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Report: OSHA Investigated, Resolved Only 2% of COVID Retaliation Complaints

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Washington, DC—Brand-new analysis by Deborah Berkowitz and Shayla Thompson of the National Employment Law Project (NELP) shows that the Occupational Safety and Health Administration (OSHA) has failed to protect COVID safety whistleblowers who filed retaliation complaints.

NELP analyzed OSHA’s public data showing 1,744 COVID-19-related retaliation complaints filed by workers from April through August 9, and found:

  • One in five complaints (348) were docketed for investigation.
  • Only 2% of complaints (35) were resolved during that period.
  • Most complaints, 54%, were dismissed or closed without investigation.

“Resolving a mere two percent of OSHA retaliation complaints in six months is a dismal record under any circumstances. It undermines workers’ confidence that they’ll be protected when reporting unsafe working conditions. But it is especially egregious during a pandemic that, to date, has resulted in more than 210,000 COVID-related deaths and over 7.4 million cases in the United States—many likely due to workplace-related coronavirus transmissions—the most of any country in the world,” according to the study.

Reporting on the new NELP analysis, The Washington Post’s Eli Rosenberg writes, “Advocates and former OSHA officials say OSHA’s lack of response to retaliation complaints is just the latest example of OSHA favoring companies over workers the agency is tasked to safeguard. Plus, the stakes are much higher in the middle a pandemic that has made so many workplaces more dangerous.”

To speak with the authors of the NELP analysis, please reach out to amy.lebowitz@berlinrosen.com.

This blog originally appeared at the National Employment Law Project on October 8, 2020. Reprinted with permission.

About the Author:  Deborah 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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Uber has started firing employees following harassment probe

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Heads are starting to roll at Uber following thecompany’s internal investigation into hundreds of claims regarding sexual harassment, discrimination, retaliation, and other workplace transgressions. The ride-sharing company has fired at least 20 people, Bloomberg reported on Tuesday.

Perkins Coie LLP, the legal firm hired to conduct the investigation, handed out recommendations to Uber executives regarding the 215 human resource claims submitted for review.

No action was taken on 100 of those claims, while 57 are still being investigated. In addition to the firings, 31 Uber employees are in counseling or training, and seven have gotten written warnings.

The dismissals follow revelations from former engineer Susan Fowler, who published a story in February detailing her experiences with unchecked harassment at the company. CEO Travis Kalanick then fired engineering VP Amit Singhal for his history of sexual harassment allegations. Following Fowler’s blog post, Kalanick pushed forward with an investigation and vowed to root out injustice.

“It is my number one priority that we come through this a better organization, where we live our values and fight for and support those who experience injustice,” he said in a memo to employees in February.

The company has since suffered several public relations disasters, including a messy lawsuit with Google over their rivaling self-driving car programs, video of Kalanick berating an Uber driver, his former girlfriend seemingly confirming the company’s sexist culture, losing its communications and policy head, the suicide of one its black engineers after just months on the job, and activating (and then removing) surge pricing following the London attacks in June. Uber also kicked off the year with driver protests and the loss of more than 200,000 customers in response to the company’s initial tepid stance on the Trump administration’s travel ban targeting predominantly Muslim countries.

More recently though, Uber has made some dynamic hires that could help the company’s persistent diversity problem. In January, Uber hired Bernard Coleman as the company’s global diversity and inclusion head.

Coleman, who oversaw the company’s release of its first diversity report in March, said the report was “the first step of many” to help improve workplace culture. “I’m kind of excited to see some progress,” he said at TechCrunch’s diversity and inclusion event in San Francisco Tuesday. “I want to make Uber a better and better place to work.”

As of this week, Uber also hired Harvard Business School’s Frances Frei will join the company as its first senior vice president of leadership and strategy, Recode reported. The academic and prominent business management expert will occupy a broad role that covers training managers, executives, recruiting, and overall coordination with Uber’s human resources department leads. Uber has also reportedly hired Bozoma Saint John, Apple Music’s head of global marketing.

This article was originally published at ThinkProgress on June 6, 2017. Reprinted with permission. 

About the Author: Lauren Williams is the tech reporter for ThinkProgress. She writes about the intersection of technology, culture, civil liberties, and policy. In her past lives, Lauren wrote about health care, crime, and dabbled in politics. She is a native Washingtonian with a master’s in journalism from the University of Maryland and a bachelor’s of science in dietetics from the University of Delaware.


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Trump’s rollback of environmental rules will fail to bring back coal, report says

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“Can Coal Make a Comeback?” asks a new report by Columbia University researchers.

Spoiler alert: In its first few pages, the report states that President Donald Trump will almost certainly fail to bring jobs back to coal country or dramatically boost coal production.

Rolling back environmental regulations, as the Trump administration frantically sought to do during its first 100 days, will not “materially improve” economic conditions in the nation’s coal communities, according to the report.

During Trump’s presidential campaign, he repeatedly vowed to end a “war on coal” allegedly waged by the Obama administration. But as long as natural gas prices remain at or near current levels, U.S. coal consumption will continue to decline despite the Trump administration’s plans to roll back Obama-era regulations, the report says.

“Responsible policymakers should be honest about what’s going on in the coal sector?—?including the causes of coal’s decline and unlikeliness of its resurgence?—?rather than offer false hope that the glory days can be revived,” the report says.

The report was released by the Center on Global Energy Policy at Columbia University’s School of International and Public Affairs. It was authored by Jason Bordoff, the founding director of the Center on Global Energy Policy; Trevor Houser, a partner at consulting firm Rhodium Group; and Peter Marsters, a research analyst with Rhodium Group.

The report seeks to offer an empirical diagnosis of what caused the coal industry to collapse. It then examines the prospects for a recovery of coal production and employment by modeling the impact of Trump’s executive order directing agencies to review or rescind several Obama-era environmental regulations and assessing the global coal market outlook.

Even coal industry executives and coal country politicians have dialed down their rhetoric in recent months, according to the report. Robert Murray, CEO of Murray Energy and a Trump supporter, urged him to set more modest goals during the campaign and has warned post-election that there is little chance U.S. production can return to pre-recession levels.

Senate Majority Leader Mitch McConnell (R) also cautioned?—?after the election?—?that ending the “war on coal” might not bring jobs back to his home state of Kentucky.

The Columbia University report isn’t the first to rain on Trump’s coal parade. In a report released earlier this year, Bloomberg New Energy Finance emphasized U.S. coal’s main problem “has been cheap natural gas and renewable power, not a politically driven ‘war on coal.’”

But words of caution haven’t stopped Trump from waging a crusade for coal. Two weeks into his presidency, Trump signed a congressional joint resolution eliminating the Department of the Interior’s Stream Protection Rule finalized in 2016 by the Obama Administration that would have limited the amount of mining waste coal companies can dispose into streams and waterways. In late March, Trump signed the executive order that called on the EPA to “review” the Clean Power Plan, the agency’s carbon-reduction plan for new power plants.

“Many of these actions will take months for agencies to implement and will be challenged in the courts. But they are clearly designed to communicate Trump’s commitment to deliver on his campaign promises,” the Columbia University report said. “Indeed, he signed his March 28 [order] at the EPA in front of a group of coal miners, and after signing, turned to them and said, ‘C’mon fellas. You know what this is? You know what this says? You are going back to work.’”

In the report’s best-case scenario for coal that the authors modeled, U.S. production would see only a modest recovery to 2013 levels at just under 1 billion tons a year. In its worst-case scenario, consumption falls from 730 million short tons in 2016 to 688 million short tons in 2020 despite Trump’s aggressive rollback of Obama administration climate regulations.

Rather than bet on a recovery in coal production, coal communities, governments, and other private and public sector organizations should work together to “leverage the other assets” that exist in coal country to attract investment in new sources of job creation and economic growth, the study said.

“This certainly isn’t easy,” the authors wrote. “Coal communities in particular are often geographically remote and lack the infrastructure necessary to attract large-scale investment. Miners and others in the local labor market often lack the skills necessary for jobs that offer the kind of compensation available in coal mining.”

The federal government could offer plenty of help to accelerate locally driven economic diversification efforts, according to the report. Infrastructure investment, tax credits, and re-purposing of abandoned mine land that has other economic use can attract new investment and job creation, it says.

“But this all requires a clear-eyed assessment of the outlook for the coal industry and a commitment to put sustainable solutions ahead of politically expedient talking points,” the report says.

This article originally appeared at ThinkProgress.org on May 15, 2017. Reprinted with permission.

About the Author: Mark Hand is a climate reporter for Think Progress. Contact him at mhand@americanprogress.org.


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