Labor Perspectives on Occupational Safety and Health Tom O’Connor, National Network of Committees on Occupational Safety and Health.

Labor Perspectives on Occupational Safety and Health

Tom O’Connor, National Network of Committees on Occupational Safety and Health

Objectives To understand the primary elements in the

perspective on occupational health and safety among labor union representatives.

To understand the primary criticisms labor unions have of current U.S. occupational safety and health policy.

To identify examples of health and safety campaigns undertaken by labor unions.

Labor Union Philosophy regarding OSH Fundamental problems of worker health and

safety are not technical but tied to power relations and control between workers and management

Worker participation in development and implementation of OSH programs is critical to their success

OSHA programs must have strong enforcement and penalties large enough to have strong deterrent effect

…Labor Union philosophyWork injuries are primarily caused by

unsafe conditions not worker behaviorWorkers’ knowledge of rights and

willingness to use them are key to safer working conditions

Meeting OSHA standards is not good enough: should strive for maximum hazard reduction possible

Are technical solutions enough?Labor unions argue that while technical

solutions to OSH problems are essential, they are insufficient to provide a safe and healthy work environment: other factors such as active worker involvement, workers’ ability to refuse hazardous work and to exercise other safety/health rights are critical.

Workers’ Rights to take ActionRight to refuse dangerous work: must

be a real right, not just on paperRight to file a complaint and get an

inspection without fear of retaliationRight to accompany an inspector on a

walkaround of the workplaceRight to obtain information on hazards

of materials with which they work

Legal Rights and Union backingUnions argue that rights are

meaningless without adequate enforcement: in most non-union workplaces, legal rights are impossible to enforce.

Better protections often available through union contracts than through OSHA law.

Worker Participation EssentialWorkers must be involved in every

aspect of the development and implementation of OSH programs to ensure their success

Many studies have supported the labor view that worker participation is key for safety and health as well as quality

Worker involvement must be meaningfulWorkers must not be merely “window

dressing” on joint health and safety committees, but must have meaningful roles and believe that they can influence policies and practices.

What Causes Work Injuries? Increasingly popular “Behavior-based

Safety” programs emphasize worker behavior as key to causing injuries.

These programs often offer “Safety Incentives” to individual or groups of workers for injury-free records

Safety Incentives, e.g., a cash bonus for no reported injuries: What’s the Problem?

“Safety Incentives” Many unions say that these programs unfairly

“blame the worker” and miss the true cause of most injuries: unsafe working conditions.

Unions say these programs provide incentives not to report injuries and result in underreporting, not in actual injury reductions.

Organizational Factors influence health and safety In recent years, unions focus more on the

contribution of organizational factors to safety and health conditions.

Of particular concern: contracting out, downsizing, speed-ups, shiftwork, excessive overtime.

Fewer workers + longer hours + greater demands = more work injuries and illnesses

Adequate Enforcement EssentialUnion view is that main purpose of

government safety agencies is to enforce the law and that it must have adequate resources to do so.

Argue that OSHA’s resources are inadequate to the task—few inspectors for hundreds of thousands of workplaces.

OSHA Staffing & BudgetOSHA budget in 2003 sufficient for

2,313 full-time equivalent positionsDown from peak of 2,951 in 1980.Budget is equivalent to $4.15 per

private sector worker.

Adequate Enforcement Staff?On average, federal OSHA and state

programs have enough inspectors to visit each workplace once every 80 years.

Ranges from every 14 years (Nevada) to every 244 years (Louisiana)

Penalties : A credible deterrent?

Farm pays fine for violations stemming from worker's death

“A Sioux Center, Iowa, farm has paid $1,125 in fines for violations connected to an employee's death this summer.” (Sioux City Journal, Sept. 30, 2003)

Worker died from lack of oxygen in liquid storage tank. No training done despite well-known hazard.

…PenaltiesAverage penalty nationally for serious

citation (for conditions causing substantial probability of death or serious physical harm) is $886.

Average penalty (serious) by state range from $269 (Oregon) to $4,996 (California.)

Public Employees Left outStates given option of covering public

employees in state-run programs.8.3 million state and local government

employees around the country are not covered by OSHA protections. (26 states plus D.C. do not provide OSHA coverage to public employees.)

Management Accountability: Lawsuits & Criminal Prosecution Unions support holding management

executives accountable for gross negligence leading to death in the workplace.

Successful prosecutions rare but not unknown (e.g., Imperial Foods case)

Growing momentum in the U.K. for more criminal prosecutions for flagrant violations of safety and health laws.

Workplace Health PromotionSome suspicion among unions of

programs that emphasize lifestyle factors over work hazards.

But programs that address both factors may meet with receptive audience among union members.

Labor unions and worker health and safety “It is important to recognize that

throughout the often tragic history of worker health and disease, the worker played a primary role as the basis of every significant improvement in legislation, factor inspection, compensation, correction, and prevention…”

…Labor and OSH improvements “…Labor unrest, protests, strikes,

lawsuits, and catastrophes were vital catalysts in obtaining action.”

Herbert Abrams, “A Short History of Occupational Health” in Advances in Modern Environmental Toxicology 22: 33-71 (1994)

Labor OSH Campaigns

“Fatigue Kills” Truck Drivers

“Safer Needles” Campaign

Australian work hours campaign

Labor’s LimitationsDecline in memberships, particularly in

U.S., means less power, fewer resources

No consensus within labor movement that OSH programs deserve significant share of declining resources

Summary of Union Views Technical solutions to OSH problems must be

accompanied by sufficient worker empowerment and authority to protect their health and safety.

OSHA’s primary role should be to enforce the OSH Act and sufficient resources must be allocated to enable this function.

Unsafe conditions, not unsafe worker behavior is the primary cause of job injuries.

For more information:AFL-CIO’s Health and Safety page:

www.aflcio.org/yourjobeconomy/safety/ “Hazards” Magazine website:

www.hazards.org/index.htmNational COSH Network website:

www.coshnetwork.org

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