[ Issues ]

Occupational Safety and Health

UAW members, like all American workers, continue to suffer workplace injury, illness and death. In 2007, more than 5,000 American workers were killed on the job, many due to violations of poorly enforced OSHA standards. Moreover, the Bureau of Labor Statistics (BLS) reported 4 million nonfatal workplace injuries and illnesses in 2007. In truth, the total number is probably closer to 9-12 million after taking into account millions of American workers who are not covered by OSHA and underreporting of injuries among those who are. Although the majority of disabling injuries are due to ergonomic hazards, President Bush’s only major action on ergonomics was to sign the repeal of the ergonomics standard shortly after the start of his first term. Moreover, his administration hid ergonomic problems by modifying record-keeping rules.

Each year, an estimated 50,000 people lose their lives to occupational diseases. Many of these diseases are caused by toxic exposures at levels permitted by OSHA. Among those who have developed diseases resulting from OSHA-permitted toxic exposures are World Trade Center rescue and recovery workers. The UAW believes prompt action is needed to take care of the health problems of the heroes of 9/11 and to update OSHA’s permissible exposure limits (PELs). During the eight years of the Bush administration, the only toxic substance standard that was updated was the standard for hexavalent chromium. This was the least protective update of a standard in OSHA’s history and it was done only because of a lawsuit.

The Bush administration’s response to the risk of pandemic flu was as bad as the rest of its actions in health and safety. In violation of the OSHA respiratory protection standard, the administration recommended that workers and emergency responders wear surgical masks, which may be inadequate against flu virus, rather than using more protective procedures and equipment.

The response of the Bush administration to the risk of terrorist attacks on chemical facilities was similarly inadequate. In 2007, Bush signed a chemical facility anti-terrorism law that had the following flaws:

• It does not permit the government to require the single most effective chemical security measure, substitution of less hazardous for more hazardous materials.

• It exempts drinking water and wastewater treatment facilities, many of which have large quantities of hazardous chlorine gas, for which feasible safer substitutes are known.

• It does not adequately provide for worker participation, protection against abuse of background checks, or protection of whistle-blowers.

After the Democrats retook control of Congress in the 2006 elections, they tried to move several important health and safety measures. The House passed bills to:

• require improvements in mine safety;

• prevent dust explosions, such as the one that killed 14 people at Imperial Sugar in Savannah, Ga.; and

• protect popcorn manufacturing workers against a debilitating and fatal lung disease that results from breathing an additive called diacetyl.

Unfortunately, all of these bills were blocked in the Senate by Republican filibusters. In addition, because New York City refused to contribute 10 percent of the costs, Congress was not able to pass legislation establishing a program to provide health care and compensation for the heroes of 9/11.

The Bush administration also took steps to prevent future administrations from protecting workers. Republican political operatives in the Department of Labor secretly developed a rule imposing new risk assessment procedures and criteria for occupational health standards. These requirements will make it more difficult to issue future rules on occupational health hazards, and will result in less protective standards for workers.

Thanks to the 2008 elections, the Obama administration and the expanded Democratic majorities in Congress offer the best opportunity in decades to advance the safety and health of American workers. The UAW and the rest of the labor movement will be urging the Obama administration to improve worker health and safety by promulgating new regulatory standards for:

• beryllium
• silica
• diacetyl (popcorn lung)
• derricks
• global harmonization of hazard communication
• protection of responders to pandemic flu
• fall hazards in general industry
• dust explosions
• mandatory employer health and safety programs
• worker training
• workplace violence
• metalworking fluids
• permissible exposure limits (PELs) for toxic substances.

In addition, the Obama administration should:

• improve injury and illness reporting by reversing the Bush administration’s record-keeping changes and by prohibiting employer programs and policies that discourage such reporting;

• adopt enforcement policies and practices that ensure the full involvement of unions in settlement discussions and agreements; and

• increase ergonomics enforcement and explore regulatory approaches given constraints of the Congressional Review Act.

Together with the Obama administration, Congress should improve worker health and safety by enacting legislation to:

• increase OSHA’s funding so that the agency can improve standard setting, enforcement and worker training;

• reduce workplace fatalities and serious injuries by requiring OSHA to investigate all such events, granting workers and their families the right to meet with investigators, and increasing penalties when fatalities and serious injuries result from willful and repeated violations;

• provide OSHA coverage to the 8.5 million American workers who do not have it, including federal, state, and local public employees, and some airline employees; and

• increase protection for workers who blow the whistle on unsafe conditions in the workplace.

Action: