Posts Tagged: OSHA

Washington DC—The UFCW applauds Congressional efforts to force the Occupational Safety and Health Administration (OSHA) to regulate Diacetyl—a dangerous chemical that has killed at least three workers and injured hundreds of others. Today, U.S. Rep. Lynn Woolsey (D-CA) introduced H.R. 2693, a bill which would compel OSHA to issue a standard regulating worker exposure to this deadly chemical.

Diacetyl is a chemical used to impart the flavor of butter in popcorn, pastries, frozen foods, and candy. Each day that they report to work, tens of thousands of food processing workers are exposed to Diacetyl—a dangerous chemical that has been connected to a potentially fatal lung disease. There have been dozens of cases of what has become known as “popcorn workers lung,” or bronchiolitis obliterans—a severe, disabling, and often-fatal lung disease experienced by food industry workers across the nation.

Despite compelling evidence that Diacetyl presents a grave danger and significant risk of life threatening illness to employees exposed to the chemical, there are currently no OSHA standards requiring exposures to be controlled.

Last year, The UFCW, together with the International Brotherhood of Teamsters, petitioned the Department of Labor (DOL) to issue an Emergency Temporary Standard to stop the continued risk of Diacetyl exposure to workers. Forty-two of the nation’s leading occupational safety scientists signed on to an accompanying letter agreeing that there is more than enough evidence for OSHA to regulate this dangerous chemical. Still, OSHA did not act.

“OSHA has been sitting on evidence that there is a direct correlation between Diacetyl and popcorn workers lung for years. By not regulating this dangerous chemical, OSHA has neglected its responsibility to food workers,” said Jackie Nowell, UFCW Safety & Health Director. “The idea that it would take an act of Congress to get OSHA to do its job and protect workers is appalling.”

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, DC—The United Food and Commercial Workers (UFCW) applauds and supports the ‘‘Protective Equipment for America’s Workers Act,’’ introduced today in the U.S. House of Representatives.  The Act, also known as H.R. Bill 1327, sponsored by Congresswoman Lucille Roybal-Allard (D-CA) and co-sponsored by Congressman George Miller (D-CA), seeks to require the Occupational Safety and Health Administration (OSHA) to complete its rulemaking on Employer Payment for Personal Protective Equipment (PPE) for workers.  This Occupational Safety and Health Administration (OSHA) rule 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.

For nearly eight years, OSHA has failed to issue a standard requiring employers to pay for PPE.   The rule was first announced in 1997 and proposed in 1999 by the Occupational Safety and Health Administration (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.  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.

By OSHA’s own estimates, 400,000 workers have been injured and 50 have died due to the absence of this rule.   The labor groups say that workers in some of America’s most dangerous industries, such as meatpacking, poultry and construction, and low-wage and immigrant workers who suffer high injury rates, are vulnerable to being forced by their employers to pay for their own safety gear because of OSHA’s failure to finish the PPE rule.

“”Nothing is standing in the way of OSHA issuing a final PPE rule to protect worker safety and health except the will to do so.   It is long overdue that the agency takes action on protective equipment.  The time has come to force OSHA to act,”” said Joseph Hansen, UFCW International President.

A United States Court of Appeals ordered the Department of Labor (DOL) to respond in 30 days to a suit requesting the court to order OSHA to implement a long-delayed standard 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.

The United Food and Commercial Workers (UFCW) and the AFL-CIO sued the DOL January 3 over an eight-year delay in implementing an Occupational Safety and Health Administration (OSHA) rule requiring employers to pay for personal protective equipment (PPE).

The lawsuit asserts that the Bush Administration’s failure to act is putting workers in danger.  By OSHA’s own estimates, 400,000 workers have been injured and 50 have died due to the absence of this rule.  The labor groups noted that workers in some of America’s most dangerous industries, such as meatpacking, poultry and construction, and low-wage and immigrant workers who suffer high injury rates, are vulnerable to being forced by their employers to pay for their own safety gear because of OSHA’s failure to finish the PPE rule.

The rule was first announced in 1997 and proposed in 1999 by the Occupational Safety and Health Administration (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 new rule would not impose any new obligations on employers to provide safety equipment; it simply codifies OSHA’s longstanding 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 failed to act in response to a 2003 petition by the AFL-CIO and UFCW and  requests by the Hispanic Congressional Caucus.  The lawsuit seeking to end this eight-year delay, called it “egregious.”

The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, asked the court to issue an order directing the Secretary of Labor to complete the PPE rule within 60 days of the court’s order.

Unions, Supported by Scientific Community,
Petition California Occupational Safety and Health Standards Board for Emergency Temporary Standard for the Chemical

(Buena Park, California) – On August 23, 2006 the United Food and Commercial Workers’ Union, Western States Council and the California Labor Federation petitioned the California Occupational Safety and Health Standards Board to immediately issue an Emergency Temporary Standard for diacetyl, a deadly chemical used in flavorings. This follows action taken on July 26, 2006, when two affiliate unions of the Change to Win federation – the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters -petitioned the Department of Labor (DOL) for an Emergency Temporary Standard for diacetyl under Occupational Safety and Health Act.

Diacetyl is a hazardous chemical that has been connected to a potentially fatal lung disease that has been experienced by food industry workers across the nation. There have been dozens of cases of what has become known as “”popcorn workers lung,”” or bronchiolitis obliterans-a severe, disabling, and often-fatal lung disease experienced by factory workers who produce or handle diacetyl. Several food industry employees in California have developed devastating lung problems after being exposed to diacetyl in the workplace. There are currently no OSHA standards requiring exposures to diacetyl and flavorings be controlled.

According to the Division of Occupational Safety and Health, there are 16 – 20 plants producing flavorings in the state of California. And thousands of food processing workers are involved in the production of popcorn, pastries, frozen foods, candies and even dog food that use these chemicals.

The petition was accompanied by a letter from forty-two of the nation’s leading occupational safety scientists, including a former OSHA director, five former top officials from OSHA, the Environmental Protection Agency, and the Department of Health and Human Services, who all agree that there is more than enough evidence for OSHA to regulate.

The UFCW and the California Labor Federation are petitioning the Standards Board to require employers to control airborne exposure to diacetyl and ensure that all employees who are exposed to a certain airborne level of the chemical are provided with air purifying respirators. The safety of these workers would be additionally monitored through medical surveillance and regular consultations.

The petition also demands that Cal/OSHA immediately issue a bulletin to all employers and employees potentially exposed to diacetyl outlining the dangers of the chemical. Cal/OSHA is being asked to conduct inspections and begin rule-making proceedings to establish a permanent standard that will put an end to this tragic epidemic and protect workers from exposure to all flavorings.

(Washington, DC) —On July 26, 2006, two affiliate unions of the Change to Win federation — the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters — began petitioning the Department of Labor (DOL) to immediately issue an Emergency Temporary Standard to stop the continued risk of diacetyl exposure to workers. In 2002 and 2003, OSHA’s own scientists studying diacetyl unsuccessfully urged their leaders to take broader action to protect workers. There are currently no OSHA standards requiring exposures to be controlled.

Diacetyl is a hazardous chemical that has been connected to a potentially fatal lung disease that has been experienced by food industry workers across the nation.  There have been dozens of cases of what has become known as “popcorn workers lung,” or bronchiolitis obliterans—a severe, disabling, and often-fatal lung disease experienced by factory workers who produce or handle diacetyl.

“Three workers have died and hundreds of others seriously injured,” said Jackie Nowell, UFCW Safety & Health Director. “It’s time for action. We will not let food processing workers continue to be the canaries in the coal mine while waiting for the industry to regulate itself.”

More than 8,000 workers are employed in the flavorings production industry and may be exposed to the dangers of diacetyl and other similar chemicals. Tens of thousands of food processing workers are involved in the production of popcorn, pastries, frozen foods, candies and even dog food that use these chemicals.  It is not clear whether consumers are at risk from exposure to diacetyl but certainly the workers who deal with high concentrations of the flavoring chemical are at risk of developing serious and irreversible lung damage.

The unions’ petition is accompanied by a letter from forty-two of the nation’s leading occupational safety scientists, including a former OSHA director, five former top officials from OSHA, the Environmental Protection Agency, and the Department of Health and Human Services, who all agree that there is more than enough evidence for OSHA to regulate.

“”Study after study have shown that breathing artificial butter flavor destroys workers lungs. We know how to prevent this terrible disease but OSHA refuses to act”” said Dr. David Michaels of the Project on Scientific Knowledge and Public Policy at the George Washington University School of Public Health.

The UFCW and Teamsters filed the petition for an Emergency Temporary Standard with the DOL to require employers to control airborne exposure to diacetyl and ensure that all employees who are exposed to a certain airborne level of the chemical are provided with air purifying respirators. The safety of these workers would be additionally monitored through medical surveillance and regular consultations.

The petition also demands that OSHA immediately issue a bulletin to all employers and employees potentially exposed to diacetyl outlining the dangers of the chemical.  OSHA is being asked to conduct inspections and begin rule-making proceedings to establish a permanent standard that will put an end to this tragic epidemic and protect workers from exposure to all flavorings.

“The science is clear.  Now it is time for the Department of Labor to employ their regulatory mandate and protect the public,” said Lamont Byrd, Teamster Safety & Health Director. “Such illnesses and fatalities are avoidable and therefore, inexcusable.  An Emergency Standard is necessary to prevent the suffering and death of the additional workers who will get sick during the time it would take for OSHA to set a Permanent Standard.”

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The United Food and Commercial Workers International Union’s 1.4 million members work in America’s supermarkets, meatpacking and food processing plants.  Founded in 1903, the International Brotherhood of Teamsters represents more than 1.4 million hardworking men and women throughout the United States and Canada.  Both unions are founding members of the Change to Win federation.  www.changetowin.org

For more information and studies about Popcorn Workers Lung Disease, go to www.DefendingScience.org

• A copy of the DOL petition.
• A copy of the letter from top scientists.
• A timeline about diacetyl in the United States.

If a bird flu pandemic were to break out in the United States, workers in America’s poultry industry would be the first to notice sick birds, the first to risk exposure to the deadly virus, and the first to sound the alarm. That’s why the United Food and Commercial Workers International Union (UFCW) has sent a letter to President Bush urging him to initiate coordinated protection for poultry workers on the front lines by initiating a Cabinet-level meeting to discuss worker issues and the potential pandemic.

The poultry industry is a major force in the U.S. economy, generating more than $35 billion per year in revenue. The nation’s 200,000 poultry workers produce 500 million pounds of chicken every week. We must have a plan to protect these workers-the chicken catchers and those that slaughter, process, and package the millions of chickens and turkeys that Americans eat each year.

The Bush administration has taken the first, important steps in containing a potential outbreak of bird flu by discussing and planning the control of the virus at its source-in animals.

However, if we are to avoid a pandemic, America’s plan to contain the bird flu must have a worker component. The Bush administration should consider:

–Direct contact with infected poultry or contaminated surfaces and objects is considered the main route of human infection. This kind of direct contact is the norm for workers in the poultry industry. A poultry worker immunization program will prevent the spread of the disease and assure the public that a meaningful step has been taken to contain the disease at its source.

–Poultry workers are in the best position to visually identify sick birds and report suspected cases of bird flu. These front line workers are the nation’s best defense against a pandemic, but they will need whistleblower protections in order to avoid discrimination and to assure that profit doesn’t override health and safety.

–Many immigrant, undocumented, or Spanish-speaking poultry workers are unaware of workplace safety regulations. This population is unlikely to ask for safety and health protections such as respirators or flu shots. Unfortunately, a recent sting operation where ICE agents posed as OSHA officials has hurt the credibility of government safety programs and further increased immigrants’ mistrust of government. We must reach out to these workers with health and safety information and we must strictly enforce a policy that prohibits sting operations that undermine OSHA credibility.

These worker issues are of paramount importance. Worker organizations, like unions, should be consulted and integrated into the effort. The UFCW stands ready to work with all interested stakeholders, including worker representatives, government agencies, and poultry companies.

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.