{"id":2004,"date":"2017-09-14T16:03:51","date_gmt":"2017-09-14T20:03:51","guid":{"rendered":"http:\/\/jordanbarab.com\/confinedspace\/?p=2004"},"modified":"2017-09-14T16:22:59","modified_gmt":"2017-09-14T20:22:59","slug":"working-dying-temporary-employee","status":"publish","type":"post","link":"https:\/\/jordanbarab.com\/confinedspace\/2017\/09\/14\/working-dying-temporary-employee\/","title":{"rendered":"Undercover: Working and Dying as a Temporary Employee"},"content":{"rendered":"

\"temporaryOK, stick the kids in front of the TV, send your spouse out with friends and sit down for a little while to read this amazing article<\/a> by Toronto Star Reporters Sara Mojtehedzadeh and Brendan Kennedy. \u00a0Mojtehedzadeh went to work undercover as a temporary employee at\u00a0Fiera Foods, an industrial bakery in Toronto where a worker had died, to learn first-hand about working conditions at he factory.<\/p>\n

Much has been written lately about the fragmentation (or “fissuring<\/a>“) of the workplace, where more and more workers are officially employed by temporary agencies, not by the companies they actually work at. \u00a0Data in the US and other countries has found these jobs are growing rapidly, and expanding into dangerous occupations. And that temp workers suffer higher numbers of workplace injuries and deaths than permanent workers.<\/p>\n

OSHA, during the Obama administration, launched a campaign on Protecting Temporary Workers<\/a> and issued Recommended Practices<\/a>\u00a0and numerous alerts after becoming aware of numerous preventable deaths and disabling injuries of temporary workers, some on their first day of the job. \u00a0One temporary worker, Day Davis, was crushed to death at a Bacardi Bottling factory in Jacksonville, Florida in 2013, 90 minutes into his first day on the job. He had been told to clean under a pallatizer, and was crushed to death when someone turned it on when he was underneath. He had received no safety training. \u00a0His story was highlighted in a ProPublica<\/a> article and a movie, A Day’s Work<\/a>.<\/p>\n

I’ll take a few minutes to summarize some of the main points, but please read the article, watch the videos and listen to some of the phone conversations that Mojtehedzadeh had with the company and its representatives.<\/p>\n

Safety is a \u201ccore principle” — Temps as Second Class Citizens<\/h2>\n

Fiera foods caught\u00a0Mojtehedzadeh’s attention because of the death of\u00a023-year-old Amina Diaby, who was killed last year in an incident at the factory when her hijab was caught in a machine, strangling her. She had been on the job for two weeks and was trying to save money for nursing school. Safety at these factories is an ongoing problem. (Update: Fiera Foods just plead guilty <\/a>to Diaby’s death.)<\/p>\n

One “advantage” to hiring temp employees is that the host company can dump some (or all) of the safety responsibility on the temp agency. \u00a0As Mojtehedzadeh explains, “When a temp gets hurt, the company is not fully responsible because the temp agency assumes liability at the worker\u2019s compensation board \u2014 saving their clients money on insurance premiums. This is a crucial financial incentive to use them.”<\/p>\n

http:\/\/projects.thestar.com\/temp-employment-agencies\/images\/conveyer-loop.mp4<\/a><\/video><\/div>
\n“Fiera said health and safety is a ‘core principle,’ the company told the Star,” and the initial company email says that worker safety is the bakery\u2019s \u201chighest concern.\u201d<\/strong> But it wasn’t. They promised safety training and regular safety meeting, in addition to “hands-on instruction for workers, weekly meetings with supervisors about health and safety, bulletin boards with information about safety policies.” In reality, she only received\u00a0five minutes of training in a factory packed with industrial equipment.<\/p>\n

And then there was this amusing exchange when the company was asked about the lack of safety training:<\/p>\n

Responding to a series of follow-up questions from the Star, David Gelbloom \u2014 who in addition to his role as administrator of Upper Crust, is Fiera\u2019s general counsel and HR manager \u2014 says my supervisor provided a health and safety orientation and told me the location of the fire exits.<\/p>\n

\u201cHe remembers you specifically,\u201d Gelbloom said. \u201cHe tells us that at no time did he sense you did not understand what you were being told \u2026 nor did you indicate to him that you were having any difficulty understanding his instructions or that you were dissatisfied with your orientation.\u201d<\/p>\n

In fact, I was trained by a woman.<\/p>\n

Many workers were allowed to wear hijabs and other loose clothing, even though they were told not to. They were “required” to buy safety shoes, but safety shoes are expensive and some workers didn’t buy them, with no protest by managers.\u00a0No one told her where the fire extinguishers or exits\u00a0were and the only “hand’s on instruction” was to keep her hands out of the machinery. \u00a0And “the emergency stop button cannot be reached without climbing under another conveyor belt.”<\/p>\n

Just to add insult to injury, they had to\u00a0ask permission to use the bathroom, “where the back of the toilet is covered by a black crust.”<\/p>\n

A Dangerous Industry<\/h2>\n

The Star looked into how widespread safety problems were in the industry, especially an industry whose workers are increasingly doing more dangerous, blue collar work:<\/p>\n

While temp agencies are traditionally associated with casual office work, statistics from the WSIB show the majority of temps are now being placed in other sectors \u2014 including non-clerical, construction, restaurant and driving jobs.<\/p>\n

The Star also asked the WSIB (Workplace Safety and Insurance Board) for injury data filed by non-clerical temp agencies \u2014 those operating in sectors like manufacturing, warehousing, and health care \u2014 and comparable workplaces. The statistics showed non-clerical temps were more than twice as likely to get hurt on the job in 2016 as non-temp counterparts.<\/p>\n

In fact, the injury rate for temps in non-clerical workplaces has consistently been close to double that of other comparable sectors for the past 10 years. However, since 2010, temp agency workers spent fewer days off work as a result of their injuries, according to the compensation board\u2019s figures.<\/p>\n

What if you’re injured on the job?<\/h2>\n

And then there are workers comp problems<\/p>\n

Even when they get hurt, many temp workers don\u2019t file compensation claims because they are afraid of losing their job.<\/p>\n

\u201c(Temp agency workers) can easily be told, following an injury, that \u2018you\u2019re not covered by workers\u2019 comp\u2019 or \u2018we have no more work for you,\u2019\u201d says Ellen MacEachen, a professor at the University of Waterloo and affiliate of the Toronto-based Institute for Work & Health.<\/p>\n

Claims suppression was identified as an issue across all sectors in a 2013 study for the WSIB. It found that of 100 enforcement files analyzed, 48 contained indications of employers directly trying to block or dissuade workers from filing an injury claim.<\/p>\n

MacEachen says the problem is particularly acute for temps, who can be let go for no reason.<\/p>\n

\u201cEven if they are aware of their rights, they won\u2019t risk their work by speaking up.\u201d<\/p>\n

\"\"Rewarding Bad Behavior<\/h2>\n

The fact is that despite “safety being a core value,” Fiera is a dangerous place to work. In addition to Diaby,\u00a0two other temp agency workers have died at Fiera or its affiliated companies.<\/p>\n

In 1999, a 17-year old temp named Ivan Golyashov was killed at Fiera\u2019s Norelco Dr. plant when a dough mixer was activated while he was inside cleaning it. In 2011, 69-year-old Aydin Kazimov was crushed by a transport truck outside Marmora Freezing Corp. Fiera Foods and Marmora were convicted in each case under the Occupational Health and Safety Act and fined $150,000 on each occasion.<\/p>\n

Safety and health authorities have noticed: “Fiera has been slapped with 191 orders for health and safety violations over the past two decades, for everything from lack of proper guarding on machines to unsafely stored gas cylinders.”<\/p>\n

None of this has stopped the company from profiting on government largess:<\/p>\n

In 2013, Fiera received a $3.2 million federal business loan. The following year, Fiera was awarded a $1.5 million grant from the provincial Ministry of Agriculture, Food and Rural Affairs to expand capacity. At the time, the company was lauded by Premier Kathleen Wynne for providing \u201cgood jobs\u201d to Torontonians.<\/p>\n

Conclusion<\/h2>\n

OK, I’m stopping here. Enough doing your work for you. \u00a0Go read the article\u00a0<\/a>yourself. There’s plenty more there about lack of sick leave, sub-poverty level wages, having to travel a half hour to pick up their pay checks, etc., etc.<\/p>\n

This story is from Canada, but we’re seeing the same thing here in the good old US of A.\u00a0\u00a0This is a manifestation of the \u201cFissured Workplace,\u201d a phenomenon that former Obama Wage and Hour Administrator David Weil has written extensively about, where companies at the top contract out \u00a0major downstream parts of the business. (For more information, get a copy of\u00a0The Fissured Workplace: Why Work Became So Bad for So Many and What Can Be Done to Improve It.<\/a>) \u00a0For some temp agencies, like the one that employed Mojtehedzadeh, their “office” may just be a post-box and their only “asset” may be a cell phone.<\/p>\n

OSHA under the Obama administration attempted to make clear to temp agencies and host companies that, depending on the individual circumstances of a case, they may both have responsibility for ensuring the safety and health of their employees. And a host company (like Fiera, for example) cannot just shove all of the responsibility onto the staffing agency. \u00a0OSHA began enforcement actions against both the host company and the temp agency. For example, after the death of Regina Allen Elsea<\/a>, OSHA\u00a0issued citations<\/a> against\u00a0staffing agencies Alliance Total Solutions and Joynus Staffing Corp, as well as against\u00a0Ajin USA, which supplied auto parts for\u00a0Kia and Hyundai.\u00a0\u00a0<\/strong><\/p>\n

Also note that OSHA issued press releases in these cases to ensure that temp agencies and host employers across the country got the message that both are responsible for the safety of their workers.<\/p>\n

Republicans in charge in Congress and the White House have been fighting the concept of joint employment. Although mostly focused on Obama era actions by the National Labor Relations Board and the Wage and Hour Division of the Department of Labor, it remains to be seen whether Trump’s OSHA willgo after temp agencies and host employers who endanger workers as aggressively as the Obama administration did.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

OK, stick the kids in front of the TV, send your spouse out with friends and sit down for a little while to read this amazing article by Toronto Star Reporters Sara Mojtehedzadeh and Brendan Kennedy. \u00a0Mojtehedzadeh went to work undercover as a temporary employee at\u00a0Fiera Foods, an industrial bakery in Toronto where a worker […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[200,221],"tags":[222],"class_list":["post-2004","post","type-post","status-publish","format-standard","hentry","category-fissured-workplace","category-temporary-employees","tag-canada"],"yoast_head":"\nUndercover: Working and Dying as a Temporary Employee - Confined Space<\/title>\n<meta name=\"description\" content=\"Temporary workers do dangerous work and are often injured or killed on the job. 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