The Year in US OHS Yearbook 2017
The Year in US OHS Yearbook 2017
The Year in US OHS Yearbook 2017
Occupational
Health&Safety
Fall 2016 Summer 2017
II. Addressing Occupational Health and Safety at the State and Local Levels....23
Criminal Prosecutions......................................................................................................................23
New Worker Protections in California, New York and Elsewhere...............................................24
Workers Memorial Week...............................................................................................................28
P
rotecting worker health and safety is always a challenge, no matter the administration in
charge. OSHA is and has always been the little agency that could there is perhaps no
other federal agency whose mission is more stacked against the odds. And yet OSHA has
made huge gains in its more than four-decade history.
Today, after eight years of steady and hard- National Institute for Occupational Safety and
fought progress, advocates are watching in Health.
dismay as the Trump administrations anti-
At the end of the day, its worrisome, but oddly
regulatory agenda goes to work inside OSHA.
familiar territory for safeguarding workers
Just a couple of examples from the first eight
rights, safety, and health. And its in that vein
months: elimination of the Fair Pay and Safe
that we present the sixth annual The Year in
Workplaces rule, which required those bidding
U.S. Occupational Health & Safety, our at-
for federal contracts to disclose prior labor
tempt to document and preserve the previous
violations; proposed elimination of OSHAs new
years successes, challenges, and losses into one
beryllium exposure standards for the maritime
easy-to-access package. While this report is not
and construction industries; and moves to roll
totally exhaustive and we had to make some
back an Obama-era rule expanding overtime
tough choices on what to include and cut, our
eligibility to millions more workers.
goal was to create a yearbook that activists,
Beyond the regulatory rollbacks, OSHA under regulators, researchers, workers, and anyone
Trump has quietly made itself less transpar- else can use as a source for education, connec-
ent, changing its everyday practices to make tion, motivation, and inspiration. While the 1
it harder for advocates to access worker safety future may be uncertain, this report shows that
data and easier for negligent employers to theres a nationwide community of advocates
break the law with little public notice. For and organizers ready for the challenge.
instance, in the first four months of the Trump
Appropriately released on Labor Day, this years
administration, OSHA issued just two enforce-
report, which spans August 2016 through July
ment-related news releases, even though the
2017, documents some of the most notable
agency had issued more than 200 citations
events, legislation, news stories, and research
exceeding $40,000. The shift was a big deal,
of the last year. The week of Labor Day, well
as the resource-strapped agency has typically
be publishing posts about this years report
used public notices as a low-cost, but poten-
on the public health blog The Pump Handle
tially persuasive, enforcement tool.
(www.scienceblogs.com/thepumphandle).
Most recently in late August, worker safety During that week, we hope youll chime in with
advocates noticed and quickly spread word your own stories on important worker health
about changes on OSHAs website, where a and safety happenings from the past year. In
link to Workplace Fatalities had disappeared the following pages, youll read about:
from the agencys home page. The fatality
Action on the federal level, including new
list had also been scaled back to only include
OSHA rules on fall protections; delays in injury
workplace deaths in which a citation was is-
reporting and mine inspection rules; the Envi-
sued. Both changes make it more burdensome
ronmental Protection Agencys new chemical
to access health and safety data, which in turn
safety assessment process; and notable OSHA
makes it harder to protect workers and hold
enforcement cases.
employers accountable. On top of all that, the
Trump administration is proposing elimination Action on the state and local levels, includ-
of the Chemical Safety Board and big fund- ing new overtime pay rules for California farm
ing cuts to the Department of Labor and the workers; strengthened safety rules for New York
T
he past 12 months will be remembered for the Obama administrations final accomplish-
ments, the election of President Donald J. Trump, and the resulting obstacles and challeng-
es for workers rights and safety. Before Trumps inauguration, the Occupational Safety and
Health Administration (OSHA) had completed rulemakings on beryllium and clarified require-
ments for employers on maintaining injury records. However, an emboldened Republican Con-
gress eventually revoked the latter, along with an executive order mandating that government
contractors provide fair wages and safe workplaces. Under the Trump administration, OSHA an-
nounced implementation delays and proposed changes to its final rules on beryllium and injury
reporting. The Mine Safety and Health Administration (MSHA) put off the effective date of new
requirements for mine operators on conducting pre-shift safety examinations, while the Environ-
mental Protetion Agency delayed implementation of rules to protect farmworkers from pesticide
exposure, as well as those to improve safety at chemical plants. The Trump administrations bud-
get proposed abolishing the U.S. Chemical Safety Board, a 40 percent cut to the budget of the
National Institute for Occupational Safety and Health, and eliminating OSHAs Susan Harwood
training grants program. In the following section, we describe these topics and other noteworthy
federal activities on occupational health and safety in the past year.
Labor Secretary Alexander Acosta poses with workers in June 2017 while at the Ford Motor Company truck plant in
Dearborn, MI.
WNYCOSH
which are not bound by a presidents budget,
proceeded with their own plans on funding the
government in the coming year. The House pro-
posed more drastic cuts to OSHA than Trump
and a 4 percent reduction in MSHA funding.
Appropriators in the Senate did not introduce a
spending bill before their August recess.
5
Trumps anti-regulatory
agenda
President Trumps first month in office was
Ann Converso with CWA Local 1168 addresses the crowd
marked by a flurry of executive orders. One
at the Western NY COSH rally outside of U.S. Rep. Chris
requires each federal agency to identify two Collins suburban Buffalo office.
existing regulations to revoke for every one
new rule it proposes. Business groups and
conservative lawmakers hailed Executive Order Congress repeals worker safety
13771, while Public Citizen, Natural Resources
Defense Council, and the Communications
rules
Workers of America filed a lawsuit in February Lawmakers used the Congressional Review
2017 challenging the order. Act to repeal more than a dozen environmen-
tal, consumer, and public health protections
In July 2017, the Trump administration released
that were adopted in the latter part of the
its regulatory agenda, which outlines its rule-
Obama administration. The list includes guid-
making priorities for the year ahead. The docu-
ance adopted by the Department of Labor in
ment indicates that MSHA will not seek public
August 2016 pursuant to Obamas 2014 Execu-
input on any possible regulatory topics and it
tive Order on Fair Pay and Safe Workplaces.
will not propose or finalize any rules, with the
Employers seeking government contracts val-
exception of one rule mandated by order of a
ued at $500,000 or greater would have been
U.S. court of appeals. The rule concerns train-
required to disclose previous labor law infrac-
ing requirements for miners who might use an
tions, including health and safety violations.
underground emergency refuge shelter.
Republican lawmakers called the Obama order
blacklisting.
Congress also voted to repeal an OSHA rule pate on their behalf in an OSHA inspection.
that clarified employers obligation to make The policy stemmed from a 2013 OSHA re-
6 and maintain injury records. OSHA issued the sponse to a letter from the United Steelwork-
final rule in December 2016 in response to an ers union. The NFIB complained the policy was
adverse ruling from the U.S. Court of Appeals being used for union organizing. In April 2017,
for the D.C. Circuit. In that ruling, referred to OSHAs director of enforcement programs
as Volks II and decided in 2012, the court held issued a memorandum rescinding the policy
OSHA could not cite employers for recordkeep- interpretation.
ing violations that took place more than six
months before the citation was issued. Over
the decades, some of OSHAs most significant Fall protection
enforcement cases involved employers who OSHA issued a final rule in November 2016 to
failed to accurately record injuries and illnesses protect workers in general industry from slips,
over the span of several years. With the rule trips, and falls on stairways, scaffolds, ladders,
having been revoked, OSHA is once again and near wall openings, pits, and platforms.
limited to citing employers for recordkeeping The rule gives employers the flexibility to
violations only when those violations occurred determine which protections to implement,
in the last six months. such as guardrails, safety nets, or personal fall
arrest systems. OSHA estimates that nearly 350
deaths and 200,000 lost-time injuries occur ev-
OSHA ery year from unsafe walking and working sur-
faces. In December 2016, a high-rise window
Walkaround rights
washing company filed a legal challenge to
The National Federation of Independent the rule with the 7th Circuit Court of Appeals.
Businesses (NFIB) filed a lawsuit in September
2016 against OSHAs policy allowing non-union
workers to designate a representative of a
community organization or union to partici-
United Steelworkers
protection systems, fixed ladders, and design
performance. OSHA estimates the protections
will prevent 29 fatalities and 5,842 injuries an-
nually.
booths and those using chain slings and other ministration, OSHA issued fewer than a dozen
hazardous equipment. enforcement-related news releases. Sens. Patty
Murray, Bernie Sanders, Elizabeth Warren, and 9
OSHA proposed a $1.9 million penalty in July
others sent a letter in May 2017 to the Depart-
2017 against Aluminum Shapes in Delair, NJ,
ment of Labors Inspector General asking him
for willful and repeat violations related to
to review several policy changes by OSHA,
confined space entry, fall hazards, and lockout/
including the one concerning news releases.
tagout (cutting power to machines before
conducting maintenance on them). Since 2011,
OSHA inspected the manufacturing plant eight Audits of OSHA activities
times, citing the employer for 60 violations
and assessing $516,000 in penalties. The Department of Labors Inspector Gen-
eral (IG) issued two reports over the last year
As of July 1, 2017, 511 employers were listed concerning OSHAs enforcement practices. In
in OSHAs Severe Violator Program. Thirty-nine September 2016, the IG reported that OSHA
employers were added to the list since last had not adequately implemented procedures
year, including Arrow Plumbing, Birdsboro Ko- to determine whether its special emphasis pro-
sher Farms, Cooperative Producers, Prinz Grain grams (SEPs) improve worker safety in the long
& Feed, Trinity Welding, and those marked run. The IGs criticism also extended to the 166
with an above. SEPs implemented by states that run their own
OSHA agencies (instead of relying on federal
OSHA). Moreover, the IG indicated that OSHA
News releases on enforcement cases
does not have clear risk-based guidelines for
In the final year of the Obama administration, determining which industries or occupations
OSHA issued nearly 500 enforcement-related should be the subject of a SEP. OSHA agreed
news releases. The agency saw the benefit to to develop procedures for establishing such
worker safety of publicizing the results of in- guidelines. The agency rebutted, however, the
spections, particularly in novel cases and those IGs criticism on assessing the effectiveness of
with $40,000 or more in proposed penalties. its SEPs. OSHA said the IGs preferred outcome
During the first seven months of the Trump ad- (Contd p.12)
Nixon Arias/NPR
ing Claudia, a 45-year-old electrician in Dallas,
who said: Theres always been a fear because
deportations have always been happening. But
now with Trump, theres added fear, because
hes not a man of his word. Were afraid that
anything we say can be used against us. In fact,
Claudia said she had begun fixing hazardous
work conditions on her own to protect herself
and her co-workers.
10 Former OSHA chief David Michaels told Lee that Nixon Arias worked off and on for a Florida landscaping
company for nine years before an injury at work resulted
OSHA didnt inquire into a workers citizenship
in his arrest, prosecution, and deportation to Honduras.
status under President Barack Obama, adding
that OSHAs safety rules apply to all workers,
Pager wrote that more than a dozen farmers
regardless of immigration status. Lee reported:
declined to talk with the newspaper for fear
Michaels said all workers must be protected
of becoming a target of deportation officials,
because otherwise employers will use undocu-
adding that farmers and experts maintain that
mented immigrants as stand-ins for their most
these labor issues have persisted for years, but
dangerous jobs. Michaels went on to say: Why
they say the new administration has exacerbated
should employers hire documented workers if
the problem. A 20-year-old farmworker from
protecting them requires an investment in safety,
Guatemala told Pager: I am scared because you
when they can hire undocumented workers?
hear and see on the news that immigration of-
Lee reported that researchers say the Trump ficers are taking people. In my country, theres no
administration has closed off access to even the work and theres no money.
crudest data on deportation numbers.
Advocates fear that the current policy climate
Fear is spreading to Americas farms, too. Tyler could make it easier for employers to skirt their
Pager at the Boston Globe reported that mi- workers compensation (WC) responsibilities as
grant workers in western New York, whove long well. For example, at NPR and ProPublica, How-
been essential to keeping the areas dairy farms ard Berkes and Michael Grabell exposed how
running, are afraid to leave their employers insurance companies and employers in Florida
farms to shop because they fear being appre- use a provision of WC law to get undocumented
hended by authorities and deported. Reports of workers deported after theyre injured on the
workers being picked off farms throughout the job. The businesses capitalize on one particular
country have only added to the atmosphere of and unusual definition of WC fraud using
fear hanging over the idyllic farming commu- fake identification during the hiring process. The
Mine examination requirement Joe Main wraps up his tenure as MSHA chief with a
speech at the United Steelworkers (USW) annual HSE
MSHA issued a final rule in January 2017 ap- conference. (L-R) Dave LeGrande of the Communications
plicable to metal and aggregate mines that Workers of America and Mike Wright of the USW listen
to Mains remarks.
requires a competent person to conduct a pre-
which serves 300,000 residents. The CSB made Over the past year, the CSB deployed investiga-
recommendations to the American Water tion teams to a October 2016 chemical release
14 Works Association and others. An earlier ver- at MGPI Processing (Atchison, KS); a November
sion of the final report was approved by the 2016 fire at an ExxonMobil refinery (Baton
CSB in September 2016, but the agency agreed Rouge, LA); a February 2017 explosion at the
to revise it in response to public input. Packaging Corporation of America (Deridder,
LA); an April 2017 incident at the Loy-Lange Box
In April 2017, the CSB released its final report
Company (St. Louis, MO) in which a hot water
on the August 2016 nitrous oxide explosion at
tank launched into a nearby business, killing
Airgas in Cantonment, FL. Jesse Folmar, 32, an
four people; a May 2017 explosion and fire
Airgas employee, died from the blast. The CSB
at Didion Milling (Cambria, WI), which fatally
made safety recommendations to Airgas, the
injured five workers; and explosions in May
Compressed Gas Association, and others.
and June 2017 at Midland Resource Recovery
In May 2017, the CSB issued its final report (Philippi, WV) that killed three workers.
on the explosion at the ExxonMobil refinery
in Torrance, CA. The February 2015 incident
caused major damage to the facility and nearly NIOSH
involved tanks containing hydrofluoric acid,
which would have been catastrophic. Exxon- Hazardous drugs
Mobil refused to provide information to the In September 2016, NIOSH published a new
CSB for its investigation. The agency filed suit edition of its List of Antineoplastic and Other
in federal district court to obtain records from Hazardous Drugs in Healthcare Settings. The
the company and awaits a decision from the revision added 34 new pharmaceuticals to a
court. The CSBs report includes recommenda- list of more than 250 drugs that require spe-
tions for ExxonMobil, the Torrance Refinery cial precautions for health care workers who
Company, and the American Fuel and Petro- handle them because they are carcinogenic,
chemical Manufacturers. teratogenic, or have other organ-specific ad-
verse health effects.
EPA
Toxic substances
In November 2016, EPA announced the first 10
chemicals selected by the agency for risk re-
view pursuant to the significant amendments
adopted by Congress in 2016 to improve the
Toxic Substances Control Act (TSCA). The list
includes 1-bromopropane, asbestos, methylene (L-R) Richard Lemen, Christine Oliver, Brent Kynoch, Liz
chloride, and perchloroethylene. Hitchcock, Celeste Monforton, and Linda Reinstein at EPA
headquarters in May 2017. The group urged EPA officials
to use its new authority under TSCA to ban asbestos.
National COSH
and Environmental Enforcement (BSEE) issued
a final rule in September 2016 to enhance
protections for workers involved in oil and gas
extraction on the Outer Continental Shelf. The
rule updates requirements for equipment de-
sign, maintenance, and repair, and adds new
requirements for firefighting and shutdown
valves. BSEE estimates the rule will prevent
more than 200 injuries per year and nearly Peter Dooley receives a COSH Special Recognition Award
for decades of work devoted to building a strong,
4,000 barrels of spilled oil. The rule takes full worker-centered safety movement. (Back row, L-R)
effect in March 2018. Barbara Rahke, Jim Howe, Andy Comai, Darius Sivin,
Luis Vazquez, and Mike Dooley. (December 2017.)
National COSH
winning safer workplaces
The National Council for Occupational Safety
and Health (National COSH) is a grassroots
advocacy organization with a network of 22
local organizations in 15 different states. Over
the last 12 months, COSH groups held worker
training events, pressed local district attorneys
to pursue criminal charges in worker fatality Gustavo Granillo and his daughter Jasmine speak at
cases, and engaged lawmakers to strengthen COSHCON16 about Roendy Granillo, 25, who died from
worker protections. Highlights of this years heat stroke in 2015.
COSH activities include:
injuries and illnesses. Eight goals to accomplish
Taking on the temporary staffing industry. that vision include increasing worker participa-
While the American Staffing Association was tion in decision-making, eliminating the wide-
holding its annual conference in October 2016, spread use of toxic chemicals, and implement-
National COSH briefed the media on safety ing measures to adapt to climate change. The
hazards prevalent in temporary work. Speak- Agenda for Action is at http://bit.ly/2nGj076
ers included Lina Hernandez, whose son Hugo
Tapia died in 2013 on a temp assignment; Dave Meeting with lawmakers. COSH groups held
DeSario, the producer of the award-winning meetings with their members of Congress in
film A Days Work; and Lou Kimmel, execu- March and April 2017 to present and discuss
tive director of New Labor. the networks Agenda for Action.
17
Building the OHS community. The National Western NY COSH (WNYCOSH) met in Buffalo
Conference on Worker Safety and Health with U.S. Rep. Brian Higgins (D-NY) to describe
(COSHCON16) drew 300 participants to Balti- the adverse impact of the proposed budget
more, MD, in December 2016. The workshop cuts to OSHA. The delegation included WNY-
tracks, which were offered in both English and COSH Director Germain Harnden; Greg Stoner
Spanish, included organizing for worker health
National COSH
and safety rights and protecting worker rights
under the incoming Trump administration.
Featured speakers included author and activist
Bill Fletcher Jr. and Esther Lopez, international
secretary-treasurer with United Food and Com-
mercial Workers Union. The awards banquet
recognized Jordan Barab, Lee Clarke, Randy
Rodriguez, Nicole Marquez, and Jora Trang
for their contributions to the OHS movement.
Gustavo and Jasmine Granillo of Dallas, TX,
received the Family Activist award.
Promoting an OHS agenda. COSH groups col-
laborated to develop the policy brief Protect-
ing Workers Lives & Limbs: An Agenda for
Action, which was released in March 2017.
Nearly 100 worker, environmental, and civic
groups endorsed the agenda, which advances
a vision that all workers should be able to earn
a living without suffering from work-related (L-R) Felicitas Rosales, Omaid Zabih, and Gladys Godinez
at COSHCON16.
National COSH
on Occupational Safety and Health and the
Santa Clara Center on Occupational Safety and
Health. The groups initial mission focused on
empowering workers through safety training.
Today, its work is complemented by providing
OHS expertise to legal aid organizations and
worker organizations, such as advice on work-
ers compensation cases. Worksafes recent ac-
complishments on behalf of California workers
include successful campaigns to secure a heat-
illness prevention standard for indoor workers
as well as new regulations for refinery safety.
MassCOSH and labor allies pressed lawmak-
ers to adopt new permitting requirements
for construction projects in Boston. Effective
December 2016, the city has the authority
to revoke permits or initiate special require-
WNYCOSH
18
with District #4 of the International Union of
Painters & Allied Trades; and Denise Abbott,
health and safety director of Communications
Workers of America Local 1168.
Worksafe organized a meeting in March 2017
with Rep. Mark DeSaulnier (D-CA) in his Rich-
mond district office. They discussed the Trump (L-R) Germain Harnden, U.S. Rep. Brian Higgins, Greg
administrations proposal to eliminate the Stoner, and Denise Abbott in March 2017 at the
Susan Harwood training grants program and congressmans district office.
Worksafe
gressmans assignment on the House Education
and the Workforce Committee makes him a
particularly important ally.
Learning from each other. National COSH host-
ed a series of webinars in the past year to help
OHS activists enhance their understanding of
OHS issues. Experts within the network pre-
sented information on several topics, such as
advocacy on criminal prosecutions for worker
fatalities, preparations for Workers Memorial
Week, and hazards for food production work-
ers exposed to flavoring chemicals.
Recognizing COSH accomplishments. In May (L-R) Nicole Marquez of Worksafe, U.S. Rep. Mark
2017, Worksafe celebrated its 35th anniver- DeSaulnier, Doug Parker of Worksafe, and Debra
Bernstein of Monument Impact, in April 2017 at the
sary. The roots of the Oakland, CA-based congressmans office in Richmond, CA.
Worksafe
and health record. The successful advocacy by
MassCOSH followed the October 2016 death of
two Boston workers in a trench that flooded.
SoCalCOSH and other California advocates
spearheaded advocacy to force state agencies
to declare publicly that they would protect
workers rights no matter their immigration
status. The effort intentionally put worker
safety allies on the offensive against the Trump
administrations immigration enforcement pol-
Dr. Bob Harrison spoke at Worksafes 35th anniversary
celebration after being recognized for his contribution to icies, which can inhibit workers from reporting
workers and the OHS community. dangerous working conditions, injuries, and
wage theft.
Worksafe
WNYCOSH
Allies with Western New York COSH rallied outside the Buffalo-area office of U.S. Rep. Chris Collins (R-NY) on the
proposed slashing of the OSHA budget, drawing attention to how such cuts would impact vulnerable workers
employed in dangerous jobs. They created a giant Jenga game in which each block represented a different public
protection for workers and families. Speakers described the consequences of eliminating each of the programs or
regulations and then removed the block representing their topic. Ultimately, the structure weakened and crashed to
the ground.
O
ver the past year, OHS advocates applauded local prosecutors for directing attention to
work-related fatalities. Cases in New York and Massachusetts resulted in criminal convic-
tions of employers who knowingly failed in their duties to provide a safe workplace. The
deaths of two workers in Boston led to a historic change in the citys permitting requirements,
while the state of California adopted the nations most progressive refinery safety regulations.
COSH groups, worker centers, and local allies organized a record number of Workers Memorial
Day events, including commemorations at which the governors of Pennsylvania and Washington
were the keynote speakers. Reporters with local and regional news outlets examined a range of
worker safety topics, which are profiled in Section III starting on page 33.
Addressing Occupational Health and Safety at the State and Local Levels
California Farmworkers win overtime pay
victory
Heat-illness prevention
In September 2016, Gov. Jerry Brown signed
In September 2016, Gov. Jerry Brown signed legislation expanding overtime pay protections
into law a bill requiring Cal/OSHA to propose for farmworkers. At the federal level, farm-
a standard to address heat-related illnesses workers are specifically excluded from overtime
among workers in indoor settings. The law and pay protections in the Fair Labor Standards
requires the agency to propose a rule by Janu- Act. The new California measure requires time-
ary 2019 to the Standards Board. Cal/OSHA and-a-half pay for working more than eight
prepared discussion drafts in February and May hours a day and 40 hours a week in agriculture,
2017, and received public comment on them. phasing in overtime pay over four years begin-
The rule would require employers to integrate ning in 2019. Employers with 25 or fewer work-
a heat illness prevention plan into their injury ers will have three additional years for phasing
and illness prevention programs. Prevention in the overtime rules. By 2022, the law requires
steps would include acclimatization procedures, double-time pay for a 12-hour work day. Previ-
cool-down rest breaks, and worker training. ously, California law required overtime pay
California already has a heat-illness prevention for farmworkers if they worked more than 10
rule that applies to outdoor workers. hours a day or 60 hours a week.
National COSH
general fund. The new separate fund will assist
injured workers in paying for medical expenses
and recouping lost wages.
Iowa
Workers compensation
Lawmakers in Iowa pushed legislation during
CSB board member Rick Engler and Cecelia Leto with the 2017 session to reduce workers compensa-
New Jersey Work Environment Council at the USW HSE tion benefits for injuries tied to pre-existing
conference. (September 2016.) conditions, minimize late fees for employers
who dont pay benefits on time, limit how
required in any other state or by federal OSHA. much attorneys can charge, and let employers
The rules require employers to conduct reviews deny benefits to an injured worker who tests
for equipment degradation and adequacy of positive for drugs or alcohol. Drug and alcohol
staffing, as well as ensuring that workers have a testing could take place whether the substanc-
meaningful role in safety decisions. Most provi- es were involved in the workplace incident or
sions will be in effect by May 2019. The rule- not. Gov. Terry Branstad signed the measures
making stemmed from the 2012 fire at Chev- into law in March 2017 the same day he
rons Richmond refinery and was supported by signed a law blocking minimum wage hikes.
a broad coalition of environmental organiza-
tions and labor unions, led by the BlueGreen 25
Alliance and the United Steelworkers. Massachusetts
Boston demands responsible
New wood dust standard
contractors
In early 2017, Cal/OSHA announced it was
considering a revised proposal on occupational The city of Boston adopted an ordinance in
wood dust exposure. The revised measure December 2016 that authorizes it to deny or
would reduce the current permissible expo- delay construction permits based on safety
sure limit by 60 percent compared to current concerns. Firms will have to swear and affirm
state standards, or a change from 5 mg/m3 to information about their safety history, includ-
2 mg/m3. Cal/OSHA had previously considered ing OSHA violations, when they apply for a
an even stricter revision, but the agencys permit. The city will require corrective action
Standards Board rejected that version. NIOSH or deny the permit altogether. MassCOSH, the
recommends a wood dust limit of 1 mg/m3. The Massachusetts Bar Association, and organized
revised standard went into effect in July 2017. labor pushed lawmakers for the new law.
Colorado Nevada
Injured worker protections OHS legislation
Gov. John Hickenlooper signed a bill in June Gov. Brian Sandoval signed legislation in May
2017 to create a fund for injured work- 2017 that requires supervisors at sites where
ers whose employers did not carry workers TV and films are being produced to complete
compensation insurance. Previously, monetary OSHA 10-hour or 30-hour training classes. He
penalties of $250 per day were assessed to also signed a bill mandating longer jail time
for assaulting emergency medical person-
Addressing Occupational Health and Safety at the State and Local Levels
NYCOSH
Workers United uses street theatre about worker safety to organize in October 2016.
26
nel, firefighters, and peace officers. Sandoval Signing these measures into law will help bet-
vetoed legislation, however, that would have ter protect these employees.
required a minimum of two certified employ-
ees aboard every freight train in Nevada. The
Brotherhood of Locomotive Engineers and Construction worker safety
Trainmen as well as the International Associa- In May 2017, New York City Mayor Bill de Bla-
tion of Sheet Metal, Air, Rail and Transporta- sio signed into law a host of new regulations
tion Workers campaigned for that bill. designed to improve safety in the construction
industry. The rules follow news reports that
construction worker fatalities and injuries have
New York
Violence prevention NYC CLC Michel Friang
Addressing Occupational Health and Safety at the State and Local Levels
Rockefeller Family Fund
Workers Memorial Week 2017
During the week of April 22-29, COSH
groups, labor unions, worker centers, and al-
lied organizations held events to commemo-
rate International Workers Memorial Day.
Vigils, rallies, and other events were held in
100 cities across the U.S.
For the 29th year, PhilaPOSH and the AFL-
Commissioners in Cook County, IL, adopted an CIO hosted an observance that included a
ordinance in October 2016 to require employ- processional march to Penns Landing on the
ers to provide earned sick leave. It took effect Delaware River. More than 300 marchers par-
in July 2017 and provides for one hour of leave ticipated. The keynote speaker was Pennsyl-
for every 40 hours worked for employees who vania Gov. Tom Wolf, who called workplace
have worked at least 80 hours within a 120- safety a primary civil right and announced
day period. At the urging of local chambers of he would sign legislation to extend health
commerce, however, more than 80 percent of and safety protections to the states public-
municipalities within the county opted out sector workers.
of the mandate. Cook County commissioners In Washington state, Gov. Jay Inslee spoke at
are examining legal options to challenge the an event hosted by the states Department of
municipalities authority to opt out. Labor & Industries. Inslee noted that family
28 members help to improve worker safety by
The city of St. Paul became the second one in
Minnesota to require employers to provide advocating for better laws. The governor rec-
paid leave to workers. The bill passed the city ognized Tina Meyer, the mother of 23-year-
council in August 2016 and took effect on July old Cody Meyer, who was struck by a vehicle
1, 2017. Workers will accrue one hour of leave while working on a roadway project. Earlier
for each 30 hours worked, can accumulate up that year, Ms. Meyer testified in support of
to 48 hours per year, and can roll over as much anti-distracted driving legislation. It was later
as 80 hours from year to year. The leave ben- approved by the state legislature and took
efit applies to full-time, part-time, and tempo- effect in July 2017.
rary workers. The diversity of speakers, locations, activities,
Restaurant owner Eric Foster served on the and organizers was as broad as the workers
task force that advised the St. Paul City Council who were remembered at the events. A small
on the paid leave ordinance. He told the Min-
New Labor
neapolis Post: Obviously no one wants people
preparing their food to be sick, and I dont
want workers to choose between coming to
work sick and hiding that from me or losing
their car or their homes or not being able to
pay rent.
These new paid leave laws join others already
on the books in California, Connecticut, the
District of Columbia, Massachusetts, and
Members of New Labor march in New Brunswick, NJ, on
Oregon, and in other jurisdictions. Sunday, April 23, 2017, to mark the beginning of Worker
Memorial Week.
Addressing Occupational Health and Safety at the State and Local Levels
30
I
nvestigative reporters were busy over the last year examining a wide range of occupational
health and safety issues. Several teams of journalists from regional media outlets wrote multi-
part series on dangerous conditions and limited oversight in the oil and gas industry. Others
reported on unaddressed hazards for firefighters and dangers for workers and communities
posed by tank cleaning businesses. Low penalty amounts for safety violations were the subject of
stories by reporters in Arizona and Ohio. The Center for Public Integrity, National Public Radio,
and ProPublica continued to support journalism on worker safety and labor rights topics, includ-
ing investigations into the epidemic of black lung among U.S. coal miners and exploitation of
immigrant workers in poultry slaughtering plants. Our picks for the best OHS reporting from the
last 12 months are profiled below.
Fotolia
training; and several temp agencies operating
without the proper license.
Kelly Heyboer. The invisible workforce. NJ
Advance Media, Sept. 2016.
https://tinyurl.com/yahqg4z4
United Steelworkers
safety gaps
As part of its Carbon Wars series, the Center
for Public Integrity (CPI) delved into worker
safety at the nations oil refineries, focusing
on the 2010 explosion at a Tesoro Corporation
refinery in Anacortes, WA, that killed seven
workers. Washington state labor officials in-
USW Local 12-591 staffs the Tesero refinery in Anacortes,
WA. The 2010 explosion at the plant was the subject of
vestigated and proposed a record fine against
reporting by the Center for Public Integrity. the company, noting it disregarded a host of
workplace safety regulations, continued to op-
is one of many Texas cities with no designated erate failing equipment for years, postponed
routes for hazardous chemicals, which may maintenance [and] inadequately tested for
explain why Texas leads the country in deaths, potentially catastrophic damage.
injuries, and evacuations related to hazardous
CPIs Jim Morris reported that more than 500
chemical transportation.
refinery incidents have been documented by
The final story in the Chemical Breakdown federal officials since 1994 the Anacortes ex-
series explores how the chemical industry plosion happened five years after a BP refinery
fought back against additional safety regula- explosion in Texas that killed 15 workers, two
tions after President Obama called for sweep- years before a Chevron refinery fire in Califor-
ing overhauls in response to the 2013 West, nia sent a plume of smoke and ash over the
TX, fertilizer plant explosion that killed 15 neighboring community, and five years before
35
people. According to the story: The preven- an explosion at an ExxonMobil refinery in
tion of chemical disasters remains governed by California unleashed a ground-hugging cloud
a tattered patchwork of regulations adminis- of deadly acid into a city of almost 150,000
tered by agencies that have neither the staff people.
nor political support to enforce or improve
Morris writes: Steve Garey, who retired from
upon them. And the public has been left large-
the Anacortes refinery in 2015 after almost 25
ly in the dark about what goes on at facilities
that might endanger their lives.
Josh Rushing, Al Jazeera English/Center for Public Integrity
Susan Carroll, Matt Dempsey, and Mark Col-
lette. Deadly accidents, no answers. Houston
Chronicle, Aug. 28, 2016.
https://tinyurl.com/yd98qyqc
Facebook
newspaper investigation was based on hours
of audio recordings with plant managers and
workers, safety audits, injury reports, lawsuits,
and federal and state regulatory records.
Among those interviewed in the article was
safety consultant Will Kramer, who blew the
whistle on conditions inside the plants after
seeing what appeared to be violations of en-
40
vironmental laws and serious threats to work-
ers and nearby residents. At the time, Kramer
began secretly recording conversations from a Regina Elsea, 20, was fatally injured in 2016 at the Ajin
Greif Inc. safety manager, who said his corpo- USA plant in Cusseta, AL, just two weeks before her
rate supervisors refused to act on his warnings wedding day.
Facebook
Grumman, and AECOM under lucrative gov-
ernment contracts. Journalists with the Cen-
ter for Public Integrity (CPI) describe severe
worker injury incidents involving explosions,
radiation, and other hazards. The penalties
assessed by DOE to the contracted firms are of-
ten waived and have not dented the $2 billion
in profit earned by the firms over the last 10
years. The critical safety deficiencies have been
endemic for a decade, yet largely unknown to
the public. CPIs reporting coincides with con-
gressionally authorized funding of $1 trillion
to update the U.S. nuclear weapons program.
Patrick Malone, R. Jeffrey Smith, and Peter
Cary. Nuclear negligence. Center for Public
Integrity, June 2017.
http://bit.ly/2thSeIl
R
esearchers examining the impact of the work environment on health published dozens
of informative papers and reports over the past 12 months. Studies in the peer-reviewed
literature provide new findings on industry-specific hazards and injury prevention interven-
tions, as well as on the unique features of particular occupations and groups of workers. Studies
on heat-related illness and work hours were particularly prominent. Nearly a dozen articles in
the Centers for Disease Control and Preventions Morbidity and Mortality Weekly Report ad-
dressed occupational health topics. Several reports from non-profit organizations examined the
poor working conditions in the food industry, while other groups published research findings on
worker safety issues in specific localities in the U.S. We profile some of this new research below
and provide a longer list of our top picks in the appendix.
MassCOSH
and lower quality of sleep during days when
they slept at their workplaces. Despite having
a live-in work arrangement, nearly half the
caregivers reported that they were expected to
sleep on couches or recliner chairs. More than
40 percent reported excessive daytime sleepi-
ness.
Riley K, Nazareno J, et al. 24-hour care: Work
and sleep conditions of migrant Filipino live-in
caregivers in Los Angeles. Am J Ind Med. 2016
Dec;59(12):1120-1129.
https://www.ncbi.nlm.nih.gov/pubmed/27747910
Truck drivers
The authors surveyed 260 long-haul truck driv-
ers to assess the effects of workday and non-
workday sleep quality and duration on driving
UCLA LOSH
2017;22(2):89-99.
45
https://www.ncbi.nlm.nih.gov/pubmed/28118110
Prevalence of dehydration
Nearly 600 workers who were employed at
30 different farms participated in a study to
assess their risk of heat-related illness. Core
temperature readings, work pace, heart rate,
and hydration status were collected over one
workshift. More than 8 percent of workers
experienced a core body temperature of more
than 38.5C (101.3F), and nearly 12 percent
experienced clinically significant dehydration. Heat and injury risk
Mitchell DC, Castro J, et al. Recruitment, meth- The authors used 13 years of Washington state
ods, and descriptive results of a physiologic as- workers compensation data and the daily
sessment of Latino farmworkers: The California humidity index to assess the risk of traumatic
Heat Illness Prevention Study. J Occup Environ injuries for agricultural workers. They reported
Med. 2017 Jul;59(7):649-658. an increased risk of injury on days when the
https://www.ncbi.nlm.nih.gov/pubmed/28414703 index exceeded a particular threshold. Risk of
Peer-reviewed Literature on
Musculoskeletal Injuries
Howard Berkes/NPR
Shockey TM, Sussell AL, et al. Cardiovascular
health status by occupational group, 21 States,
2013. Morb Mortal Wkly Rep. 2016;65:793798.
http://bit.ly/2wkVhRv
Oxfam America
http://bit.ly/2s4OkyD
Migrant Justice
on family life of uncertain schedules, wage
theft, and lack of safety training and equip-
ment. The findings run counter to assertions
by the employee staffing industry that temp
jobs lead to permanent employment in quality
jobs. The authors profile worker-led organiza-
tions in each location and their strategies to
build power and demand fair wages and safe
conditions.
53
New Yorks $14 billion dairy industry relies
largely on immigrant workers from Mexico and
Guatemala. Many are undocumented, speak
little or no English, and feel trapped because of
long hours, inability to obtain a drivers license,
and fear of immigration enforcement. Inter-
views with 88 dairy workers describe hazardous
working conditions, injuries, low wages, and
(L-R) OHIP coordinator Sarah Jacobs with interns substandard on-farm housing. The authors call
Michelle Hathaway, Brianna Singleton, Zahra
Jabbarani, Roger Gonzales, and Rossana Coto-Batres.
for changes in state labor laws and codes of
conduct for dairy companies.
Central NY Worker Center
The Central NY Worker Center and allies demonstrate in July 2017 in front of the NY Supreme Court. Inside the
courthouse, the NY Civil Liberties Union argued that farmworkers have a right to form a union.
L
ets be frank, the year ahead does not look great. It looks hard and disappointing and
upsetting. Beyond the politics and talking points and arguments, the cold, hard fact on the
ground is that weakening key mechanisms that create safe and fair working conditions
like data collection, transparency, research and enforcement emboldens unscrupulous employ-
ers and puts workers in harms way. This is a fact.
Just as this yearbook was going to press in anti-worker sentiment every day, working
August, worker safety advocates noticed that hand in hand with some of the most powerless
OSHA has scrubbed its worker fatality list from people in the U.S. They know that the col-
its home page and buried the link on an inter- lective power of informed workers is greater
nal page. Now, the list only contains incidents than those who conspire to deny workers their
for which a citation was issued and removes rights and erase their names from view. Labor
the names of deceased workers. A Depart- history is full of such stories. For example, just
ment of Labor spokesperson told reporters the this year, farm workers in Washington state of-
change was meant to protect the privacy of ficially formed Americas first new farm worker
workers families. The truth is that OSHA lead- union in 25 years. The union is aptly named
ership decided to weaken one its most useful Familias Unidas por la Justicia or Families
enforcement tools. The truth is that removing United for Justice.
workers names only protects the privacy of
With the future so uncertain and federal com-
employers who may have needlessly put them
mitment to worker safety so unclear, it seems
at mortal risk. A decision like this dehuman-
54 like a critical moment to support organizers
izes workplace fatalities, erasing from the raw
on the ground and stand with workers in the
data the real people and families behind the
streets. Let next years Workers Memorial
numbers.
Week be a forceful reminder that all work-
Word of OSHAs website change began cir- ers, regardless of immigration status, deserve
culating around worker advocate listservs safety, dignity, respect, and justice on the job.
and on occupational safety and health sites. To borrow a phrase from another social justice
By that afternoon, the news had popped up movement, workers lives matter. Keep telling
in Politico. Just as quickly as advocates had their stories.
spread word about the problem, they began
discussing ways to ensure that the names and
stories of fallen workers would not be washed Read more at The Pump Handle
from public view.
Much of the occupational health re-
No one is surprised that the Trump administra- search and activity described in this
tion is hostile toward OSHA, an agency whose report is covered in more detail at the
mission is to hold employers accountable to public health blog The Pump Handle,
the law. After all, its also a fact that private www.scienceblogs.com/thepumphandle.
citizen Trump had a sizeable history of flouting In particular, the twice-monthly Occu-
labor laws and practicing ethically question- pational Health News Roundup high-
able behaviors in his own business ventures. lights local, national, and international
Still, watching those inclinations manifest into news stories on worker health and safe-
public policy is hard to stomach. ty. All past Roundups are available at:
All that said, we know worker advocates in http://scienceblogs.com/thepumphandle/
communities across the country wont be category/occup-health-news-roundup
deterred. Theyll just work harder. They face
O
ver the past 12 months, OHS researchers published dozens of papers on health and safety
topics involving specific worker populations. Their studies addressed a wide range of
workplace hazards, investigated injury and illness trends, and analyzed the effectiveness
of interventions. The following list represents some of the best peer-reviewed publications in the
previous year. Those marked with are profiled in Section IV of this report.
Al-Lozi A, Nielsen SS, et al. Cognitive control Carty P, Cooper MR, et al. The effects of bit
dysfunction in workers exposed to manganese- wear on respirable silica dust, noise and pro-
containing welding fume. Am J Ind Med. 2017 ductivity: Hammer drill bench study. Ann Work
Feb;60(2):181-188. Expo Health. 2017 Jun 8 [online].
Antonucci A, Barr A, et al. Effect of bit wear Casey ML, Hawley B, et al. Health problems
on hammer drill handle vibration and produc- and disinfectant product exposure among staff
tivity. J Occup Environ Hyg. 2017;14(8):640-649. at a large multispecialty hospital. Am J Infect
Control. 2017 May 23 [online].
Arbury S, Hodgson M, et al. Workplace vio-
lence training programs for health care work- Cavallari JM, Ahuja M, et al. Differences in
ers: An analysis of program elements. Work- the prevalence of musculoskeletal symptoms
place Health Saf. 2017 Jun;65(6):266-272. among female and male custodians. Am J Ind
Med. 2016 Oct; 59(10):841-52.
Arnetz JE, Hamblin L, et al. Preventing
55
patient-to-worker violence in hospitals: Out- Cepeda JA, Beletsky L, et al. Occupational
come of a randomized controlled intervention. safety in the age of the opioid crisis: Needle
J Occup Environ Med. 2017 Jan;59(1):18-27. stick injury among Baltimore police. J Urban
Health. 2017 Feb;94(1):100-103.
Bethel JW, Spector JT, et al. Hydration and
cooling practices among farmworkers in Chvez S, Altman CE. Gambling with life: Mas-
Oregon and Washington. J Agromedicine. culinity, risk, and danger in the lives of unau-
2017;22(3):222-228. thorized migrant roofers. Am J Ind Med. 2017
Jun;60(6):537-547.
Boggess B, Scott B, et al. Uninsured workers
have more severe hospitalizations. New Solut. Chen CJ, Moore KJ, et al. Chemical and physi-
2017 Aug;2(2):154175. cal exposures in the emerging U.S. green-
collar workforce. J Occup Environ Med. 2017
Burgel BJ, Elshatarat RA. Psychosocial work
May;59(5):e91-e96.
factors and low back pain in taxi drivers. Am J
Ind Med. 2017 Aug.;60(8):734-746. Clayton ML, Smith KC, et al. U.S. food system
working conditions as an issue of food safety.
Butler C, Marsh S, et al. Wildland firefighter
New Solut. 2017 Feb;26(4):599-621.
deaths in the United States: A comparison of
existing surveillance systems. J Occup Environ Cohen RA. Resurgent coal mine dust lung dis-
Hyg. 2017 Apr;14(4):258-270. ease: Wave of the future or a relic of the past?
Occup Environ Med. 2016 Nov;73(11):715-716.
Byler CG, Robinson WC. Differences in patterns
of mortality between foreign-born and native- Conway SH, Pompeii LA, et al. The iden-
born workers due to fatal occupational injury tification of a long work hours threshold
in the U.S. from 2003 to 2010. J Immigr Minor for predicting elevated risks of adverse
Health. 2016 Oct 4 [online]. health outcomes. Am J Epidemiol. 2017
July;186(2):173183.