Worksafe

California Wildfires Illuminate Labor, Immigration, & Public Health Issues

Worksafe — Thu, 26 Oct 2017 10:21:23 -0700

Earlier this month, unprecedented wildfires broke out across Northern California killing more than 40 people, destroying approximately 5700 structures, and forcing thousands of families to evacuate. Here are some of the conversations we've been following in the wake of the wildfires:

Disaster response workers are especially prone to health and safety hazards: Firefighters fight fatigue as well as fire, pulling extended shifts without sufficient breaks. Firefighters in California normally work 24 hour shifts, and then have 24 hours off. But those working to contain these wildfires have had no real rest for days. Some have worked as much as 80 hours straight.¹ On October 11, 2017, Cal Fire’s deputy incident commander in Napa said of the firefighters, “There’s no doubt there’s extreme fatigue.”² At least one worker, a contracted water-tender driver named Garrett Paiz, has been killed.

The supply of firefighting, rescue, and cleanup workers is bolstered with incarcerated labor, temporary workers, and day laborers. Last week in Sonoma Valley, there were 464 firefighters including about 60 state prison inmates.¹ There are persistent questions about the safety and ethics of using incarcerated labor to fight fires - workers are reportedly paid less than 2 dollars per hour.³

Anti-immigrant policies and rhetoric make immigrant communities more vulnerable during and after natural disasters: After the wildfires started, “dozens of undocumented workers and their families” drove towards the Sonoma Coast because they were afraid of being deported and detained at emergency shelters. According to Sonoma County Supervisor Lynda Hopkins, some have slept on the beach.⁴ Local law enforcement has done their best to dispel the rumors that ICE is at evacuation shelters: Sonoma County Sheriff Rob Giordano said in a press conference that rumor is not true and urged residents to go to the shelters.⁵

But getting into shelters is not the only obstacle for undocumented immigrants affected by the fires. Federal funds for recovery cannot be used to serve undocumented people. Many of these people are farmworkers who additionally have had their livelihoods taken away, and/or continue to work in hazardous conditions.⁶

Our public health response must also address the unseen, toxic hazards: Smoke and ash from the wildfires contributed to extremely poor air quality throughout the Bay Area, and thousands of burnt homes, filled with toxic chemicals, will be a challenge to dispose of safely.

For a week during the fires the Bay Area as far south as Fremont had an air quality index of 160 and above. At that level the EPA issues this health message: “People with heart or lung disease, older adults, and children should avoid prolonged or heavy exertion. Everyone else should reduce prolonged or heavy exertion.”⁷

In the areas where structures burned, toxic chemicals have become concentrated in debris and ash. Residents have been digging through what is left of their homes to see what can be saved but officials are forcefully warning them to stop. Public health officials and cleanup experts say that “the road ahead to cleanup and the safe return to properties will probably not be smooth or fast,” and a spokesman for FEMA said that “[t]here are more questions than answers.”⁸

The UC Berkeley Labor Occupational Health Program (LOHP) has put together a resource list for workers cleaning up after wildfires. Find it here.

Major Victory for California Whistleblowers

Worksafe — Fri, 06 Oct 2017 14:03:25 -0700

Governor Brown has signed Senate Bill 306 into law – sealing a major victory for California workers and dealing a serious blow to unscrupulous employers.

SB 306 (Hertzberg) strengthens protections for whistleblowers fired or discriminated against for reporting dangerous working conditions or other labor code violations. It allows the Labor Commissioner or a private attorney to seek an injunction to protect a worker who has suffered retaliation for reporting violations or engaging in protected activity under state labor laws. This can include an order that the employer temporarily reinstate the affected worker while the claims are investigated.

SB 306 also expands the Labor Commissioner’s authority to investigate retaliation cases, allows her to cite employers for unlawful retaliation, and increases penalties for employers who willfully break the law. It improves working conditions across California by bringing illegal activity to light and discouraging retaliation before it happens.

Worksafe and our allies promoted the need for a law like this because we know that an injury to one is an injury to all. When one worker is fired for speaking up, other workers are more likely to suffer in silence. The employer holds all the cards in this situation, and it was time to change that.

We thank the California Labor Federation for championing this bill, and applaud Governor Brown and California lawmakers for recognizing that employer retaliation has a chilling effect on workers’ ability to assert their rights in the workplace. We hope that you will join us in spreading the word about this profound victory.

California Policy Action Alert

Worksafe — Wed, 06 Sep 2017 13:58:26 -0700

As the federal government dismantles the rights of workers, immigrants, and other marginalized communities, it is more important than ever for California to implement safeguards that protect our state’s most vulnerable populations.

We must counter bigoted and reactionary policy trends with our alternative vision of safety, health, and justice for all.

We are asking our partners and supporters to take action and stand in solidarity on a number of key pieces of legislation: SB 306 (Hertzberg), AB 450 (Chiu), SB 54 (De Leon), AB 1008 (McCarty), and SB 258 (Lara).

Click here to read more about these bills and find out how you can get involved!

Hot In Here: Workers Demand Strong Protections from Indoor Heat Hazards

Worksafe — Wed, 28 Jun 2017 23:20:02 -0700

Too many California workers toil for long hours in very hot indoor environments – sometimes without access to clean water or adequate ventilation, even in the peak of summer. These workers are vulnerable to heat-related illness: health conditions that can range from heat exhaustion to deadly heat stroke. Workers in restaurants, warehouses, garment factories, and industrial laundries are particularly prone, though indoor heat hazards pose a serious risk in many other industries across the state.

In 2016, Governor Jerry Brown signed SB 1167 – a bill directing Cal/OSHA to protect workers from indoor heat exposure by January 2019. Worksafe and our allies are working to encourage Cal/OSHA to adopt a strong, evidence-based standard that will protect all California workers.

Worksafe strongly believes that workers most impacted by heat hazards should have the biggest say in determining details of the new standard — after all, they know what it is like to work in high heat environments without adequate protections. Unfortunately (and predictably) powerful industry players are attempting to weaken the rulemaking process behind the scenes. They claim it is too complicated to protect all workers from dangerous indoor heat hazards.

We beg to differ. When workers share their personal stories of heat illness, we listen. We hope that Cal/OSHA listens too and implements a new indoor heat prevention standard that is strong, worker-centered, and inclusive of all industries.

Are you a worker looking for training on indoor heat hazards?

Want to join our efforts to ensure a strong indoor heat regulation?

Contact our Senior Staff Attorney Nicole Marquez (nmarquez at worksafe dot org).

For more information:

Legislative and Regulatory Updates: Spring 2017

Worksafe — Thu, 08 Jun 2017 15:00:00 -0700

Worksafe is currently prioritizing support for the following bills:

SB 306 (Retaliation Injunctive Relief - Hertzberg)

Sponsor: California Labor Federation

Status: Active bill pending referral in the Assembly

Summary: Would grant the Labor Commissioner authority to seek temporary injunctions against employers for Labor Code violations, such as retaliation for reporting a health or safety hazard. The bill would also give the Labor Commissioner authority to issue citations and penalties directly to enforce retaliation claims, rather than exclusively through the courts. Finally, the bill would authorize an employee who is bringing a civil action for a retaliation claim to seek injunctive relief from the court.

SB 54 (California Values Act - De Leon)

Sponsor: Authored Sponsor

Status: Passed the Senate. Double referred to the Assembly Committees on Public Safety and Judiciary.

Summary: Would prohibit state and local law enforcement agencies, including school police and security departments, from engaging in immigration enforcement or using any state or local resources in carrying out enforcement activities. SB 54 would also expand the Transparency and Responsibility Using State Tools (TRUST) Act, which established minimum standards across the state to limit cruel and costly Immigration and Customs Enforcement (ICE) holds in local jails by prohibiting the transfer of any individual into federal custody for deportation without a judicial warrant. The bill also instructs the Attorney General to create model policies that limit immigration enforcement on the premises of sensitive locations such as schools, hospitals, clinics, and courthouses.

AB 978 (Injury and Illness Prevention Program - Limón)

Sponsor: California Rural Legal Assistance Foundation (CRLAF)

Status: Active bill pending referral in the Senate

Summary: Would provide workers access to a copy of their employer’s written Injury and Illness Prevention Program (IIPP).

AB 1008 (“Ban the Box” - McCarty)

Sponsor: National Employment Law Project

Status: Active bill pending referral in the Senate

Summary: Reduces barriers to employment for people with arrest and conviction records through a statewide “ban the box”/fair hiring policy that prohibits employers from inquiring about an applicant’s criminal record until a conditional offer of employment has been made.

AB 450 (Notice of ICE Raids - Chiu)

Sponsor: California Labor Federation

Status: Active bill pending referral in the Senate

Summary: Provides clear guidelines to protect workers and employers in the event of worksite enforcement activities by ICE. AB 450 requires employers to notify the California Labor Commissioner of an ICE raid; allows the Labor Commissioner to protect workers who are in the current claims process; and allows the Labor Commissioner access to information about workers.

Other important pieces of legislation we support as allies:

SB 772 (Cal/OSHA Regulations - Leyva)

Sponsors: California Labor Federation, AFL-CIO; California Nurses Association/National Nurses United; and the State Building and Construction Trades Council

Status: In Assembly Labor and Employment Committee

Summary: Would exempt Cal/OSHA regulations from the requirement that a Standardized Regulatory Impact Assessment (SRIA) be conducted for any regulation that is estimated to have an economic impact of $50 million.

SB 258 (Cleaning Ingredient Disclosure - Lara)

Sponsors: Breast Cancer Prevention Partners, The Environmental Working Group, and Women's Voices for the Earth

Status: Active bill pending referral in the Assembly

Summary: Would require disclosure of the ingredients in consumer cleaning products and notification of potential health effects.

SB 295 (Sexual Harassment/Farm Workers - Monning)

Sponsor: California Rural Legal Assistance Foundation (CRLAF)

Status: Active bill pending referral in the Assembly

Summary: Current law prohibits the issuance of a farm labor contractor license unless the applicant attests in writing that certain employees have received sexual harassment prevention and reporting training in accordance with prescribed requirements relating to the substance, administration, and record of the training. This bill would additionally require that training for each agricultural employee be in a language understood by that employee.

SB 185 (Crimes Infrastructure - Hertzberg)

Status: Active bill pending referral in the Assembly

Summary: Would require courts to reduce fines issued to people found to be indigent. The bill would cap all fines at 5% of the defendant’s monthly family household income.

AB 3 (Public Defenders/Immigration - Bonta)

Sponsors: California Immigrant Policy Center, ACLU of California, Immigrant Legal Resource Center, and California Public Defenders Association

Status: Active bill pending referral in the Senate

Summary: Would provide funding to train public defenders to competently represent and advise non-citizen defendants on the immigration consequences of plea agreements and other aspects of their criminal case. This initiative leverages the expertise of qualified nonprofit legal services organizations to provide this training.

AB 1111 (Removing Barriers for Employment - Garcia)

Status: Active bill pending referral in the Senate

Summary: Would establish a grant program to assist individuals who have multiple barriers to employment to receive remedial education and work readiness skills. This will help those individuals successfully participate in training, apprenticeship, or employment opportunities that enhance skill development that will lead to self-sufficiency and economic stability.

AB 199 (Prevailing Wage - Chu/Thurmond)

Status: Active bill pending referral in the Senate

Summary: Would require prevailing wages be paid to construction workers on private projects built using public funds.

AB 1565 (Preserving Federal Overtime - Thurmond)

Status: Active bill pending referral in the Senate

Summary: Would require overtime compensation for any executive, administrative, or professional employee earning a monthly salary of less than $3,956 or double the state minimum wage for full-time employment whichever is higher.

Worksafe supports the following amendments to standards and/or adoption of new standards:

Process Safety Management for Petroleum Refineries

Worksafe is proud to have been a part of the effort that lead to the Occupational Safety and Health Standards Board’s unanimous vote on May 18th to adopt strong new Process Safety Management (PSM) regulations that put California at the forefront of preventing hazards at refineries. The new regulations prioritize proactive prevention of potential hazards, require adoption of the most effective available methods of protecting workers using a hierarchy of controls review, require employee input in review of safety issues and development of responses, and incorporate organizational and safety culture assessments. Worksafe partnered with the BlueGreen Alliance, the United Steelworkers Union, the California Labor Federation, the State Building and Construction Trades Council, and the Sierra Club to stave off last minute attempts to weaken the new rules.

Next Steps: The Standards Board staff will submit the package to the Office of Administrative Law within one year after publication in the California Regulatory Notice Register.

Indoor Heat Standard

As a result of the successful passage of SB 1167, the Cal/OSHA is required to propose a standard protecting workers from exposure to hazardous indoor heat by January 2019. Cal/OSHA is required to consider the heat stress and heat strain guidelines contained in the 2016 Threshold Limit Values and Biological Exposure Indices developed by the American Conference of Governmental Industrial Hygienists (ACGIH). Worksafe is part of an organizing effort to create a broad coalition of worker-centered stakeholders to ensure the standard covers all workers and includes necessary science-based protections.

Worksafe helped organize advocates and workers to attend and testify at the first advisory committee meeting held on February 28th. Cal/OSHA’s first discussion draft contained many positive components, including proposed temperature thresholds that triggers requirements based on risk factors like humidity levels, the intensity of work, required clothing that increased body temperature, and the worker’s level of acclimatization.

Unfortunately, Cal/OSHA’s second discussion draft capitulated to industry complaints of “confusion,” leaving out key worker protections and abandoning many of the components of the ACGIH guidelines. Worksafe and its allies organized workers and advocates to appear at the second advisory committee, held on May 25 in Ontario, California. Workers shared their personal stories of heat illness, and Worksafe advocated for Cal/OSHA to focus on worker protection and not industry demands.

Next Steps: Worksafe and allies will continue to push Cal/OSHA to adequately consider ACGIH guidelines, as SB 1167 requires, and to adopt a protective standard that is based on science and protects all California workers.

Hotel Housekeeper Musculoskeletal Injury and Illness Prevention

This standard creates a new musculoskeletal injury (MSI) and illness prevention standard for hotel housekeepers. This standard will include specialized training for hotel housekeeping employees and supervisors, protocols and procedures for early identification of MSI, and new recordkeeping requirements. Worksafe has actively participated in the advisory committee process and is continuing to work with UNITE HERE to support the adoption of the standard. The Board received oral and written comments at their May meeting, and the comment period closed.

Next Steps: Worksafe strongly encouraged, and continues to encourage all relevant government agencies to review the comments in a timely manner and move the process forward to a vote to adopt the proposed standard before the end of 2017.

Sexual Harassment Training for Janitors

Last year Governor Brown signed AB 1978, a bill addressing the gaps in our state regulatory scheme that left too many janitorial workers vulnerable to sexual violence and other violations of their basic rights in the workplace. The law requires all janitorial contractors in the state to register with the Labor Commissioner. It also mandates training on sexual harassment and sexual violence for all supervisors and employees, and provides avenues to enforce these provisions. Worksafe is a member of the Ya Basta Coalition to end violence in the janitorial sector, which is composed of members from worker advocacy organizations, unions, and other women’s rights advocacy groups. Worksafe and the coalition members continue to work with the Department of Industrial Relations to ensure proper implementation of AB 1978.

Next Steps: The advisory committee will convene a meeting with stakeholders on June 13 in Los Angeles.

Permissible Exposure Limits

The Health Expert Advisory Committee (HEAC) was convened to advise Cal/OSHA in its review of existing and proposed changes to Permissible Exposure Limits (PELs) for airborne concentrations of chemical substances in the workplace. The first advisory meeting was held in December 2016, and the second in March 2017. The committee discussed the feasibility of implementing revised PELs for cyclohexane, n-propanol, and trimellitic anhydride at the March meeting. The committee will prioritize and review new chemicals at the next convening, including Aluminum, Hydrogen Sulphite, Manganese, and Methyl isobutyl ketone (MIBK).

Next Steps: The HEAC will convene on June 20.

Lead Standard

The lead standard would modify Medical Surveillance, Medical Removal Protection (MRP), Permissible Exposure Limit (PEL), and Action Level (AL) sections of the general industry standard. Other changes also include: protective clothing, hygiene, training, and warning sign requirements to strengthen these aspects of the standard consistent with current medical/toxicological knowledge. Worksafe actively participated in the Advisory Committee meetings and is continuing to work with allies to support promulgation of the Lead Standard.

Next Steps: We understand the Lead standard language requires an economic analysis, and possibly an SRIA.

Residential Fall Protection

This standard requires California to come into compliance with the Federal OSHA residential construction industry fall protection trigger height of 6 feet. This height triggers an employer’s responsibility to provide fall protection. California’s existing standards for residential construction contain trigger heights that vary between 6 and 20 feet depending on the nature of the work and the conditions. The agency has drafted Stage 1 rulemaking documents but Cal/OSHA reports that the rule requires an SRIA.

Next Steps: Cal/OSHA reports that an SRIA cost analysis must be conducted.

Silica Standard

This standard requires California to come into compliance with the Federal Silica standard. The U.S Department of Labor promulgated regulations addressing silica, from which California’s standard differs in scope, application, the PEL, and several other major elements. Worksafe testified in support of adoption of the Obama Administration’s respirable silica rule against overwhelming opposition from the construction industry. The Board voted to adopt the federal standard for both general industry and the construction sector, but also moved to convene an advisory committee that would consider modifications to the federal construction standard. The construction industry would like to expand the types of work processes that are exempted from a requirement to monitor exposure levels, which Worksafe opposes in the absence of sufficient evidence that any additional exemption is as protective as the federal standard.

Next Steps: At the March 16, 2017 board meeting, the Board agreed to await further data before moving forward with a rulemaking. No data has been submitted to the Board since March. Cal/OSHA has announced a delay in enforcing the new rule until September 23, mirroring the delay announced by the U.S. Department of Labor. Enforcement was to begin this month.

Workplace Violence Standard - General

Last year, Worksafe helped support SEIU 121-RN, the California Nurses Association, and others in the passage of a workplace violence prevention standard in health care. The first advisory committee meeting took place on January 12, 2017. At that meeting, there was an employer push to narrow the scope of the standard. Worksafe submitted comments supporting a broad, strong, and comprehensive workplace violence prevention standard. Worksafe is convening a broad coalition of impacted industries, especially industries where many immigrant and low-wage workers are employed (i.e. hotel housekeeping, janitorial, agricultural, and restaurant workers).

Next Steps: We are awaiting the scheduling of a second advisory committee meeting.

New Worksafe Report Scrutinizes Tesla's Health and Safety Record

Worksafe — Wed, 24 May 2017 09:15:00 -0700

Over the past several months, workers at Tesla have become increasingly aware of the potential safety hazards at the company’s flagship vehicle plant in Fremont, California.

In April 2017, workers first requested copies of the OSHA Form 300, the log of work-related injuries and illnesses that companies are required by law to make available to their employees.

Worksafe analyzed these logs in order to interpret the data and evaluate how their plant compared to other auto manufacturing facilities.

This report represents the findings of that analysis -- read it here.

2017 Anniversary Celebration Sponsors

Worksafe — Thu, 18 May 2017 08:00:00 -0700

PIONEERS

Kazan, McClain, Satterley & Greenwood

District Council of Ironworkers of the State of California and Vicinity

CHAMPIONS

Boxer & Gerson, LLP

California Applicants'
Attorneys Association

SEIU-USWW

Southern California Pipe Trades, District Council 16

Teamsters Joint Council 7

UFCW Local 770

LEADER

Central Labor Council of Contra Costa County

ADVOCATES

Amanda Hawes

Beeson, Tayer & Bodine

Butler Viadro, LLP

California Federation of Teachers

IBEW Local 332

Law Offices of Steven Brinbaum

State Building & Construction Trades Council

Teamsters Local 665

Teamsters Local 853

UA Local 393

UNAC/UHCP

FRIENDS of the WORKING CLASS

AFSCME Council 57

Air Transport Employees Local Lodge 1781

Art Carter

Cahill Contractors, Inc.

Cement Masons' Local 400

Communication Workers of America District 9

Doug Parker & Leigh Phillips

IBEW Local 595

IBEW Local 617

International Longshore and Warehouse Union

IUEC Local 8

Mark Gearhart

Robert Gould and Patrice Sutton

Ruth Silver Taube

Surit Goldmacher, RN, NP and Dr. Amy Halio

Teamsters Local 70

UCSR Occupational and Environmental Health Nursing Program

UNITE HERE Local 2850

2017 Dying At Work Report Released

Worksafe — Thu, 27 Apr 2017 18:00:18 -0700

Worksafe is proud to announce the release of our 2017 annual report, Dying at Work in California: The Hidden Stories Behind the Numbers.

We produce this report to bear witness to the human toll of unsafe work and unscrupulous employers, to inform the public about threats to worker health, and to emphasize the importance of publically available data on occupational health. We hope the report also serves to inspire collective action and celebrate recent advances and victories that have made workers safer. The full report is available here.

Join us for Workers' Memorial Day 2017

Worksafe — Fri, 21 Apr 2017 12:00:27 -0700

Join Worksafe and our allies as we gather to observe Workers Memorial Day 2017 and commemorate workers who have been killed and injured on the job in the past year. Our program will bring together workers, worker advocates, government agencies, and others who agree that having a safe job is every worker’s right.

Friday, April 28th, 2017
12:00 pm - 1:30 pm
Oakstop, 1721 Broadway, Oakland, CA 94612

Full information and registration can be found here.

You're Invited to Worksafe's 35th Anniversary Celebration!

Worksafe — Thu, 30 Mar 2017 16:27:11 -0700

Please join us on May 18th to celebrate Worksafe’s 35th Anniversary with the amazing community of supporters – that’s you! - who make our work possible. All proceeds will benefit Worksafe’s programs and advocacy: expanding legal protection for California workers, training hundreds of people each year, obtaining justice for injured workers, and more!

May 18, 2017 | 6 – 8:30 PM
Kala Art Institute | 2990 San Pablo Ave, Berkeley, CA 94702

Click here for full event details, tickets, and sponsorship information!