Posts Tagged: Bush administration

(Washington, Nov. 14) – – The AFL-CIO and UFCW today welcomed OSHA’s announcement that the agency will finally issue the rule requiring employers to pay for personal protective safety equipment – a measure that will prevent tens of thousands of workplaces injuries every year.

“”It is unfortunate that nine years have passed since the rule was proposed, and that it took a lawsuit by the unions and Congressional intervention before the Bush Administration would act,”” said AFL-CIO President John Sweeney. “”America’s working men and women deserve the proper equipment to keep them safe on the job, each and every day, and we will thoroughly review this rule to make sure it protects them.””

“”Workers have spoken out for this rule and now Congress and the courts have forced the DOL to act. Our members will be watching to see this rule is enforced in every workplace,”” said Joseph Hansen, UFCW International President. “”Workers should no longer be required to dip into their own pocket to keep themselves safe from harm at work.””

Both the litigation and the FY 2008 Labor-HHS funding bill set a deadline of November 30, 2007 for final action by OSHA.

This rule is a basic requirement that codifies OSHA’s long-standing policy that it is the employer’s responsibility to pay the cost of protecting workers from safety and health hazards. The rule makes clear that employers must pay for hard hats, goggles, face shields, chemical resistant suits, and other required safety equipment. It does, however, include some exemptions from the employer payment requirements, most notably for safety shoes and prescription safety glasses that can be worn off the job.

The AFL-CIO and UFCW will be reviewing the rule in detail to determine if it provides workers with the level of protection that is needed and required by law.

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For more information about workplace safety and personal protective equipment, click here.

In response to a lawsuit filed by the AFL-CIO and the United Food and Commercial Workers International Union (UFCW), the Bush Administration has agreed to issue a final rule on employer payment for personal protective equipment (PPE) for employees.  In 1999, the Occupational Safety and Health Administration (OSHA) first proposed a PPE rule that would require employers to pay the costs of protective clothing, lifelines, face shields, gloves and other equipment used by an estimated 20 million workers to protect them from job hazards.

“We applaud the decision to finally issue a final rule on employer payment for their employees’ protective equipment” said AFL-CIO President John Sweeney.  “This rulemaking has taken far too long.  We will be monitoring the Department of Labor’s actions to make sure they honor this commitment and issue a strong, protective rule.”

On January 3, 2007, the AFL-CIO and UFCW filed a lawsuit against the Bush Administration over its failure to finalize the payment for PPE rule.  The court ordered the Bush Administration to respond to the lawsuit by March 19.  On March 14, the Secretary of Labor filed papers with the court committing to issue a final rule in November 2007.

“This is a victory for workers who have suffered needlessly while awaiting action by the Bush Administration,” said Joe Hansen, UFCW International President.  “According to OSHA’s own estimates, 400,000 workers have been injured and 50 have died while the rule has been in limbo.  We expect a strong final rule this November.”

Workers in the meatpacking, poultry and construction industries, and low-wage and immigrant workers are most vulnerable to injury.

The rule was first announced in 1997 and proposed in 1999 by OSHA after a ruling by the Occupational Safety and Health Review Commission that OSHA’s existing PPE standard could not be interpreted to require employers to pay for protective equipment.   The rule proposed in 1999 did not impose any new obligations on employers to provide safety equipment; it simply codified OSHA’s policy that employers, not employees, have the responsibility to pay for it.

In 1999, OSHA promised to issue the final PPE rule in July 2000.  But it missed that deadline and has missed every self-imposed deadline since.  The agency has failed to act in response to a 2003 petition by the AFL-CIO and UFCW and numerous requests by the Hispanic Congressional Caucus.

Washington, D.C. — The segment of the American workforce most likely to suffer injury or death on the job was targeted in a scam operation by the federal Immigration and Customs Enforcement (ICE) agency. ICE officers masqueraded as safety instructors to round up documented and undocumented construction workers in North Carolina with a flier announcing a mandatory Occupational Safety and Health Administration (OSHA) meeting, earlier this month, then arrested 48 undocumented workers who attended the meeting.

“OSHA is responsible for worker safety and health,” said UFCW International President Joe Hansen.  “For ICE to stage a sham OSHA meeting in order to round up and arrest people undermines OSHA’s mission, and is a step backwards for state and federal efforts to reduce worker injuries and deaths. The word being brought back to worksites, after a scam like this, is that OSHA can’t be trusted. That kind of perception diminishes OSHA’s ability to do the critical work of protecting America’s labor force.”

There are more than 10 million foreign-born workers in the US, making up about 15% of the workforce. Immigrant workers have the highest rates of on-the-job injuries and fatalities.  Hispanic workers suffer 69% of all on-the-job injuries/deaths. In the meatpacking industry, more than half of the workers are foreign-born, and in some plants, up to 80% of the workers are immigrants.

“This unscrupulous action has shattered the trust between OSHA and the workers who depend on the agency the most,” said Hansen. “More and more often, it is immigrants who work in the most dangerous industries such as construction or meatpacking.  How can OSHA reach these at-risk workers with safety information now?  To these workers, OSHA no longer means safety, but betrayal. The Bush administration must denounce the kind of trickery that undermines safety.””

Today, we mourn for workers who needlessly lost their lives on the job this year. We also mourn for the loss of workplace protections and safety regulations killed by the anti-worker Bush Administration.

This is an administration that goes out of its way to hurt workers. President Bush’s first major legislative action upon taking office was to sign legislation repealing OSHA’s ergonomics standard. This important worker safeguard, issued in November 2000, was ten years in the making and would have prevented hundreds of thousands of workplace injuries a year.

Today we also honor the workers who have been killed and injured on the job and their families. Last week, a UFCW member—a young worker from Guatemala—was killed working in a poultry plant. Thousands of workers, particularly immigrant workers, risk serious and sometimes fatal injury at work in workplaces such as poultry and meatpacking plants. No worker should be forced to risk their life to put food on the table for America’s families.

The UFCW is encouraged by actions such as those by Senator Edward Kennedy who is working to strengthen worker safety by introducing a bill this week that will expand protections for workers under the Occupational Safety and Health Act. Senator Kennedy’s bill includes a mandate that employers pay for safety gear they require workers to wear. The Bush Administration has so far refused to complete and issue this standard. It will also strengthen penalties against employers who kill or seriously injure workers by willfully violating OSHA standards.

The Bush Administration has joined with business supporters to roll back, block, or stall needed worker protections. This Worker’s Memorial Day, the UFCW reiterates its commitment to electing a President that will put worker need before corporate greed.