Archive for February, 2010

Thoughts from a USW-Tony Mazzocchi Center (TMC) Train the Trainer Program

Thursday, February 25th, 2010

This week, the USW-TMC is holding a five-day train the trainer program for fourteen USW local union trainers to expand their skills to instruct the USW-TMC union approach to effective health & safety committees. 

In some workplaces, our local unions and employers work very closely to address and resolve workplace hazards.  In other workplaces, our local unions have little or no working relationship with their employers to address and resolve workplace hazards.  Either of these scenarios need an effective union safety and health committee in place to properly represent our members. 

In workplaces with a joint labor management health and safety program that is working well, the union members of the joint committee need the tools to work closely with their management counterparts.  However, they also need the tools to work even more closely with our members and their co-workers involved with the joint process.  If the union side of the joint committee does not have an effective health & safety committee to exercise these skills, the process will bog down and likely not address those issues and concerns that are most pressing to the members they represent. 

In workplaces with no joint committee in place, the union needs to ensure that they have a union health and safety committee in place to hear about and address the concerns from our members. 

The effective safety committee training addresses a variety of issues;

  • Workplace Injuries, Illnesses and Hazards – What are they, why do they happen?
  • Goals for Workplace Health and Safety Programs
  • Overview and Elements of Comprehensive Worksite Health and Safety Programs
  • Identifying Workplace Injuries, Illnesses and Hazards
  • Sources of Health and Safety Information
  • Designing and Conducting Health and Safety Surveys
  • Rules and Regulations
  • Evaluating the Effectiveness of Worksite Health and Safety Committees and Increasing their Effectiveness
  • Communications Mapping
  • Developing a Strategic Plan for Improving Workplace Health and Safety

This train the trainer program provides the tools for our local union trainers to present these materials to groups of workers at their workplaces as well as across the union. 

For more information about how this or other TMC training can be presented to your local union or at your workplace, please contact us at safety@usw.org.

Submitted by Steve Sallman, HSE Staff, and Nancy Lessin, TMC Staff.

Systems of Safety Hazard Mapping Project- A Map to Success

Tuesday, February 23rd, 2010

 

Recently Worker-Trainers from the Tony Mazzocchi Center trained 95 employees (both management and Union) from Theta-Pro2Serve Management Company (TPMC) at the former Uranium, Enrichment Plant in Piketon, Ohio in Systems of Safety Hazard Mapping.

                

In Hazard Mapping, workers make valuable contributions to health and safety based on their collective skills, experience, and know-how. A Hazard Map is a visual representation of the workplace where there are hazards that could cause injuries or illness. The Hazard Mapping process can be used to identify risks in an entire area, building, job classification, or process. For example these maps might target physical hazards, frequency of exposure, level of exposure, a specific chemical or agent, or workers most likely to be exposed. These hazards are assigned a category color code and a level of hazard from 1 (low hazard) to 4 (very high hazard).

 

In the classrooms 18 maps were created detailing hazards at a loading dock, HVAC room, office areas, and even behind a liquor store in Piketon. Many hazards have not only been identified and mapped out but many hazards have been eliminated that may not have been had it not been for the Systems of Safety Hazard Mapping Process. Hazards already eliminated include: trip hazards, machine guarding hazards, chemical storage hazards, unsecured shelving, a lack of GFCI on electrical outlets hazard, housekeeping, improperly stored combustibles, improper tools, and ergonomic hazards. 

 

Currently the Hazard Mapping process is being evaluated for ways of incorporating as a tool into the formal hazard review process, however one department has already taken the ball and ran with it. The Records Management and Document Control Dept. has created hazard maps of their work areas and have displayed their maps at the entrances for others entering to be aware of hazards that may exist.

 

If you are looking for ways to improve Health and Safety at your workplace I highly recommend the Tony Mazzocchi Center’s 8 Hour Systems of Safety Hazard Mapping Project training. It’s a simple process to identify, alert, fix, track, and trend hazards in the workplace.  For us, it has been a great success story.

 

Submitted by Mike Horton, Local 1-689.

DOL Updates Employment Law Guide

Monday, February 22nd, 2010

Read the updated version of DOL’s Law Guide online at www.dol.gov/compliance/guide/index.htm .  The guide gives information on worker’s rights under federal law and is divided into categories to simplify finding the information you need.  Topics are explained and links to other Federal Agencies that may impact them are also provided.  They include:

 

  1. Wages and Hours Worked
  2. Safety and Health
  3. Health Benefits, Retirement Standards, and Workers’ Comp.
  4. Other Workplace Standards

Industry Cries, “Too Costly To Protect Against Combustible Dust”

Friday, February 19th, 2010

In Atlanta, the Occupational Safety and Health Administration (OSHA)  met last Wednesday with industry volunteers at a roundtable discussion about combustible dusts.  This is in response to the Imperial Sugar explosion near Savannah that resulted in 14 deaths in 2008.

 Industry’s concerns were mostly with the bottom line. 

 ”Representatives from a variety of industries told federal safety officials today that regulating the danger of combustible dust can be complicated and expensive for business.” the Augusta Chronicle.

 “There is, at some point, the need for an economic analysis about whether the risk warrants all of this expensive suppression equipment,” Howard Mavity, of the law firm Fisher & Phillips, as quoted in the Savannah Morning News.

 OSHA needs to protect workers with a standard

 OSHA has no targeted combustible dust standard at the moment but has been able to cite companies in the past under general safety. 

 How big is the problem?  Millions of workers are employed in industries with deadly combustible hazards that could explode and kill or seriously injure them, the Teamsters and the Steelworkers said today.  Click here to read the news release.

 ”We need OSHA to take a strong stand on the issue of combustible dust because our members and other workers will suffer the consequences of a lack of action,” Steve Sallman, a representative for the Steelworkers Union.

  Remembering the victims of Imperial Sugar for whom time ran out; powerful slide show at http://savannahnow.com/news/explosion

Terry Davidek – A Profile of a Labor Safety Activist

Wednesday, February 17th, 2010

 

Terry Davidek

Terry Davidek

“Everybody has the right to go home the same way they came to work,” says Terry Davidek, the Hourly USW Company – Health, Safety and Environment Coordinator for ATI Allegheny Ludlum.

 
That belief is one of the reasons that Davidek has devoted the majority of his 36-year career to improving worker health and safety.

 
Davidek got his start in 1973 as a carpenter at the Allegheny Ludlum facility in Brackenridge, Pa. and says he has seen a lot of change in health and safety since then.

 
“It happened slowly, but … there has been quite a transformation in safety over the last 30 years,” he says. “I remember the days when at least two union members were hurt each day at my plant; now it is only about one every three weeks.”

 
After 15 years as a carpenter, Davidek took an active role in that transformation when he became the first full-time hourly safety coordinator at the Brackenridge plant and within Allegheny Ludlum.

 
“In the early days, there were a lot of injuries. I spent a lot of time in hospitals with members’ families, and didn’t even know if the person was going to live or die,” Davidek says. “Many of those injuries were preventable; it’s really hard to explain to families that it could have been prevented if hazards had been corrected.

 
“I made a commitment to myself and the union to do whatever I can to never have to do that again,” he says.

 
As a health, safety and environment coordinator, Davidek was authorized by the Occupational Safety and Health Administration as an OSHA outreach training instructor and USW worker trainer on effective health and safety committees. Davidek has also served on the health, safety and environment committee and as an officer of United Steelworkers Local 1196, for more than 20 years.

 
After seven years as a full-time hourly safety coordinator, Davidek was appointed as the Hourly USW Company – Health, Safety and Environment Coordinator by USW International Vice President, Tom Conway, who also serves as chairperson of the USW negotiating committee at Allegheny Ludlum. The USW has negotiated hourly corporate safety coordinators in several master contracts across the Union. These positions provide the USW added resources to address worker health and safety in the covered workplaces.

 
 Reporting to both the International Union and Allegheny Ludlum, Davidek oversees hourly safety coordinators at 13 Allegheny Ludlum locations, including the Brackenridge Works.

 
“Basically, I help the other coordinators,” Davidek says. “I like to pick the best practices at some of the plants and try to implement them at the plants that aren’t doing as well.”
These days, Davidek doesn’t get to spend as much time in the classroom with USW members, but he says his favorite program is still the OSHA outreach training. The 10- or 30-hour class is designed to teach workers to identify hazards, about their rights and responsibilities under OSHA, and standards and regulations.

 
“It’s the most satisfactory training I’ve ever known,” Davidek says. “It teaches (workers) the OSHA regulations, so along with having a safety committee, everybody learns how to read the OSHA regulations and helps to keep the company in compliance.”

 
Workers take health and safety very seriously, Davidek says. But one of the biggest challenges that safety activists face is to engage workers in training programs, so they can identify hazards.

 
“Many times employees learn to work around hazards because the unsafe conditions existed before he or she first came to that job,” he says. “Our job today is to make sure our members know that both the company and the Union want them to point out hazards, and we will correct them.”

 
On Feb. 5, 2005, Brother John Novick, 50, was killed in a railroad accident at the Brackenridge plant. OSHA issued a $70,000 fine and the company has corrected the hazards that led to Novick’s death. But Davidek says the tragic accident and others like it are constant reminders that hazards must be eliminated or controlled to prevent injuries and death.

“We must always remember,” Davidek says. “Those OSHA regulations are written in peoples’ blood.”

Submitted by Jenny Wagner, TMC blogger.

OSHA Enforcement: OSHA Complaints – When and How to Use Them

Tuesday, February 16th, 2010

Part 1 of a series of posts on the OSHA enforcement process for USW health and safety activists

The Occupational Health and Safety Act of 1970 remains one of the landmark laws for rights of workers in their workplace.  The Act created the Occupational Safety and Health Administration (OSHA) and provides the legal framework for OSHA to do their work. 

The USW believes that almost all workplace health and safety hazards and/or violations of the OSHA standards and regulations are addressed by our members, their union representatives and their employers.  This is exactly why we establish union and joint labor management health and safety committees and strive to include contract language in the collective bargaining agreement on health and safety.  However, sometimes additional help is needed to address workplace hazards or to convince an employer to follow the legal requirements from OSHA. 

The USW tells our members and health and safety activists that every worker has a right, guaranteed by the Act to file a complaint with OSHA.  In fact, anyone who knows about a hazard can submit the complaint.  The local union also has the same right.  However, we suggest that, in practice, the OSHA complaint should generally be a last resort.  The OSHA complaint is a valuable tool, but the local union hopefully has established a working relationship with their employer to address health and safety issues.  This is why, we believe, almost all of the issues in USW-represented workplaces are addressed without OSHA intervention.

Sometimes an OSHA complaint is necessary.  When it is necessary, workers or the local union should not hesitate to file the complaint.

 
How do I file and OSHA complaint?

There are different types of OSHA complaints.  The two that are most prevalent in USW represented workplaces are informal complaints and formal complaints.

Informal complaints are usually made when a worker or union representative calls OSHA and explains about a hazard or OSHA rule violation.  OSHA will respond to an informal complaint, but often does so by calling the employer and asking them to address the problem and send OSHA proof that the hazard either doesn’t exist or that it has been addressed (usually by providing photos).  This is sometimes referred to as the phone and fax process.

If there is an emergency or situation that is immediately life-threatening, workers or a local union should call OSHA at 1-800-321-OSHA. 

Formal complaints are usually made in writing.  Workers can use a standard form from OSHA, or can be written in a letter from a worker or the local union.  The person submitting the complaint may ask to remain anonymous.  However, the USW suggests that union representatives allow OSHA to include their name on the complaint because if the employer retaliates against them for filing the complaint, the employer is breaking the law.  If the employer breaks this law, it is much easier to substantiate the violation.  OSHA will respond to the formal complaint, usually within a few days, by starting an investigation at the workplace. 

 
What information should I include in a complaint?

The complaint should provide information about the health and safety hazard or OSHA rule violation and include as much of the following as possible:

  • How many employees work at the site and how many are exposed to the hazard?
  • How and when are workers exposed? 
  • What work is performed in the unsafe or unhealthful area? 
  • What type of equipment is used? Is it in good condition?   
  • What materials and/or chemicals are used? 
  • Have employees been informed or trained regarding hazardous conditions?
  • What process and/or operation is involved?
  • What kinds of work are done nearby? 
  • How often and for how long do employees work at the task that leads to their exposure? 
  • How long (to your knowledge) has the condition existed? 
  • Have any attempts been made to correct the problem? 
  • How many shifts work in the area and what times do they start? On what shifts does the hazard exist?
  • What personal protective equipment is required by the employer? Is the equipment used by the employees? 
  • Has anyone been injured or made ill as a result of this problem? 
  • Have there been any “near-miss” incidents?

 

Does OSHA consider a worker injury as a complaint or do they come to my workplace if someone is hurt?

Generally OSHA is not required to investigate following injuries (unless a complaint is filed).  There are two exceptions to this.  First, when a fatality occurs at a workplace the employer is required to notify OSHA and they will initiate an investigation.  Also, OSHA will investigate when a catastrophic incident occurs that results in the hospitalization of three or more workers.  Then the employer is also required to notify OSHA within eight-hours. 

 
How do I get more help?

Your local union representatives are the best starting place for help when you have a health and safety concern in your workplace.  The USW offers training through its Tony Mazzocchi Center on an ongoing basis to health and safety committee members and local union representatives. 

The USW district also provides support and assistance to your local union.  This support starts with the district staff representative who provides ongoing service to your local union and extends to the district health and safety coordinator and the district director. (The USW health and safety iPhone app provides district contact information.) 

The USW health, safety and environment department also provides support to your local union.  The USW health, safety and environment department staff spend the majority of their time working directly with local union health and safety activists to resolve problems.  The USW health, safety and environment department can be contacted at safety@usw.org or at 412-562-2581.  The department will try to answer any question from a member or local union and will also work with you and your district, staff representative and local union to address the issue.

Submitted by James Frederick, TMC

Is Middletown Mayor speaking for OSHA?

Tuesday, February 16th, 2010

Officials from state and federal agencies have begun investigating the cause of the deadly explosion at the Kleen Energy plant in Middletown, CT that took the lives of Peter Chetulis, Ronald J. Crabb, 42, Raymond Dobratz, 58, Chris Walters, 42, and Roy Rushton.  In “Investigators to Sift Power Plant Rubble for Evidence of Criminal Negligence,” the New York Times is reporting that Middletown Mayor Sebastian N. Giuliano said investigators from the US Chemical Safety Board are not welcome on the site.

“Mr. Giuliano…said the board’s investigators had no role to play at the moment. ‘They’d be in the way,’ he said at a news conference, adding that two other federal agencies — the Occupational Safety and Health Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives — ‘don’t want them up there.’”

It sounded strange to me that OSHA would object to the CSB’s presence, and I wondered if Mayor Guiliano was putting words in OSHA’s mouth.   The CSB announced on Sunday it was deploying a 7-person team to Middletown, and seasoned investigator Don Holmstrom would lead their effort.

Mayor Guiliano’s words nagged me—”don’t want them up there….don’t want them up there.”   I decided to check with US Dept of Labor spokesperson Ted Fitzgerald in Boston, whose name appeared on a condolence statement issued by Secretary Solis in response to the disaster.   Ted Fitzgerald said that OSHA works cooperatively with other investigative agencies, and the

“Middletown investigation is no exception.” 

 As I suspected: Mayor Giuliano was freelancing, and speaking unauthorized for another government agency.   I can’t figure out his motivation.  Do you know?  Maybe he was speaking for the ATF (which is known to invoke “primacy” at explosion scenes) and threw in OSHA erroneously.  Regardless, I’m wary of politicians who insert themselves as spokespeople for the official investigators.

As far as OSHA and the CSB are concerned, I can imagine a scenario in which the two agencies actually work hand-in-hand during this investigation, such as conducting joint interviews, sharing data and pooling their talent.  With both agencies thinly-stretched resources that would make good sense.

 

Reprinted with permission

OSHA Proposes to Change Recordkeeping Requirements – A Step in the Right Direction!

Monday, February 15th, 2010

On January 28th the Occupational Safety and Health Administration (OSHA) announced a proposed change to its recordkeeping requirements to add work-related musculoskeletal or ergonomic hazard related injuries to the OSHA 300 log.  The USW supports this proposed change that would require employers to check a box on the form when the recorded injury is related to an ergonomic hazard.  This doesn’t seem to be such a difficult requirement.  This column was included on the OSHA 300 log when it was proposed in 2001, but was deleted in 2003 by the Bush Administration before the new OSHA 300 log went into effect.

The USW has supported OSHA’s efforts to regulate ergonomic hazards. In 2000, the union stated the following in our comments on the proposed OSHA ergonomic standard and we contend that this continues to be accurate:
 
Workers have always had concerns with ergonomic hazards.  We find ergonomic hazards in virtually every workplace in which our members work.  Ergonomic hazards and the resulting injuries pose a significant threat to our members… With more than 620,000 serious injuries annually and one-third of all lost-workday injuries and illnesses, ergonomic hazards are the largest health and safety concern that workers face.

We know that ergonomic hazards are very prevalent. 

We know that these hazards are causing injuries and illnesses to USW members and workers in virtually every workplace. 

We know that workers aren’t hurt when these hazards are properly controlled. 

We know that ergonomic hazards are best controlled when union health & safety activists are involved with the process. 

And, we know that in order for union health & safety activists and employer safety management to properly address these hazards, they first need to be identified.  One important way to identify these hazards is to make sure they are properly counted and documented on the OSHA 300 log.  This provides a workplace map to ergonomic hazards. 

Despite the importance, ergonomic related injuries are often not recorded as such by employers on the OSHA logs.  This has become more of a problem since the ergonomic hazard related injury column was removed. 

 

Of course there are many factors that keep workers from reporting work-related injuries and illnesses and many reasons that employers do not properly record those that are reported.  Stay tuned to the TMC blog for more on this issue, but if you are interested in the extent of this problem check out the November 2009 GAO Report on the accuracy of workplace injury and illness data and the US House of Representatives Committee on Education and Labor June 2008 report titled “Hidden Tragedy: Underreporting of Workplace Injuries and Illnesses”.

 

In the meantime it will be a bumpy ride because we know that many employers, most industry groups and almost every elected Republican in Washington will vehemently oppose OSHA’s proposal to have employers check a box when an ergonomic hazard has  injured one of their employees (see Business Gears Up to Battle New Obama Workplace Safety Rule).  If we are going to have a knock down, drag out battle over a check mark on the OSHA log to properly identify the most prevalent workplace injury, then I can hardly wait to see the Industry response to potential proposals from OSHA for safety and health program requirements.

“The Most Dangerous Woman in America” now has her own virtual museum.

Friday, February 12th, 2010

“I asked a man in prison once how he happened to be there, and he said he had stolen a loaf of bread.  I told him if he had stolen a railroad, he’d be a U.S. Senator.” Mother Jones.

Mother Jones

Mother Jones

 

Mary Harris Jones, a self-proclaimed “hell raiser“,  (known to the labor movement as simply “Mother Jones”) worked to organize workers all over the eastern United States.  Arrested often but never bowed, she continued to fight for worker rights and child labor laws until her death on November 30, 1930.  Her famous words, “Pray for the dead and fight like hell for the living”, still echo throughout the US labor movement some 80 years later.

A new virtual museum of her life (http://motherjonesmuseum.org) is still being built but already offers a wonderful insight into this most infamous of labor organizers.  Included are free downloads of her autobiography and several newspaper articles of her day covering her speeches, trials and tribulations.  Also, available for a $10 purchase is a 24 minute DVD documentary of her life which includes live footage just before her death at age 100 of  Mother proclaiming she “longs for the day when labor will have the destination of the nation in her own hands.”

Mother Jones lies in the Union Miners Cemetery in Mount Olive, Illinois alongside miners who died in the Virden Riot of 1898.  These miners and others like them were “her boys”.

BNA Reports: House Passes Bill to Strengthen Security Of Chemical Facilities, Water

Friday, February 12th, 2010

The House of Representatives passed legislation Nov. 6 that would expand the Department of Homeland Security’s authority to regulate chemical facilities and add security coverage for drinking water and wastewater treatment plants under the Environmental Protection Agency’s authority.  Get the full story here on the CWA Safety & Health Web Page.