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News and Updates
OSHA
November 15, 2007
AFL-CIO and UFCW Welcome New Worker Safety Rule
(Washington, Nov. 14) – – The AFL-CIO and UFCW today welcomed OSHA’s announcement that the agency will finally issue the rule requiring employers to pay for personal protective safety equipment – a measure that will prevent tens of thousands of workplaces injuries every year.
“”It is unfortunate that nine years have passed since the rule was proposed, and that it took a lawsuit by the unions and Congressional intervention before the Bush Administration would act,”” said AFL-CIO President John Sweeney. “”America’s working men and women deserve the proper equipment to keep them safe on the job, each and every day, and we will thoroughly review this rule to make sure it protects them.””
“”Workers have spoken out for this rule and now Congress and the courts have forced the DOL to act. Our members will be watching to see this rule is enforced in every workplace,”” said Joseph Hansen, UFCW International President. “”Workers should no longer be required to dip into their own pocket to keep themselves safe from harm at work.””
Both the litigation and the FY 2008 Labor-HHS funding bill set a deadline of November 30, 2007 for final action by OSHA.
This rule is a basic requirement that codifies OSHA’s long-standing policy that it is the employer’s responsibility to pay the cost of protecting workers from safety and health hazards. The rule makes clear that employers must pay for hard hats, goggles, face shields, chemical resistant suits, and other required safety equipment. It does, however, include some exemptions from the employer payment requirements, most notably for safety shoes and prescription safety glasses that can be worn off the job.
The AFL-CIO and UFCW will be reviewing the rule in detail to determine if it provides workers with the level of protection that is needed and required by law.
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For more information about workplace safety and personal protective equipment, click here.
October 17, 2007
LEADING KOSHER MEATPACKING PLANT DELAYS CLASS ACTION LAWSUIT
Cedar Rapids, Iowa– The United States’ leading kosher meatpacking company will appear in federal court today challenging a class action lawsuit filed against the company on behalf of its workers.
The lawsuit alleges that Agriprocessors, a kosher slaughterhouse in Postville, Iowa,
has not compensated workers for the time they spend preparing for work at the beginning of the day and cleaning up at the end of it. Such compensation has recently been upheld by the Supreme Court. Agriprocessors is trying to limit worker participation in its attempt to avoid its obligations under Iowa state law which provides that all employees are automatically plaintiffs in the lawsuit unless they sign a form indicating otherwise. Agriprocessors is arguing that only federal law applies, which requires employees to sign a form requesting participation in the class action suit.
Working conditions and food safety at the AgriProcessors slaughterhouse have been under scrutiny in the past year. In May of this year, over 200 workers stood up for their rights and walked out of the plant in protest of the company’s misconduct.
Agriprocessors, one of the nation’s largest kosher meat producers, runs a beef, lamb and poultry processing plant in Postville, Iowa. Agriprocessors produces products under the following brand names: Aaron’s Best, Aaron’s Choice, European Glatt, Iowa Best Beef, Nevel, Shor Harbor , Rubashkin’s, Supreme Kosher, and David’s.
“Essentially the company is trying to undercut the voices of hundreds of workers by delaying the lawsuit and trying to limit their right to recover unpaid wages through overwhelming them with more paperwork and red tape,” says Attorney Brian McCafferty. McCafferty will be representing the workers today in Cedar Rapids, Iowa federal court.
For more information go to www.eyeonagriprocessors.com.
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June 13, 2007
FOOD AND COMMERCIAL WORKERS APPLAUD CONGRESSIONAL EFFORT TO FORCE OSHA TO DO ITS JOB
Washington DC—The UFCW applauds Congressional efforts to force the Occupational Safety and Health Administration (OSHA) to regulate Diacetyl—a dangerous chemical that has killed at least three workers and injured hundreds of others. Today, U.S. Rep. Lynn Woolsey (D-CA) introduced H.R. 2693, a bill which would compel OSHA to issue a standard regulating worker exposure to this deadly chemical.
Diacetyl is a chemical used to impart the flavor of butter in popcorn, pastries, frozen foods, and candy. Each day that they report to work, tens of thousands of food processing workers are exposed to Diacetyl—a dangerous chemical that has been connected to a potentially fatal lung disease. There have been dozens of cases of what has become known as “popcorn workers lung,” or bronchiolitis obliterans—a severe, disabling, and often-fatal lung disease experienced by food industry workers across the nation.
Despite compelling evidence that Diacetyl presents a grave danger and significant risk of life threatening illness to employees exposed to the chemical, there are currently no OSHA standards requiring exposures to be controlled.
Last year, The UFCW, together with the International Brotherhood of Teamsters, petitioned the Department of Labor (DOL) to issue an Emergency Temporary Standard to stop the continued risk of Diacetyl exposure to workers. Forty-two of the nation’s leading occupational safety scientists signed on to an accompanying letter agreeing that there is more than enough evidence for OSHA to regulate this dangerous chemical. Still, OSHA did not act.
“OSHA has been sitting on evidence that there is a direct correlation between Diacetyl and popcorn workers lung for years. By not regulating this dangerous chemical, OSHA has neglected its responsibility to food workers,” said Jackie Nowell, UFCW Safety & Health Director. “The idea that it would take an act of Congress to get OSHA to do its job and protect workers is appalling.”
March 19, 2007
Responding to AFL-CIO, UFCW Lawsuit, Bush Administration Agrees to Issue Safety Equipment Rule for Employees
In response to a lawsuit filed by the AFL-CIO and the United Food and Commercial Workers International Union (UFCW), the Bush Administration has agreed to issue a final rule on employer payment for personal protective equipment (PPE) for employees. In 1999, the Occupational Safety and Health Administration (OSHA) first proposed a PPE rule that would require employers to pay the costs of protective clothing, lifelines, face shields, gloves and other equipment used by an estimated 20 million workers to protect them from job hazards.
“We applaud the decision to finally issue a final rule on employer payment for their employees’ protective equipment” said AFL-CIO President John Sweeney. “This rulemaking has taken far too long. We will be monitoring the Department of Labor’s actions to make sure they honor this commitment and issue a strong, protective rule.”
On January 3, 2007, the AFL-CIO and UFCW filed a lawsuit against the Bush Administration over its failure to finalize the payment for PPE rule. The court ordered the Bush Administration to respond to the lawsuit by March 19. On March 14, the Secretary of Labor filed papers with the court committing to issue a final rule in November 2007.
“This is a victory for workers who have suffered needlessly while awaiting action by the Bush Administration,” said Joe Hansen, UFCW International President. “According to OSHA’s own estimates, 400,000 workers have been injured and 50 have died while the rule has been in limbo. We expect a strong final rule this November.”
Workers in the meatpacking, poultry and construction industries, and low-wage and immigrant workers are most vulnerable to injury.
The rule was first announced in 1997 and proposed in 1999 by OSHA after a ruling by the Occupational Safety and Health Review Commission that OSHA’s existing PPE standard could not be interpreted to require employers to pay for protective equipment. The rule proposed in 1999 did not impose any new obligations on employers to provide safety equipment; it simply codified OSHA’s policy that employers, not employees, have the responsibility to pay for it.
In 1999, OSHA promised to issue the final PPE rule in July 2000. But it missed that deadline and has missed every self-imposed deadline since. The agency has failed to act in response to a 2003 petition by the AFL-CIO and UFCW and numerous requests by the Hispanic Congressional Caucus.
March 6, 2007
UFCW Lauds the Protective Equipment for America
Washington, DC—The United Food and Commercial Workers (UFCW) applauds and supports the ‘‘Protective Equipment for America’s Workers Act,’’ introduced today in the U.S. House of Representatives. The Act, also known as H.R. Bill 1327, sponsored by Congresswoman Lucille Roybal-Allard (D-CA) and co-sponsored by Congressman George Miller (D-CA), seeks to require the Occupational Safety and Health Administration (OSHA) to complete its rulemaking on Employer Payment for Personal Protective Equipment (PPE) for workers. This Occupational Safety and Health Administration (OSHA) rule would require employers to pay the costs of protective clothing, lifelines, face shields, gloves and other equipment used by an estimated 20 million workers to protect them from job hazards.
For nearly eight years, OSHA has failed to issue a standard requiring employers to pay for PPE. The rule was first announced in 1997 and proposed in 1999 by the Occupational Safety and Health Administration (OSHA) after a ruling by the Occupational Safety and Health Review Commission that OSHA’s existing PPE standard could not be interpreted to require employers to pay for protective equipment. In 1999, OSHA promised to issue the final PPE rule in July 2000. But it missed that deadline and has missed every self-imposed deadline since. The agency has failed to act in response to a 2003 petition by the AFL-CIO and UFCW and numerous requests by the Hispanic Congressional Caucus.
By OSHA’s own estimates, 400,000 workers have been injured and 50 have died due to the absence of this rule. The labor groups say that workers in some of America’s most dangerous industries, such as meatpacking, poultry and construction, and low-wage and immigrant workers who suffer high injury rates, are vulnerable to being forced by their employers to pay for their own safety gear because of OSHA’s failure to finish the PPE rule.
“”Nothing is standing in the way of OSHA issuing a final PPE rule to protect worker safety and health except the will to do so. It is long overdue that the agency takes action on protective equipment. The time has come to force OSHA to act,”” said Joseph Hansen, UFCW International President.
February 21, 2007
Federal Judge Orders Labor Department to Answer for Eight-Year Delay in Requiring Employers to Pay for Safety Equipment
A United States Court of Appeals ordered the Department of Labor (DOL) to respond in 30 days to a suit requesting the court to order OSHA to implement a long-delayed standard that would require employers to pay the costs of protective clothing, lifelines, face shields, gloves and other equipment used by an estimated 20 million workers to protect them from job hazards.
The United Food and Commercial Workers (UFCW) and the AFL-CIO sued the DOL January 3 over an eight-year delay in implementing an Occupational Safety and Health Administration (OSHA) rule requiring employers to pay for personal protective equipment (PPE).
The lawsuit asserts that the Bush Administration’s failure to act is putting workers in danger. By OSHA’s own estimates, 400,000 workers have been injured and 50 have died due to the absence of this rule. The labor groups noted that workers in some of America’s most dangerous industries, such as meatpacking, poultry and construction, and low-wage and immigrant workers who suffer high injury rates, are vulnerable to being forced by their employers to pay for their own safety gear because of OSHA’s failure to finish the PPE rule.
The rule was first announced in 1997 and proposed in 1999 by the Occupational Safety and Health Administration (OSHA) after a ruling by the Occupational Safety and Health Review Commission that OSHA’s existing PPE standard could not be interpreted to require employers to pay for protective equipment. The new rule would not impose any new obligations on employers to provide safety equipment; it simply codifies OSHA’s longstanding policy that employers, not employees, have the responsibility to pay for it.
In 1999, OSHA promised to issue the final PPE rule in July 2000. But it missed that deadline and has missed every self-imposed deadline since. The agency failed to act in response to a 2003 petition by the AFL-CIO and UFCW and requests by the Hispanic Congressional Caucus. The lawsuit seeking to end this eight-year delay, called it “egregious.”
The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, asked the court to issue an order directing the Secretary of Labor to complete the PPE rule within 60 days of the court’s order.
February 6, 2007
Jose Guardado, Meatpacking Worker and Union Activist
My name is Jose Guardado and I worked at the Nebraska Beef meatpacking plant in Omaha, Nebraska for 8 years. I worked on the kill floor where we faced more than 2500 steers each day.
I came to this country to follow the American dream. I thought that in the most powerful country in the world, workers were free to express themselves. I thought the laws protected workers who wanted to form a union. I was wrong. Instead, I found that when employers break every law, abuse workers and silence our voices, no one does anything to stop them.
My co-workers and I wanted a union at work to fight back against the dangerous working conditions, the lack of respect, and abusive treatment. We all signed cards showing our support for the UFCW.
The law wasn’t enough to stop Nebraska Beef from campaigning against us. The company terrified workers from standing up for their rights. They threatened to fire union supporters, threatened to call immigration and deport the Latinos and threatened to close the plant. They promised to slow down the line and treat everyone better. On the day of the elections, Nebraska Beef brought in a bunch of workers from another company plant to vote against the union.
Workers were scared. No one wanted to lose their job. The company won the vote by a small number. The line was sped back up and no one was given what was promised to them.
Then, Nebraska Beef began firing union supporters. I knew they were watching and waiting for me to make a mistake, so I was very careful. But the company fired me. My insurance was terminated weeks before they fired me and I had to pay $1,000 out of my own pocket for doctor’s visits and medicine. Meanwhile, they still took $20 out of the last three paychecks for health insurance that I didn’t have.
This company took away my livelihood and hurt my family just to keep us from organizing a union. Many other workers were fired or quit because they were so afraid.
Now, workers at Nebraska Beef still suffer the abuse and indignity that existed before the union campaign. Workers are still being threatened and fired. And, there is no way to ever have a fair election there.
We need this law to protect workers’ rights. We need this law to help workers who want to have safer working conditions and a better life with union representation.
January 3, 2007
AFL-CIO and UFCW Sue Bush Administration to End Eight-Year Delay on Rule Requiring Employers to Pay for Safety Equipment
August 30, 2006
EMERGENCY PETITION SEEKS IMMEDIATE ACTION ON LETHAL POPCORN FLAVORING
Unions, Supported by Scientific Community,
Petition California Occupational Safety and Health Standards Board for Emergency Temporary Standard for the Chemical
(Buena Park, California) – On August 23, 2006 the United Food and Commercial Workers’ Union, Western States Council and the California Labor Federation petitioned the California Occupational Safety and Health Standards Board to immediately issue an Emergency Temporary Standard for diacetyl, a deadly chemical used in flavorings. This follows action taken on July 26, 2006, when two affiliate unions of the Change to Win federation – the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters -petitioned the Department of Labor (DOL) for an Emergency Temporary Standard for diacetyl under Occupational Safety and Health Act.
Diacetyl is a hazardous chemical that has been connected to a potentially fatal lung disease that has been experienced by food industry workers across the nation. There have been dozens of cases of what has become known as “”popcorn workers lung,”” or bronchiolitis obliterans-a severe, disabling, and often-fatal lung disease experienced by factory workers who produce or handle diacetyl. Several food industry employees in California have developed devastating lung problems after being exposed to diacetyl in the workplace. There are currently no OSHA standards requiring exposures to diacetyl and flavorings be controlled.
According to the Division of Occupational Safety and Health, there are 16 – 20 plants producing flavorings in the state of California. And thousands of food processing workers are involved in the production of popcorn, pastries, frozen foods, candies and even dog food that use these chemicals.
The petition was accompanied by a letter from forty-two of the nation’s leading occupational safety scientists, including a former OSHA director, five former top officials from OSHA, the Environmental Protection Agency, and the Department of Health and Human Services, who all agree that there is more than enough evidence for OSHA to regulate.
The UFCW and the California Labor Federation are petitioning the Standards Board to require employers to control airborne exposure to diacetyl and ensure that all employees who are exposed to a certain airborne level of the chemical are provided with air purifying respirators. The safety of these workers would be additionally monitored through medical surveillance and regular consultations.
The petition also demands that Cal/OSHA immediately issue a bulletin to all employers and employees potentially exposed to diacetyl outlining the dangers of the chemical. Cal/OSHA is being asked to conduct inspections and begin rule-making proceedings to establish a permanent standard that will put an end to this tragic epidemic and protect workers from exposure to all flavorings.
July 26, 2006
Emergency Petition Assails OSHA
(Washington, DC) —On July 26, 2006, two affiliate unions of the Change to Win federation — the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters — began petitioning the Department of Labor (DOL) to immediately issue an Emergency Temporary Standard to stop the continued risk of diacetyl exposure to workers. In 2002 and 2003, OSHA’s own scientists studying diacetyl unsuccessfully urged their leaders to take broader action to protect workers. There are currently no OSHA standards requiring exposures to be controlled.
Diacetyl is a hazardous chemical that has been connected to a potentially fatal lung disease that has been experienced by food industry workers across the nation. There have been dozens of cases of what has become known as “popcorn workers lung,” or bronchiolitis obliterans—a severe, disabling, and often-fatal lung disease experienced by factory workers who produce or handle diacetyl.
“Three workers have died and hundreds of others seriously injured,” said Jackie Nowell, UFCW Safety & Health Director. “It’s time for action. We will not let food processing workers continue to be the canaries in the coal mine while waiting for the industry to regulate itself.”
More than 8,000 workers are employed in the flavorings production industry and may be exposed to the dangers of diacetyl and other similar chemicals. Tens of thousands of food processing workers are involved in the production of popcorn, pastries, frozen foods, candies and even dog food that use these chemicals. It is not clear whether consumers are at risk from exposure to diacetyl but certainly the workers who deal with high concentrations of the flavoring chemical are at risk of developing serious and irreversible lung damage.
The unions’ petition is accompanied by a letter from forty-two of the nation’s leading occupational safety scientists, including a former OSHA director, five former top officials from OSHA, the Environmental Protection Agency, and the Department of Health and Human Services, who all agree that there is more than enough evidence for OSHA to regulate.
“”Study after study have shown that breathing artificial butter flavor destroys workers lungs. We know how to prevent this terrible disease but OSHA refuses to act”” said Dr. David Michaels of the Project on Scientific Knowledge and Public Policy at the George Washington University School of Public Health.
The UFCW and Teamsters filed the petition for an Emergency Temporary Standard with the DOL to require employers to control airborne exposure to diacetyl and ensure that all employees who are exposed to a certain airborne level of the chemical are provided with air purifying respirators. The safety of these workers would be additionally monitored through medical surveillance and regular consultations.
The petition also demands that OSHA immediately issue a bulletin to all employers and employees potentially exposed to diacetyl outlining the dangers of the chemical. OSHA is being asked to conduct inspections and begin rule-making proceedings to establish a permanent standard that will put an end to this tragic epidemic and protect workers from exposure to all flavorings.
“The science is clear. Now it is time for the Department of Labor to employ their regulatory mandate and protect the public,” said Lamont Byrd, Teamster Safety & Health Director. “Such illnesses and fatalities are avoidable and therefore, inexcusable. An Emergency Standard is necessary to prevent the suffering and death of the additional workers who will get sick during the time it would take for OSHA to set a Permanent Standard.”
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The United Food and Commercial Workers International Union’s 1.4 million members work in America’s supermarkets, meatpacking and food processing plants. Founded in 1903, the International Brotherhood of Teamsters represents more than 1.4 million hardworking men and women throughout the United States and Canada. Both unions are founding members of the Change to Win federation. www.changetowin.org
For more information and studies about Popcorn Workers Lung Disease, go to www.DefendingScience.org