Posts Categorized: Corporate Responsibility

WASHINGTON, D.C. – The following is a statement from Jackie Nowell, Director of Occupational Safety and Health at the United Food and Commercial Workers International Union:

A year ago today – June 9, 2009 – it was a warm afternoon in Garner, North Carolina when a powerful explosion leveled the ConAgra Foods plant. A tragic error in judgment while installing a new water heater led an outside contractor to repeatedly release natural gas from a pipe into an enclosed room near the center of the building and an unknown spark set it ablaze.

The resulting explosion and toxic ammonia release killed four people and injured 70 others. It was a preventable tragedy that destroyed lives, livelihoods and a community of friends and neighbors. The United Food and Commercial Workers represented the more than 300 ConAgra workers affected by the blast and saw first-hand the devastation caused by this explosion.

Conflagrations like this one killed and injured workers from Missouri to Michigan, and yet no regulations existed to prevent contractors from purging gas lines into closed spaces. Working with authorities and experts from across the country we set about to change this. Our fight became marked by even greater urgency after five workers were killed in yet another gas purging explosion in Connecticut that February.

Along with the U.S. Chemical Safety Board, who investigated this explosion, we urged the National Fire Protection Association (NFPA) – who provides safety codes for building contractors across the country – to adopt regulations that would prevent contractors from purging explosive gasses into enclosed spaces. But after heavy lobbying from the natural gas and propane industries, the NFPA wilted like old lettuce and failed to stand for the safety of America’s workers.

So here we are, one year later. The plant in Garner rather is scheduled to close, bringing a second round of devastation to the community. We know we can’t bring back these workers, these friends, these family members back to their community and their loved ones. The broken system at the NFPA has failed to learn from these tragedies and has bowed to industry pressure to let these deadly indoor gas purges continue unregulated.

This is frankly unacceptable. As Debra Petteway, a Food and Commercial Workers member who worked in the ConAgra plant and lost her son to the explosion said, “Louis Watson was my son, he was my only son, and now he’s gone. They didn’t have to die, and if someone doesn’t fix this, it’s going to happen again.”

Ms. Petteway is right. The NFPA, who is supposed to protect workers like her son, has shirked their duty.

So one year later, the “experts” charged with protecting America’s workers have failed to learn from this tragedy or from the legions before or after. How much longer will we wait with no regulatory or legislative action for the safety of American workers? The Occupational Safety and Health Administration (OSHA) and our legislators must not wait for these quasi-governmental regulatory bodies to demonstrate their craven kowtowing to industry demands any longer. We need comprehensive legislative or OSHA regulation so that the lessons of those who gave their lives in these explosions are not forgotten and all those that come later are protected from a similar fate.

With rising temperatures and increased consumer demand, grocery stores, supermarkets, pharmacies, and the warehouses that supply them are moving and selling ever-increasing volumes of bottled water. When palletized, these products can pose significant risks to workers in our industry as a recent deadly tragedy illustrates.

In mid-March, a Kroger employee working in the back room of a store in Franklin, Ind. was crushed by falling pallets of water. Five days after the accident, the employee died. The Indiana Occupational Safety and Health Administration (OSHA) investigated the accident and fined Kroger $17,000 for unsafe working conditions. This tragic incident and others like it are preventable – especially if UFCW members and locals take action for safety today.

When you are at work or a worksite, here are some things to look for:

• Don’t transport double stacked pallets beyond the distance necessary to remove them from a truck. Double-stacked pallets are inherently unstable, and when they have liquids (like bottled water) as cargo, they often exceed the safe weight limits for forklifts.
• Avoid double stacking pallets when storing them.
• Carefully monitor the stability of pallets at all times.
• Don’t attempt to straighten pallets that have begun to shift. Unload the pallet instead.
• Maintain a clear safety area around pallets when they are being moved.
• All forklift operators or other powered-equipment operators must be trained and certified. This is an OSHA requirement – check for proper recordkeeping.

Palletized bottled water is especially dangerous because of the high volume moved, the heavy weight involved, and increasingly thin plastic causing cases to be unstable. In addition, the limited amount of floor space in the back of grocery stores often leads to water or other heavy unstable products, being stacked higher than safety permits.

Kroger and UFCW Indiana locals have learned from the tragic accident in Franklin and are actively working to prevent future injuries or deaths. We urge you to do the same before something similar happens in your stores.

Washington, D.C. –  OSHA’s proposed fines of $8.7 million for violations at the Imperial Sugar plant near Savannah, Georgia, where an explosion killed 13 workers in February, and at another plant in Gramercy, Louisiana, magnify the gaps in current OSHA enforcement standards with regard to combustible dust, including a reliance on “general duty” citations and a patchwork of other standards which are limited in scope and do not address such critical considerations as design, maintenance, hazard review and explosion protection.  This action also underscores OSHA’s reluctance to follow the recommendations of the U.S. Chemical Safety Board (CSB) that may have prevented the tragedy in Georgia and other combustible dust explosions.

The fines also expose OSHA’s inability to monitor the actions of big businesses such as Imperial Sugar.  The explosion in Georgia took place on February 7; however, OSHA inspectors found that the company had not taken immediate steps to mitigate another potential disaster when they inspected the plant in Louisiana a month later.

Earlier this year, the UFCW and the Teamsters called on OSHA to issue an emergency standard on combustible dust, and filed a petition with the U.S. Department of Labor demanding that OSHA follow the 2006 recommendations of the CSB, an independent federal agency charged with investigating industrial chemical accidents.

In 2006, the CSB recommended that OSHA issue a rule that would have reduced the possibility of combustible dust explosions.  That year, the CSB conducted a major study of combustible dust hazards, and noted that a quarter of the explosions that occureed between 1980 and 2005 that were identified, occurred at food industry facilities, including sugar refineries.  In only one or two investigations were these incidents caused by mechanical mysteries that were either unforeseen or unpredicted.

Standards and codes have existed for years for OSHA to build upon and eliminate this type of explosion.  In 1987, OSHA issued the Grain Handling Facilities Standard as the result of grain dust explosions in the late 1970s and early 1980s.  This standard has effectively reduced the number and severity of combustible grain dust explosions in the grain handling industry, but stopped short of regulating combustible dust in industries outside of the grain industry.

The UFCW applauds the U.S. House of Representatives for passing legislation to force OSHA to set a combustible dust standard, and urges President Bush to reconsider his veto threat.  OSHA must act now and follow the recommendations of the CSB before more workers are killed or horribly injured.

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The United Food and Commercial Workers International Union (UFCW) represents more than 1.3 million workers, primarily in the retail and meatpacking, food processing and poultry industries. The UFCW protects the rights of workers and strengthens America’s middle class by fighting for health care reform, immigration reform, living wages, retirement security, safe working conditions and the right to unionize so that working men and women and their families can realize the American Dream. For more information about the UFCW’s effort to protect workers’ rights and strengthen America’s middle class, visit www.ufcw.org.

Cedar Rapids, Iowa– The United States’ leading kosher meatpacking company will appear in federal court today challenging a class action lawsuit filed against the company on behalf of its workers.

The lawsuit alleges that Agriprocessors, a kosher slaughterhouse in Postville, Iowa,
has not compensated workers for the time they spend preparing for work at the beginning of the day and cleaning up at the end of it. Such compensation has recently been upheld by the Supreme Court.  Agriprocessors is trying to limit worker participation in its attempt to avoid its obligations under Iowa state law which provides that all employees are automatically plaintiffs in the lawsuit unless they sign a form indicating otherwise.  Agriprocessors is arguing that only federal law applies, which requires employees to sign a form requesting participation in the class action suit.

Working conditions and food safety at the AgriProcessors slaughterhouse have been under scrutiny in the past year.  In May of this year, over 200 workers stood up for their rights and walked out of the plant in protest of the company’s misconduct.

Agriprocessors, one of the nation’s largest kosher meat producers, runs a beef, lamb and poultry processing plant in Postville, Iowa. Agriprocessors produces products under the following brand names: Aaron’s Best, Aaron’s Choice, European Glatt, Iowa Best Beef, Nevel, Shor Harbor , Rubashkin’s, Supreme Kosher, and David’s.

“Essentially the company is trying to undercut the voices of hundreds of workers by delaying the lawsuit and trying to limit their right to recover unpaid wages through overwhelming them with more paperwork and red tape,” says Attorney Brian McCafferty.  McCafferty will be representing the workers today in Cedar Rapids, Iowa federal court.

For more information go to www.eyeonagriprocessors.com.

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