The Year in U.S. Occupational Health & Safety 2015
The Year in U.S. Occupational Health & Safety 2015
The Year in U.S. Occupational Health & Safety 2015
Occupational
Health&Safety
Fall 2014 Summer 2015
Table of Contents
Introduction and Overview
I. The Federal Government and Occupational Health and Safety.............................1
Reporting Work-related Hospitalizations and Amputations.......................................................... 3
Protecting Construction Workers in Confined Spaces..................................................................... 3
Protecting Coal Miners from Crushing Injuries ............................................................................... 4
CSB: Controversy, Congress, and Leadership Changes..................................................................... 4
OSHA................................................................................................................................................... 5
MSHA................................................................................................................................................... 9
NIOSH................................................................................................................................................ 13
CSB..................................................................................................................................................... 15
Federal Chemical Safety Measures.................................................................................................. 15
II. Addressing Occupational Health and Safety at the State and Local Levels.......19
New Laws for Temp Workers, Public-Sector Workers, and More.................................................. 19
Local Reporters Draw Attention to Workplace Health and Safety Problems.............................. 25
Temistocle Lucarelli
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or the fourth year in a row, The Year in U.S. Occupational Health & Safety takes a look back
at some of the most notable events impacting the lives of workers and their families during
the past year. In the following pages, youll read about regulatory progress and action at the
federal, state, and local levels; new research reports and peer-reviewed science on worker health
and safety; as well as some of the superb and eye-opening reporting happening at media outlets
across the country. You can find previous editions of this report at www.defendingscience.org/
news/new-yearbook-us-occupational-health-safety.
This years report, which covers events that
unfolded between August 2014 and August
2015, is intended as a resource for activists,
regulators, researchers, and anyone else who
values safe and healthy workplaces and wants
to learn more about the tragic consequences
of putting profits over the lives of workers. Of
course, this report is not exhaustive as in
earlier versions, we had to make some tough
choices about what to include and what to
omit. However, we believe weve captured
some of the most important, compelling, and
noteworthy events of the previous 12 months.
Our ultimate goal is to help inform, educate,
and engage readers about the connections
between safe workplaces, fair workplace
policies, and healthy people and communities.
And if theres one thread that weaves its way
throughout our report, its this: All workers
deserve the dignity and respect that come
with enforceable health and safety protections
and the right to speak up without fear of
retaliation.
The week of Labor Day 2015, well be publishing posts about this years report on the public
health blog The Pump Handle (www.science
blogs.com/thepumphandle). During that week,
we invite you to add your own stories about
important worker health and safety happenings from the past year. Our report covers the
following areas:
National News Coverage of Worker Health and
Safety Topics: Perhaps the most noteworthy
occupational health and safety events of
the previous year were the superb reporting
efforts among journalists to expose systemic
disregard for workers health and safety.
Many of the investigative pieces prominently
t the federal level, advocates see the end of the Obama administration on the horizon and are reflecting on what has been accomplished. Employers are now required to
report to the Occupational Safety and Health Administration (OSHA) within 24 hours of
an incident involving an amputation or hospitalization of a worker. Employers in the construction industry must comply with new safety standards for confined spaces. Companies operating
underground coal mines must install proximity detection devices on mining machines to prevent
miners from suffering crushing injuries. OSHA and the Mine Safety and Health Administration
(MSHA) continue to use their respective severe violator and pattern of violation labels to
draw public attention to employers who show little regard for workers lives. The Chemical Safety Board (CSB) seeks to turn a page following the chairs resignation and lingering vacancies.
Dmitry Kalinovsky
Work-related Hospitalizations
and Amputations
Protecting Construction
Workers in Confined Spaces
It took two decades, but in May 2015, OSHA
issued a final rule to protect construction
workers from confined space hazards. Initial
work on the regulation began in 1994 when
the Advisory Committee for Construction Safety and Health prepared a draft proposed rule.
OSHA proposed the rule during the George W.
Bush administration, and the comment period
on the proposal closed in 2008. The agency
estimates the rule will prevent six fatalities and
812 serious injuries per year. The Texas Association of Builders filed suit with the US Court
of Appeals for the 5th Circuit challenging the
new rule. The rule took effect August 2015.
Leadership Changes at
Chemical Safety Board
CSB chair Rafael Moure-Eraso is joined by board members Manny Erhlich, Mark Griffon, and Rick Engler at a hearing of
the US House Committee on Oversight and Government Reform.
OSHA
Crane safety
OSHA announced in October 2014 changes to
requirements in its crane safety rule. When the
rule was issued in August 2010, crane operators were to be certified within three years as
competent to operate the equipment safely.
OSHA extended the deadline for this requirement to November 2017, citing inadequacies
in the existing crane operator certification
programs.
US Dept. of Labor
court ruled that if OSHA wants to issue a citation for failing to record an injury, the agency
must do so within six months from the injury
date. OSHAs proposed rule makes the case
that failing to maintain accurate injury records
should be considered a continuing violation,
for which an employer can be cited as long as
the records remain incomplete.
The case goes back to 2006, when worker Peggy Young became pregnant and her doctor
restricted her to lifting no more than 20 pounds. In turn, Young asked her employer, UPS,
to accommodate the doctors recommendations. The company refused, forcing Young to
take unpaid leave and lose her health insurance benefits. In 2007, Young sued UPS, claiming the company violated the federal Pregnancy Discrimination Act because it provided
less-strenuous work to workers who needed it for other reasons. The March Supreme Court
decision doesnt determine whether UPS did indeed violate the law; it kicks the case back
down to the lower courts, which had
previously thrown out the case before it
got to trial.
Ergonomic-related citations to
poultry plants
OSHA issued citations in October 2014 to
Wayne Farms in Jack, AL, for hazards related
to musculoskeletal disorders (MSDs). It was
the first time in more than a decade that the
agency used its general duty clause (GDC) to
address ergonomic hazards faced by poultry
workers. The GDC requires employers to provide workplaces free from recognized hazards,
including hazards that are not addressed by a
specific OSHA standard. OSHA scrutinized the
companys medical management of MSDs and
found that workers were seen dozens of times
by company nurses, but rarely referred for appropriate medical care. The Southern Poverty
Law Center filed the inspection complaints on
behalf of poultry workers. The company contested the citations and the $102,600 penalty.
123RF Photo
many years that the company was found violating the whistleblower provisions of the Federal Railroad Safety Act. In June 2015, OSHA
ordered BNSF to reinstate a train conductor
and pay him more than $535,000 in damages
after finding the company retaliated against
the worker for reporting an injury. OSHAs
regional administrator in San Francisco, Ken
Atha, warned other employers: Disciplining
an employee for reporting an injury is illegal.
Scott McCaw/NIEHS
MSHA
Industry challenges to MSHA rules
Ebola outbreak prompts calls for health care worker training, protection
In August 2014, the World Health Organization declared the Ebola outbreak in West Africa
a public health emergency of international concern. So far in the US, the only people to
have contracted the virus domestically were two health care workers. The workers two
nurses at Texas Health Presbyterian Hospital in Dallas were infected while caring for a
patient who had recently traveled to Texas from Liberia and who became the first patient
diagnosed with Ebola in the US. Fortunately, both nurses survived the infection and didnt
transmit the disease to others. But their experiences highlighted the critical importance of
hospital preparedness plans that include robust measures to protect workers from dangerous
diseases and prevent transmission into the community.
Reflecting on lessons learned in US hospitals caring for Ebola patients, the Centers for Disease Control and Prevention (CDC) in October 2014 released Ebola-specific guidance on
personal protective equipment (PPE) use among health care workers. The key points: All
health care workers should receive repeated training and have demonstrated competency in
Ebola-related infection control and especially in putting on and taking off PPE; while working
in PPE and caring for Ebola patients, workers should have no skin exposed; and the safe care
of Ebola patients should be overseen by an onsite manager at all times, while each step in PPE
procedures should be supervised by a trained supervisor. During an Oct. 20, 2014, press briefing on Ebola response and PPE, CDC Director Tom Frieden said: The guidelines go through
great detail and much more than CDC guidelines generally do in terms of what are the things
that need to be done, but while a lot of attention has been paid to the equipment and while
thats critical and important, the greatest risk in Ebola care is in the taking off of whatever
equipment (a) health care worker has on (and) whether theres skin exposed or not.
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At OSHA, the agencys only disease-specific requirement to protect health care workers
refers to bloodborne pathogens and was developed decades ago in response to HIV and
hepatitis; the agency has no standard to address occupational exposure to infectious agents
transmitted by contact, droplets, and airborne routes. But OSHA did state on its Ebola Web
page: Under the bloodborne pathogens standard, and the PPE and other standards, OSHA
has the ability to require employers to fully protect health care and other workers who may
be exposed to Ebola virus.
The actions paid off: In November, the California Department of Public Health and California Division of Occupational Safety and
Nurses in New York City hold a vigil for global Ebola
Health (Cal/OSHA) issued new requirements
awareness.
that hospitals must follow to protect workers from Ebola. The new measures, which
were the first in the US and went far beyond
the voluntary CDC standards, require California hospitals to provide full-body protective
suits to all those caring for confirmed and
suspected Ebola patients as well as to those
who clean contaminated areas. Hospitals
must also provide a powered air-purifying
respirator with a full hood or cowl for any
nurse in contact with suspected or confirmed
Ebola patients. Other requirements include
training on how to properly put on and
National Nurses United and the California Nurses
take off PPE, involving nurses in developing
Association host a meeting on workplace safety
measures on Ebola (October 2014).
exposure control plans, and protecting the
rights of nurses to speak up about violations
of the new requirements. If hospitals dont comply with the new guidelines, which build off
of existing state standards, they can face penalties.
With the hospital industry dismissing the concerns of the nurses, and the federal government failing to order the hospitals to implement the optimal level of Ebola protection,
California, under the stewardship of Gov. (Jerry) Brown, has heard the voices of nurses and
established a model that all should follow, said California Nurses Association Co-President
Zenei Cortez in a NNU blog post.
Following Cal/OSHAs announcement, NNU called on federal OSHA to follow suit. Prior to Ebola reaching US shores and in a move unrelated to the Ebola outbreak, OSHA had announced
in June 2014 that it would convene a Small Business Advocacy Review Panel to provide insight on a possible infectious diseases standard. In their review, which was released in January
2015, many panelists questioned the need for such a standard one small entity representative said market forces would do a better job protecting workers than OSHA regulations.
In May 2015, the agencys regulatory agenda indicated a regulation on infectious diseases
would not be a priority and it was moved into the category for long-term actions.
Cal/OSHA Ebola requirements: www.dir.ca.gov/dosh/EbolaVirusInformation.htm
11
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workers. MSHAs Spring 2014 regulatory agenda projected it would propose a silica rule in
April 2016.
NIOSH
Silicosis mortality update
In a Notes from the Field update published
June 15, 2015, in Morbidity and Mortality
Weekly Report, National Institute for Occupational Safety and Health (NIOSH) scientists
found that despite positive trends in eliminating the occupational lung disease silicosis,
deaths from this condition continue. Of particular concern to researchers were silicosis deaths
among young adults ages 15 to 44 12 such
deaths happened between 2011 and 2013. The
researchers wrote: These young deaths likely
reflect higher exposures than those causing
chronic silicosis mortality in older persons,
some of sufficient magnitude to cause severe
disease and death after relatively short periods
of exposure.
In a related NIOSH Science Blog post, NIOSH researchers Jacek Mazurek and David Weissman
wrote that continuing occurrence of silicosis
deaths in young adults and reports of new occupations and tasks that place workers at risk
for silicosis underscore the need for strengthening efforts to limit workplace exposure to
respirable crystalline silica. They encouraged
physicians to consider reporting cases of silicosis to local health departments. The occupational disease is a reportable condition in just
25 states.
13
Jay Herzmark and Alejandro Zuniga urge the Obama
administration to issue a standard to protect workers
exposed to silica dust (June 2015).
NIOSH plans to administer a 25-page questionnaire to current and former MNM mine
workers. The effort, which would initially focus
on Western states, would also bring a mobile
health clinic to mining sites to administer
physical exams and collect blood samples from
workers who volunteer to take part. The public
comment period closed in June 2015.
Dmytro Tolmachov
14
While the US has experienced dramatic declines in its adult smoking rate and public and
workplace smoking bans are commonplace,
In March 2015, the CSB issued a technical analysis of the July 2010 explosion and fire at the
Horsehead Holding company. The zinc recycling facility is located in Monaca, PA. The incident killed two workers: James Taylor, 53, and
Corey Kellerat, 41. The CSBs technical analysis
did not contain any recommendations.
As of August 2015, the CSB had seven open
investigations: Caribbean Petroleum Refining
15
Occupational health and safety (OHS) advocates used this years Workers Memorial
Week (April 26 - May 2, 2015) to convene
vigils, rallies, cultural performances, and
other public events to call for safer workplaces. More than 100 events took place
across the country, from Lewiston, ME, and
Toledo, OH, to Lincoln, NE, and Cerritos,
CA. News coverage of the events included:
Hundreds gather at Anshe Emeth Memorial Temple
Casper (WY) Star Tribune reported on the
in New Brunswick, NJ, to urge support for workplace
states fourth annual Workers Memorial
safety and dignity.
Day (WMD) event. Wyoming Gov. Matt
Mead spoke at the memorial service,
noting his own personal experience losing a loved one from a work-related injury. In
1996, Meads mother was thrown from a horse while working at the familys cattle ranch.
Wyoming has one of the nations highest work-related fatality rates, and the governor
described efforts to address the problem, such as offering incentives to employers to make
their workplaces safe. Family members attending the event offered their own ideas, including hiring more inspectors and paying them better salaries.
Jane Von Bergen of the Philadelphia Inquirer described that citys WMD commemoration
in the context of four worker deaths that occurred in the two weeks preceding the event.
One of those workers, Benjamin Hattendorf, 42, was killed at a construction site in view of
PhilaPOSHs offices. PhilaPOSH is the key organizer of the areas annual WMD gathering and
march. PhilaPOSHs Barbara Rahke told the reporter that she had seen Hattendorf at breakfast in her buildings cafeteria the morning of the incident, and that his death was really
unbelievable. The Philadelphia ceremony, which features a bagpiper playing Amazing
Grace, is memorable for its other traditions. Von Bergen writes: ...the mourners, one by
continued on next page
dress chemical safety. They warned that your
Administration is running out of time. The
groups called on Obama to take decisive action
to prevent chemical explosions and releases.
The Obama administration released in June
2015 a factsheet outlining steps it has taken
to improve chemical facility safety and security. It was a status report on the presidents
EO 13650. OSHA, for example, noted its
progress on proposing changes to its process
safety management regulation. The agency
said it had initiated in June a Small Business
Regulatory Flexibility Review Act panel to get
TSCA Reform
The Toxic Substances Control Act (TSCA) is
neither effective at protecting the public
from chemicals already in use nor adequate in
requiring manufacturers to demonstrate the
safety of new toxic materials they produce. A
poster child for TSCAs inadequacy is asbestos.
EPA tried to ban the deadly mineral in 1989,
but it could not meet the laws steep legal burden when challenged by the industry.
Dying for Work in California: The Hidden Stories Behind the Numbers 2015
(www.worksafe.org/2015_Dying_at_Work_in_California.pdf)
Worker Memorial Day Report 2015: Workplace Fatalities in the Houston Area
(http://defendingscience.org/sites/default/files/WMD_Houston_Report_2015.pdf)
Key features of each report are profiles of workers killed on the job, perspectives on
deaths related to occupational illnesses, and commentary on the importance of remembering by name the victims of workplace hazards.
17
Ed Sapir
18
19
Addressing Occupational Health & Safety at the State and Local Levels
The June 2013 Yarnell Hill wildfire took the lives of 19 firefighters with the Granite Mountain Hotshots. Most of the victims families agreed to a settlement in June 2015 related
to a lawsuit they filed against the Arizona State Forestry Division. The families were less
interested in money than in seeing the state implement safety improvements for future
firefighters. The measures include better training
for incident commanders and firefighters, testing of more advanced tracking equipment, and
disseminating specific lessons about the effects of
dry, warmer seasons on the wild lands. Each family received a very modest $50,000 as part of the
agreement. As reported in The New York Times on
June 30, Roxanne Warneke was satisfied with the
agreement. She was pregnant when her husband,
Billy, was killed in the blaze. Finally, its over, she
told The New York Times: I wanted Billys death
to mean something, for some good to come out
Temporary memorial to 19 firefighters killed
in the 2013 Yarnell Hill wildfire.
of it, and now I can actually start to see results.
KPHO, KTVK
risks to specialty units. Cal/OSHA will be required to post annually information on violent
incidents occurring at hospitals. The Service
Employees International Union (Local 121RN)
and Nurse Alliance of California filed a petition
in February 2014 with the California Standards
Board for a standard to protect health care
workers from on-the-job violence. The California Nurses Association, which sponsored
the bill, subsequently also filed a petition with
the board. The Cal/OSHA regulations must be
issued by June 2016.
California
Workplace violence
Under a new California law (AB 1165), employers who are cited by Cal/OSHA for health and
safety violations will no longer be allowed to
avoid fixing the problems the agency identified while they file endless appeals. In addition, employers will be required to certify that
they have corrected a violation in order to get
a reduction in the penalty.
Heat-related illnesses
Improvements to Cal/OSHAs standard to protect workers from heat-related illnesses took
effect in March 2015. Employers are now required to provide shade once the temperature
reaches 80 degrees (down from 85 degrees
previously), engage in enhanced monitoring of
workers for heat-stress symptoms, and adhere
to new emergency procedures. Additional precautions are provided for farmworkers.
Addressing Occupational Health & Safety at the State and Local Levels
21
In August 2015, the Los Angeles district attorney (DA) reached a settlement with Bumble
Bee Foods for three counts of willfully violating worker safety laws related to the 2012
death of employee Jose Melena, 62, who was
cooked alive in an industrial oven. The company agreed to pay a $6 million penalty, half of
which will be used to replace outdated ovens.
His family, which includes six children, will
receive $1.5 million from the settlement. The
DAs office also reached a plea agreement with
the plants director of operations and the companys safety manager both were charged
with felonies for their roles in Melenas death.
22
However, in June 2015, the California Labor Commission ruled that a San Francisco Uber
driver was an employee, not a contractor, and ordered the company to reimburse the
driver more than $4,000 in expenses. Uber appealed the decision, which applied to just the
one driver. In its ruling, the commission wrote: Defendants hold themselves out as nothing more than a neutral technology platform, designed simply to enable drivers and passengers to transact the business of transportation. The reality, however, is that Defendants
are involved in every aspect of the operation. The ruling wasnt the first against Ubers
worker classification, and it likely wont be the last.
Questions about worker classification are hounding other mobile app-based businesses as
well. For example, Handy, a technology platform that connects house cleaners and clients,
is also being sued by workers who say the company is unfairly denying them employee
status.
California Labor Commission ruling:
http://bit.ly/1IlK3aq
Avi Asher-Schapiro. Is Ubers Business Model Screwing Its Workers? In These Times,
Sept. 26, 2014.
http://bit.ly/1t2wjJU
damianpalus
Maryland on responsible
contracting
A workgroup examining OHS requirements
for contractors involved in public works projects delivered their recommendations to the
Maryland General Assembly in December 2014.
The tripartite workgroups task stemmed from
a law signed by Gov. Martin OMalley and
resulted in a 40-page report, including a draft
questionnaire that could be used to assess a
contractors safety program. State lawmakers
have yet to act on the recommendations.
Massachusetts
Maine and public sector workers
Employees of state and local governments are
excluded from OSHA protections pursuant
to the OSH Act of 1970. In order to get such
protections, their state must operate a program that is approved by federal OSHA and
in turn, will receive partial funding from the
federal government to operate the program.
The state of Maine received approval in August
2015 from federal OSHA for its program to
cover its public-sector employees. The state
began developing its plan in 2012. Since that
time, it has been collaborating with federal
OSHA to ensure the program would be at least
as effective as the federal OSHA program for
private-sector employees. More than 81,000
state and local employees in Maine will now
enjoy OHS rights and protections. Nationwide,
8 million public-sector workers still are not
covered by OSHA.
Addressing Occupational Health & Safety at the State and Local Levels
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Scott Weaver/USW
24
Steelworkers get to the heart of the matter in their strike (February 2015).
ferenz
Addressing Occupational Health & Safety at the State and Local Levels
25
27
Addressing Occupational Health & Safety at the State and Local Levels
Ellery/Wikimedia Commons
28
A number of factors contribute to the inaccurate tally. One is a switch within the Department of Labor from reporting all work-related
deaths to only reporting deaths in which inspectors can levy penalties. An agency spokesperson defended the practice, saying the numbers represent fatalities the safety agency can
act on. However, the news investigation found
that the agency isnt readily transparent about
the fact that the worker fatality numbers are
only a fraction of the real toll. The official state
tally now leaves out self-employed workers,
laborers at small farms, owners of unincorporated companies, and those who die in open
waters surrounding the state, as well as workers who die due to a work-related injury that
initially occurred months or years prior.
James Andrews, president of the states AFLCIO chapter, told Locke: I thought we had
something to celebrate. This, though, seems to
paint a false picture of where we are.
Mandy Locke. Many NC workers deaths go
uncounted. The News & Observer, April 11,
2015.
http://bit.ly/1PzgaKB
A top Woodgrain Millwork official told Oregon Public Broadcasting that he had no reason
to believe the building was unsafe. However,
workers interviewed for the news story reported that whenever it rained or snowed, the roof
throughout the mill facility would leak, dripping on workers and equipment. In addition,
the news outlet obtained company documents
from 2010 and 2011 that mentioned roof leaks
as a safety concern, and workers said they regularly filed complaints about the roof. Workers
recalled using buckets to catch leaking water
as they worked buckets that would fill up
every few hours. They also reported working
in cold temperatures with little heat. After
the roof collapse, Woodgrain shut down most
of the Prineville facility, laying off about 200
workers.
Oregon OSHA administrator Michael Wood acknowledged that the post-collapse inspection
could have been more thorough. Former mill
employee Peggy Murphy said of the company:
Theyre going to send you in there knowing
that that roof was bad? Thats crazy to me. To
me, thats like, this business, that product, this
money is bigger than you. Bigger than your
life, than your kids and your family.
Amanda Peacher. Workers Alerted Company
To Problems With Prineville Mill Roof Before
Collapse. Oregon Public Broadcasting, April
13, 2015.
http://bit.ly/1OThjKO
Addressing Occupational Health & Safety at the State and Local Levels
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Eugene Sergeev
30
Peer-Reviewed Literature
on Work-related Respiratory
Diseases
Prevalence of work-related asthma,
worker-physician communication
The Behavioral Risk Factor Surveillance System
(BRFSS) and the Adult Asthma Call-back Survey
(ACBS) have been enhanced in recent years to
address declining response rates, including the
addition of cell phone-only households. In the
22 states represented in the 2012 ACBS survey,
an estimated 1.9 million adults (15.7 percent)
have work-related asthma. By state, the proportion of work-related asthma ranged from 9
percent in Hawaii to more than 20 percent in
Mississippi, Missouri, Ohio, and Wisconsin.
Mazurek JM, White GE. Work-related asthma22 states, 2012. MMWR Morb Mortal
Wkly Rep. 2015 Apr 10;64(13):343-6.
www.cdc.gov/mmwr/preview/mmwrhtml/
mm6413a2.htm
Washington state researchers used the 20062009 BRFSS and ACBS to estimate the prevalence of asthma. Fifty-five percent of the
ACBS respondents believed exposures at work
caused or worsened their asthma. Yet less
than 11 percent reported speaking to a health
care provider about their asthma being work
related.
Anderson NJ, Fan ZJ, et al. Distribution of asthma by occupation: Washington State behavioral risk factor surveillance system data, 20062009. J Asthma. 2014 Dec;51(10):1035-42.
www.ncbi.nlm.nih.gov/pubmed/24995660
31
Tracy Fox
www.ncbi.nlm.nih.gov/pubmed/25712482
Fagan KM, Cropsey EB, Armstrong JL. Case cluster of pneumoconiosis at a coal slag processing
facility. Am J Ind Med. 2015 May;58(5):568-76.
www.ncbi.nlm.nih.gov/pubmed/25851166
Researchers in Michigan used data from hospitals, emergency departments, and workers
compensation to identify work-related amputations that occurred from 2006 through 2012.
BLSs SOII estimated 1,170 cases for the period,
while the multi-source surveillance system
identified 4,140 more than three times the
number of cases. Michigan OSHA conducted
173 inspections as a result of referrals from the
researchers.
Largo TW, Rosenman KD. Surveillance of
work-related amputations in Michigan using
multiple data sources: results for 2006-2012.
Occup Environ Med. 2015 Mar;72(3):171-6.
www.ncbi.nlm.nih.gov/pubmed/25391831
33
Peer-reviewed literature on
work-related musculoskeletal
disorders (MSDs)
Cost-shifting for work-related MSDs
34
The authors set out to examine whether declines in workers compensation (WC) utilization rates, based on visits to a provider, reflect
injury prevention or cost shifting to other payment systems. They used 20 years of data from
a cohort of union carpenters to compare claims
for disorders of the upper extremities (UE) and
knees submitted to WC and to a union-provided health insurance fund. WC claims for UE
and knee injuries declined by 250 percent and
300 percent, respectively, while health insurance claims for these disorders increased by
300 percent or more. The fact that WC usage
for these injuries declined while insurance usage for these same injuries increased suggests
that some injured carpenters may be relying
on their health insurance to treat injuries for
which they might have previously sought WC
coverage in effect, shifting costs from WC
insurance to traditional health insurance.
Lipscomb HJ, Schoenfisch AL, et al. Contrasting
patterns of care for musculoskeletal disorders
and injuries of the upper extremity and knee
through workers compensation and private
health care insurance among union carpenters
in Washington State, 1989 to 2008. Am J Ind
Med. 2015 Sep;58(9):955-63.
http://www.ncbi.nlm.nih.gov/pubmed/25939759
general worker population. The results suggest a shift to personal health insurance for
work-related MSDs.
Dale AM, Ryan D, et al. Comparison of musculoskeletal disorder health claims between
construction floor layers and a general working population. Occup Environ Med. 2015
Jan;72(1):15-20.
www.ncbi.nlm.nih.gov/pubmed/25224720
www.ncbi.nlm.nih.gov/pubmed/25242446
35
www.cdc.gov/mmwr/preview/mmwrhtml/
mm6420a4.htm
Wavebreak Media Ltd (Follow)
www.ncbi.nlm.nih.gov/pubmed/25261028
Heat-related Illnesses
Federal OSHA staff reported 20 heat-related
illnesses or deaths during 2012-2013 for which
the agency used its general duty clause
to cite the employer. Thirteen of the cases
involved a fatality, and nine of the deaths
www.cdc.gov/mmwr/preview/mmwrhtml/
mm6408a4.htm?s_cid=mmmm6408a4_w
Claudia Schnepf
www.cdc.gov/mmwr/preview/mmwrhtml/
mm6402a2.htm
36
Using data from the California Cancer Registry, the authors evaluated the risk of cancer
among firefighters. Based on data from 1988
through 2007 and involving 3,996 firefighters
Since 1996, OSHA has been required to convene groups of small business representatives
(SBREFA panels) to review draft proposed
regulations prior to the standard period for
public notice and comment. The authors use
agency documents obtained through Freedom
of Information Act requests to examine the
influence of trade associations in selecting the
small business representatives, including those
who do not own small businesses but instead
37
http://bit.ly/1x9Htnn
38
Jos Avila, his son Martin, and Gabriela Campos lead a Workers Memorial Day march in New Brunswick, NJ.
www.njwec.org/PDF/Reports/FINAL_Dangerinthe
Dark_Report.pdf
Narongsak Nagadhana
39
Why Not Jail?: Industrial Catastrophes, Corporate Malfeasance, and Government Inaction.
Rena Steinzor, December 2014.
http://amzn.to/1TaxW7z
http://bit.ly/1FqA9pf
40
Patibutkan Singsoot
Walmart at the Crossroads: The environmental and labor impact of its food supply chain.
Food Chain Workers Alliance, June 2014.
http://bit.ly/1RMgo16
Walmarts dominance in the retail food industry gives the firm significant power to require
Image credits, upper left to lower right; all are cropped from original format. Lewis Hine, Breaker boys working in Ewen Breaker of Pennsylvania Coal Company, 1911; Lincoln Cushing, Mujeres embarazadas! Pregnant women! 1979; Earl Dotter, cable inspectors on Verrazano Narrows Bridge,
NY, 2000; Luther D. Bradley, $acred Motherhood, 1907; Earl Dotter, Brooklyn hospital laundry workers with needles found in linens, 1997; Richard V. Correll, An injury to all, 1980; Bob Gumpert, fiberglass insulation manufacturing, Willows, Calif., 2003; Marilyn Anderson, 100 years of
solidarity, 1989; Lewis Hine, Bibb Mill No. 1, Macon, Georgia, 1909; Simon Ng, Our Times magazine (Canada), 1985; Robert Gumpert, garment presser, NY, 1983; Domingo Ulloa, Short-handled hoe, 1969. Poster designed by Lincoln Cushing 2014 in honor of workers everywhere.
.
Printed by Inkworks Press, Berkeley
www.apha.org/membergroups/sections/aphasections/occupational/
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Tatiana Belova
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ne of the most promising developments over the last year was the attention that journalists devoted to worker health and safety topics. Investigative reporters with ProPublica,
the Center for Public Integrity, and National Public Radio, among others, scrutinized issues
of deep concern to workers and their advocates. For example, The New York Times investigation
of the prevalence of safety hazards and wage violations in nail salons brought national attention
to issues faced by immigrant workers. Several of the reporters featured below were recognized
with awards for their excellence in journalism.
A number of regional media outlets also invested in reporting on worker safety topics. Deaths on
the job in Texas, and disabling injuries among construction workers at the former World Trade
Center site in New York City, were some of the topics covered in the last year. These and other
notable regional reporting are profiled in Section II of our report.
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Alexander Dubovitskiy
down nail salons acting illegally, allows unlicensed nail salon workers to register with the
state as trainees, and issued new regulations
for personal protective equipment. Lawmakers
in New Jersey also introduced legislation that
would institute random inspections annually
of at least 5 percent of nail salons and require
ventilation and other safety precautions.
Sarah Maslin Nir and colleagues. The Price of
Nice Nails & Perfect Nails, Poisoned Workers. The New York Times. May 7-8, 2015.
http://nyti.ms/1IRqSJq
http://nyti.ms/1GTmUeJ
Investigative reporters
uncover coordinated efforts
to dismantle workers
compensation
I lost a hand. I didnt lose a hook.
Whedbees story was featured in the groundbreaking WC series Insult to Injury: Americas Vanishing Worker Protections, in which
reporters Michael Grabell (ProPublica) and
Howard Berkes (NPR) examined reams of
insurance data, state laws, and medical and
court records to provide an unprecedented
look into the unraveling of WC protections.
Their investigation, which was published in
March 2015, found that since 2003, legislators
in 33 states have enacted laws that reduce WC
benefits and make it more difficult for workers whove experienced certain occupational
injuries and diseases to qualify for benefits. In
addition, employers and insurers are taking
increasing control over an injured workers
medical decisions in 37 states, workers are
now prohibited from choosing their own doctors and must pick from a list provided by employers. In California, the investigation found,
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That quote is from Dennis Whedbee, a derrickman working in North Dakota who lost part
Jeff Swensen/ProPublica
46
Michael Grabell, Howard Berkes, and colleagues. Insult to Injury: Americas Vanishing
Worker Protections. ProPublica/NPR, March
4-5, 2015.
www.propublica.org/series/workers-compensation
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Katarzyna Biaasiewicz
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To the people who continue to run an operation that puts people at risk on a daily basis,
this is a bonanza, Davitt McAteer, a former
assistant secretary of labor for mine safety and
health and an independent investigator of
three recent mine disasters, told NPR.
This is to them, I can beat this system,
McAteer added. This is the kind of attitude
that leads to mine disasters.
In response to the NPR and Mine Safety and
Health News investigation, the Inspector General at the US Department of Labor launched
an audit into how MSHA handles delinquent
mine safety penalties. Also after the series was
published, MSHA took action against a particular delinquent mine. The agency notified
the company that it had two weeks to pay
the overdue penalty or its mine would be shut
down. Within less than a hour of being shut
down, the mine owners agreed to a payment
plan; however, experts arent sure such an
approach on MSHAs part would stand up if
legally challenged.
Howard Berkes and colleagues. Delinquent
Mines series. NPR & Mine Safety and Health
News. November 2014.
www.npr.org/series/363761319/delinquent-mines
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Yvette Flore and her son Mark are featured in the Center
for Public Integritys investigation Unequal Risk.
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tomas1111
At the center of the strategy was the Shanghai Health Study, which was underwritten by
petrochemical giants such as ExxonMobil and
Shell and supposedly designed to examine the
http://bit.ly/1MPtudL
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However, the article did highlight some positive trends, such as a project at the B Lab, a
nonprofit that uses the power of business to
solve social and environmental problems. The
project certifies participating companies as
ethically sound, though that might not always
mean a certified company upholds the highest labor standards. The article also cites the
Diners Guide to Ethical Eating, an app from
the Restaurant Opportunities Centers United
that helps users find establishments that meet
certain employment standards.
Stephen Lurie. You care about where your
food comes from. Shouldnt you care about
who grew and picked it? Vox. April 2, 2015.
www.vox.com/2015/4/2/8203301/foodmovement-labor
Workplace surveillance
endangering health and safety
Management by stress is pushing workers to
the brink, reports Jessica Bruder, who investigated the impact of workplace surveillance on
worker health and safety. For example, at UPS,
drivers are monitored constantly, with metrics
being collected on everything from when a
driver buckles a seat belt to when the trucks
bulkhead door is opened. Known as telematics,
the ability of management to gather real-time
data on a workers every movement means
workers are under constant pressure to work
as quickly as possible and they must often
justify the simplest acts, such as taking time
123branex
to use the bathroom. One worker told Bruder: Its like youre fighting for your job every
day. They harass you: Why did it take you 10
minutes here? Why did it take you this long
there? They want you to hate your job and
quit so they can hire somebody at half the
pay.
Bruder interviewed Laura Graham, a seasonal
worker at an Amazon warehouse. Her work
tasks were constantly being timed so much
so, that when a mistake put her five minutes
behind, her supervisor tracked her down to
scold her. The constant pressure took a toll on
Graham, who was eventually diagnosed with
a painful foot condition. To compensate, she
took ibuprofen for the pain and kept off her
feet when she wasnt at work. Bruder noted
that decades ago, experts had predicted technology would transform productivity and be
a boon for workers. But while technology has
indeed increased productivity in dramatic fashion, almost all of the gains have been turned
into corporate profits, with CEOs now making
nearly 300 times as much as the typical worker.
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Payphoto
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his year Occupational Health and Safety researchers published papers addressing a wide
range of hazards, involving unique worker populations, analyzing injury and illness trends,
and reporting on interventions. The following list represents some of the best from the last
12 months. Those marked with * are profiled in Section III of this report.
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Foster CA, Dissanaike SD. Prevalence and consequences of positive blood alcohol levels among
patients injured at work. J Emerg Trauma Shock.
2014 Oct;7(4):268-73.
Han K, Trinkoff AM, Geiger-Brown J.Factors associated with work-related fatigue and recovery in
hospital nurses working 12-hour shifts. Workplace Health Saf. 2014 Oct;62(10):409-14.
Joe L, Roisman R, et al. Using multiple data
sets for public health tracking of work-related
injuries and illnesses in California. Am J Ind Med.
2014 Oct;57(10):1110-9.
Wuellner SE, Bonauto DK. Exploring the relationship between employer recordkeeping and
underreporting in the BLS Survey of Occupational Injuries and Illnesses. Am J Ind Med. 2014
Oct;57(10):1133-43.
Anderson NJ, Fan ZJ, et al. Distribution of asthma by occupation: Washington State behavioral
risk factor surveillance system data, 2006-2009.
J Asthma. 2014 Dec;51(10):1035-42.
Kica J, Rosenman KD. Surveillance for work-related skull fractures in Michigan. J Safety Res.
2014 Dec;51:49-56.
Dale AM, Ryan D, et al. Comparison of musculoskeletal disorder health claims between
construction floor layers and a general working population. Occup Environ Med. 2015
Jan;72(1):15-20.
Tucker S, Turner N. Sometimes it hurts when supervisors dont listen: the antecedents and consequences of safety voice among young workers.
J Occup Health Psychol. 2015 Jan;20(1):72-81.
Arcury TA, Kearney GD, et al. Work safety
culture of youth farmworkers in North Carolina: a pilot study. Am J Public Health. 2015
Feb;105(2):344-50.
Delp L, Riley K. Worker engagement in the
health and safety regulatory arena under changing models of worker representation. Labor
Studies Journal. Feb 2015.
Mazurek JM, White GE, et al. Patient-physician
communication about work-related asthma:
what we do and do not know. Ann Allergy Asthma Immunol. 2015 Feb;114(2):97-102.
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Lipscomb HJ, Nolan J, Patterson D. Musculoskeletal concerns do not justify failure to use safer
sequential trigger to prevent acute nail gun
injuries. Am J Ind Med. 2015 Apr;58(4):422-7.
Forst L, Friedman L, et al. Spatial clustering of
occupational injuries in communities. Am J Public Health. 2015 Apr 23:e1-e8.
Gomaa AE, Tapp LC, et al. Occupational traumatic injuries among workers in health care facilities
- United States, 2012-2014. MMWR Morb Mortal
Wkly Rep. 2015 Apr 24;64(15):405-10.
Lipscomb HJ, Schoenfisch AL, et al. Workers
compensation claims for musculoskeletal disorders and injuries of the upper extremity
and knee among union carpenters in Washington State, 1989-2008. Am J Ind Med. 2015
Apr;58(4):428-36.
Mazurek JM, White GE. Work-related asthma22 states, 2012. MMWR Morb Mortal Wkly
Rep. 2015 Apr 10;64(13):343-6.
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Kearney GD, Rodriguez G, et al. Work safety climate, safety behaviors, and occupational injuries
of youth farmworkers in North Carolina. Am J
Public Health. 2015 Jul;105(7):1336-43.
Leigh JP, Markis CA, et al. Californias nurse-topatient ratio law and occupational injury. Int
Arch Occup Environ Health. 2015 May;88(4):47784.
Tsai RJ, Luckhaupt SE, et al. Risk of cancer
among firefighters in California, 1988-2007. Am
J Ind Med. 2015 Jul;58(7):715-29.
Mason KL, Retzer KD, et al. Occupational fatalities during the oil and gas boom - United States,
2003-2013. MMWR Morb Mortal Wkly Rep. 2015
May 29;64(20):551-4.
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