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Jan. 11, 2013 by Ben Somberg

CPR Report: Rise in Contract Labor Brings New Worker Safety Threats, Demands New Government Policies in Several Dangerous Industries

Just how accountable is an employer to an employee if the employee is only working for one day?

In areas from construction to farm work, warehouse labor to hotel housekeeping, contingent work is growing or already common. Rather than hire permanent, full-time employees directly, many employers hire workers indirectly through 3rd party agencies, or on contracts as short as a day. Too often, workers in these fields see little job security, low wages, minimal opportunities for advancement, and, all too often, hazardous working conditions. Contingent workers are disproportionately racial minorities and often come from vulnerable socio-economic backgrounds.

A new CPR report released today, At the Company’s Mercy: Protecting Contingent Workers from Unsafe Working Conditions, looks at the hazards in these four work areas and the unique safety challenges that arise from contract-based work.

The report argues that safety dangers are magnified because contingent workers don't always get the training they need, and high injury rates are acceptable to many employers since the employees are non-permanent, effectively expendable. Employers who hire workers on a contingent basis do not directly pay for workers’ compensation and health insurance, and are therefore likely to be insulated from the insurance premium rate …

Dec. 17, 2012 by Thomas McGarity
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This post was written by Member Scholar Thomas O. McGarity and Senior Policy Analyst Matt Shudtz.

The Mercatus Center has recently published a report on OSHA that simply rehashes the same old discredited arguments that industry apologists in academia and think tanks have been making for thirty years.  Not surprisingly, they reach the conclusion that voluntary compliance programs and worker education efforts are better uses of OSHA’s limited resources than rulemaking and enforcement.

The report contains no original research, and (with one exception) it relies exclusively on studies finding little or no correlation between OSHA activity and reductions in worker injures. At the same time, the report ignores much of the evidence tending to show OSHA regulations and enforcement are effective.  The simple (and frustrating) fact of the matter is that it is almost impossible to design a study using available occupational injury statistics to measure …

Dec. 7, 2012 by Elizabeth Grossman
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Cross-posted from The Pump Handle.

The good news is that in 2011 there were 53 fewer reported refinery accidents in Louisiana than there were in 2010. The bad news is that the 301 refinery accidents reported to the state in 2011 released nearly 50,000 pounds more air pollutants and nearly 1 million gallons more contaminants to soil and water than did the 354 accidents reported in 2010 – this according to a new report released Monday by the Louisiana Bucket Brigade and United Steelworkers. “Our aim is to collaborate with the refineries to solve the problem. Unfortunately that day hasn’t come yet,” said Louisiana Bucket Brigade founding director Anne Rolfes on a call with reporters. “Refinery managers continue to act as if they don’t have an accident problem. Until they face the facts, the oil industry, our economy, our environment and our health will suffer …

Nov. 15, 2012 by Matt Shudtz
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In January, USDA issued a proposed rule that would allow poultry slaughter facilities to increase the speed of their slaughter and evisceration lines as part of an effort to “modernize” the slaughtering process.  Today, I attended a meeting of the National Advisory Committee on Occupational Safety and Health (NACOSH) and asked for the committee’s help in stopping the rule, given its threats to workers’ health and safety.

The gist of the rule is that it would remove most USDA inspectors from the slaughter lines and shift their inspection responsibilities to company employees.  Because these changes would require costly alterations to the lines and potentially increase companies’ food safety liabilities, USDA had to sweeten the pot to entice companies to take advantage of the new system.  So, USDA proposed allowing companies to increase line speeds from an already astounding 90 birds per minute to a dizzying 175 …

Oct. 7, 2012 by Rena Steinzor
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President Obama travels to Keene, California, on Monday to designate the home of César E. Chávez as a national monument—a worthy honor for a key figure in the ongoing push for safe working conditions and fair pay. One thing the President is unlikely to raise in his remarks is that just a few months ago, his administration took the side of big agriculture against the safety of farmworkers.

In April, White House staff jettisoned a key Department of Labor (DOL) proposal establishing safety protections for young agricultural workers – teenagers working in very dangerous jobs.

That’s rather important context going into Monday’s event.  The White House’s press release rightly notes that “Chávez played a central role in achieving basic worker protections for hundreds of thousands of farmworkers across the country, from provisions ensuring drinking water was provided to workers in the fields, to steps …

July 19, 2012 by Thomas McGarity
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The Occupational Safety and Health Act of 1970 is one of the surviving monuments of the era of progressive social legislation (extending from the mid-1960s through the mid-1970s) during which Congress enacted the nation’s foundational health, safety and environmental laws. That statute empowered the Occupational Safety and Health Administration (OSHA) to write safety and health standards designed “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions.” A separate “general duty clause” required every employer to provide a workplace that was “free from recognized hazards” that were likely to cause “death or serious physical harm.”

During the ensuing four decades, OSHA’s efforts to implement that statute have brought about substantial reductions in workplace injuries and illnesses, but far too many workers are still hurt or killed.

According to the Bureau of Labor Statistics, U.S. private …

May 9, 2012 by Ben Somberg
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When the Administration withdrew a rule last month prohibiting young agricultural workers from performing some particularly dangerous tasks, the Department of Labor’s statement didnt't just say it was tabling the proposal, or reconsidering it, or even starting over from scratch. It went an extra step, adding: “To be clear, this regulation will not be pursued for the duration of the Obama administration.”

Given that farm accidents are a very real concern, it's hard to read such an unusually vocal commitment to inaction as anything other than a political gesture. Indeed, the Administration won plaudits from big ag and its supporters. But if the White House actually thought that throwing young agricultural workers under the bus would truly satisfy  the appetite of the opposition – and change the politics of the issue – it was wrong.

Here was Janet Fisher, West Virginia’s Deputy Agriculture Commissioner, speaking …

May 8, 2012 by Rena Steinzor
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Electoral politics or public policy? Policy or politics? One ripe example of how the White House rides herd on health and safety agencies, thinking about politics, not policy to determine what they should do, is provided by the latest poster child for curbing allegedly “excessive rules”: a U.S. Department of Agriculture proposal to take federal inspectors off the lines at poultry processing plants and substitute inspections by workers who would simultaneously cope with a speed-up on the line from 90 to 175 birds/minute.

According to White House regulatory czar Cass Sunstein, regulatory decisions made in the name of the President are based on an objective consideration of the merits of health and safety rules, and he has the paperwork to prove it. Executive Order 12,866, Executive Order 13563, Circular A-4, and a wad of memoranda intone just what kinds of detailed analyses agencies are …

April 27, 2012 by Rena Steinzor
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Yesterday evening, when press coverage had ebbed for the day, the Department of Labor issued a short, four-paragraph press release announcing it was withdrawing a rule on child labor on farms. The withdrawal came after energetic attacks by the American Farm Bureau, Republicans in Congress, Sarah Palin, and—shockingly—Al Franken (D-MN).

Last year, Secretary of Labor Hilda Solis said: "Children employed in agriculture are some of the most vulnerable workers in America.” “Ensuring their welfare is a priority of the department, and this proposal is another element of our comprehensive approach."

The Administration pledged to protect young workers in dangerous jobs, and now they’ve thrown that pledge out the window.

Yesterday, the Administration said this:

“The Obama administration is firmly committed to promoting family farmers and respecting the rural way of life, especially the role that parents and other family members play in passing those …

April 19, 2012 by Thomas McGarity
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The Government Accountability Office (GAO) released a report today detailing the challenges that the Occupational Safety and Health Administration (OSHA) faces in writing regulations to protect America’s workers from unsafe and unhealthful workplaces.  The report was released at a hearing of the Senate Health, Education, Labor and Pensions Committee, chaired by Senator Tom Harkin (D-Iowa), on “Delays in OSHA’s Standard-Setting Process and the Impact on Worker Safety.”  Both the GAO report and testimony presented at the hearing tell a depressing tale of an agency that, after 30 years of constant attacks from the business community, conservative think tanks, and reactionary members of Congress, has very nearly folded its rulemaking tent.

The GAO found that between 1981 and 2010, the time that it took for the agency to develop and promulgate occupational safety and health standards ranged from 15 months (for an easily promulgated safety standard …

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