District 2 Electrocution Fatality Settlement Agreement

In October, 2006, Marvin Benson, a member of CWA Local 2100 employed as a lineman by Verizon, was electrocuted while installing aerial FIOS cable within close proximity to a power line. While holding the cable lead, he threw the lead threw the branches of a tree (which was obstructing the work). Unfortunately, the lead fell on the 7600 volt power line transferring the electrical energy to Marvin- causing his death. In turn, in coordination with the Union’s Occupational Safety and Health Department, Mark Balsamo, Executive Vice President, CWA Local 2100 and member of the joint CWA District 2/Verizon occupational safety and health committee, conducted a fatality investigation. Subsequently, he filed a complaint with the Maryland Occupational Safety and Health Administration (MOSH) alleging Verizon had not provided Marvin with safe and healthful working conditions/was in violation of certain provisions of the OSHA Telecommunications Standard. MOSH conducted an investigation finding Verizon in violation of three identified OSHA standards.

After receipt of the MOSH notification, Verizon contested the citations. During this appeal process, CWA and MOSH initiated discussions for the purpose of developing a proposed settlement agreement with the Company. In turn, a proposal was submitted to and accepted by Verizon. Effective September 1, 2007, the settlement agreement calls for the Company to develop and conduct training and education by March 1, 2008 on the following topics:

• The importance of  power (electrical hazards) awareness
• Power line contact with vehicles, including aerial lifts
• Identification and recognition of electrical hazards
• Health effects from exposure to and/or contact with electric power and
• Resolving health hazards through:
  
  1. Education and training
  2. Properly designed equipment and tools and
  3. Utilization of personal protective equipment.

Of extreme importance, Verizon agreed to include all outside plant technicians (except for central office technicians) employed within the State of Maryland “whose job responsibilities require them to work in proximity to electrical power lines” in the power awareness training and education program.

Following discussions between CWA and the Company, Verizon has agreed to train all outside plant technicians within District 2, i.e., Maryland, Washington, D.C., Virginia, and West Virginia within the six-month time frame of the agreement, i.e., by March 1, 2008. At present, CWA is involved in further discussions with the Company to expand coverage of the training and education to other districts which represent Verizon workers.  

Attached is a copy of the MOSH Settlement Agreement.