August 4, 2003

“”Next Action Undetermined””; Stalled OSHA Regulation Leaves Workers At Risk

(Washington, DC)–America’s most dangerous industries will most likely stay that way if OSHA continues to stall. The low-wage, predominantly Hispanic immigrant, workforce in meatpacking and poultry plants suffer the highest injury rates in the nation. Forced by their employers to pay for their own safety gear, such as mesh gloves, boots and even ear plugs, workers end up wearing it beyond its useful life, putting them at risk for serious injury.

The labor movement, in conjunction with the Congressional Hispanic Caucus, is calling for the Secretary of Labor to act on the rule that mandates employer payment for personal protective equipment. The United Food and Commercial Workers International Union (UFCW)– joined by eight additional labor organizations–today, filed a petition with the Secretary of Labor to demand action within 60 days. This standard has been stalled at the agency for three years.

“”Many workers in these industries rely on personal protective equipment as virtually their only measure of protection. Workers should not be required to bear the cost of this basic protection.”” said Jackie Nowell, Director, Occupational Safety and Health Office, UFCW.

Nowell points out that workers in meat and poultry industries, for example, wear metal mesh gloves, which cost as much as $65, to prevent knife cuts and rubber boots to prevent falling on slippery floors.

In 1999, members of the UFCW and other unions offered real world testimony that without a requirement for employer payment, equipment was often improperly selected, poorly maintained and used beyond its useful life, putting workers at risk of injury.

“”Low-wage workers are most acutely in need of the protection offered by the rule. In the higher wage industries, most employers routinely supply all required safety gear free of charge.”” said Nowell.

Despite the clear demonstrated need and support for this requirement, the rule was not finalized and has lain dormant for three years. The rule has repeatedly slipped off OSHA’s Regulatory Agenda, and most recently was listed as a long-term action with the notation “”Next Action Undetermined.””

“”It is shocking and irresponsible that the Department can move so fast to cut overtime pay for workers through regulations, but won’t move a simple job safety regulation that has been waiting for years,”” said Patricia Scarcelli, International Vice President and Director of the Legislative and Political Affairs Department. “”This simple rule can help to improve the day-to-day lives of thousands of immigrant workers. And it is sitting there waiting for Secretary Chao to give the word.””

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• View the petition to Secretary of Labor Chao
• View the Congressional Hispanic Caucus letter to Secretary of Labor Chao