NYCOSH Newsline: October 7, 2011

  NYCOSH CALENDAR:

NYC CLC-NYCOSH 2011 S & H SERIES

OSHA and You II:

How We Can Work Effectively Together

Tuesday, October 18, 2011, 9:00 - 12:00 noon

275 7^th Avenue , room 1644. New York City

This Forum will review techniques for filing good complaints with OSHA, and help union reps develop basic skills for participation in "informal conferences" and formal settlements and hearings after employers formally appeal OSHA citations. It will feature a small group exercise coordinated by Laura Kenny, Labor Liaison to OSHA and a real life example of an OSHA success story at NYU by Greg Succop of AFT, UCATS, Local 3882.

Presentors:

Richard Mendelson, Deputy Regional Administrator, OSHA Region II

Eric Frumin, Director, Safety & Health, Change to Win

National Worker Health and Safety Conference and Summit

October 28-29

Maritime Institute, Baltimore , MD

Workshop Topics Include:

* Building Effective Safety Programs and Campaigns
* Worker Legal Rights & Responsibilities * Workplace Health & Safety Issues * Health & Safety Coalition Building * Multi-lingual Resources for Health and Safety Trainers and Activists * Strategies for Taking Action

This conference is sponsored by National COSH & affiliate organizations.

REGISTRATION INFORMATION AVAILABLE AT: www.coshnetwork.org/node/395

New report shows that OSHA has been prevented from pssuing lifesaving rules; Congress, Presidents, U.S. Supreme Court have obstructed regulatory process .

Public Citizen, Press Release, Oct. 5, 2011

The Occupational Safety and Health Administration (OSHA) has produced regulations in the past decade at a far slower rate than ever before, postponing rules that would have prevented more than 100,000 serious injuries, more than 10,000 cases of illness and hundreds of fatalities, a new Public Citizen report shows. Today, the U.S. House of Representatives' Subcommittee on Workforce Protections, part of the Education and the Workforce Committee, is holding a hearing on a proposed appropriations bill that would further thwart OSHA's rulemaking abilities.

The report, "OSHA Inaction," found that since 2001, OSHA has produced just one new health or safety standard every 2.5 years. Previously, the agency produced an average of 2.6 rules per year, the report found. Individual OSHA regulations have been delayed for as long as 31 years, and the agency has been unable to address a wide array of common workplace hazards. Presidential administrations, Congress and the U.S. Supreme Court have all had a hand in slowing down the rulemaking process.

"The requirements on OSHA have nearly paralyzed the agency," said Justin Feldman, worker health and safety advocate with Public Citizen and author of the report. "As a result, OSHA cannot adequately protect workers from toxic chemicals, heat stress, repetitive use injuries, workplace violence and many other occupational dangers. Inadequate regulation imposes tremendous costs on workers, who may be forced to pay with their health or even their lives." (more)

Republicans in roofing industry oppose roofing regulations

InTheseTimes.com/working. Oct. 6, 2011

According to data from the Bureau of Labor Statistics, between 2003 and 2010, 176 roofers died on the job. Until December 2010, roofing residential contractors were exempt from rules that regulated safety protections about preventing falls in construction. Last December, OSHA issued a rule change that put safety standards and required roofers working in residential roofing to use safety harnesses.

This ruling change has upset some like U.S. Rep. Reid Ribble (R-Wis)who have a direct financial interest in the roofing industry. Congressional financial disclosure documents show that in 2010 Ripple received more than $50,000 (PDF) in interest payments as a result of the sale of a roofing company he previously owned. In addition, last year Ripple received $17,000 (PDF) in salary from the roofing group. Ripple also served as the previous President of the National Roofing Contractor Association from 2005-2006. The National Roofing Contractor Association contributed $10,000 in to Ripple's campaign for Congress.

Despite not being a member of the subcommittee holding hearings on workplace safety proposal, Congressman Ribble felt it was necessary to show up to the hearing of the Workforce Protection Subcommittee of the House Education and Workforce Committee and to criticize the Occupational Safety and Health Administration (OSHA) for its role in pushing new workplace safety regulations. It is unusual that Ribble would show up to ask tough question at a hearing on a subcommittee that he was not a member of, but when you consider Ribble's deep financial ties to the roofing industry and past history of OSHA violations, it is not so surprising that Ribble would show up. (more)

House demands a responsible regulatory environment; OSHA lobbies for jobs and safety , EHSToday, Oct. 5, 2011

Rep. John Kline (R, Minn.), in a hearing Oct. 5 before the Committee on Education and the Workforce Subcommittee on Workforce Protections, made it clear that Congress believes the fewer regulations coming out of OSHA the better, even if it means putting a stop to the proposed Injury and Illness Prevention Program standard, halting the addition of a column for musculoskeletal disorders on the OSHA 300 Log and offering no new regulatory action on silica or fall protection for roofers.

According to Kline and Subcommittee Chair Tim Walberg (R, Mich.), these and other proposed OSHA standards are "job-killing" regulations. "As great a challenge workplace safety is for an agency staffed with sharp policy minds, imagine how much greater it is for an employer who lacks the resources needed to fully grasp the complexities of federal safety standards," said Walberg in his opening statement.

Added Walberg, "The underlying fear is the uncertainty surrounding much of the administration's regulatory actions. As I noted earlier, these are difficult issues to address and they take time to get right. But we must not ignore the employers who are sitting on the sidelines, questioning the future cost of doing business, reluctant to hire new workers."

Rep Timothy Bishop (D, N.Y.) disputed the opinion of his colleagues, noting that a recent article stated that in 2008, only four-tenths of 1 percent of employers claimed that regulations were the reason they were not hiring additional employees. In subsequent years, even fewer numbers of employers - two-tenths of 1 percent - stated regulations kept them from hiring, while "lack of demand" was listed as a top reason why employers were reducing work forces or holding off on hiring. These numbers, said Bishop, clearly show that federal regulations are not job killers.

In testimony, Assistant Secretary of Labor Dr. David Michaels, said "There's always accusations that OSHA regulations will cost jobs... We know that OSHA regulations don't kill jobs, they stop jobs from killing workers."

Testimony:

Statement of David Michaels, PHD, MPH, Assistant Secretary

Occupational Safety and Health Administration,

United Sates Department of Labor

Before the

the Committee on Education and the Workforce

Subcommittee on Workforce Protections,

United States House of Representatives,

October 5, 2011

Testimony of Peg Seminario, Director of Safety and Health

Before the House Subcommittee on Workforce Protections,

Committee on Education and the Workforce

Hearing on

"Workplace Safety: Ensuring a Responsible Regulatory Environment"

October 5, 2011

LIUNA General President Terry O'Sullivan: "Seven regulatory myths we need to debunk , " Life Lines online, Oct, 2011

"Thanks to many conservative groups and politicians, 'regulation' has become a dirty word in America," says LIUNA General President Terry O'Sullivan. "But we need to be clear: Government is vital in society, and regulation is absolutely necessary to keep the bad actors in line. Every Laborer and signatory employer needs to fight these myths. We need to affirm the value of sound, fair, enforced regulatory programs at both the state and federal levels."

Jury awards former workers at Fort Worth's Lear's Arlington plant more than $280,00. Fort Worth Star Telegram, Oct. 4, 2011

Three women who say they were fired by Lear Corp. for filing workers' compensation claims have been awarded more than $280,000 in lost wages and damages by a Tarrant County district court jury. The workers, who were terminated in October 2009, plan to petition Judge Donald Cosby for an order reinstating them to their jobs.

By a 10-2 verdict, the jury sided with the claims of Phyllis Carolina, Karen Rogers and Ronda Alexander, all of whom said they suffered serious injuries while working at Lear's Arlington plant. Carolina was awarded $124,666, Alexander, $82,814, and Rogers, $80,000.

"It was a victory for workers in corporate America's war on the middle class," said Jason Smith, a Fort Worth lawyer who represented the women. Lear, based in suburban Detroit, manufactures seats for the sport utility vehicles produced at General Motors' Arlington assembly plant. Lear spokesman Mel Stevens said he could not comment on "any litigation until it is resolved."