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How America Can Stop Violence Against Health Care Workers

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The young man in Cleveland Clinic Akron General’s behavioral crisis intervention unit hadn’t communicated much during his hospitalization, but he showed no signs of violence until Brian Eckley tried to draw his blood early one morning.

The patient stood up, sat back down, rose again and then punched Eckley, a state-tested nurse aide and senior technician, in the left jaw.

Keeping his cool despite the pain, Eckley dodged more punches as he held the needle and tourniquet out of the patient’s reach, banged on the treatment room windows and called for help.

Legislation is Pending

Attacks on health care workers have reached epidemic levels across the country, exacerbating turnover, turning caregivers into patients and further fraying systems of care already worn thin by COVID-19. The Workplace Violence Prevention for Health Care and Social Service Workers Act, twice passed by the House and just reintroduced in the Senate, would require employers to implement the safeguards needed to help keep Eckley and millions of his peers safe on the job.

The legislation—supported by numerous labor unionstrade groups and other stakeholders—would direct the U.S. Occupational Safety and Health Administration (OSHA) to develop a standard requiring health care providers to implement safety plans for clinics, hospitals, nursing homes, rehabilitation centers and other treatment facilities.

The bill calls for facilities to consider measures such as alarm systems, physical barriers and strategic staffing, including having workers in hazardous situations operate in teams. To ensure the plans are as comprehensive and effective as possible, facilities would have to devise them with the input of workers on the front lines and address the specific hazards in each work area or unit.

“Having a safety officer on the unit 24/7 would be a wonderful first step,” observed Eckley, a member of United Steelworkers (USW) Local 1014L, who had calmed down his combative patient by the time a security guard in another part of the hospital complex arrived at the behavioral health unit.

“They just don’t have what we need to do the job safely,” he said of health care employers around the country. “They do the bare minimum, and it’s more reactive than proactive.”

Even before COVID-19, health care workers faced five times more violence on the job than their counterparts in most other professions. Incidents skyrocketed during the pandemic. The crisis exacted a heavy toll on Americans’ emotional health and patients, relatives and community members grew frustrated with staffing shortages at medical facilities.

Violence Against Workers is Increasing

The violence is now so pervasive that many health care workers are victimized over and over again.

Eckley, for example, has been punched repeatedly, stabbed with a pen, and bitten by an HIV-positive patient who disliked the meal he was served. He’s also witnessed numerous attacks on coworkers and once watched a patient batter a door to get to a jar of candy on the other side.

“This is absolutely unacceptable,” Wisconsin Senator Tammy Baldwin, the legislation’s chief sponsor in the Senate, said of the surging number of assaults. “We know we need to do more to protect these workers.”

Under the legislation, employers would not only have to implement safety plans but also train workers to report assaults, conduct real investigations when incidents occur, keep records of injuries and ensure workers get immediate treatment when harmed.

Right now, as Jackie Anklam, president of USW Local 9899, knows all too well, many facilities across the country minimize incidents, dismiss assaults as part of the job, or try to pin the blame on the victims.

Anklam recalled getting a frantic phone call late one night from an emergency department technician at Ascension St. Mary’s Hospital in Saginaw, Michigan. The technician was pushed and threatened by about 20 highly emotional family members who gathered at the facility after a loved one arrived there with a fatal gunshot wound.

The victim’s relatives somehow managed to enter a locked treatment area off the waiting room, and Anklam said the technician was roughed up while following a doctor’s orders to usher them out. Anklam said she expected a robust investigation given the family members’ dangerous breach of a secure area.

Instead, she said, “we reported it, and their investigation was, ‘they don’t know who pushed the button and let them in.’ I think it was downplayed and swept under the rug.”

Action is being Delayed

Amid tireless advocacy by health care workers and their unions, the Democratic-controlled House first passed the violence prevention bill in 2019. But the Senate, then controlled by Republicans, refused even to bring it to a vote.

Under the leadership of Connecticut Representative Joe Courtney, the House passed it again last year with bipartisan support. Now, it’s more crucial than ever that the Senate swiftly take up the bill and pass it.

Some states have attempted to address the crisis by considering or passing laws imposing stiffer penalties on people who assault health care workers. But Eckley and his coworkers know it’s even more essential to prevent violence in the first place.

“As time goes on, it will grow,” Eckley warned, noting attacks are becoming not only more numerous but also more brutal. “The severity seems to keep going up. It doesn’t go down.”

This is blog was originally produced by the Independent Media Institute. Reprinted with permission.

About the author: Tom Conway is the international president of the United Steelworkers Union (USW).

Visit our page on Workplace Fairness to learn more about workplace safety.


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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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Detroit Bus Drivers Strike over Violent Attacks

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Detroit bus drivers, the first essential workers in the country to strike for safety during the pandemic, pulled a wildcat work stoppage again Friday, angry over escalating violence against drivers. Often the attacks are triggered, they said, by a driver’s request that a passenger wear a mask.

Drivers returned to work this morning with a promise of physical barriers to be constructed between driver and passengers. The city will also hold de-escalation training for drivers and said it would decrease police response time and increase the visibility of law enforcement on buses.

The work stoppage was triggered by the suspension of a driver who was captured on video punching a passenger—though the video does not show the events leading up to the driver’s self-defense. The passenger had declined to wear a mask, then approached the seated driver, snatched away a barrier chain, and raised his fist.

“‘Do I have to wait for a punch and then react? What are the rules of engagement?’” Those are the questions Amalgamated Transit Union Local 26 President Glenn Tolbert said he asked in negotiations with the city. “I don’t know if they wanted him to wait till he stabbed him or hit him. If someone is breathing in my face from two feet with no mask on….”

After the drivers’ March 17 strike, they won rear boarding of passengers and a distance of at least 10 feet between them and drivers, with masks mandatory. “Once you break that barrier, you’re not coming up there to talk to me,” Tolbert said. “I’m telling you I’m waiting for you to comply, you should not be running up on me.”

Tolbert said drivers have seen “a rash of assaults, weapons being pulled, females being accosted, drivers being attacked and not being able to defend themselves. If I ask about a mask now I’m going to be abused verbally and sometimes physically.

“The membership just said they were tired. They keep in touch between the two terminals, west side and east side. Neither the department nor the city was protecting them. “

Tolbert called such incidents a “daily occurrence. Things the outside public would abhor, we think it’s just another day at DDOT. We can’t keep living in fear. The department should not want that.”

After weekend negotiations members voted by 89 percent to return with a new Memorandum of Understanding.

VIRUS IN THE AIR

More than 50 Detroit bus drivers have contracted the coronavirus; five have been ventilated and one, Jason Hargrove, died—a few days after posting complaints about a passenger who coughed on him. Tolbert himself had the virus early on, and two former Local 26 presidents also died from it.

Detroit bus drivers haven’t gotten hazard pay since June, while those in a different ATU local who operate lines that run to the suburbs (SMART buses) get an additional $7.50 per hour.

The drivers’ earlier strike won free rides for passengers, to minimize driver-passenger contact; cleaning protocols and hiring of cleaning staff; gloves, wipes, and masks; and available restrooms, given that restaurants were closed.

“We’re not satisfied till we can go to work and not be subject to that abuse,” Tolbert said. “We want to feel the same kind of safety on the bus as they feel sitting in their offices.

“I refuse to have another conversation like I had with Jason Hargrove’s wife.”

This blog originally appeared at Labor Notes on October 5, 2020. Reprinted with permission.

About the Author: Jane Slaughter is a former editor of Labor Notes and co-author of Secrets of a Successful Organizer.


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Lesotho Plan Has All Elements to End Gender-Based Violence at Work

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A new worker-centered, precedent-setting program will comprehensively address the rampant gender-based violence and harassment (GBVH) denying thousands of women garment workers a safe and dignified workplace in Lesotho.

The program, established by two negotiated and enforceable agreements, will cover 10,000 Lesotho garment workers in five factories that produce jeans and knitwear for the global market. Lesotho-based unions and women’s rights groups, major fashion brands and international worker rights organizations, including the Solidarity Center, negotiated with the factory owner, Nien Hsing Textiles, to mandate education and awareness training for all employees and managers, an independent reporting and monitoring system, and remedies for abusive behavior.

The parties came to the table after the U.S.-based Worker Rights Consortium documented how the mostly female workforce at three Nien Hsing textile factories regularly was coerced into sexual activity with supervisors as a condition of gaining or retaining employment or promotions, and were persistently sexually harassed, verbally and physically.

The Lesothoan unions and women’s rights groups, all with proven histories of fighting to advance the rights of workers and women throughout the country, are: the Federation of Women Lawyers in Lesotho (FIDA), the Independent Democratic Union of Lesotho (IDUL), the National Clothing Textile and Allied Workers Union, Lesotho (NACTWU), the United Textile Employees (UNITE) and Women and Law in Southern Africa Research and Education Trust (WLSA)-Lesotho. They will administer the agreement and will serve on the oversight committee.

The Solidarity Center, WRC and Workers United joined these groups to negotiate the two agreements with Levi Strauss, The Children’s Place, Kontoor Brands and Nien Hsing Textiles.

“This is the first initiative in Lesotho that brings together workers, unions, women’s organizations and employers to work towards one common goal of improving the socioeconomic rights of women in the workplace,” said Thusoana Ntlama, FIDA programs coordinator, and Libakiso Matlho, WLSA national director.

Agreements Follow Report Documenting Abuse at Lesotho Factories

Nearly two-thirds of the garment workers WRC interviewed reported “having experienced sexual harassment or abuse” or having knowledge of harassment or abuse suffered by co-workers, according to the report. Women workers from all three factories identified GBVH as a central concern for themselves and other female employees.

“Many supervisors demand sexual favors and bribes from prospective employees,” one worker told WRC investigators. “They promise jobs to the workers who are still on probationary contracts.[…]All of the women in my department have slept with the supervisor. For the women, this is about survival and nothing else.[…]If you say no, you won’t get the job, or your contract will not be renewed.”

All the Elements to Prevent, Eliminate GBVH at Work

While sexual harassment and other forms of gender-based violence may happen at any workplace, GBVH is rampant in the global garment and textile industryGlobally, some 85% of garment workers are women. They are especially vulnerable to abuse and violence at work because of imbalanced power structures, high poverty and unemployment.

The Lesotho plan “has all the elements needed to prevent and eliminate gender-based violence at work,” says Solidarity Center Executive Director Shawna Bader-Blau. “First, there’s real accountability. It is binding and enforceable on all parties. And the global brands and the employer have guaranteed their commitment to enforcing and upholding the code of conduct by signing fully executed, binding and enforceable contracts.”

The agreements:

  • Establish an independent organization to investigate issues, fully empowered to determine remedies;
  • Create a clear code of conduct on unacceptable behaviors and a system for reporting abuse—with garment workers as full participants in creating, implementing and monitoring it; and
  • Establish an education and awareness program that goes beyond the typical harassment and gender violence training. It will be comprehensive and get at the root causes of gender discrimination and violence against women.

Importantly, says Bader-Blau, “the program is sustainable because it’s worker designed, with unions working together with women’s rights groups to deliver it.”

And because the freedom to form unions and collectively bargain has proven essential to addressing gender-based violence and harassment at work and in creating the space for workers to shape a future of work that is fair and democratic, it’s especially key that these agreements also protect workers’ rights to freely form unions, says Bader-Blau.

Nien Hsing, which manufactures apparel for global brands in several countries, signed one agreement with trade unions and women’s rights organizations in Lesotho to establish the GBVH program, and has committed to take recommended action when violations of the program’s code of conduct have been established.

The global brands entered into a parallel agreement in which, should Nien Hsing commit a material breach of its agreement with the unions and NGOs, it will take action, including a potential reduction in orders.

In the past, as one worker told WRC, “The [supervisors accused of harassment] are usually rotated to other departments,” arrangements the plan seeks to eradicate.

Putting the Plan into Action

Lesotho-based women’s rights organizations, unions, the Solidarity Center and WRC will jointly design the education and awareness program and curriculum, with input from the newly created independent investigative organization.

They also will carry out the two-day training in which all workers and managers will take part. Workers will be paid regular wages during the training.

And importantly, says Bader-Blau, “Empowered workers with a negotiated stake in the agreements can identify and report violence and harassment. And because they have established the terms with the employer as equals, they can be sure that retaliation for reporting abuse and the impunity of abusers will end. Unlike corporate social responsibility programs, the Lesotho program is a contractual agreement with the employer, the brands and the unions, which means everyone is accountable to the code of conduct–with workers able to enforce it as an equal party.”

The program is partially modeled after the Fair Food Program, a set of binding agreements between leading food brands, like McDonald’s and Whole Foods, and the Coalition of Immokalee Workers. Using the type of independent complaint mechanism that will be established by the Lesotho agreements, the Fair Food Program largely has eliminated what had been rampant sexual harassment and coercion in the tomato fields of Florida.

The agreements also build on the Bangladesh Accord on Fire and Building Safety, in which unions were key participants, and recognizes the fundamental role of collective bargaining in negotiating an agreement that is binding on employers and international brands and in bringing accountability to the global supply chain by ensuring the agreement is implemented and enforced.

Funding for the two-year program will come primarily from the three brands, in collaboration with the U.S. Agency for International Development, and the program will kick off in fall 2019.

This post originally appeared at the Solidarity Center.

This blog originally appeared in AFL-CIO on August 20, 2019. Reprinted with permission.

About the Author: Tula Connell got her first union card while she worked her way through college as a banquet bartender for the Pfister Hotel in Milwaukee they were represented by a hotel and restaurant local union (the names of the national unions were different then than they are now). With a background in journalism (covering bull roping in Texas and school boards in Virginia) she started working in the labor movement in 1991. Beginning as a writer for SEIU (and OPEIU member), she now blogs under the title of AFL-CIO managing editor.


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12 Things You Need to Know About Death on the Job

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The AFL-CIO today released its 28th annual Death on the Job: The Toll of Neglect report. Each April, we examine the state of worker safety in America. This year’s report shows that 5,147 working people were killed on the job in 2017. Additionally, an estimated 95,000 died from occupational diseases.

AFL-CIO President Richard Trumka (UMWA) called for action:

This is a national crisis. And it’s well past time that our elected leaders in Washington, D.C., stop playing politics and take action to prevent these tragedies. Instead, the Trump administration is actually gutting the protections we fought so hard to win in the first place. This is unacceptable. It’s shameful. And the labor movement is doing everything in our power to stop it.

Here are 12 key findings from the report:

  1. Every day, 275 workers die from hazardous working conditions.
  2. There is only one Occupational Safety and Health Administration inspector for every 79,000 workers.
  3. Since 1970, there have been 410,000 traumatic worker deaths, but only 99 cases have been criminally prosecuted under the Occupational Safety and Health Act.
  4. The average OSHA penalty for serious worker safety violations is only $3,580. The penalty rises to $7,761, on average, for worker deaths.
  5. About 8 million public sector workers lack OSHA protection. Their rate of injury and illness is 64% higher than private sector employees.
  6. Workplace violence is now the third-leading cause of death on the job.
  7. Women face the brunt of workplace violence, accounting for 2 of every 3 people who are attacked.
  8. Workplace violence caused 807 deaths in 2017 and nearly 29,000 serious injuries. More than 450 of those deaths were homicides.
  9. Health care and social assistance workers are four times more likely to suffer a workplace violence injury than those who work in other occupations. The level of serious workplace violence injuries for these workers has risen 69% in the past decade.
  10. The five most dangerous states to work in are: Alaska, North Dakota, Wyoming, West Virginia and South Dakota.
  11. The fatality rate for Latino and immigrant workers and workers 65 and older is higher than the national average.
  12. Workplace violence is preventable. An enforceable OSHA standard would keep workers safe, but in the meantime, Congress should pass the Workplace Violence Prevention for Health Care and Social Service Workers Act.

Read the full report to learn more.

This blog was originally published by the AFL-CIO on April 25, 2019. Reprinted with permission. 

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars.


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Caring for Our Caregivers: Workplace Violence Hearing Highlights Job-Related Assaults for Health Care and Social Service Workers

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Workplace violence is a serious and growing problem for working people in the United States: It causes more than 450 homicides and 28,000 serious injuries each year. Workplace homicide now is responsible for more workplace deaths than equipment, fires and explosions. Two of every three workplace violence injuries are suffered by women.

Health care and social service workers are at greatest risk of violence on the job because of their direct contact with patients and clients. They are five times as likely to suffer a workplace violence injury as workers in other occupations.

Violence against health care and social service workers is foreseeable and preventable but the Trump administration has refused to act. That is why Rep. Joe Courtney (Conn.) introduced legislation last week that would require the federal Occupational Safety and Health Administration (OSHA) to issue a standard to protect these workers. The standard would reduce violence by requiring employers to develop workplace violence prevention programs that identify and control hazards, improve reporting and training, evaluate procedures and strengthen whistlebower protections for those who speak up, which lead to safer staffing levels, improved lighting and better surveillance systems.

Today, the U.S. House of Representatives Committee on Education and Labor, Subcommittee on Workforce Protections, held a hearing to highlight this severe and growing problem and the need for an OSHA standard to protect working people. Patt, an AFT member from Wisconsin, testified about her traumatic experience of assault as a registered nurse. She and her colleagues had tried to speak to management and press for improvements, but their voices were not heard. Then she was attacked by a teenage patient with a history of aggression at a county mental health facility. He kicked her in the throat, collapsing her trachea, requiring intubation and surgery. She suffers severe post-traumatic stress disorder and can no longer work in her dream job as a nurse. It was not a random event, but a predictable scenario that could have been prevented with a clear plan and better-trained staff.

Watch the hearing.

Here are other union members’ experiences of violence on the job that could have been prevented with an enforceable OSHA standard:

Helene: An AFT member and psychiatric nurse in Connecticut for 16 years in an acute care hospital who attempted to hand a patient his pain medication when he punched her in her jaw, knocking her to the floor and breaking her pelvis. Helene was unable to return to work for six and a half months, had to go through rehabilitation and physical therapy, and suffers from post-traumatic stress disorder. This patient had a history of violence, including previously attacking a social worker, but there was no system in place to alert her.

Brandy: A National Nurses United (NNU) member and registered nurse in California for 18 years in general pediatrics who was assigned to a 14-year-old patient with a diagnosis of aggressive behavior. When Brandy entered the patient’s room, the patient had his mother pressed against the closet door with his hands around her neck. Brandy called for security and additional staff assistance. They were able to safely remove the patient’s mother, but the patient threw a chair at Brandy, who was trapped between a wall and a bed. Brandy suffers from tendonitis in her right elbow, which makes it difficult to do simple everyday tasks such as opening jars, typing and hanging bags of fluids at work. Appropriate violence-prevention controls include ensuring that large furniture and other items that can be used as weapons are affixed to the floor in rooms with aggressive patients.

Eric: An AFSCME member and security counselor at a Minnesota hospital who has administered treatment to the mentally ill for nearly a decade. Eric was assigned to monitor a highly assaultive patient who continually attacked his fellow patients. The patient then turned his assaultive behavior on Eric and punched him in the right eye, causing him to instantly lose sight in the impacted eye. Eric managed to restrain the patient until his co-workers arrived to assist. Eric was rushed to the emergency room via ambulance where they discovered he had a blow-out fracture of his orbital bone and a popped sinus. He received 17 stitches, and his eye socket has never fully recovered. The hospital did not have a comprehensive workplace violence prevention program that would have prevented this.

John: A United Steelworkers (USW) member and certified nursing assistant in California for 18 years who tried to change a male veteran’s wet bed when the patient became agitated and attacked John, breaking his arm. He was out of work for four weeks. John didn’t know the patient was prone to violence. At his facility, workplace violence comes from patients, visitors and other employees. There is at least one incident every week, ranging from slapping to breaking arms or punching. After John’s incident, the employer began requiring a note on the patients’ charts when they are prone to agitation or violence. Sometime later, the employer also began using red blankets on the beds to denote a combative patient so all employees would know when they interacted with the patient.

This blog was originally published by the AFL-CIO on February 27, 2019. Reprinted with permission. 

About the Author: Rebecca Reindel is a senior health and safety specialist at the AFL-CIO.


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New Bill Seeks to Protect Health Care and Social Service Workers from Workplace Violence

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Workplace violence is a serious and growing problem for health care and social service workers. Nurses, emergency room doctors, social workers, psychiatric facility aides, and other health care and social service workers frequently face violence that leads to serious, life-altering injuries, loss of productivity and death. In 2016, working people petitioned the Occupational Safety and Health Administration for a workplace violence standard and, in 2017, OSHA granted that petition; yet there has been no action by the Trump administration to develop a national standard to protect workers from violence.

Some key facts about workplace violence:

  • It is responsible for more than 850 worker deaths and 28,000 serious injuries each year and is on the rise.
  • One of every six workplace deaths each year are from workplace violence.
  • It is now the second leading cause of death on the job.
  • Health care and social service workers are at greatest risk: They are nearly five times more likely than other workers to suffer a workplace violence injury.
  • Last year, workplace homicides doubled for health care and social service workers.
  • Two of every three workplace violence events are suffered by women.
  • Workplace violence is foreseeable and preventable.

Today, Reps. Joe Courtney (Conn.) and Bobby Scott (Va.) introduced legislation aimed at protecting health care and social service workers from workplace violence. In a letter supporting the legislation, Courtney said:

To address these rising rates of violence, I am introducing the Workplace Violence Prevention for Health Care and Social Service Workers Act. This legislation will require the Occupational Health and Safety 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. These plans will be tailored to the specific workplace and employee population, but may include training on de-escalation techniques, personal alarm devices, surveillance and monitoring systems, or other strategies identified by the employers and employees to keep workers safe. While OSHA has already issued voluntary guidance to employers on how to prevent violence in these workplaces, data from [the Bureau of Labor Statistics] as well as personal testimony from workers about continuing violence shows that voluntary guidance is not sufficient. An enforceable standard is required to prevent the types of violence that are prevalent in too many of our hospitals, nursing homes and social service settings.

This blog was originally published by the AFL-CIO on November 19, 2018. Reprinted with permission. 

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars


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15 Things You Need to Know from the 2018 Death on the Job Report

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For the 27th year in a row, the AFL-CIO has produced Death on the Job: The Toll of Neglect. The report gathers evidence on the state of safety and health protections for America’s workers.

Passed in 1970, the Occupational Safety and Health Act has saved the lives of more than 559,000 working people. President Barack Obama had a strong record of improving working conditions by strengthening enforcement, issuing key safety and health standards, and improving anti-retaliation and other protections for workers. Donald Trump, on the other hand, has moved aggressively on his deregulatory agenda, repealing and delaying job safety and other rules, and proposing deep cuts to the budget and the elimination of worker safety and health training programs.

These are challenging times for working people and their unions, and the prospects for worker safety and health protections are uncertain. What is clear, however, is that the toll of workplace injury, illness and death remains too high, and too many workers remain at serious risk. There is much more work to be done. Here are 15 key things you need to know from this year’s report, which primarily covers data from 2016.

  1. 150 workers died each day from hazardous working conditions.

  2. 5,190 workers were killed on the job in the United States—an increase from 4,836 deaths the previous year.

  3. An additional 50,000 to 60,000 workers died from occupational diseases.

  4. The job fatality rate increased to 3.6 per 100,000 workers from 3.4 per 100,000 workers.

  5. Service-providing industries saw the largest increase in the job fatality rate. The rate declined in manufacturing and mining and was unchanged in construction—all industries that receive the greatest oversight from OSHA or the Mine Safety and Health Administration.

  6. Employers reported nearly 3.7 million work-related injuries and illnesses.

  7. Underreporting is widespread—the true toll of work-related injuries and illnesses is 7.4 million to 11.1 million each year.

  8. The states with the highest job fatality rates were Wyoming, Alaska, Montana, South Dakota and North Dakota.

  9. Workplace violence deaths increased significantly. The 866 worker deaths caused by violence in 2016 made it the second-leading cause of workplace death. Violence also was responsible for more than 27,000 lost-time injuries.

  10. Women are at greater risk than men; they suffered two-thirds of the lost-time injuries related to workplace violence.

  11. There is no federal OSHA standard to protect workers from workplace violence; the Trump administration has sidelined an OSHA workplace violence standard.

  12. Latino and immigrant workers’ safety and health has improved, but the risk to these workers still is greater than other workers.

  13. Older workers are at high risk, with 36% of all worker fatalities occurring among those ages 55 or older.

  14. The industries with the most deaths were construction, transportation, agriculture, and mining and extraction.

  15. The cost of job injuries and illnesses is enormous—estimated at $250 billion to $360 billion a year.

The Trump administration and the Republican majority in Congress have launched a major assault on regulatory protections and are moving aggressively to roll back regulations, block new protections, and put agency budgets and programs on the chopping block. The data in this year’s Death on the Job report shows that now is a time when workers need more job safety and health protection, not less.


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Hotel Housekeepers: Tipping as Hazard Pay?

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The New York Times has an article about failure of most hotel guests to give low-paid, hard-working housekeepers a much appreciated tip. Aside from the hard work they do,  the Times also notes the hazards of the job.

Angela Lemus, a housekeeper at the Wyndham Boston Beacon Hill who makes $19.91 per hour, said through a translator that in addition to scrubbing tubs and taking out trash, she sometimes has to clean blood or other medical waste from rooms….Desk clerk jobs don’t require the flipping of heavy mattresses or exposure to cleaning chemicals that can lead to respiratory and other health problems. Ms. Lemus, for example, developed an allergy to the latex gloves she was required to wear while cleaning. “It went on for years, and it got so bad my hands started to bleed,” she said. “I couldn’t let people see my hands.”

And let’s not forget musculoskeletal disorders from lifting bed mattresses and the threat of workplace violence from guests.

But are these really the same issue?  Are tips the solution to dangerous working conditions, or is elimination of hazards the solution to safe working conditions?  The Occupational Safety and Health Act says that all workers have a right to a safe workplace, whether they receive tips or not.

Implying the tips make it OK to work in hazardous conditions makes them sound like “hazard pay” and hearkens back to the good old pre-OSHA days where workers allegedly agreed to “assume” the risks of a job in return for a paycheck.

We’ve supposedly come a long way since then. Workers — even hotel housekeepers — deserve a living wage (including tips) for their work, AND workers have right to a safe workplace.

This blog was originally published at Confined Space on October 31, 2017. Reprinted with permission.

About the Author: Jordan Barab was Deputy Assistant Secretary of Labor at OSHA from 2009 to 2017, and spent 16 years running the safety and health program at the American Federation of State, County and Municipal Employees (AFSCME)


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Tinder on Fire: How Women in Tech are Still Losing

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  A “whore,” “gold-digger,” “desperate loser,” and “just a bad girl.”  These are only a handful of the sexist comments that Whitney Wolfe, co-founder of the mobile dating app Tinder, alleges she was subjected to by chief marketing officer Justin Mateen.  Last month, Wolfe brought suit against Tinder for sex discrimination and harassment.  Wolfe’s legal complaint details how Mateen sent outrageously inappropriate text messages to her and threatened her job, and how Tinder CEO Sean Rad ignored her when she complained about Mateen’s abuse.  Wolfe claims that Mateen and Rad took away her co-founder designation because having a 24-year-old “girl” as a co-founder “makes the company look like a joke” and being a female co-founder was “sluty.”

The conduct, which Wolfe’s complaint characterizes as “the worst of the misogynist, alpha-male stereotype too often associated with technology startups,” unfortunately remains the norm, and Wolfe is not alone in her experience.  Last year, tech consultant Adria Richards was fired after she tweeted and blogged about offensive sexual jokes made by two men at a tech conference.  After one of the men was fired from his job, Richards experienced horrendous Internet backlash, including rape and death threats.  She was then fired by Sendgrid after an anonymous group hacked into the company’s system in some twisted attempt at vigilante “justice.”

In 2012, junior partner Ellen Pao filed a sexual harassment suits against a venture capital firm, alleging retaliation after refusing another partner’s sexual advances.  And back in 2010, Anita Sarkeesian was the target of online harassment after she launched a Kickstarter campaign to fund a video series to explore female stereotypes in the gaming industry.  An online video game was even released in which users could “beat up” Sarkeesian.  These are just some of the many examples of demeaning attacks against women in the testosterone-driven tech world.

There are many state and federal laws that prohibit the kinds of workplace harassment that these women experience, including the federal Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Bane and Ralph Act, and the California Constitution.  These laws provide strong protections against gender harassment in employment and other contexts.  So why do these attacks on women continue to happen in an industry that is supposedly progressive and populated with fairly educated adults?

It doesn’t help that tech companies are also notorious for their lack of diversity.  This year, Google released its first diversity report which revealed that 70 percent of its workforce was male, and 61 percent was white.  The workforce was also predominantly male and white at Facebook, Yahoo, Twitter, and LinkedIn. Another report this year shows that the percentage of women occupying CIO positions at companies has remained stagnant at 14 percent for the last decade.  These numbers confirm what the stories reflect — that this industry truly is “a man’s world.”  And this needs to change.

Some may dismiss Wolfe’s lawsuit and similar complaints as coming from women who are hypersensitive.  Indeed, Wolfe claims that when she complained about Mateen’s harassment, she was dismissed as being “annoying” and “dramatic.”  While some degree of social adaptation may be expected when joining any company, particularly freewheeling start-ups, there are limits that must be respected.  Those limits are crossed when the pressure to conform to a white, male norm is so great that women who challenge this norm are further harassed or their voices suppressed.

Unfortunately, this marginalization of women who challenge the macho culture even comes from other women, who blame the “feminists” for making it harder for women to advance in tech.  This also needs to change.  Women who speak out about sexism and misogyny in the tech industry deserve the support of their colleagues, and men who turn to vitriol and juvenile behavior to intimidate deserve censure.

But change will not be achieved without help from sources outside the industry.  Attorneys and employee advocates must continue to bring attention to the rampant sexism that is “business as usual” in the tech industry.  We need to encourage tech companies of all stages and sizes to comply with employment laws, adopt proper HR practices, promote diversity and inclusion, and use objective standards to measure performance.  If the tech industry is serious about encouraging young girls to become coders and developers, it also needs to place women in conspicuous leadership roles and pay real attention to change the “guy culture.”

The tech world doesn’t have to be a man’s world, and it shouldn’t be.

 This blog originally appeared in CELA Voice on July 25, 2014. Reprinted with permission. http://celavoice.org/author/lisa-mak/.
About the Author: The authors name is Lisa Mak. Lisa Mak is an associate attorney at Lawless & Lawless in San Francisco, exclusively representing plaintiffs in employment matters. Her litigation work focuses on cases involving discrimination, harassment, whistleblower retaliation, medical leave, and labor violations. She is an active member of the CELA Diversity Committee, Co-Chair of the Asian American Bar Association’s Community Services Committee, a volunteer and supervising attorney at the Asian Law Caucus Workers’ Rights Clinic, and a Young Professionals Board member of Jumpstart Northern California working to promote early childhood education. She is a graduate of UC Hastings School of Law and UC San Diego.

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