-Caveat Lector-

>From rollcall.com

Union Leader Slams Architect's Safety Record

By Stacey Zolt

Union members sharply criticized the Architect of the Capitol yesterday at
a House Appropriations legislative branch subcommittee hearing.

Calling the agency the "last plantation," American Federation of State,
County & Municipal Employees President Hazel Dews demanded accountability
from the Architect of the Capitol.

"The leadership of this agency must change its attitude about worker safety
and become a real team player when dealing with workplace issues," she
said.

Architect of the Capitol spokesman Herb Franklin said, "We are fully
prepared to sit down with the union."

Franklin added that he is waiting for an AFSCME response on participating
in a joint health and safety council that would include union
representatives and Architect of the Capitol staff.

In her testimony, Dews outlined the source of the union's frustrations,
beginning with one of the first requests for inspection that AFSCME filed
one year ago this month.

Dews recounted last year's incident of seven Rayburn Building laborers who
were ordered to scrounge through baled garbage to retrieve documents that a
Hill aide had thrown out. They had no protective gear to shield them from
the needles, glass and other dangerous materials they encountered in the
rubbish.

Following the incident, AFSCME filed a request for a safety inspection with
the Office of Compliance and citations for Occupational Safety and Health
Administration violations were subsequently issued against the House
Superintendent.

"To date," Dews wrote in her submitted testimony, "no substantive changes
have been made in the recycling program that have had any direct impact on
the elimination of the unsafe handling of materials."

AFSCME has since filed 20 additional requests for inspections on separate
matters.

Dews said that, despite complaints to supervisors or superintendents, "the
only way in which health and safety issues are resolved is when the union
files a formal request with the Office of Compliance."

Following recent reports from the Office of Compliance and the House
Inspector General, one of AFSCME's chief concerns is workplace safety.
Drawing on the Office of Compliance report, Dews said the Architect of the
Capitol's direct cost for workers compensation in 1996 was $3.2 million.

"For an agency with 2,000 employees, this equals $1,600 per employee," she
said.

Dews asked the subcommittee to change Architect procedures so the Safety
Office is routinely informed in the case of accidents, adding that
accidents or near misses would be reported immediately in the private
sector.

"Why isn't the Architect of the Capitol subjected to these same standards?"
she asked. "The union believes that the Architect of the Capitol does not
want to be accountable. Simply put, the AOC likes having its own way
regardless of the cost to employees."

Once again charging that the Architect is irresponsible, Dews quoted last
December's House IG report which identified shortcomings in the House fire
safety provisions.

In response to the audit, Hantman said, "There is no legal requirement to
meet any fire codes."

Dews responded, "The union says, 'How about a moral requirement, Mr.
Hantman?' People's lives should not be given such a shallow priority."

Dews claimed that in the past, moneys appropriated to fire protection
projects were often transferred to non-life-safety projects. She requested
that the subcommittee make efforts to ensure that any money it appropriates
to the Architect for fire safety be spent specifically on fire safety.

She also requested that the subcommittee select one Member to monitor the
Architect's use of fire safety funds.

Other workplace safety situations that are currently of concern to AFSCME
are standing water in the basements of Capitol Complex buildings and
workers handling toxic ink from copiers and fax machines.

With recent talk of increased personnel buyouts under the Architect's
domain and subsequent outsourcing, Dews said the subcommittee should be
wary of allowing such contracting out because of security concerns.

Dews noted that those employees "have a considerable amount of access to
the personal offices of all the Congressmen and Senators."

Considering the high turnover of contractors, she said, "The union and the
Capitol Police believe that this lack of identity would compromise the
Capitol Police's ability to provide adequate security and thus compromise
security for all of us."

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>From wsws.org

WSWS : Workers Struggles : North America

America's workplaces--among the deadliest in the industrialized world

By Jerry White
13 February 1999

The February 1 tragedy at the Ford Rouge complex in Michigan highlights
what is a growing and pervasive problem. On average 17 workers are fatally
injured at work every day in the US. Annually more than 6,000 workers are
killed and another 50,000 to 60,000 workers die from occupational diseases.
In addition, 7 million workers are injured on the job each year.

According to the latest available figures from the National Census of Fatal
Occupational injuries, 6,218 workers were killed in 1997, up from 6,112 the
year before. The largest portion of deaths (22 percent) involved workers
killed in job-related highway crashes, including truck drivers and others
who operate motor vehicles. Deaths from on-the-job falls, railway crashes,
and being caught in running equipment, such as manufacturing and
agricultural machinery, all reached a six-year high in 1997.

The US ranks worst in workplace injuries compared with 15 other
industrialized countries. It has the highest occupational injury rate and
trails 10 other nations with a fatality rate of 5.9 deaths for every
100,000 workers. Great Britain and the Netherlands reported job death rates
of 1.1 for every 100,000 workers.

Norway invests the most money on job safety and health activities--about
$11.36 for every citizen. By contrast, the US spends only about $1 per
citizen on worker safety programs. Only two countries surveyed spend less.
Great Britain reports having more workplace health and safety inspectors
than any of the 15 nations studied--one inspector for every 2,354 workers.
America was second to last with one inspector for every 54,435 workers.

More than 60 percent--281,000 reported cases--of the reported workplace
illnesses in 1997 involved repetitive motion injuries, particularly in the
auto manufacturing, meatpacking, apparel and poultry industries. Tens of
thousands of workers also became ill from exposure to harmful chemicals.

In 1971 the US government enacted the Occupational Safety and Health Act.
Though extremely limited, the law subjected most private employers, for the
first time in US history, to safety inspections and penalties for
violations. Prior to its enactment there was little to compel employers to
even report on job injuries and deaths. According to some estimates over
187,000 lives have been saved and millions of injuries prevented because of
these elemental protections.

The current OSHA law still does not cover 8.1 million state and local
government employees. Although these public employees encounter the same
hazards as private sector workers, in 27 states they are not provided with
protection under OSHA.

>From the time of enactment, however, these regulations were bitterly
opposed by big business. Over the last few years a number of bills have
been introduced in Congress to make compliance with the federal
Occupational Safety and Health Act standards voluntary, limit OSHA
standards, and cut funding for safety training by 90 percent.

The Occupational Safety and Health Administration's current budget is
$336.7 million. This is less in real dollar terms than the 1975 budget,
although the nation's work force has grown by nearly 50 million.

There are only 2,140 federal and state OSHA inspectors responsible for
enforcing the law at more than 7 million workplaces. At its current
staffing and inspection levels, it would take federal OSHA 109 years to
inspect each workplace under its jurisdiction just once.

In many cases even when OSHA inspections occur they are largely ceremonial.
Management is well informed when an inspection is expected, and penalties
are nominal. Serious violations, defined as posing a substantial
probability of death or serious physical harm to workers, carry an average
penalty of only $681. Wyoming has the lowest average penalty for serious
violations at $125, while the highest average is Delaware's at $1,332.

Even when large penalties are imposed for blatant violations, OSHA has
quietly allowed companies to negotiate settlements of considerably lesser
amounts. During the late 1980s, in 24 examples of OSHA "megafines" totaling
$29.3 million, the agency accepted settlements of $9.5 million,
representing an average reduction of 67.5 percent.

After six years of legal challenges, Ford Motor Co. agreed to pay a
$750,000 fine to the federal government in August 1993 and to correct its
record keeping on shop floor injuries and illnesses. The dispute dated back
to 1987, when the OSHA cited several companies, including Ford, Chrysler,
General Motors and Caterpillar, for deliberately concealing eye injuries,
back strains and chemical exposures at its plants.

Michigan, where the Ford Rouge complex is located, is one of 23 states that
carries out its own inspections, rather than using federal inspectors.
Between 1980 and 1998 the number of safety inspections carried out by the
Michigan Occupational and Safety Administration fell by 73 percent, from
21,046 to 5,778. MIOSHA has only 42 inspectors to cover 216,000 workplaces
in the state. Last year 1,273 industrial locations out of 16,800 were
inspected.

In addition to the erosion of health and safety protections, over the last
decade there have been widespread changes in state workers' compensation
programs. These measures, pushed by the employers and the insurance
companies, have reduced companies' payments and medical coverage to injured
workers, restricted a victim's right to recover damages from negligent
employers, and allowed employers to force injured workers back to the job
as soon as possible.

By 1990 state legislators in Michigan boasted that they had cut the average
firm's workers' compensation costs by 26 percent from a decade earlier.
Among the changes they instituted was a return-to-work provision requiring
workers to accept any offer of "reasonable employment" and a stronger
"exclusive remedy provision" that limits an injured worker to recover
workers' compensation benefits alone for work-related injuries or illness.
Other damage claims, including pain and suffering, could only be allowed if
a worker could prove in court that an employer "specifically intended an
injury.'"

Michigan's changes also included a system allowing employers to "shop
around" for the least expensive insurance carrier. By 1994 the state had
fully privatized its workers' compensation system by selling it to private
insurers such as Blue Cross & Blue Shield of Michigan.

Nationally, according to the AFL-CIO, employer premium costs fell by at
least $1 billion between 1996 and 1997, while workers' compensation has
become the most profitable line of insurance in the property/casualty
field. At the same time disability payments for injured workers have
declined in most states and lag far behind pre-injury wages. One recent
study in California said that Permanent Partial Disability Benefits (PPD),
which are supposed to compensate a worker for the economic loss, diminished
wage earning capacity, or impairment resulting from a permanent, but not
totally disabling condition, are just 40 to 50 percent of pre-injury
income.

See Also:
Second victim of Ford Rouge explosion buried
[13 February 1999]
Gas buildup blamed for deadly explosion at Michigan power plant
Second Ford Rouge worker dies
[6 February 1999]



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