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History of Workplace Safety for Black Americans

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Historically, Black Americans have faced significant discrimination and have been refused equity in our society, including in workplace safety and health. At the same time, they’ve also been at the forefront of fighting for stronger workplace protections for all Americans.

From the Atlanta Washerwomen to the Brotherhood of Sleeping Car Porters to the Black miners who all took a stand against abusive labor practices — and countless others — we honor their leadership and sacrifices during Black History Month as we continue to fulfill our mission to improve workplace safety and health. 

It was 55 years ago this month, in Memphis, Tennessee, when two Black sanitation workers, Echol Cole and Robert Walker, died after being crushed when the truck they were working on malfunctioned. When the city failed to respond to this tragedy more than a week later, 1,300 Black workers from the city’s public works department went on strike to demand better wages and safer working conditions.

In support of the workers, Dr. Martin Luther King Jr. joined the strike and played a key role in leading nonviolent protests to help the workers and the city come to an agreement for better wages and better work protections. In fact, he was in Memphis to support the workers when he was assassinated on April 4, 1968. The event became part of the larger civil rights movement. 

Fast forward to today: While we’ve made great strides in workplace safety, too many workers are still subjected to conditions as dangerous as what Cole and Walker faced.

In 2021, more than 14 workers were killed on the job every day. Data from the Bureau of Labor Statistics show that the share of fatalities among Black workers reached an all-time high at 12.6% in 2021, increasing to 653 from 541 in 2020, with most in the transportation industry or related to workplace violence.

The disparity is especially clear in the fatality rates for major demographics: Black or African American workers had a fatality rate of 4.0 per 100,000 full-time workers, compared with an average of 3.6 for all workers. 

The rise in fatal injuries and illnesses links to racial disparities and social issues Black Americans face, such as limited education opportunities, lower earnings and more exposure to hazardous jobs than white Americans. They are also more likely to fear retaliation for speaking up about health and safety concerns at work. 

Last September, the Occupational Safety and Health Administrated hosted our first Workers’ Voice Summit in Washington, D.C. We heard from workers across the country about cases of job steering, where employers assign workers of color to the most dangerous, dirtiest and most unpleasant jobs.

No worker should ever be at any disadvantage because of the color of their skin.

That is why OSHA is taking steps to expand our effort to those disproportionately impacted by injuries and illnesses while on the job — including Black workers — in high-hazard industries like construction, health care and warehousing.   

We are collaborating with stakeholders, Black-led union groups and worker centers to better understand how we can make resources more accessible, and equip workers with proper tools, knowledge and training to ensure equitable enforcement.

With the right resources and support, workers can raise their voices with confidence and trust OSHA will listen and support their needs. 

As we celebrate Black History Month, we know we must do more to create equity and safety for all workers.

Dr. Martin Luther King Jr. said during the Memphis sanitation strike, “whenever you are engaged in work that serves humanity and is for the building of humanity, it has dignity, and it has worth.”

If each employer implemented that level of humanity in their business today, we could see more equity for everyone and safer workplaces. 

This blog originally appeared on the website for the U.S. Department of Labor on February 17, 2023.

About the Author: Doug Parker is the assistant secretary for the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).


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Workplace Safety Tips and Statistics

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Alana Redmond

Workplace injuries are a common occurrence.

American workers spend an average of 38.7 hours per week at work, and just about every job has some risk that comes along with it, especially jobs that include manual labor.

Information from the U.S. Bureau of Labor Statistics reveals that in 2021, there were:

  • 2,607,900 total nonfatal injuries and illnesses
  • 5,190 total fatal injuries
  • 1,062,700 injuries that involved days away from work

What is a Workplace Injury and What Causes Them? 

OSHA defines a workplace injury as “an abnormal condition or disorder… including but not limited to, a cut, fracture, sprain, or amputation.” Workplace injuries can be caused by many things, especially if the job duties include inherently dangerous acts. However, workers at just about any job can be hurt at work. 

According to the CDC, the three leading causes of work-related injuries are 

  1. Contact with objects and equipment
  2. Bodily reaction and overexertion
  3. Falls, or slips and trips without a fall

So what can you do to effectively minimize the chance of sustaining an injury on the job? Here’s a list of five practices you can implement to help prevent workplace injuries.

  1. Attend Safety Protocol Meetings

Regularly attending safety protocol meetings can help you stay up to date on important safety information, such as best practices in operating equipment, or how to use a new tool or machinery. It also helps you to keep safety protocol fresh in your mind, so if you are ever in an emergency situation you can act quickly, safely, and efficiently.

  1. Report Safety Hazards to Management

If you notice something unsafe, say something.

Things like broken or malfunctioning equipment or water leaks can be dangerous and lead to several injuries, or even death. When you report unsafe circumstances to management, they should take it very seriously and rectify the situation quickly. You can be saving yourself and your fellow workers a headache by catching safety hazards before they create a problem. 

  1. Always Wear Your Personal Protective Equipment (PPE)

PPE isn’t always just facemasks and gloves, while those are valuable pieces of protective equipment, especially for workers in the medical field, PPE can be any piece of equipment that a worker needs to safely execute their job.

Things like wearing non-slip shoes or steel toed boots, protective eyewear, or wearing a harness, are all forms of PPE meant to protect you from job associated risks. 

  1. Slow Down and Pay Attention to the Task at Hand

Slowing down can be difficult when you are used to rushing through tasks, especially if you are held to tight deadlines. However, rushing through tasks is more often linked to injuries. When you slow down and pay close attention to what you are doing, you are less likely to hurt yourself or others.

This may seem counter productive, because slowing down equal less output, right? But in the long run, it can actually be beneficial to output because there will be less injuries and you can consistently produce, and produce well, whatever you are working on. 

  1. Take Care of Yourself

This is the most important tip for minimizing your risk of workplace injury. Taking care of yourself means getting proper rest, making sure you fuel yourself with nutrient rich foods, and follow all the safety guidelines to the best of your knowledge and abilities. 

Workplace injuries may be a common occurrence, but you can mitigate your risk of workplace injury by being proactive. 

This blog was contributed to Workplace Fairness. Published with permission.

About the Author: Alana Redmond is a consumer safety writer for safer-america.com and advocate for workers rights and workplace fairness across the country. 


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Fact-Checking Amazon’s Bogus Workplace Health and Safety Claims

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Irene Tung

In response to public scrutiny of high injury rates and growing worker organizing efforts at its facilities, Amazon recently published a report on its workplace health and safety record titled “Delivered with Care.” In this blog post, we sort out fact and fiction in Amazon’s key arguments in that report.

False Claim #1: Amazon’s injury rates should be compared with injury rates in the “Courier and Express Delivery Services” sector, not “Warehousing.”

First, Amazon claims its injury rates should be compared to those of businesses in the “Courier and Express Delivery” category, which are generally higher than those in the “Warehousing and Storage” category. While Amazon’s workforce does span both industry categories, what Amazon fails to mention is that most of Amazon’s delivery drivers are not employed directly by Amazon. Instead, Amazon subcontracts to a network of companies, which it refers to as “Delivery Service Partners” (DSPs) who in turn employ the drivers that deliver Amazon packages. Even though these workers work for DSPs that exclusively deliver Amazon packages, their injury rates are not reflected in the injury rates that Amazon reports.

A recent report by the Strategic Organizing Center (SOC) showed that the injury rates for Amazon drivers employed through the DSPs were even higher than the rates at Amazon warehouses. The report compares these numbers with companies in the “Courier and Express Delivery Services” category and shows that they are 50 percent higher than those at a comparable business such as UPS.

In “Delivered with Care,” Amazon also cherry picks a few industries with which to compare injury rates (p 12). One of them is pet stores. While pet stores do indeed have high injury rates, what Amazon does not mention is that Bureau of Labor Statistic (BLS) data show that about 30 percent of the reported injuries at pet stores are “cuts, lacerations or puncture wounds.” These pet store injuries are most likely pet bites, but Amazon seems to suggest that the injuries at its warehouses are somehow analogous. Despite these random comparisons, the facts are clear that Amazon’s injury rate is higher than the average for the entire warehouse industry and over two times as high as the national average for all private industry.

False Claim #2: Amazon has already implemented effective solutions to bring injury and illness numbers down at its warehouses.

No effort to adjust the dangerous pace of work at Amazon is mentioned in the report. The pace of work and the stressful, forceful movements workers must make every day in the manual material handling jobs at its warehouses cause musculoskeletal disorders. The Amazon report instead expounds on the company’s ”wellness” program and its training on proper lifting. Washington State OSHA just cited Amazon for exposing workers to hazardous conditions and violating the OSHA law, because the job pace is so fast workers don’t have time to follow their safety training, including safe lifting methods.

In the entire 35-page “Delivered with Care” report, the only specific improvement mentioned to reduce the widespread ergonomic hazards in their warehouses is the introduction of pallet lift tables to lessen the need for bending down to pick up objects off the conveyors. While this is a positive step, it represents just one of the many measures to improve warehouse safety recommended by OSHA.

These include using powered equipment instead of requiring manual lifting for heavy materials; reducing lifts from shoulder height and from floor height by repositioning shelves or bins; adding pneumatic lifts, adjustable tables, turntables, and adjustable steps, to name just a few of the other recommended measures Amazon could implement.

Much of Amazon’s ”wellness” training program is about what it calls ”conditioning” for the job (p. 16), as if it is workers’ lack of conditioning that is causing these injuries—implying that the workers are to blame for their own injuries. However, as Washington State OSHA has noted, musculoskeletal injuries at Amazon are primarily caused by ergonomic risk factors including high repetition and lifting, bending, reaching, pulling, and pushing. The solutions must address those adjustments to the job that are needed to prevent injuries—redesigning the job to make the job fit the worker.

Most of “Delivered with Care” refers to 2020 injury rates to back up its claims. However, as a recent Strategic Organizing Center report points out, the “Delivered with Care” report also uses 2021 injury rates when it refers to Amazon’s “Huddle” program (p 16), implying that the company already had its complete 2021 injury data at the time that “Delivered with Care” was published. But the authors of “Delivered with Care” withheld a key piece of information: Amazon’s overall injury rate actually increased by 20 percent from 2020 to 2021.

Even after the publication of “Delivered with Care,” Amazon has continued to misrepresent its injury rates by using outdated and out-of-context information. As recently as April 2022, CEO Andy Jassy sent a letter to shareholders using 2020 data instead of 2021 data to support a claim that Amazon’s injury rates were “misunderstood.” In response, Business Insider published a thorough fact-check of Jassy’s misleading use of those statistics.

This blog originally appeared at NELP on May 11, 2022. Reprinted with permission.

About the author: Irene Tung is a senior researcher and policy analyst for NELP.


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Service + Solidarity Spotlight: Oregon AFL-CIO Partners with Environmental Coalition to Strengthen Heat and Smoke Rules for Worker Safety

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Working people across the United States have stepped up to help out our friends, neighbors and communities during these trying times. In our regular Service + Solidarity Spotlight series, we’ll showcase one of these stories every day. Here’s today’s story.

Oregon Occupational Safety and Health (Oregon OSHA) released final draft rules and opened a comment period on rules to protect workers from excessive heat and wildfire smoke. Comments can be submitted now, and there will be public hearings between now and March 18. The Oregon AFL-CIO has teamed up with Pineros Y Campesinos Unidos del Noroeste, Oregon Environmental Council, Northwest Workers’ Justice Project and Climate Jobs PDX to make sure the rules protect workers.

“We know that Oregon’s excessive heat and smoke problems will continue in the summer months, and workers must be protected,” said Graham Trainor (IBEW), president of the Oregon AFL-CIO. “Oregon’s unions are firmly committed to making sure Oregon OSHA creates the strongest rules possible so that outdoor or indoor workers who are exposed to excessive heat and wildfire smoke are protected as best as possible. The stakes are too high for anything less.”

Excessive heat and smoke from wildfires have been shown to harm a variety of workers, including farmworkers, warehouse workers, people who work at hazardous waste facilities, bus drivers and more.

This blog originally appeared at AFL-CIO on 2/28/2022.

About the Author: Kenneth Quinell is a Senior Writer at AFL-CIO.


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The Heat Wave Shows Climate Change Is a Workers’ Rights Issue

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Mindy Isser - In These Times

The workers laboring outside in this extraordinary heat are on the front lines of the climate crisis.

The end of June saw temperatures soar all around the United States, with historic heatwaves in the Pacific Northwest and excessive heat advisories, watches and warnings elsewhere. The heat is not just uncomfortable, it’s deadly, buckling roads and melting bridges, with temperatures climbing over 120 degrees in Death Valley, California and British Columbia.

While the 100 million computer workers in this country are more likely to be able to work safely indoors, other urgent and necessary work must continue outdoors, no matter the severity of the weather. The entirety of the working class is (or will be) affected by climate change, but it’s farm workers, letter carriers, construction workers, sanitation workers and other outdoor workers who are unable to escape to air conditioning, and are on the front lines of the environmental crisis. This clarifies the fight against climate change as one not just for environmentalists: Rising temperatures are a workplace safety issue. Relatedly, there is growing awareness among climate activists that workers’ rights and the future of the climate are inextricably linked. Continuing to connect these two existential issues is our best shot at a livable world in which we can all work safely and with dignity.

Between 1992 and 2017, at least 815 workers in the U.S. were killed and more than 70,000 were injured from heat stress injuries. It’s likely that the true number of workers hurt or killed due to extreme heat is much higher than reported to the Occupational Safety and Health Administration (OSHA). Many workers who labor outside?—?particularly agricultural workers and construction workers?—?are undocumented or otherwise vulnerable and precarious, and may not know to report illnesses to OSHA. And of course, their employers are likely to misclassify a heat-related death. As temperatures continue to rise year after year, we can guess that the number of heat stress injuries and deaths will rise too.

On June 29, the United Farm Workers (UFW) slammed reports of heat-wave-related illnesses and deaths as ?“entirely preventable,” called on Washington Gov. Jay Inslee and Oregon Gov. Kate Brown to protect farm workers by issuing emergency heat standards. (At least 63 people have died in Washington and Oregon since the heatwave began.) Even in perfect weather, farm workers do physically demanding labor for very low wages and no benefits. And according to Centers for Disease Control data from 2008, farmworkers already were perishing from heat at a rate of 20 times other civilian workers. Now temperatures have climbed to well over 100 degrees in the Pacific Northwest, and a farmworker in Oregon was killed by the heat on June 26. UFW rightly calls heat protections for workers ?“a matter of life and death.” 

And while farm workers may be among those most vulnerable to the effects of climate change, they are not the only workers organizing for safety in our changing environment. After a member of the Communications Workers of America (CWA) died after installing phone service for a customer in 100 degree heat in 2011, the union began negotiating over heat stress workplace standards. An International Union of Painters and Allied Trades local that represents political, nonprofit and campaign workers in the Pacific Northwest fought for heat and smoke safety to protect canvassers in their most recent collective bargaining agreement, which was signed in January 2021 after successive smoky summers due to multiple wildfires.

Even those who work primarily inside have started organizing around these issues. Library workers in New York City bargained for a clause in their 2015 to 2020 contract entitled ?“operation of the library in the event of extreme temperatures,” requiring a temperature and humidity indicator on each level of the buildings, and compensatory time for staff who continue working in weather above 85 degrees and 44 percent humidity. 

As buildings get older with no federal investment to retrofit them, and as summers get hotter and hotter, there will be more pressure on electrical grids, potentially resulting in power outages. We can expect that even computer workers will be expected to work without air conditioning and in dangerous conditions. Amazon, run by the richest man in the world, forced warehouse workers in Washington to work in near-90-degree heat, because the company wasn’t equipped to deal with the current heat wave. (This is not the first time Amazon has allowed their workers to suffer in the heat—multiple workers have collapsed from heat-related causes.)

Democrats in the House and Senate have introduced legislation to require OSHA to create and enforce standards to protect workers in extreme temperatures. (Currently OSHA has no specific standards around working in high-heat environments.) The legislation, entitled the Asunción Valdivia Heat Illness and Fatality Prevention Act, is named for a 53-year-old farmworker who died after picking grapes for 10 hours straight in 105 degree heat in 2004. The act will require OSHA to establish measures like paid breaks in cool areas, access to water, limitations on time in the heat, and emergency response for illnesses caused by the heat. It will also ask that employers provide training for employees on how to recognize the potential risk factors of working in extreme heat, and ways to respond to symptoms if and when they arise.

While this legislation is important and timely, most workers in this country lack the true ability to safely advocate for themselves in the workplace. Thanks to our backwards labor laws, union density hovers around 11% nationwide, even though unions’ approval ratings are in the clear majority. If workers want to be in charge of their own health and safety, it’s imperative that we pass the Protecting the Right to Organize (PRO) Act, which will allow workers the ability to unionize without fear of retaliation. (Disclosure: This author has been involved in organizing to pass the PRO Act.) Unionized workplaces are safer than non-union workplaces: They are 30% more likely to face an inspection for a health and safety violation, because union members are more likely to know their rights and have the ability to fight for them. (Unionized workplaces are also much more likely to have health and safety committees, which exist for the sole purpose of ensuring the workplace is safe.) And of course, unions are why we even have OSHA, thanks to the leadership of beloved and dearly remembered labor leader Tony Mazzocchi.

Environmentalists, long seen as either opposed to workers or just apathetic to their plight, have begun to realize that without a strong working-class movement, there’s no real hope of fighting climate change. And with Biden’s deeply disappointing infrastructure legislation, we’re going to need a base of millions to push for a much more aggressive plan to fight climate change. That’s why the Green New Deal Campaign Committee of the Democratic Socialists of America went all in on pushing for the passage of the PRO Act. Unions don’t just protect members’ health and safety in the workplace, they have the ability to turn regular people into political actors with the skills and tools to fight for a dignified life both on and off the job. As workers feel the growing effects of climate change at work and at home, they’ll need to fight their employers for health and safety protections, and they’ll also need to go to battle with the politicians and fossil fuel executives who have allowed temperatures to rise so drastically.

This blog originally appeared at In These Times on July 1, 2021. Reprinted with permission.

About the author: Mindy Isser works in the labor movement and lives in Philadelphia.


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OSHA Issues Emergency Rule for Healthcare Employers and Updates Guidance for Other Employers

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On January 21, 2021, one day after his inauguration, President Biden signed an executive order directing the Occupational Safety and Health Administration (OSHA) to consider issuing a broad emergency temporary standard (ETS) on COVID-19 in the workplace.  But because COVID-19 cases have decreased significantly since January, on June 10, 2021, OSHA issued an ETS applicable to healthcare employers only.  For other employers, like those in manufacturing, construction, and retail, the agency simply updated its existing voluntary guidance.

Healthcare Employers

The ETS mandates virus protections in healthcare workplaces, defined as “all settings where any employee provides healthcare services or healthcare support services,” with several exceptions.  OSHA published a flow chart to help employers determine if they are covered by the ETS.  Where a healthcare setting is embedded in a non-healthcare facility, such as a medical clinic located in a manufacturing plant or retail store, the ETS applies only to the embedded healthcare setting and not to the remainder of the physical location.  The ETS does not apply to the provision of first aid by an employee who is not a licensed healthcare provider.

Some of the key requirements of the new rule for covered employers are to:

  • Develop a COVID-19 plan (in writing for employers with more than 10 employees) that includes designation of a safety coordinator, a workplace-specific hazard assessment, and policies and procedures to minimize the risk of transmission of COVID-19 to employees.
  • Limit and monitor points of entry to settings where direct patient care is provided; screen and triage patients, clients, and other visitors and non-employees; and implement patient management strategies.
  • Provide and ensure each employee wears a facemask when indoors and when occupying a vehicle with other people for work purposes; provide and ensure employees use respirators and other personal protective equipment during exposure to people with suspected or confirmed COVID-19, and for aerosol-generating procedures on a person with suspected or confirmed COVID-19.
  • Keep people at least 6 feet apart when indoors.
  • Install cleanable or disposable physical barriers at each fixed work location in non-patient care areas where employees are not separated from other people by at least 6 feet.
  • Follow standard practices for cleaning and disinfection of surfaces and equipment in accordance with Centers for Disease Control and Prevention (CDC) guidelines in patient care areas, resident rooms, and for medical devices and equipment; in all other areas, clean high-touch surfaces and equipment at least once a day and provide alcohol-based hand rub that is at least 60% alcohol or provide readily accessible handwashing facilities.
  • Ensure that employer-owned or controlled existing HVAC systems are used in accordance with manufacturer’s instructions and design specifications for the systems, and that air filters are rated Minimum Efficiency Reporting Value (MERV) 13 or higher if the system allows it.
  • Provide reasonable time and paid leave for vaccinations and vaccine side effects.

The ETS exempts fully vaccinated employees from the facemask, physical distance, and barrier requirements in well-defined areas if the employer determines there is no reasonable expectation that another person with suspected or confirmed COVID-19 will be present.

The ETS could take effect within days.  Once it goes into effect, covered employers must comply with most of the requirements within 14 days, but they will have 30 days to comply with requirements that could require physical changes to workspaces and buildings, like those involving barriers and ventilation.  The emergency rule will be limited to a duration of six months.

Pending adoption of the ETS in state plan states like South Carolina and North Carolina that have not enacted their own COVID-19 standards, employers can expect state OSHA agencies to take the requirements of the ETS into account in determining whether employers are complying with the General Duty Clause (GDC).  The GDC, in effect, requires employers to provide a safe workplace for employees.  State plan states must adopt standards that are “at least as effective” as OSHA’s.

Other Employers

On June 10, 2021, OSHA also updated its previously issued COVID-19 guidance applicable to all employers by adding references to the CDC’s recent recommendations for fully vaccinated people and addressing how to protect workers who are unvaccinated or are otherwise deemed to be at high risk of infection or serious illness.

According to the updated guidance, employers not covered by the ETS should consider implementing “multi-layered interventions” to protect workers, including:

  • “Grant[ing] paid time off for employees to get vaccinated.”
  • “Instruct[ing] infected, unvaccinated workers who have had close contact with someone who tested positive for COVID-19 and all workers with symptoms to stay home.”
  • “Implement[ing] physical distancing for unvaccinated and otherwise at-risk workers in all communal areas.”
  • “Provid[ing] unvaccinated and otherwise at-risk workers with face coverings or surgical masks, unless their work task requires a respirator or other PPE.”
  • “Educat[ing] and train[ing] workers on your COVID-19 policies and procedures using accessible formats and in language they understand.”
  • “Suggest[ing] that unvaccinated customers, visitors, or guests wear face coverings.”
  • “Maintain[ing] ventilation systems.”
  • “Perform[ing] routine cleaning and disinfection.”
  • “Follow[ing] other applicable mandatory OSHA standards.”

Whether covered by the ETS or the updated guidance, employers should review the latest information from OSHA and make any necessary adjustments in their compliance programs.

This blog originally appeared at Nexsen Pruet on June 11, 2021. Reprinted with permission.

About the Author: David Dubberly is an award-winning attorney who chairs Nexsen Pruet’s Employment and Labor Law Group and co-chairs the firm’s International Law Team. 

 


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Amazon makes tiny tweak to ‘time off task’ policy following report on high injury rates

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Interview with Laura Clawson, Daily Kos Contributing Editor | Smart  Bitches, Trashy Books

Immediately following a report that Amazon’s workplace injury rates were significantly higher than those of its top rivals, the online retail giant announced a tweak to its notorious “time off task” metric, which workers and advocates say is responsible for the punishing pace that leads to many injuries. The Washington Post looked at Occupational Safety and Health Administration (OSHA) data and found that Amazon warehouses have a rate of 5.9 serious injury incidents per 100 workers, which is nearly double the rate of other retail warehouses and more than double the rate for Walmart warehouses. This despite a decrease in serious injury rates at Amazon warehouses after the company paused performance tracking to allow workers time to wash their hands and sanitize work areas during the pandemic.

In response to the Post’s questions, Amazon detailed an array of efforts to improve injury rates at its warehouses, including “ergonomics programs, guided exercises at employees’ workstations, mechanical assistance equipment, workstation setup and design, and forklift telematics and guardrails—to name a few,” a company spokeswoman told the newspaper. What those efforts notably did not include was relaxing the speed requirements placed on workers that lead to so many of those injuries, at least outside of pandemic safety measures.

But on Tuesday, via a blog post by Dave Clark, CEO of its worldwide consumer division, the company made two announcements clearly designed to garner good publicity: It will stop testing employees for marijuana except for those in positions regulated by the Department of Transportation and will support federal marijuana legalization, and it’s changing how “time off task” is calculated. The time off task metric “can easily be misunderstood,” Clark claimed, insisting that its primary goal “is to understand whether there are issues with the tools that people use to be productive, and only secondarily to identify under-performing employees.”

This is not how Amazon employees experience that, and in any case, constantly finding ways to make the “tools that people use to be productive” go faster is another way to make the workers go faster. “Starting today,” Clark announced, “we’re now averaging Time off Task over a longer period to ensure that there’s more signal and less noise—reinforcing the original intent of the program, and focusing Time off Task conversations on how we can help.”

That’s not a big enough change, said Christy Hoffman, general secretary of UNI Global Union, in a statement: “After months of intense worker activity at Amazon workplaces everywhere, the giant tech is acknowledging that it must at least tweak its management system to soften the blow on workers who have the occasional ‘bad day’. But the basic system remains the same. This small step is welcomed but insufficient. What workers need is a real seat at the table and their voices heard.”

Let’s circle back to the top of this post and remember, we’re talking about a business with a serious injury rate nearly twice that of the industry as a whole and more than twice that of Walmart (which is not exactly known as a great employer). A small tweak is not going to do it. 

Amazon’s injury data also points to the need for stronger government enforcement. A DuPont, Washington, Amazon warehouse sported a serious injury rate of 23.9 per 100 workers in 2020, up from an already high 7.2 serious incidents per 100 workers in 2017. For those conditions, Amazon was cited by Washington State’s Department of Labor and Industries, which specifically identified the following: “There is a direct connection between Amazon’s employee monitoring and discipline systems and workplace MSDs [musculoskeletal disorders].” But the fine was just $7,000. Why would Amazon take the need for change seriously if that’s how much it costs? Instead, the company is trying to deal with its high injury rates as a public relations problem by announcing the smallest possible change to its policy. 

This blog originally appeared at DailyKos on June 2, 2021. Reprinted with permission.

About the author: Laura Clawson has been a Daily Kos contributing editor since December 2006 and a full-time staff since 2011, currently acting as assistant managing editor.


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WHICH STATES AND CITIES HAVE ADOPTED COMPREHENSIVE COVID-19 WORKER PROTECTIONS?

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14 STATES HAVE ADOPTED COMPREHENSIVE COVID WORKER SAFETY PROTECTIONS SO FAR

As the COVID-19 pandemic surges in the United States, workers have continued to protest and organize for their safety and health—but action is needed at all levels of government, starting with the top. To date, the Trump administration—specifically, the Occupational Safety and Health Administration—has resisted issuing any workplace safety standards or requirements to protect workers from COVID-19 in the workplace. In the absence of federal leadership, some governors and state health departments have stepped up to expand worker protections.

OSHA has resisted issuing any workplace safety standards or requirements to protect workers from COVID-19 in the workplace.

Some states have issued executive orders with very specific worker protection requirements, and Virginia issued a first-in-the-nation Emergency Temporary Standard to protect workers. Oregon and Michigan also have issued emergency standards. Other states have issued guidelines, some of which they intend to enforce. Some cities as well have issued protective ordinances for workers.

Many states’ executive orders (including the Virginia standard) require employers to heed the following:

  • ensure physical distancing of at least six feet between employees and their coworkers and customers;
  • provide face masks to all employees if maintaining six-foot social distance is not always possible;
  • require customer to wear face masks;
  • provide employees with other personal protective equipment in addition to face coverings;
  • improve ventilation;
  • provide employees with regular access to hand-washing and soap;
  • have hand sanitizer readily available to workers;
  • require deep cleaning after COVID cases are discovered in the workplace; and
  • notify workers when cases are found.

In some states, such as Oregon, Michigan, and Nevada, enforcement is handled by state occupational safety and health agencies; in others, by health departments, labor departments, and the attorney general’s office. Some states where federal OSHA has traditionally done enforcement are still figuring out how best to enforce these protections.

Inexcusably, the Trump administration has abandoned its responsibility to ensure that workers and the general public are safe in this pandemic. As the number of workers infected with and dying from this disease continues to grow, it’s clear that a voluntary approach to worker safety is not mitigating this public health disaster.

A voluntary approach to worker safety has failed to mitigate this public health disaster.

Even while workers continue to take major risks in speaking out and organizing in their workplaces, communities of color are paying the heaviest price for this federal policy failure. Although all workers on the job now or returning to work in the near future are at risk of illness, Black and Latinx workers and other workers of color, including immigrants, are more likely to be in frontline jobs. In addition, these communities have disproportionate rates of serious illness and death related to COVID-19, stemming from structural racism over generations related to healthcare and access to care. It is crucial that state and local policymakers step up to prioritize these workers and thereby further protect communities in this pandemic.

Below is a list of the 14 states that have adopted comprehensive worker safety protections (with links to more information). In addition to these, separate executive orders requiring face masks in the workplace have been issued by some governors (e.g., North CarolinaTexas, Massachusetts), cities (e.g., Raleigh, NC), and counties. Philadelphia has also issued the first citywide ordinance protecting workers from retaliation for raising COVID-19 safety and health concerns or refusing to work under unsafe conditions related to COVID-19.

California

Cal/OSHA adopted a new emergency standard for COVID prevention on November 19, 2020:
https://www.dir.ca.gov/OSHSB/documents/COVID-19-Prevention-Emergency-apprvdtxt.pdf

https://www.dir.ca.gov/title8/5199.html (the Cal/OSHA aerosol transmission standard that covers healthcare and first-response employees)

http://file.lacounty.gov/SDSInter/bos/supdocs/147290.pdf (L.A. County Board of Supervisors approved a proposal to facilitate worker-led health councils to monitor business compliance with public health orders mitigating the spread of COVID-19 at work)

https://thelafed.org/releases/in-battle-against-covid-19-board-of-supervisors-propose-innovative-solution/

Illinois

https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-32.aspx (initial EO issued April 30)

https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-38.aspx (updated EO issued May 29)

http://dph.illinois.gov/covid19/community-guidance/guidance-food-and-meat-processing-facilities (issued by Illinois Department of Public Health)

From the reopening checklists now being published: “Any employee who has had close contact with co-worker or any other person who is diagnosed with COVID-19 should quarantine for 14 days after the last/most recent contact with the infectious individual and should seek a COVID-19 test at a state or local government testing center, healthcare center or other testing locations. All other employees should be on alert for symptoms of fever, cough, or shortness of breath and taking temperature if symptoms develop.”

Kentucky

https://govstatus.egov.com/ky-healthy-at-work

Massachusetts

https://www.mass.gov/info-details/reopening-mandatory-safety-standards-for-workplaces

https://www.mass.gov/forms/report-unsafe-working-conditions-during-covid-19 (complaint form)

https://www.mass.gov/service-details/covid-19-workplace-safety-measures-for-reopening

Michigan

Michigan OSHA issued Emergency Rules for COVID-19 on October 14, 2020. (See related press release.)

Two executive orders previously issued (here and here) will no longer be enforced by the state due to a Michigan Supreme Court decision on October 2nd invalidating the orders.

Minnesota

https://www.health.state.mn.us/diseases/coronavirus/businesses.html

https://www.dli.mn.gov/sites/default/files/pdf/COVID_19_business_plan_template.pdf

https://www.dli.mn.gov/sites/default/files/pdf/COVID_19_meatpacking_guidance.pdf (for meat)

https://www.leg.state.mn.us/archive/execorders/20-54.pdf (on the right to refuse work)

Nevada

http://business.nv.gov/News_Media/COVID-19_Announcements/

http://gov.nv.gov/News/Emergency_Orders/2020/2020-04-29_-_COVID-19_Declaration_of_Emergency_Directive_016_(Attachments)/

http://gov.nv.gov/News/Emergency_Orders/2020/2020-05-07_-_COVID-19_Declaration_of_Emergency_Directive_018_-_Phase_One_Reopening_(Attachments)/

New Jersey

On October 28, 2020, New Jersey’s governor issued Executive Order 192 to protect New Jersey’s workers during the pandemic. The governor’s press release provides an overview.

This comes on top of an earlier executive order issued on April 8, 2020 requiring essential retail businesses and industries to take steps to limit the spread of COVID-19, among other things. (The state is also updating industry-specific guidance.)

New York

https://agriculture.ny.gov/system/files/documents/2020/04/retailfoodstoreguidanceforseniors_1.pdf (some essential industries remain without guidance)

https://forward.ny.gov/

Oregon

On November 6, 2020, Oregon OSHA adopted a new COVID-19 emergency temporary rule addressing COVID-19 workplace risks.

This follows previous executive orders issued during the pandemic:
– https://www.oregon.gov/gov/admin/Pages/eo_20-12.aspx (executive order)
– https://osha.oregon.gov/news/2020/Pages/nr2020-19.aspx (Oregon OSHA)
– https://www.wweek.com/news/2020/07/01/oregon-osha-to-enforce-mask-rules/ (enforcing the EO)

Pennsylvania

https://www.governor.pa.gov/wp-content/uploads/2020/04/20200415-SOH-worker-safety-order.pdf

https://www.jacksonlewis.com/sites/default/files/docs/PhiladelphiaCertifiedCopy20032801.pdf (Philadelphia ordinance that includes retaliation protections for raising concerns or refusing unsafe work; plus private right of action)

Rhode Island

https://reopeningri.com/wp-content/uploads/2020/05/COVID-19-Control_Plan_Fillable_Template-Final-5.13.20.pdf?189db0&189db0

Virginia

https://www.doli.virginia.gov/wp-content/uploads/2021/01/Final-Standard-for-Infectious-Disease-Prevention-of-the-Virus-That-Causes-COVID-19-16-VAC25-220-1.27.2021.pdf (Virginia issued a Final Permanent Standard for preventing COVID-19, effective January 27. 2021)

https://www.doli.virginia.gov/wp-content/uploads/2020/07/COVID-19-Emergency-Temporary-Standard-FOR-PUBLIC-DISTRIBUTION-FINAL-7.17.2020.pdf (Virginia OSH passed the nation’s first Emergency Temporary Standard for workers, effective the week of July 27, 2020)

Washington State

https://www.governor.wa.gov/sites/default/files/COVID19AgriculturalSafetyPlan.pdf (COVID protections for farmworkers)

https://www.doh.wa.gov/Portals/1/Documents/4300/TWH-RevisedRule-9-10-2020.pdf (revised emergency rule on temporary worker housing)

https://www.governor.wa.gov/issues/issues/covid-19-resources/covid-19-reopening-guidance-businesses-and-workers (this is written as enforceable guidance)

https://www.lni.wa.gov/safety-health/safety-rules/enforcement-policies/DD170.pdf (enforcement)

This blog originally appeared at Nelp on May 10, 2021.

About the Author: Debbie Berkowitz, NELP’s Worker Safety and Health program director, joined NELP in 2015, following six years serving as chief of staff and then a senior policy adviser for the Occupational Safety and Health Administration (OSHA) (2009-2015)


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Service + Solidarity Spotlight: IAM Supports Workplace Violence Prevention for Health Care and Social Service Workers Act

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Working people across the United States have stepped up to help out our friends, neighbors and communities during these trying times. In our regular Service + Solidarity Spotlight series, we’ll showcase one of these stories every day. Here’s today’s story.

In a letter to House leadership, Machinists (IAM) International President Robert Martinez Jr. urged representatives to support the Workplace Violence Prevention for Health Care and Social Service Workers Act (H.R. 1195). This bipartisan legislation would create and maintain needed protections against workplace violence for health care and social service workers. A 2016 U.S. Government Accountability Office study concluded that rates of violence against health care workers are up to 12 times higher than rates of violence for the overall workforce.

“Health care and social service workers who are called on to help us and our families in times of need deserve a safe and secure work environment,” Martinez wrote. “This legislation would instruct the Occupational Safety and Health Administration (OSHA) to issue a workplace violence prevention standard requiring employers in the health care and social service sectors to develop and implement a plan to protect their employees from workplace violence.”


This blog originally appeared at AFL-CIOon March 29, 2021. Reprinted with permission.

About the Author: Kenneth Quinnell  is a long-time blogger, campaign staffer and political activist whose writings have appeared on AFL-CIO, Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.


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On the Introduction of the Safe Line Speeds in COVID-19 Act to Protect Meatpacking Workers

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Washington, DC—Following is a statement from Rebecca Dixon, executive director of the National Employment Law Project:

“NELP applauds the introduction of the Safe Line Speeds in COVID-19 Act, championed by Senator Cory Booker and Representative Rosa DeLauro, which would protect the health and safety of meatpacking workers by suspending and prohibiting any line speed increases in meat and poultry plants during the ongoing COVID pandemic. The Act would halt any line speed waivers granted by the U.S. Department of Agriculture under the Trump administration.

“COVID-19 spread like wildfire across the meat and poultry industry in the last year, and it continues to spread through the plants. Despite guidance issued in March 2020 by the Centers for Disease Control and Prevention that emphasized the key protective measure of social distancing, the companies operating the plants continued to require meat and poultry workers to work shoulder to shoulder and elbow to elbow through the entire pandemic. Stunningly, in the middle of the pandemic, as tens of thousands of meatpacking workers were getting sick and many were dying, the USDA gave permission for many poultry, beef, and swine slaughter plants to increase their production line speeds—thereby forcing workers to stand closer together rather than father apart.

“Workers, their families, and their communities—and especially Black and brown workers and other communities of color—paid a huge price when the meat industry failed to mitigate the spread of COVID-19. A study published by the National Academy of Sciences estimated that this failure was associated with between 236,000 to 310,000 COVID-19 cases—and 4,300 to 5,200 deaths—just in the first few months of the pandemic (as of July 1, 2020).

“We cannot lose sight of the fact that, in addition to this being a workers’ right issue, this is also a racial justice issue. The meat and poultry industry is built on the labor of workers of color. The CDC estimates that 87% of all infections in the meat industry occurred among people of color in the industry.

“The Act will affect policies implemented by the USDA during the previous administration as follows: temporarily suspend line speed waivers in meat and poultry plants; block funding to implement line speed increases in hog slaughter plants; and require the issuance of an accountability report to document whether the industry implemented worker safety protections and to evaluate how the relevant agencies in the previous administration responded to the outbreaks of COVID-19 in the industry.

“This legislation is a landmark in the advocacy of meat and poultry workers, organizers, and communities that have been demanding safer workplaces and accountability for employers and government agencies that failed to put basic safety measures in place during the COVID-19 crisis. The voices and direct actions of these communities laid the groundwork for federal action.

“The COVID-19 crisis has laid bare the racial inequities in housing, healthcare, and the workplace. Big Meat’s commitment to profits for a few instead of preventative and protective safety protocols to protect hundreds of thousands of meatpacking workers during the greatest public health crisis of our time exemplifies why it’s critical to hold both the industry and government accountable for practices and policies that endangered workers and their communities. Accountability must be a part of a just and inclusive recovery.

“The Safe Line Speeds in COVID-19 Act is a critical first step toward ensuring worker safety during the COVID-19 pandemic. We look forward to working with Congress and the Biden-Harris administration to secure safety protections for the nation’s meat and poultry workers by revoking all existing line speeds waivers and relinquishing any further rulemaking that increases line speeds in the meat and poultry industry; and by promulgating and enforcing a COVID-19 emergency temporary standard through the Occupational Safety and Health Administration.”

This blog originally appeared at NELP on March 11, 2021. Reprinted with permission.

About the Author: National Employment Law Project is a non-partisan, not-for-profit organization that conducts research and advocates on issues affecting underpaid and unemployed workers. 


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