA's words "…
by Beth Spence Last week a friend and I visited the memorial dedicated to the miners who were killed in the 2010 Upper Big Branch (UBB) mine disaster.  The massive 48-foot granite structure with 29 ghostly silhouettes is a powerful tribute to the lost miners and to the industry that has been so dominant in the Appalachian region. It is fitting that the memorial is in Whitesville, nestled in the Coal River Valley not far from where coal was first discovered in West Virginia, and that it stands on the very site where, in the days and weeks after the disaster, an organic memorial sprang up to…
[Udated below (Sept 5, 2013)] Jay Van Buskirk, 47, was employed less than a year at the ConAgra Foods flour mill in Alton, Illinois, before falling to his death on August 4, 2012.   The St. Louis Post-Dispatch reports: "Van Buskirk was standing on a man lift platform and moving between the fourth and fifth floors of the nine-story flour mill when he fell. The Madison County Coroner's Office reported that the death was due to head trauma and that the fall was as much as 74 feet. According to the coroner's office, the man had complained of feeling dizzy prior to the fall." A week earlier it was…
In a New York Times story reporting on the resignation of Cass Sunstein, President Obama's director of the Office of Information and Regulatory Affairs (OIRA), the paper missed an opportunity to take readers beyond the rhetoric to reality.   One sentence in the article said this: "Business lobbies and Republicans in Congress complain frequently about 'job-killing' regulations, citing rules like the E.P.A.’s new standard for carbon emissions from power plants (recently upheld by a federal appeals court) and the Department of Labor’s new worker-safety rules." "What Department of Labor's new…
[7/30/2012 Update below] Just hours before a granite memorial was unveiled for the 29 men who were killed in the Upper Big Branch (UBB) coal mine on April 5, 2010, another West Virginia coal miner was killed on-the-job.  Johnny Mack Bryant II, 35, died at the Coal River Mining Fork Creek #10 mine in neighboring Boone County.  The mine is about 20 miles from Whitesville, WV the location of the UBB memorial.  The Charleston (WV) Gazette reports the fatal-injury incident occurred at about 4:15 am on July 27 when Mr. Bryant was fatally "pinned between a mine wall and the boom of a continuous…
by Kim Krisberg In the fall of 2011, a new Texas statute took effect against employers who engage in wage theft, or failing to pay workers as much as they’re owed. The statewide statute put in place real consequences, such as jail time and hefty fines, for employers found guilty of stealing wages from workers. It was a big step forward in a state where wage theft has become as common as cowboy boots and pick-up trucks. In El Paso, which sits on the western-most tip of Texas on the border with Juarez, Mexico, and is among the most populous cities in the nation, wage theft has become so rampant…
You'd think the chemical giants Dow, DuPont, and the 160 other firms who are members of the American Chemistry Council (ACC) would expect the association's lobbyists to get their facts straight when moaning to Congress about federal regulations.  Last week the ACC claimed that the Labor Department's Occupational Safety and Health Administration (OSHA) was moving forward with a regulation on combustible dust.  They claimed that the "proposed rule will only add onerous requirements to existing regulations."  The ACC also made the ludicrous claim that OSHA had not "met its statutory obligation…
When the deal was made five years ago, officials were proud to announce it was the first refinery expansion project in the U.S. in 30 years.  Motiva Enterprises' CEO Bill Welte called it a "momentous occasion" for his firm and its owners Royal Dutch Shell and Saudi Aramco.  The final product would be the largest refinery in U.S.  It was projected to produce more than 12 million gallons of gasoline per day from crude oil shipped initially by tankers from Saudi Arabia to the Port Arthur, TX site. Fast forward to the grand opening ceremony on May 31, 2012 where five executives including Shell's…
"Regulation in an uncertain world," was the title of a speech that President Obama's regulatory czar Cass Sunstein delivered on June 20, 2012 at a National Academy of Science's government-university-industry research roundtable on "Decision Making under Risk and Uncertainty."  Mr. Sunstein's speech, as prepared for delivery, tried to make the case that under his leadership at the White House's Office of Information and Regulatory Affairs (OIRA) the Administration has instituted new procedures and practices that make the federal regulatory system more rigorous, evidence based, and transparent…
[Updated (July 5, 2012) below] "We're still in the dark," explained one family whose son was killed 27 months ago at Alpha Natural Resources (formerly Massey Energy's) Upper Big Branch mine (UBB).  That comment came two weeks ago after learning that Alpha, one of the world's largest coal companies, provided its first progress report to U.S. Attorney Booth Goodwin as required by the December 2011 Non-Prosecution Agreement.  The report was dated June 4, 2012.  The progress report is supposed to describe the firm's compliance with the agreement, which settled the U.S. Department of Justice's…
Just two weeks ago, families of the 29 men who were killed on April 5, 2010 at Massey Energy's Upper Big Branch (UBB) mine traveled to Washington DC to urge lawmakers to improve our nation's mine safety law.   The West Virginia natives met with Republican and Democratic Members of Congress and asked for four simple reforms targeted at the mining industry's bad actors.   They weren't asking anything for themselves.  Only for new laws to help deter unscrupulous employers from causing another disaster and causing other communities to suffer the same pain and loss the UBB families have endured.…
It's been almost two years since Daniel Noel, 47, and Joel Schorr, 38, went to work at Barrick Goldstrike's Meikle mine near Elko, Nevada, but never made it back home to their families.  They were fatally crushed on August 12, 2010 in a mine shaft by tons of falling aggregate and pipe.  As I wrote last year, management at this mine --- an operation owned by the largest gold producer in the world, with a stock market value of tens of billions of dollars --- had jerry-rigged a reset button with a broom handle and failed to replace missing clamp bolts and load-bearing plates on the aggregate…
by Elizabeth Grossman “It’s basically strip mining,” said Wisconsin Department of Natural Resources (DNR) environmental engineer Rick Wulk, describing the sand mining activity that has exploded across western Wisconsin since 2010.  Mining silica and quartz and processing it into industrial sand is big business these days because this sand is an important component of hydraulic fracturing operations that extract natural gas from shale. To understand the magnitude of the current boom in sand mining, the place to look is Wisconsin.  What’s happening in Wisconsin also offers a good example of how…
Tobacco companies did it.  Asbestos-peddlers did it.  Chromium users did it.  The list goes on and on.  When polluters and manufacturers of dangerous products feel threatened by scientific evidence that their pet compound is carcinogenic to humans, they will do everything money can by to avoid the "cancer-causing" label. The latest example comes from diesel-engine manufacturers.   Their efforts come just in time for a meeting of the International Agency for Research on Cancer (IARC) scheduled for June 5-12, 2012.  IARC, an agency within the World Health Organization, is convening an expert…