2018: The Workplace Safety and Health Year in Review

Weekly Toll

As we sit here mired in yet another pointless government shutdown stranding tens of thousand of workers without paychecks, we pause to reflect over the past year in workplace safety and health. The madness in Washington DC continues, and while we can’t make any guarantees for the White House or the Senate, things are at least looking up in the House of Representatives.

Meanwhile, the indefatigable Confined Space team (of one) has posted almost 250 times over the past year, talking about the carnage in American workplaces, but also the victories of unions, activists and dedicated government officials. I can’t honestly say I did it ALL by myself. I was aided by the many of you who sent me articles and story ideas that I never would have noted, and those of you who give me the inspiration to go on when I’d really rather be binge-watching some some addictive Netflix series, reading a book or riding my bike. (Actually, I manage to do enough of that as well.)

The real story, of course, continues to be the more than five thousand workers who go to work and never come home, the tens of thousands who die each year from occupational diseases like black lung, silica-related disease and work-related cancers, and the millions of workers who are seriously injured every year in preventable incidents.  The struggle continues as we hope that the lessons of 2018 will help make 2019 a better one for this nation’s working people. 

  1. A New and Improved Congress (or at least the House): The long awaited Blue Wave hit the House of Representatives full force last November, bringing with it real oversight hearings, better budgets and legislation: Donald Trump — along with the Department of Labor and OSHA — don’t know what’s about to hit them come the new Democratically controlled congress and its ability to exercise its oversight function to ensure that Labor Department agencies actually work to fulfill the mandate that Congress has given them.  In a symbolic move, the House has already changed the committee name back to the Committee on Education and Labor, instead of the rather anodyne in impotent “workforce.” But real work is on deck. Workplace safety and health hearings are already being planned, as well as legislation to move improve worker protections. While it’s unlikely that any pro-worker legislation will pass the Senate or be signed by the President, we can expect new ideas and new energy: Rumor has it that a record number of new Democratic House members want to be on the Education and Labor Committee. Something to look forward to.

  2. OSHAA Headless Agency: By the end of January, OSHA will move into its third year without an Assistant Secretary — a new record in the 48-year history of the job-protection agency. The confirmation of Trump nominee Scott Mugno remains mired down in a fight between HELP Committee Ranking Member Patty Murray (D-WA) and Republicans who don’t want to confirm Democratic nominees for the National Labor Relations Board (NLRB) or the Equal Employment Opportunity Commission (EEOC.) The lack of an Assistant Secretary hits particularly hard as other OSHA veterans like Region 8 Administrator Greg Baxter and long-time Director of Enforcement Tom Galassi also retire.  Meanwhile, Deputy Assistant Secretary Loren Sweatt continues to labor on, almost alone in the once hyper-active Assistant Secretary’s office — no doubt looking forward to testifying at OSHA oversight hearings this year. 

  3. Inspectors down, enforcement units down, penalties down: The number of OSHA inspectors has hit an all-time low according to data compiled by Bloomberg Environment Reporter Bruce Rolfsen in November. “The agency ended fiscal 2018 with 753 inspectors, compared to 860 at end of fiscal 2014, the personnel data, obtained through a Freedom of Information Act request, show.” And that means fewer serious injuries being investigated.  And last June, The National Employment Law Project (NELP) issued a report showing that worksite enforcement activity by the Occupational Safety and Health Administration is declining under the Trump administration. Secretary of Labor Alex Acosta likes to boast that OSHA conducted slightly more inspections in the last two fiscal years than they did in the last year of the Obama administration, but NELP points out that in FY 2017 OSHA changed the way it counts inspections. Instead of just counting the number of inspections conducted, OSHA moved to counting Enforcement Units. And those numbers under Acosta don’t look quite as good as they did under Obama. Things also don’t look too good for workers in at least one state plan state, Kentucky, which suggests that OSHA’s oversight over state plans (which run almost half the country’s OSHA programs) may be weakening as well. 

    mine safety
    Photo by Earl Dotter www.earldotter.com
  4. Return of Black Lung: After almost being eradicated in the late 1990s, black lung is back, with a vengeance. Epidemiologists at the National Institute for Occupational Safety and Health say they’ve identified the largest cluster of advanced black lung disease ever reported, according to an NPR story by Howard Berkes last January. The cause is not just coal dust, but also silica exposure, caused by cutting through more quartz rock as the coal seams get smaller.  Berkes recently filled out the story alleging that the failure of regulatory agencies to understand what was happening and respond are largely to blame for the new epidemic. Meanwhile, making things worse, the state of Kentucky is killing the messenger by no longer allowing radiologists to diagnose black lung. Only pulmonologists will be allowed to review black lung cases, but there are only six pulmonologists in Kentucky that have the federal certification to read black lung X-rays and four of them routinely are hired by coal companies or their insurers.

  5. Brett Kavanaugh: Republicans confirmed a Supreme Court justice who, in addition to his questionable behavior around women, displayed shockingly little knowledge of the Occupational Safety and Health Act, and even less understanding of workers’ struggle to survive in the workplace. After a Orca (aka “Killer Whale”) dismembered and drowned a SeaWorld trainer, Kavanaugh dissented in a court case challenging the resulting OSHA citation. Kavanaugh wrote that OSHA had paternalistically interfered in a worker’s right to risk his or her life in a hazardous workplace, that OSHA had violated its long-standing precedent not to get involved in sports or entertainment, that the agency had no authority to regulate in the sports or entertainment industries and that Congress — and only Congress — could give OSHA that authority. While none of this was true, Kavanaugh nevertheless doubled down on these assertions during his Senate confirmation hearing. Kavanaugh’s opinion related to other workers’ rights issues were not much better.  Nevertheless, today he sits on the Supreme Court. 

  6. Regulatory Rollback: OSHA is struggling valiantly to roll back regulations that protect workers and slow down those under way, to fulfill the visions of Donald Trump, Republicans in Congress, and Corporate America. Happily, the curse of OSHA — how impossibly long it takes to issue any single health and safety standard — has become a blessing for workers because it takes almost as long to repeal a standard as it takes to issue a new one.  Nevertheless, OSHA is in the process of attempting to weaken beryllium protections for construction and maritime workers, and striving to roll back a major section of the “electronic recordkeeping” regulation. The good news is that the courts not only upheld OSHA’s silica standard, but also told the agency to add more worker protections or at least explain its decision not to.

    While the road to roll back regulations is long and difficult, the agency’s chance of stopping any significant new workers protections from being finalized is much better. Standards to protect workers from infectious diseases and chemical plant hazards languish on the agency’s “long-term agenda,” while other standards are unlikely to see the light of day anytime in the near future because of Trump’s “one-in, two-out” regulatory budget. 
    Other agencies, such as the Department of Agriculture, also contribute to increase hazards for workers by allowing poultry processing facilities to increase line speeds. And EPA is close to repealing Obama era chemical plant safety protections, and the Department of Labor’s Wage and Hour division is in the process of allowing 16-year-olds to operate potentially hazardous patient lifts.  Bad news not only to workers, but to residents living near chemical plants — and granny in the nursing home.

  7. Methylene Chloride:  The Obama administration had proposed to ban the use of Methylene Chloride due to the deaths of numerous workers and citizens who weren’t aware of the highly hazardous properties of the solvent in enclosed spaces. 

    Obama’s EPA, under former EPA Administrator Scott Pruitt, agreed with chemical manufacturers, and decided that a ban wasn’t a very good job. Obviously, if consumers and workers couldn’t read between the lines of the ineffective warnings on the containers, they deserved to die.  After some hard questioning at Congressional hearing, and meeting with family members of the victims of methylene chloride, Pruitt reversed himself and sent the ban to the White House for review. Although the ban has not yet emerged from the dark, dank dungeons of the White House, family members and other organizations like the Natural Resources Defense Council, the Environmental Defense Fund Green Chemistry and Commerce Councils, and Safer Chemicals, Healthy Families, aren’t waiting around. They have succeeded in pressuring retailers like Lowes, Home Depot, WalMart, Sherwin Williams, Home Hardware and True Value to stop selling the product. Organizing and citizen action works, even in Trump times.


  8. The Fate of the Labor Movement: A strong labor movement is good for workers and good for workplace safety. This year has seen ups and downs for the fate of American labor movement.  On the down side, in June, the Supreme Court handed down its Janus decision fulfilling the dreams of corporate America in its quest to weaken not just public employee unions, but the labor movement in general. But public employee unions are not going gentle into that good night. They are fighting back, convincing their members that union membership is the best bargain they’ll find.  And, as labor reporter Steve Greenhouse describes, 2018 saw “a startling surge of strikes in both the private and public sectors” — tens of thousands of teachers in West Virginia, Arizona, Colorado, Kentucky, and North Carolina went on strike and hotel workers struck in Chicago, Boston, Detroit, Honolulu, and San Francisco. And “15,000 patient-care workers, including radiology technicians, respiratory therapists, and pharmacy workers, held a three-day strike against the University of California’s medical centers in Los Angeles, San Francisco, San Diego, Irvine, and Davis. An additional 24,000 union members, including truck drivers, gardeners, and cooks, struck in sympathy.” Even 20,000 Google workers walked out to protest how the company handled sexual harassment accusations against top managers.

    The other bad union news was the elimination of the health and safety offices in the Service Employees International Union and the American Federation of Teachers, continuing the general reduction of health and safety staff still working in American labor unions — not a good thing for the health and safety of American workers, organized or unorganized. 

  9. Journalism: American workers continue to suffer and die in obscurity and the agencies tasked to protect them remain seriously underfunded and legally handicapped. The only hope for many of these workers lies with the excellent investigative pieces published by this country’s dwindling corps of investigative journalists, especially those who focus on labor and health & safety issues. Longtime labor Charleston Gazette-Mail labor reporter Ken Ward received a McArthur Genius Award for his reporting about labor and environmental issues in West Virginia. Ward is teaming up with ProPublica for more hard-hitting pieces in the future.  Retiring National Public Radio reporter Howard Berkes has produced two powerful investigative pieces on the return of black lung disease among the nation’s coal miners. (Here and here.) He will be missed. Veteran investigative reporter Jim Morris at the Center for Public Integrity continues his excellent work, most recently with a story on the deaths of oil field workers and problems at Kentucky OSHAJamie Satterfield at the Knoxville News Sentinel published a hard-hitting piece on the health problems suffered by workers who cleaned up the massive coal-ash spill at the Tennessee Valley Authority Kingston Fossil Fuel Power Plant. You can listen to an interview with Satterfield hereAntonia Juhasz of Pacific Standard about the workers working and dying on the Dakota Access Pipeline and how difficult it is for OSHA to enforce safe working conditions.   Will Evans of Reveal and the Center for Investigative Reporting has focused relentlessly on electric car maker Tesla and documented how the company put style and speed over safety, was hiding injuries and ignoring the concerns of its own safety professionals.  Eli Wolfe of Fair Warning wrote a devastating piece about worker deaths on small farms and how Congress prohibits OSHA from investigating incidents on farms that comprise about 93 percent of U.S. farms with outside employees, employing more than 1.2 million workers. ProPublica’s Kara Feldman penned an investigative piece into the death of Mouctar Diallo, age 21, a Guinean immigrant crushed to death in 2017 by a 40 ton garbage truck, and the plight of New York’s unorganized and mostly immigrant garbage collectors. Chemical and Engineering News reporter Jeff Johnson keeps us up-to-date on goings-on at the Chemical Safety Board here and here. And Kartikay Mehrotra, Peter Waldman and Jonathan Levin of Bloomberg News have written a long piece on how the growing threat of deportation is causing immigrant workers endure abuses in jobs Americans don’t want.

    And I just want to give a shout-out to some of my favorite labor/OSH/environment reporters:  Labor reporter Steve Greenhouse who continues his eloquent defense of workers even (or especially) after his retirement from the New York Times.  And then there’s Juliette Eilperin and the team at the Washington Post, David Kay Johnston who follows worker issues at DC ReportSuzy Khimm at NBC, Mike Elk of Payday Report, Wooty Sixel at the Houston Chronicle, and . And honorable mention of those who labor for labor at various news bureaus: Rebecca Rainey who has graduated from Inside OSHA to heading up the team at Politico’s Morning Shift. Rebecca’s replacement at Inside OSHA, Ariana Figueroa, and, of course the Bloomberg labor/OSHA team: Josh Eidelson, Sam Pearson, Bruce Rolfson, Peter Waldman.

    And while they’re not exactly journalists, this is probably a good place to recognize those academics and public interest people (some of whom are former colleagues) who are continuing the battle for worker justice by providing the research and perspective that go into many of the above pieces. My old OSHA colleagues David Michaels, now at George Washington University and Debbie Berkowitz, now working at the National Employment Law Project, both of whom write prolifically in defense of workers’ right to a safe workplace. And, of course, Sharon Block, Executive Director, Labor and Worklife Program at Harvard Law School who writes frequently in OnLabor (along with many colleagues), Shanna Devine at Public CitizenKatie Tracy of the Center for Progressive Reform and former Labor Deputy Secretary, rising pundit and my favorite Twitter contributor Chris Lu.

    And finally, while it’s not exactly great journalism, my appearance on MSNBC last January marked the longest cable television coverage of OSHA issues all year.
  10. The Bottomless Swamp: This year happily saw the resignation of two of the Trump administration’s leading swamp monsters: Scott Pruitt and Ryan Zinke — as well as the resignation and firing of a record number of other high administration officials either because they could no longer look themselves in the mirror in the morning, or because Trump tired of whatever residual residue of integrity they had left. Are things better now. Not so’s you’d notice.Acosta As New York Times reporter Eric Lipton tweeted, “As of Thursday, DOD will be run by a former senior Boeing executive. EPA is run by a former coal lobbyist. HHS is run by a former pharmaceutical lobbyist. And Interior will be run by a former oil-industry lobbyist. Welcome to 2019.”  Meanwhile, even the Mr. Clean of the Trump Administration, Labor Secretary Alex Acosta had a bit of a bumpy road in 2018 as the Miami Herald detailed how he gave Palm Beach multimillionaire sex abuser Jeffrey Epstein a legal break when Acosta was Miami’s top federal prosecutor. What will this mean for the comparatively moderate Acosta? Who knows? But even if he survives as Labor Secretary, his chance of ever seeing a coveted federal judicial appointment seems all but vanished.  Oh well, we could have worse Labor Secretaries.

 

So that’s it for 2018. I’m sure I’ve missed a few significant happenings and great people. But that’s why we have comments, below. Feel free to use them to supplement my musings. 

 

Alex Acosta Beryllium Brett Kavanaugh Congress Enforcement Environmental Protection Agency Mine Safety MSHA Occupational Disease OSHA Regulations and Standards Scott Mugno State Plan States Year in Review

8 Comments

  1. Jordan is it okay for me to paste this onto my LinkedIn page??
    You ride bikes??? I’m commuting back and forth on an ebike.
    Ernie Schulze

  2. It is very unfortunate that you never report on the good efforts nationwide that is taking place in every state in the nation and continue to make workplace safety and health political. You failed to mention in your blog that OSHA recently issued a final rule on “Crane Operator Certification Requirements” near the end of 2018…….. work started during the Bush Administration…which Clinton supported through negotiated rulemaking on Cranes and Derricks….as he did with revising the steel erection standard through negotiated rulemaking as part of Clinton’ Efforts for OSHA reform to bring labor, industry and government together to solve problems and work in unison to protect America’s workers. Your tenure at OSHA did not result in issuing a final rule on “Operator Requirements”. You also fail to mention how your administration stuffed special emphasis programs down state plan programs where they may not have had a problem. You folks wiped out the “Focus Four” inspection programs , alliances and partnerships. You all did not work as “partners” with state plan states. You never mention that the National Safety Council had 15,OOO attendees at its 2018 Congress and Expo in Houston, or the American Society of Safety Professional’s (ASSP) Professional conference last summer or it’s upcoming Seminarfest being held in Las Vegas at the end of January. ASSP has chapters in every state in the nation that holds monthly meetings and annual seminars. The oil and gas industry in West Virginia has an organization called “Appalachian STEPS” that meet bimonthly to focus on safety and health. You also fail to mention the Latino Worker Safety Center in Chicagoland that has free bilingual safety courses in polish and Spanish from fall protection, excavation and trenching to and OSHA 10 or 30 hour. I recently attended a quarterly EHS meeting of The Association of Union Constructors (TAUC) attended by organized labor, contractors, medical corps, and the CPWR. CPWR presented its hard work it has been doing in conjunction with the North American Building Trades Union (NABTU) and joint management on battling the opiod crisis. Last September, the Construction Industry Suicide Prevention Alliance (CIASP) made up of industry, organized labor, health professionals, insurance, researchers to do strategic planning to prevent construction workers from committing suicide. Construction ranks as number 2 in suicide deaths behind agriculture. As usual you tell people that nothing is going on in safety and health in this nation. Well it is, and it is a constant educational process for workers, academia, employers, insurance, press and media. Hope people out there realize that when an employer is fined for violations ….the money does not go to OSHA for funding, it goes into the general treasury instead of funding of programs at OSHA. You also fail to let people know that at times workers disregard standards or disregard policy or training. I personally have investigated workplace fatalities and published national recommendations, helped many employers, state and federal agencies manage safety and developed training. You just write about it and provide political fodder.

    1. Well, that’s quite a rant Carolyn, but thanks for writing. Too much to comment on everything, but a few things. Yes, although we issued the cranes and derricks standard, we didn’t get the certification requirements finished. It was hardly a major standard, just basically a correction to the main standard because despite negotiated rulemaking, it seems that neither party agreed with what they had actually negotiated. Unfortunately, due to the press of other regulatory business (like the silica and beryllium standards), we didn’t finish it. Happy this administration did.
      I’m very proud we required the state plan states to adopt National Emphasis Programs. Of course, if they didn’t have the targeted facilities, they didn’t have to comply. Shouldn’t have been a big deal: only a few more inspections each year in that area. But if determined there to be a “national” problem, there should be a “national” solution.
      Speaking of state plans, I would dispute that “we did not work as “partners” with state plan states.” Our job, under the law, as not to ensure that the state plan states were “as effective as” the feds (or more effective). If some of the efforts we made were interpreted as not being good “partners,” that’s too bad, but we were just doing what had to be done, even if some of the states objected to it. Workers should have an equal opportunity at safety no matter what side of a state line they work. And I’m happy the NSC and ASSP and all of the other organizations are doing so well. We worked well with all of them and they contribute to making work safer in this country. But this post was about major developments last year, not ongoing good stuff that lots of groups are doing.
      Finally, I know lots of people (and apparently you) take exception that there is so much “politics” in my posts, but unfortunately, there is a lot of politics in workplace safety. OSHA, its budget, enforcement and regulatory programs are under constant attack from Republicans and the business community and it’s important that people understand those attacks and have to information and tools to fight back.
      Thanks again for commenting. Keep in touch. And feel free to email me if I’m missing something important.

  3. It is unfortunate that you of all people perceive a rather factual post as a “RANT” and versus factual information from an individual with over 22 years work of a well rounded, astute perspective , well thought of safety professional who has actual done work in just about every facet of workplace safety and health—- from death and incident investigations, policy, legislation, workers comp, curriculum development,outreach and training…. providing insight and perspective on all the great PEOPLE, organization’s and efforts of academia, insurance, labor and management and professional societies and “CONSENSUS” standard organizations who work together that have evolved workplace safety and health since the 1970s. The state plans were not too enthused with your actions as you all held the, hostage with a perhaps withholding funding if they did not comply w federal efforts even though the state plans did not necessarily have issues in those areas. It is very unfortunate that your shtick is to keep making safety POLTICAL…… bc safety and health of people is NOT POLITICAL, it affects everyone. Corporations are made up of all kinds of PEOPLE as is our workforce, which is made up of all kinds of PEOPLE of political factions.or not….(what is left of our workforce due to retirements, economic downturns and industry being shutdown or moving overseas). We have known since the late 1990s a labor shortage was ensuing…see Construction Labor Research Council (CLRC) statistics and research published from late 1990s until now. In addition, your narrative never talks of all the people who receive training across the US from blood borne pathogens, to safety in disaster response, fall protection, electrical safety, to hazards of oil and gas that OSHA education centers at universities and colleges provide. If you are concerned about people’s safety and health then go learn how to manage safety within an organization and then after several years discuss the results. Also, county, state and federal agencies have some of the highest injury, illness and fatality rates as well as workers compensation claims in the nation…..which the costs of those are passed on to US the taxpayers. The Clinton Administration and Bush made good strides to work together with industry, labor and government bc it takes people working together for good things to happen, improve safety and health in the workplace and develop new engineering and technological advances to prevent PEOPLE of all walks of life from being hurt, ill or losing life.

      1. But a couple of things. I was also part of the Clinton administration and worked to issue the ergonomics standard which was repealed due to the politics of the Republican party and the Bush administration. Before I was at OSHA, I was also instrumental in getting OSHA to issue the bloodborne pathogens standard — strongly opposed by the health care industry.

        I worked for public employee safety for 16 years at AFSCME, so I know first hand how public employees are injured and killed in the workplace — quite legally. Again, it was politics — mostly on the Republican side — that has stopped public employees from having a right to a safe workplace almost 50 years after private sector employees gained that right.

        So don’t try to accuse me of inserting politics into an otherwise pristine objective process. It’s unfortunately there and has been there since the beginning. I’m just trying to fight the politic that is hurting workers.

        One more correction. The only time we threatened to withhold funding state plans was for malfeasance — not using taxpayer dollars legally. We would have been remiss in our duties as good stewards of taxpayer dollars not to have done that.

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