By the Dept. of Labor on Workers
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Issue #138 Summer/Fall 2008 Philadelphia Area Project on Occupational Safety and Health IN THE FINAL DAYS OF THE BUSH ADMINISTRATION… THE NAMING A “SNEAK ATTACK” BY OF THE DEAD THE DEPT. OF LABOR ON Reflections on Workers Memorial Day WORKERS’ PROTECTIONS by Paul Mercurio FROM EXPOSURE TO TOXINS USW Local 10-86 he Department of Labor’s (DOL’s) record on worker safety and health under the Bush Administration has been disgraceful. During Tthe past 7½ years the Department of Labor adopted only one new rule to limit exposure to a chemical (hexavalent chromium) and that was because of a court order. It has stalled on taking any action on proposed rules for limiting exposure to silica, combustible dust, beryllium and diacetyl, all of which have caused preventable worker illnesses, injuries, and death. But a new proposal that was secretly developed ne by one their names are by DOL political appointees in the policy office, Ospoken into a microphone standing beside an empty casket that was illegally withheld from public notice, symbolizing another worker killed and would make it much more difficult to regulate on the job. They are read by mourn- workers’ exposure to chemicals and toxins, has ers carrying “strike” placards around their necks. now become the Department of Labor’s top priority for “fast track” passage. John C. Broussard/Age 31 Died March 15, 2007 The existence of this proposed “secret rule” first came to light in an arti- Diamond Furniture/ cle posted on the blog “The Pump Handle” by Celeste Monforton who is with the Project on Scientific Knowledge and Public Policy at George Philadelphia Washington University School of Public Health and formerly worked for Head wedged between OSHA and MSHA. (Links to her articles are on our website). A Washington two electric motorized belt Post reporter, Carol Leonnig, picked up on the blog story. Her first article conveyors appeared in the Post on July 23, 2008. According to the article, the proposed rule (which has not yet been made public) would call for reexamination Continued on page 6 Continued on page 4 Upcoming Events Upcoming Events PHILAPOSH CONTINUES RESIDENTIAL Injured Worker Meetings CONSTRUCTION FALL PROTECTION Tuesday, September 16th TRAINING 6:30 pm If you know of any residential construction contractors interested in free IUPAT District Council 21 fall protection training for their workforce, please have them contact Nicole Apprenticeship Training Center Charles at PhilaPOSH for further information and scheduling. Trainings 2190 Hornig Road, Philadelphia will be set up at times and locations convenient for each group. This training is made possible through a Susan Harwood training grant AND from OSHA. Thursday, September 25th 6:30 pm 3001 Walnut Street, 5th Floor, Philadelphia AFSCME DC 33 Building PhilaPOSH Annual Awards Reception Friday, November 21st 5:30 pm 3001 Walnut Street, 6th Floor Philadelphia Trainers Ken Brown and John Read at Youth Build. Become a PhilaPOSH Member! PhilaPOSH is a membership based organization, governed by a Board whose officers are elected by the members. Membership is open to individuals, unions, and other organizations who support improving worker health and safety. Trainers Vince Gallagher and Jerry Because PhilaPOSH is a non-profit 501(C) 3 organiza- Roseman with locations managers tion, donations are tax deductible and are welcome! at Labor Ready. Individual Membership: $30. a year Associate Membership: $50. a year Gold Membership: $100. a year Unions/Organizations: Less than 100 members: $100. a year More than 750 members: $700. a year Between 100 & 750 members, Multiply by $0.90 per member To become a member or to make a donation, call PhilaPOSH at (215) 386-7000 for a membership applica- tion packet, or download and complete a form on our Trainer Vince Gallagher with owner and web page at www.philaposh.org. workers of Topline Construction. 2 Safer Times 3 “Understanding Chemical Hazards in Construction” Training orkers in the trades are getting sick, getting cancer solvents. Industrial Hygienists Pam Susi with The Center Wand dying from exposure to toxins at the work- for Construction Research and Training (CPRW) and place. For example there was a major benzene exposure Jerry Roseman of Occupational Health Consultation at the Sunoco Refinery a couple of years ago that affected Services each spoke to these issues. Dr. Marilyn Howarth, both workers from outside contractors as well as Sunoco Clinical Assistant Professor of Emergency Medicine at the employees. Unlike exposures to asbestos and lead, which University of Pennsylvania School of Medicine went into are better known and regulated, exposure to other toxins depth about approaches in occupational medicine that and chemicals has not gotten as much attention and train- address these and other issues, including medical surveil- ing on how to better protect workers. lance and biological monitoring. She also answered dozens of specific questions from attendees. PhilaPOSH, along with the Philadelphia Area Building Trades Council, co-sponsored a one day training session PhilaPOSH is currently evaluating how to move forward in mid-June at the IUPAT DC 21 Training Center on with an ongoing training and discussion program with “Understanding Chemical Hazards in Construction”. the Building Trades unions on chemical hazards. If you Safety reps, Apprenticeship training coordinators are interested in receiving more information, or sharing and instructors and business agents from 11 different your information with us, please call Barbara Rahke at unions attended (Boilermakers, Elevator Constructors, PhilaPOSH. Ironworkers, Laborers, Operating Engineers, Painters and Allied Workers, Plasterers, Plumbers, Sheetmetal Workers, Sprinklerfitters, and Steamfitters). The presi- dent of the Steelworkers local at the Sunoco Refinery also attended, as well as the L.F. Driscoll Safety Director and Assistant Director. The training provided an overview of the most typi- cal chemical exposure hazards encountered by trades’ workers, including benzene, manganese, arsenic and PhilaPOSH Board Member Leon Shore Receives AFT Retiree of the Year Award We are thrilled that the AFT awarded Leon Institute, and the National Council of Senior Shore its Retiree of the Year Award at citizens, to name just a few! He served on its national convention in Chicago the PFT Executive Board for 30 years, this July. Leon is a past chairperson and while on the staff at Local 3, he of PhilaPOSH and continues to was the Health and Welfare Fund serve on our Board. How he has coordinator which included health time is a mystery because of his and safety. Leon is a political activist active involvement in so many other extraordinaire, a really nice guy and a organizations, including the PFT very good friend and ally. Retirement Chapter, the Philadelphia CONGRATULATIONS Retirees Council, AFL-CIO, the Jewish LEON AND BUNNY! Labor Committee, the A. Philip Randolph 2 Safer Times 3 A “Sneak Attack” Continued from page 1 of how risks from exposure to workplace chemicals and breaking the June 1 deadline set by White House Chief of toxins are measured. It would change the criteria and Staff Joshua Bolten for any new proposed regulations. assumptions that OSHA and the Mine Safety and Health On July 23rd Senator Edward Kennedy, Chair of the Senate Administration (MSHA) use about lifetime exposures when Labor Committee, and Representative George Miller, developing risk estimates. Currently both laws explicitly Chair of the House Labor and Education Committee, require DOL to protect workers against lifetime exposures. sent a letter to DOL head Elaine Chao demanding that The new proposal requires the agency, where possible, to she withdraw the proposal and turn over internal docu- set future exposure limits based on industry-specific data ments of communications with special interest groups for worker retention. Evidently the Bush Department of related to the rule. Labor and the business lobby don’t like the working life model of 45 years because their statistics show that most On July 30th Representative Miller and other House workers do not stay with the same employer for more than Democrats introduced legislation to prevent the DOL 5 to 7 years. Peg Seminario, Safety and Health Director of from finalizing the proposed rule. “Prohibiting the the AFL-CIO, responded that even when workers change Department of Labor’s Secret Rule Act” (H.R. 6660) will companies, they often remain in the same industry and forbid the Department of Labor from issuing, adminis- work around the same hazards throughout their career. tering, or enforcing any rule, regulation, or requirement “People who really do work their whole lifetime don’t get derived from the proposed rule. protected, it’s as simple as that,” she said of the proposed rule which she called “the most cynical and diabolical” effort to manipulate the rule-making process she has seen We all fought very hard for the Right to in 31 years. Know and for protections from exposure The rule would also require the DOL to take an extra to the chemicals that kill or make workers procedural step before setting new limits on chemicals in the workplace. It would allow an additional round seriously ill. If ever we needed a reminder of challenges to agency risk assessments used to deter- of just how little regard the current mine how much exposure to certain chemicals is unsafe. administration has for workers’ lives, Many, including national unions, public health scientists and Democratic Congressional leaders, believe this is a this is it! crude attempt to block the next administration’s efforts to reduce workers illnesses and deaths, and is a parting As the nation’s attention is focused on the November “gift” to industry. presidential election, we cannot allow this proposed rule to slip through. For updated information and sample rd According to the Washington Post article on July 23 , early letters to your legislators, go to the Philaposh webpage at this year Deborah Misir, a political deputy in the DOL www.philaposh.org.