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Dredgin Larry Dugan, Jr *;.*•% a,*> '^^ •tc %4 •^ B- - -«) >> ^>*- 1 DREDGIN LARRY DUGAN, JR. Notes General President and Observations 'Getting away with murder' James Bond, the fictional super secret agent created by ever spent a day in jail for violation of the OSH Act, the the late Ian Fleming, could kill and get away with it He report said was, in the words ot Fleming, licensed to kill It also recommended that what it called "slap on the In real life, things work differently Or do they' According wrist" criminal penalties under the law be stiffened It noted to a report released by the House Government Operations that even when, safety violations result in a fatality, the Committee in mid-October, life may imitate fiction a lot maximum penalty is only a $10,000 fine and six months more than we ever bargained for At least when it comes to imprisonment the health and safety of workers The lUOE couldn't agree more As I wrote in last month's According to the report, employers are literally "getting column in support of legislation that would raise the maxi­ away with murder" and will continue to unless the federal mum fine from $10,000 to $'500,000, "that in itself is a government gets tough on workplace safety $490,000 boost in bite (for the law), which should raise the The strongly worded report, entitled "Getting Away With level of safety consciousness of any employer " Murder In the Workplace OSHA's Nonuse of Criminal The committee report noted that in the 18 years since Penalties for Safety Violations," chastised the Occupational Congress created OSHA, "more than 100 000 workers have Safety and Health Administration (OSHA) for its failure to lost their lives because of unsafe working conditions It is prosecute cases, especially those resulting in fatalities estimated that 7,000 to 11,000 workers annually are killed OSHA's record "in referring cases for criminal prosecution on the job and thousands more die from the long-term effects IS dismal," the report said of occupational illnesses It also faulted the Justice Department and federal prose­ In recent years, state and local law enforcement officials cutors around the country for what it called "an institutional have initiated prosecution of employers responsible for reluctance to pursue criminal prosecution in workplace safety worker deaths and serious injuries But in some cases. cases." convictions have been overturned on the ground that the federal safety act preempts state laws that were violated In Rep. Tom Lantos (D-Calif), chairman of the subcommittee other cases, local prosecutors have been discouraged from which prepared the report, said that company officials who taking cases to court because of the legal confusion, ac­ willfully and recklessly violate federal OSHA laws 'stand a cording to the report greater chance of winning a state lottery than being criminally OSHA has added to the confusion "by its inaction and charged by the federal government for workplace safety silence in some cases, and mixed signals in others." the violations report stated Part of the problem 'is that OSHA cannot—and part is it It said that OSHA should take the position that states will not—pursue criminal action in workplace safety cases," have clear authority to prosecute employers for acts against Lantos explained "The federal statue precludes OSHA from employees that constitute crimes under state law seeking criminal sanctions for willful safety violations unless The committee urged that OSHA pursue a "real partner­ there is a resulting fatality However, in cases where there ship" with the states regarding criminal action in workplace has been a fatality, OSHA has regularly and consistently safety cases, similar to the partnership that exists in prose­ chosen not to seek criminal penalties " cuting drug dealers It also proposed that OSHA set up a The situation is so bad that "permanent brain damage is special criminal investigation unit in its regional offices not enough to trigger criminal penalties," the report stated "States should be commended and encouraged to continue As one remedy, the report proposed that the safety and their efforts to protect people in their workplaces by utilizing health act be strengthened by permitting OSHA to seek the historic police power of the state to prosecute workplace criminal sanctions in cases of serious injury injuries and fatalities as criminal acts," the report said Since OSHA was established in 1970, it has referred only Again, we couldn't agree more Hopefully, this report will 42 cases for criminal prosecution Of these, the Justice raise the awareness level of the scope of this national tragedy Department prosecuted only 14 cases, resulting in 10 con­ and compel those empowered to do so to mandate corrective victions, with fines or suspended sentences "No one has actions r November 1988 THE INTERNATIONAL OPERATING Volume 131 Number 11 FRANK HANLEY, Editor ISSN 0020 8159 A MAGAZINE OF TECHNICAL PROGRESS General Officers Contents $110 Million in Projects LARRY DUGAN JR General President Local Union 428 Phoenix Ariz 1125 17th SI NW Washington DC 20036 Proposals on Lift-Slab Construction FRANK HANLEY General Sec -Treas Local Union 15 New York N Y lUOE Canadian Conference Held 1125 171h St N W Washington D C 20036 J C TURNER General Pres Emeritus NJATC Holds 25th 8 Local Union 77 Washington D C 1125 17th SI NW Washington DC 20036 Kicking Up Sand 11 ROBERTH FOX First Vice President Local Union 501 2405 West 3rd 31 Los Angeles Calil 90057 N BUDD COUTTS Second Vice President Departments Local Union 955 17704 103rd Ave Ste 105 Edmonton Alb T5S1J9 Politics, Legislation and You 6 WILLIAM C WAGGONER Third Vice President Around the Locals 14 Local Union 12 3055 Wilshire Blvd Los Angeles Calif 90010 Solidarity 19 ELWOOD METZ JR Fourth Vice President Local Union 478 1965 Dixwell Ave Hamden Conn 06514 Social Secunty 20 Death Benefits LIONEL J GINDORF Fifth Vice President 22 Local Union 399 763 W Jackson Blvd Chicago III 60606 On the Cover FRANK T POLSAK Sixth Vice President Local Union 302 Western Ave and Clay St Seattle Wash 98121 lUOE members are busy restoring nation's beaches, here at Ocean City, Md for Great Lakes Dredge and JOSEPH L HANDLEY Seventh Vice President Dock Co Local Union 132 606 Tennessee Avenue Charleston W Va 25302 NOTE Readers who would like a copy of our cover may obtain one by FRANK J MILLER Eighth Vice President sending 50c in com to cover mailing costs to The International Operating Local Union 18 3515 Prospect Avenue Cleveland Ohio 44115 Engineer 1125 17th St N W Washington DC 20036 PATRICK E CAMPBELL Ninth Vice President THE INTERNATIONAL OPERATING ENGINEER is published monthly by Local Union 825 U S Route 46 East Little Falls N J 07424 the International Union of Operating Engineers 1125 17th St N W Washington D C Printed in the U S A on union made paper VERGIL L BELFI, JR Tenth Vice President Local Union 2 2929 8 Jefferson St St Louis IVIo 63118 Contributions to Journal—Communications must reach the office before the first of the month preceding that in which they are to appear The fact that a THOMAS J STAPLETON Eleventh Vice President signed article is published does not commit THE INTERNATIONAL OPER Local Union 3 474 Valencia St San Francisco Calil 94103 ATING ENGINEER to all opinions expressed therein Contnbutions and items of news concerning the craft and labor movement are requested from our readers Every contribution must be written plainly on one side only of the paper and accompanied by the name of the writer—not necessarily for publication but as an evidence of good faith Trustees Subscriptions Terms—United States Canada and IVIexico per year $5 00 ART VIAT Chairman Change ot Address—Requests for changes of address must reach the office Local Union 39 337 Valencia Street San Francisco Calil 94103 at least eight weeks before they are to become effective Do not send your old address but include along with the new address your registration number GERALD ELLIS Trustee and local union number Please use the coupon provided for this purpose which is pnnted elsewhere in this issue Local Union 627 12109 East Skelly Drive Tulsa Okia 74128 POSTIVIASTERS—ATTENTION Change of address on Form 3579 should be FRED G RANDALL Trustee sent to International Operating Engineer Mailing List Department Third Floor Local Union 115 4333 Ledger Avenue Burnaby BC V5G 3T3 1125 17th Street NW Washington DC 20036 Second class postage paid at Washington D C and at additional mailing offices JOSEPH E BEASLEY Trustee Local Union 66 3IM) Seco Rd Monroeville Pa 15146 PETER BABIN, III Trustee Local Union 406 7370 Chef Menteur Hghy Nev» Orleans La 70126 Heavy & Highway Report Projects totalling $110 million to be built union Four new projects, totalling lective bargaining rates David A Mowat Co. over $110 million, will be done • The 1-664 Ventilation Build­ • The Syar Tunnel Project in by union craftsmen, according to ings across Hampton Roads, Va Wasatch and Utah Counties, reports from the National Joint project, valued at $55 5 million Utah, valued at $43 7 million, Heavy and Highway Construc­ was won by a joint venture of was successfully bid by Morris- tion Committee (NJHHCC). Newberg/Hardaway. All six bid­ Knudsen under a union agree­ • A new light rail transit sys­ ders on this project bid under the ment tem in Las Vegas, Nev , valued Heavy and Highway Construc­ The project was bid in the early at $7 million, will be built with tion Pioject Agreement summer, then negotiated with the union ciaftsmen by Fru-Con The NJHHCC was instrumen­ Bureau of Reclamation.
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