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-- Jack McReynolds, 70, retired miner, West Frankfort, KY
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| Tuesday, January 31, 2006
PERMALINK Posted
10:42 PM
by Jordan
No Shame: Sago Mine Owner Appeals Ruling Allowing Union To Participate In The InvestigationThese slimebags are pretty damn unbelievable Is this the United States of America, 2006 -- or maybe some feudal kingdom with kings and serfs a thousand years ago. Hard to tell the difference sometimes. The Wolf Run Mining Co, a subsidiary of the International Coal Group which owns the Sago mine were 12 workers were killed earlier this month, has appealed a court decision that allowed the United Mineworkers union to participate in the investigation of the mine tragedy. A judge granted an injunction last week allowing the UMW to participate in the investigation after the company blocked their entrance saying that the miners did not want the UMW to participate. Several miners have asked the UMW to be their representative and mine safety law permits UMW officials to join an investigation if two miners designate them as their representatives. The company says this is just a union organizing tactic. But then one wonders what the company has to fear, if almost all the miners really are on the company's side. Could it be they have something to hide? UPDATE: The U.S. 4th Circuit Court of Appeals declined Tuesday to suspend the lower-court ruling allowing United Mine Workers representatives to take part in the Sago Mine disaster investigation. More mine stories here.Labels: Coal Mining, Sago PERMALINK Posted 9:55 PM by Jordan Post Office Shootings: What's Going On?An former postal employee shot and killed six people and critically wounded another before committing suicide at a mail processing plant in Goleta, California. Not much is known yet about the incident, and neither the names of the victims nor the shooter is known. I'm not sure what to say about this yet. I just want to refer you to a post I wrote last Spring reviewing a story about an auto worker who had killed several co-workers -- possibly due in large part to abuse by his former managers. I warned then against relying on the "crazy worker" theory of workplace violence which ignores organizational causes, and particularly hostile work environments: Talk to any human behavior or violence expert and they'll tell you that there is a point at which any human being can be driven to violence. It differs from person to person, but no one is immune. But just blaming a violent event on an aberrant personality that "doesn't take criticism well, holds a grudge, and is repeatedly disciplined," borders on malpractice if organizational factors in the workplace, or any harassment the worker had been suffering are ignored.Cervantes at Stayin' Alive contributes to this theme, citing experts who note writing that these sorts of incidents are signals that something is very wrong in the lives of many workers. this sort of incident appears to be, at least in some cases, part of the price we pay for the commodification of work. For many people in industrial societies, work is just something they exchange for money. The work itself is merely unpleasant, dehumanizing, meaningless. And to management, the workers are just resources to be maintained in usable condition only to the extent that the investment is worth it. Low-skilled, easily replaced workers merit little consideration.Now this may be true, but some of the factors that Cervantes cites, including mandatory overtime, a constant drive for increased productivity, and an uneducated, unskilled, relatively highly paid workforce that see losing a well paying job as a disaster, are factors in many workplaces. But from what I know about this type of workplace violence, there's often another, more important factor in many of these cases -- extraordinarily abusive treatment of workers by managers. The phrase "going postal" didn't evolve because postal workers are more off balance or alienated than other industrial workers, but rather that the working environment in post offices has frequently been extraordinarily abusive and stressful. As I said above, take a stressed out or somewhat at-risk person and add abuse and harrassment....at some point people crack. And if they also have easy access to guns.... Speaking of easy access to guns.... Workers Comp Insider points out that a growing number of states are allowing workers to bring guns to work (or even worse, penalizing employers for prohibiting guns to work), which is probably not a good idea considering that a study published in the American Journal of Public Health finding that murders are three times more likely to occur in workplaces that permit employees to carry weapons than in workplaces that prohibit all weapons. Duh. Related Stories Workplace Shootings: Crazy Workers or Crazy Workplaces?, May 29, 2005 Workplace Violence: Fashionable vs. Unfashionable, January 18, 2004 Labels: Workplace Violence PERMALINK Posted 9:06 PM by Jordan Congress: Helping MSHA Do Its JobCongressman George Miller (D-CA) issued a report today accusing the Bush administration of putting "mine workers’ lives at greater risk by putting the of mining company executives ahead of the enforcement of critical workplace health and safety rules." The Bush Administration has stacked the Mine Safety and Health Administration (MSHA) and the Federal Mine Safety and Health Review Commission (FMSHRC) with mining industry insiders. The Administration has sought budget cuts and staff reductions at the enforcement agency. It has rolled back proposed safety and health regulations, while implementing industry-favored changes. It has significantly reduced the amount of major fines for mine safety and health violations, compared to the previous administration. And even while it has operated with little to no oversight from the Congress, MSHA has adopted the Bush Administration’s penchant for secrecy, refusing to fill Freedom of Information Act requests which had been routinely filled in the past. In the meantime, MSHA has also failed to ensure that the industry keeps pace with existing mine safety technologies, such as electronic tracking and communication devices and reserve oxygen chambers that could have saved lives at the Sago and Aracoma Alma mines.The report makes three recommendations:
Miller's Press Release can be found here and the whole report here.We already know that American miners need and deserve the best life-saving equipment available. Such equipment includes simple tracking and communication devices used in mines in Australia and other countries around the world. It includes strategically placed rescue chambers and caches of self-contained self-rescue units, providing miners with several days of good air, not just one hour as currently required. By the way, Miller puts out great reports, but his political predictions stink: President Bush is likely to address the issue of mine safety in his State of the Union speech tonight and Miller warned that, based on the findings of this new report, “The public and the press should approach the President’s rhetoric on mine safety with extreme caution.”WRONG! Meanwhile, the Washington Post reports that MSHA is considering regulations that would require caches of oxygen tanks and breathing masks inside every coal mine. West Virginia's Congressional delegation isn't waiting for MSHA regulations, however. They preparing a package to send to Congress that will include requirements for rapid notification and response of mine emergencies, emergency communications and breathing equipment, higher penalties, and the creation of a science and technology office in MSHA "to expedite the introduction of the most advanced health and safety technologies into the mines." Labels: Coal Mining PERMALINK Posted 12:17 AM by Jordan State Of The Union: What To ExpectI don't know about you, but this is the first State of the Union speech I've looked forward to in about six years. If there's one thing about this President, it's his ability to latch onto a crisis and ride it all the way to political victory. And what better crisis to latch onto than terrorism -- terrorism in America's coal mines. So I'm expecting our President to point out tonight that:
This is going to be fun. I can hardly wait. UPDATE (January 31, 10:03 pm): I'm so disappointed. Labels: Coal Mining Monday, January 30, 2006
PERMALINK Posted
11:43 PM
by Jordan
New Immigrant Worker BlogWorkers comp consultant Peter Rousmaniere (Roo-man-ear), who wrote the recent column in the Boston Globe about immigrant workers being cheated out of workers comp, has launched a new blog called Working Immigrants, "a weblog about the business of immigrant work: employment, compensation, legal protections, education, mobility, and public policy." Many of his posts address workplace health and safety concerns, such as these
Most developed nations owe enormous debts of gratitude to yesterday’s, today’s and tomorrow’s immigrants. Their physical and mental labors are often taken for granted, undervalued, excluded from collective memory.Another worthy addition to the blogosphere. Bookmark it, read it and spread it around. PERMALINK Posted 8:33 PM by Jordan Canadian Miners Rescued; Why Can't It Happen Here?The safe rescue of 72 Canadian potash miners from an underground fire was major news today -- in tragic contrast to the fourteen miners recently killed in West Virginia due to mine explosions and fires. The Canadian miners spent the night in airtight chambers packed with enough oxygen, food and water for several days. The obvious question is: Why can't that happen here? According to Davitt McAteer, who ran MSHA during the Clinton administration and is currently leading West Virginia Governor Joe Manchin's mine disaster investigation: the safety chambers in the Mosaic mine in Canada's central Saskatchewan province were key to the miners' survival.One article noted that "The mine scare raised memories of a fatal explosion in a West Virginia coal mine earlier this month. Twelve miners were killed and one injured in that blast."A more accurate sentence would read: "The mine scare raised memories of a fatal explosion in a West Virginia coal mine earlier this month. One miner was killed in the blast, but eleven others were asphyxiated waiting due to inadequate supplies of emergency oxygen." More mine disaster stories here. Sunday, January 29, 2006
PERMALINK Posted
11:29 PM
by Jordan
OSHA: The Good, the Bad and the Red HerringsMeanwhile back on the anti-OSHA ideological frontlines... The New York Times had an interesting article last week about Republican attempts -- led by Senator Mike Enzi (R-UT) and Congressman Charlie Norwood (R-GA) -- to "give small businesses more leeway in dealing with the regulations that [OSHA] inspectors enforce." Interesting, because they actually drew from both sides. In the "OSHA as Gestapo" corner was a mysterious "Michigan-based manufacturer of metal components" who wouldn't reveal his identity because he feared "retaliation by a vindictive inspector." He said his 20-year-old company had a clear safety record, with no recorded accidents.Yeah, this is America, not some God damn police state where you're considered guilty just because you break the law if it didn't hurt anyone. I mean, it's not like anyone died or anything. Gosh offisher, I know I've had jusht a leetle bit too mush to drink, and maybe I was driving jusht a leetle bit over the shpeed limit, but I have an exchellent driving record. Nope, never killed anyone. You'cn look it up. Picky, picky, picky.And in the "safety enforcement makes sense corner," we have The Allman Electric Corporation of Fayetteville, N.C., which is among a small group of companies that have hired their own safety directors to monitor workplace conditions — and to try to resolve amicably any problems that safety inspectors uncover.The Times also quotes AFL-CIO Safety and Health Director, Peg Seminario who points out that OSHA inspectors "only show up at small businesses when there is a fatality or a complaint."And one not so insigificant quibble: The article states that "Over all, according to the Bureau of Labor Statistics, the number of workplace deaths decreased from 6,632 in 1994 to 5,703 in 2004." True enough, but the article fails to note that fatalities have gone up in each of the past two years. Labels: Charlie Norwood PERMALINK Posted 10:18 PM by Jordan Bush's MSHA Killed Requirement For Mine Communication DevicesPop quiz: What's the mantra of this administration when it comes to workplace safety? I think this quote from Senator Mike Enzi, Chairman of the Senate Health, Education, Labor, and Pensions committee, pretty much sums it up: Cooperation, not confrontation is essential in making our workplaces safer. The notion that employers care little about worker safety, or are prepared to sacrifice worker health in the pursuit of profit is a dangerous myth.Well, if the lessons of Sago and Alma indicate anything, the real danger (to workers) lies in believing the myth that it's a myth "that some employers care little about worker safety, or are prepared to sacrifice worker health in the pursuit of profit." First, the Bush administration withdraws a regulation that would have revised MSHA's 15-year old mine rescue regulation, kills a regulation that would have helped prevent conveyor belt fires, changes mine ventilation rules that experts say will allow fires to spread more rapidly through the mine, cutting off miners' fresh air -- and now this from today's Charleston Gazette: Just two years ago, the Bush administration rejected a proposal to give coal miners text-messaging devices that could warn them of underground fires and explosions.These devices, manufactured by an Australian firm, Mine Site Technologies, use ultra-low frequency electromagnetic fields to send text messages from the surface to the fields -- warning miners to evacuate and best evacuations routes, for example. The devices have been used for almost 20 years in Australia. Following the September 2001, explosions at the Jim Walter Resources No. 5 Mine outside Tuscaloosa, Alabama that killed 13 miners, the United Minworkers recommended that MSHA require the devices. In that incident, four miners were injured by an initial explosion, but the others were killed attempting to rescue the injured miners, not knowing about the explosion or the dangers of another explosion. The devices were used successfully in the US in a 1998 fire at the Willow Creek Mine in Carbon County, Utah, where the entire workforce of mine was successfully evacuated from a serious mine fire. When MSHA decided to upgrade its Mine Emergency Actions rule in response to the Jim Walters disaster, the United Mineworkers union, Mine Site Technologies, and American companies that had successfully used the devices urged MSHA to require PED's. But the new rule issued in September 2003, simply established a single point of contact for miners underground to look to for guidance in the event of a mine emergency failed to require the devices. The excuse?“ MSHA has not made the PED system a requirement of the final rule,” the agency said in a Federal Register notice. MSHA believes that the PED system is generally effective and encourages its use. However, since technology is constantly changing, newer systems that may be as, or more, effective than the PED may be developed.”Well, I'm sure the 14 dead miners who might have made it out alive with PEDs appreciate the fact that MSHA "encouraged" their use. MSHA and OSHA are hot on the idea of promoting workplace safety and health by something called "the national dialog on safety and health," encouraging employers to do the right thing. Well, if this situation is any indication, the national dialog is more like a failure to comunicate. It would have cost $100,000 to equip the Sago Mine with PEDs. Is it possible that Sago's owner, the International Coal Group, is one of Senator Enzi's mythical companies that is actually "prepared to sacrifice worker health in the pursuit of profit?" Oh, and finally, in case you're worried about how we're going to compete with China with all these new regulations people are talking about, check this headline out: More mine disaster stories here. Labels: Coal Mining, Sago PERMALINK Posted 6:11 PM by Jordan Case Worker's Death Spurs Safety Campaign in WashingtonLast November, Marty Smith, a crisis responder for the Washington State mental-health system, was beaten to death while attempting to hospitalize a schizophrenic client who had not been taking his medication. Smith was working alone that night, a common practice among mental health and social service workers. Now Smith's union, SEIU 1199NW, is organizing to pass Marty's Law: Make Our Work Safer. (HB 2921) Marty's Law would provide funding so clinicians can work in pairs when they are sent to evaluate a client in a private residence. The bill also requires clinicians to be provided with cell phones, prompt access to patient records, and training on violence prevention. Marty's law is part of the Campaign for Quality Mental Health Care. A poll conducted by SEIU followign Marty Smith's death found that Washington state’s mental health system has failed to provide a safe working environment, sufficient training, or enough support to its workers.
Labels: Social Workers, Workplace Violence PERMALINK Posted 5:45 PM by Jordan U.S. Prepares Civil and Criminal Suits Against BP For 2005 Explosion That Killed 15The Wall St. Journal reported last week that the federal government is preparing a civil suit against BP Amoco for the March 23 Texas City explosion that killed 15 workers and injured 170. The case could result in considerable fines for BP, which would include penalties for violating Texas state laws that prohibit unauthorized emissions of harmful chemicals such as benzene, nitrogen oxides and pentene. Numerous chemicals were released during the explosion, though state officials said they found that none of the emissions had reached beyond the refinery site.Meanwhile, the Houston Chronicle reports that the EPA and FBI are also looking into a separate criminal case. OSHA fined the company $21.3 million last year. OSHA, the US Chemical Safety Board and BP itself determined that combustible liquids overflowed into a "blowdown drum" that then overflowed onto the ground, spreading vapors which exploded. The company had been warned by OSHA in the early 1990's that the process was unsafe and that overflows should be vented to a flair. BP had also recognized the problem, but had not gotten around to fixing it. All of the fatalities were in or near office trailers that had been placed to close to the hazardous process. The Houston Chronicle reported last month that Two and a half years before the fatal March 23 explosion at the BP Texas City plant, managers rejected an outside contractor's proposal to attach a flare to the vent stack that overflowed that day, according to e-mail obtained by the Houston Chronicle.In addition to high fines, the Clean Air Act (CAA) states that a person who “negligently places another person in imminent danger of death or serious bodily injury” can be sentenced to one year in jail, and a person who who at the time knowingly places another person in imminent danger of death or serious bodily injury can serve up to 15 years in jail. More BP Texas City Explosion Stories here. Labels: BP, Chemical Safety Board, Criminal Prosecution Saturday, January 28, 2006
PERMALINK Posted
11:36 PM
by Jordan
Job Blackmail 101: Michigan Senate Votes To Kill Ergonomics StandardsJob blackmail is as old as capitalism. Put more regulations on us, force us to make the workplace safer, pay a minimum wage, limit the workday to 8 hours, offer vacations -- and your jobs just might disappear. The Michigan Senate voted 22-14 along party lines last week to pass a bill that would bar the state from adopting an ergonomics standard, advocated by Democratic Gov. Jennifer Granholm's administration. The standard would require employers to assess their workplaces for factors that may be causing back injuries, sprains, strains and overexertion and other painful, disabling musculoskeletal disorders (MSDs). Despite the fact that experts estimate that MSDs cost the economy between $45 and $54 billion every year, business interests claim that the health and safety initiative is a job killer, coming at a particularly bad time in a state where auto makers are announcing tens of thousands of layoffs practically every month. Such tactics worked well to kill ergonomics standards in Washington state and in Washington D.C. Ergonomic injuries lead to more than half of all workers' compensation claims in Michigan. In a reponse to Granholm's State of the State address, the Michigan Manufacturers Association called for (what else?) more business tax cuts, and... Our state also needs to oppose any unnecessary regulatory burdens -- like a mandated state-based ergonomics standard -- if we hope to grow jobs. The governor wants to 'continue to slash the red tape that entangles businesses.' A state ergonomics standard would create expensive, unnecessary red tape. Businesses already understand that the health of their workforce is crucially important to their success and do all they can to protect workers.According to Republican state Representative Rick Jones, "The mere fact that the state has a committee pondering tighter workplace restrictions is more economic poison."[I love the "we can't be different from the rest of the country" argument: a perfect case for federal regulations.] Governor Granholm has a more accurate view of the problem. "They're not moving to Canada for the tax structure," she said of foreign and domestic automakers. "They're not moving to Canada for the wages. They're not moving to Canada because there's less regulation. They're moving there because of health care."And the United Auto Workers union thinks that ergonomics standards will be good for the state because automakers are leaders in the field of ergonomics. "It's an asset, a competitive edge," he said. "Why aren't we using it?" Indeed. Governor Granholm is expected to veto the legislation. Labels: Ergonomics PERMALINK Posted 10:48 PM by Jordan Challenger 20th Anniversary: Remembering Seven Workplace DeathsTwenty years ago today, I sat in a hospital room and watched seven American workers die on the job -- televised over and over again -- dozens, if not hundreds of times. They were the astronauts of the space shuttle Challenger and my wife and I were in a room at George Washington Hospital waiting for my first daughter to be born. Nicole was apparently horrified by the tragedy as well, deciding to delay her appearance into this cruel world for another day. Her protest was rather counterproductive, however, because her birthday headline will forever be emblazoned with news of the previous day's tragedy and the horrific photos of the moment when -- 73 seconds after leaving for work -- Francis R. Scobee, Michael J. Smith, Judith A. Resnik; Ronald E. McNair; Lt. Col. Ellison S. Onizuka; Gregory B. Jarvis; and the first teacher in space, Christa McAuliffe, lost their lives.Time Magazine devoted a full half page to the lives of each of the astronauts, and President Reagan gave one of the more moving speeches of his -- or most other presidencies: "They slipped the surly bonds of earth to touch the face of God" -- words far more poetic than have ever been dedicated by any President to any other workplace fatalities, and far more recognition than received by the fifteen to twenty other Americans who died that same day -- and every other day -- in American workplaces. Labels: Ronald Reagan PERMALINK Posted 1:04 AM by Jordan Mineworkers Call On Bush To Withdraw Nomination of MSHA NomineeBack in September, when Bush nominated Richard Stickler to head the Mine Safety and Health Administration, no one (except the United Mineworkers Union) seemed to care much about MSHA or the qualifications of the people in charge. How times have changed. The last thing we need right now is another "Brownie" to do "a hell of a job" with the safety of America's miners. The confirmation hearing for Stickler and Edwin Foulke as heads of MSHA and OSHA will be held Tuesday morning. Given that the Congress has rarely held any oversight hearings covering OSHA or MSHA in the past five years, the hearing had originally promised to be moderately interesting. Given the events in West Virginia mines over the past month, the hearing looks like it will be much more interesting, particularly Stickler's. Earlier this week, the United Mineworkers union called on President Bush to withdraw Stickler's nomination. Noting that MSHA is "riddled with former coal company executives," UMW President Cecil Roberts stated that “America’s coal miners don’t need a coal company executive in charge at MSHA,” Roberts said. “We need a person who understands safety from the miner ’s point of view, and is committed to making the health and safety of the miner the agency’s first priority once again.”Stickler was a mine industry executive before being appointed to run Pennsylvania's Bureau of Deep Mine Safety in 1997. Prior to running the agency, the mines he managed had injury rates that were double the national average, according to government data assembled by the Mineworkers. His performance in his new job wasn't much better. Stickler was head of Deep Mine Safety during the 2002 Quecreek mine disaster where nine miners were saved from a flooded mine. The attorney who represents eight of the trapped miners said he does not support Stickler's appointment because of the secrecy involved in the investigation that followed.Well, hopefully he's at least he's learned not to walk out on the Senators. More 2006 Mine Disaster Stories Labels: Richard Stickler Thursday, January 26, 2006
PERMALINK Posted
11:55 PM
by Jordan
The Battle Of Sago: Mine Company Tries To Run Off The UnionThe Alma mine in Logan Country, where two miners were killed last week, lies in the shadow of Blair Mountain, site of the famous battle between miners and company guards over unionization of West Virginia's coal mines. This week another battle is brewing between the miner's union and the company that owns the Sago mine where 12 workers died -- International Coal Group -- over the union's participation in the investigation of the Sago mine disaster. So far, the union seems to be winning -- with the help of the federal government. Yesterday, ICG guards blocked UMW representatives from accompanying investigators from the Mine Safety and Health Administration (MSHA) from entering the Sago mine to begin the investigation. Although Sago miners are not represented by the UMW, several families of the dead miners designated the UMW as their representatives. MSHA agreed with the union and sought a court order to force ICG to allow union representatives onto company property to participate in the Sago Mine disaster investigation. Today, U.S. District Judge Robert E. Maxwell ordered ICG to allow the union representatives to enter the mine. The battle over the Sago investigation had been brewing for weeks, ever since the company objected to the union sitting in on MSHA's interviews with surviving miners and then claimed that most of the miners had signed a petition requesting that three Sago miners -- and not the union -- be designated as their representatives. MSHA, however, citing Section 103(f) of the Federal Mine Safety and Health Act of 1977, which provides that miners' representatives can accompany MSHA investigators "during the physical inspection of any coal or other mine," recognized the UMW as the workers' representative, along with the company's preferred representatives. MSHA noted Section 103 also recognizes situations where there the agency may permit "more than one representative from each party [that] would further aid the inspection." According to an MSHA press release, "MSHA is doing everything it legally can to enforce the rights of the miners' representatives to participate in MSHA's underground investigation into the Sago Mine accident," said Ed Clair, a top MSHA lawyer. "Together, the state and MSHA made a commitment to the families that we could conduct a fair, open investigation, and we decided we needed to take this extraordinary step to keep that commitment," Clair said in a prepared statement.ICG claimed that it was "disappointed" that MSHA was being "guided by political pressures." Unfortunately, the United Mine Workers of America (UMWA) is trying to insert itself into the investigation in a self-serving attempt to boost their organizing efforts. Yielding to UMWA political influence, the Mine Health & Safety Administration (MSHA) and the West Virginia Office of Miner Health, Safety, & Training (WVOMHST) are trying to force our company to allow the union's participation in the investigation without satisfying the associated regulatory requirements.UMW reps were incredulous at the company's actions, saying that the investigation was "dissolving into a travesty." "This is absolutely ridiculous," said Tim Baker, a UMW safety official taking part in the Sago probe.Judge Maxwell agreed, stating that the UMW has decades of expertise in mine disasters to offer.ICG claimed that it was particularly disappointed because 90 Sago miners had signed a petition designating three miners to be their representatives and not the union. The UMW charged ICG with initiating the petition and circumventing the law: “It is our understanding that this petition was an initiative of ICG management,” Roberts said. “This is yet another frantic attempt by ICG to circumvent the law in this matter and we call on the federal Mine Safety and Health Administration (MSHA) and the West Virginia Office and Mine Health, Safety and Training to investigate this action by ICG management.ICG claims that the effort was undertaken by Sago miners "without the initiation, direction or involvement of company management." But certainly not without interest and approval of company management: On January 20, MSHA officials were presented with a petition from Sago hourly employees that rejected UMWA representation in favor of having three of their coworkers serve as miner representatives. That petition has now been signed by 90 Sago hourly employees – which represents 93% of the active hourly workforce. Those true Sago miner representatives have been participating in the mine reentry process since it began.OK, without "initiation, direction or involvement" of the company. Now, how do we imagine this went? You've got 150 miners suddenly out of work, with no good prospects for the forseeable future -- unless the nice benevolent company offers them jobs in other area mines, and then brings them back when Sago reopens. And look over there, out-of-state union thugs causing trouble. Will no one rid me of this meddlesome union? Nod, nod, wink, wink. Meanwhile, back in Washington DC, the battle over Sago was joined a different level when AFL-CIO Secretary Treasurer Richard Trumka accused the International Coal Group of misleading potential investors by hiding the deteriorating safety conditions at the Sago Mine. In a letter, AFL-CIO Secretary-Treasurer Richard Trumka urged the U.S. Securities and Exchange Commission to investigate and take action against ICG and its founder, New York billionaire Wilbur L. Ross Jr.All of this death, destruction and conflict has apparently been too much for Ross and his wife who have been spotted in Palm Beach at various charity affairs, antique shows and parties, and the cute couple was "photographed wearing color-coordinated outfits at a lunch for Prince Edward and his wife, Sophie, the countess of Wessex, at Wall Streeter Tom Quick's lush estate." "It's a tricky business, but they're not going to stop their lives because of it," said Quest [Magazine] editor David Patrick Columbia. "I think it's a very rough time for them.Yeah, I guess it's rough all over. More 2006 Mine Disaster Stories Labels: Coal Mining, Sago Wednesday, January 25, 2006
PERMALINK Posted
11:13 PM
by Jordan
$7.25 Million Award For Death Of Window WasherLast month, Kansas City Star reporterMike Casey began his series on the ineffectiveness of OSHA enforcement with the story of 25 year old window washer Les James, who, after less than an hour into his first day on the job, fell to his death. OSHA cited the company, Quality Window Washing, for failing to provide James with a safety line or a guardrail and for not securing the window-washing rig to the roof. The company also was cited for failing to attach the window washers’ lifelines to a secure point on the hospital’s roof, separately from the rig. Quality Window Cleaning was fined a whopping $2700. But yesterday, justice was served: Or at least justice was served for the James family. Quality Window Cleaning had also killed an employee in a similar incident in 1996, and another two years after James. Mannschreck blamed both accidents on "employee error" and there were no OSHA penalties in either case. Justice is fickle. It's unclear to me how the James family got around Workers Compensation laws which generally prohibit workers or their families from suing their employer. Exceptions have been made in some states where gross negligence has been shown. Now sure what the reasoning was in this case, but given the slim chance that OSHA penalties will ever be high enough to actually deter most employers from endangering their workers, it would clearly be nice to see more of these verdicts. PERMALINK Posted 9:37 PM by Jordan MSHA Director Dye Disses CongressI listened to part of the Senate mine safety hearing yesterday, starring David Dye, Acting Assistant Secretary of Labor for Mine Safety and Health. After Dye testified, he notified Senator Specter, who was chair the committee, that he had to leave because he had pressing business. Specter launched into a lecture about how the Senators also had pressing business, but that it was important that he stay another hour to answer any further questions that might come up. On the other hand, Specter said, "That's the committee's request, but you're not under subpoena." I was listening to the hearing on the internet, but having been in Washington a good many years, and having observed a number of oversight hearings, I naturally assumed that Dye had taken the Senator's subtle hint, and kept his butt firmly planted in those uncomfortable chairs. Turns out he got up, turned around and marched right out of the room. Interestingly, one of the reasons Dye said he had to head back to the office was to deal with a mine fire that was raging in Colorado. Hmm, sounds urgent. Important things to do. Miners at risk. Can't be wasting time blah blahing with a bunch of fat hot air bags. Urgent. Must leave. But it turns out, according to the Charleston Gazette, that the urgent mine fire wasn't quite as urgent as Dye made out: Apparently, Dye was referring to a fire at Arch Coal Inc.’s West Elk Mine. That fire has been burning since November. The mine is temporarily closed, and there were no reports this week of any emergency situations there.The Senators were not amused at Dye's "I think I hear my mother calling me" dodge. West Virginia Senator Robert Byrd said: Dye’s departure was a “gross error” and a “very arrogant thing for him to do,” especially after subcommittee chairman Sen. Arlen Specter, R-Pa., specifically asked him not to leave.The Washington Post's Ruth Marcus called Dye's departure "a perfect illustration of the Bush administration's attitude toward Congress," Remember, as I've written before, this is the first time since 2001 that the Congress had held an oversight hearing into mine safety. And even after 15 miners die in three weeks, in incidents that, with the appropriate procedures and equipment, may have been survivable, MSHA officials make no secret of the fact that they view informing Congress of their activities as about as valuable as a fat red hemorrhoid. As Specter said, "I can't recollect it ever happening before. We'll find a way to take appropriate note of it." Should be interesting. More 2006 Mine Disaster Stories Tuesday, January 24, 2006
PERMALINK Posted
10:47 PM
by Jordan
Trench Collapses and Murder: Anyone Listening Out There?There's something very, very wrong here. I noted that OSHA had fined a Texas construction company the other day, Site Concrete, $117,500 for their "alleged failure to protect employees from cave-in and other safety hazards." The citations included one alleged willful and two alleged repeat violations. The OSHA press release stated that at the time of the inspection, four workers were installing a new valve on the water main inside a seven-foot deep trench. OSHA standard require shoring or sloping of any trench more than 5 feet deep. OK, not bad, I thought. This is clearly a bad actor: "Since 1998, this employer has been inspected by OSHA 16 times, resulting in $231,510 in fines and penalties. Exposing employees to unsafe working conditions is unacceptable," said Kathryn Delaney, OSHA area director in Dallas. "Employers must follow safety and health standards to prevent injuries and fatalities, and are responsible for providing a safe and healthful workplace for their employees."But then, something fluttered way deep inside this aging brain of mine...Site Concrete, where have I heard that name before? Oh, yeah. These guys hadn't just been inspected and fined a number of times over the past seven years, they killed a worker just over a year ago in a 15-foot deep trench, a fact that seems to have been left out of the OSHA press release. For that little infraction, the company received a $147,000 penalty (including a willful and repeat citation), which is being appealed at the moment. I wrote a very angry piece after that last fatality, which I won't repeat here. It's full of anger at OSHA for not having thrown these guys in jail or even bringing a willful citation in the ten previous inspections where trenching violations were found, anger at Site Concrete's attorney who didn't think they had done anything wrong, and anger at the state of Texas for continuing to allow this criminal corporation to receive government contracts. Go read it yourself. But I'm mostly pissed off right now because just last night I printed a heart-breaking article by the step-daughter of Mike Morrison, a man killed in a preventable trench collapse and I can't help but think that if OSHA had started throwing these assholes in jail everytime they kill someone in a trench, Mike Morrison and many others would be alive today. Excuse the profanity, but is there any good reason that the owners of Site Concrete aren't in jail tonight? Is there any good reason that any trench collapse should be considered manslaughter or homicide or murder? Can we just see a little bit of the anger over this situation that we're seeing in West Virginia? And maybe a Congressional hearing or two? Hello? Anyone listening? Labels: Criminal Prosecution, Trench Hazards PERMALINK Posted 10:24 PM by Jordan Workers: The Secret Weapon In The Fight For Real Homeland SecurityIt is ironic -- no, tragic -- that the Bush administration banned and harrassed unions in certain "sensitive" government agencies because unions and homeland security are somehow incompatible, yet it is chemical plant workers -- union workers -- who are best able to help prevent destruction by home-made weapons of mass destruction -- in our chemical plants. A column in today's Philadelphia Inquirer by Rick Engler, director of the New Jersey Work Environment Council (WEC) and WEC President and Teamsters Local 877 member John Pajak, explain the benefits to the New Jersey Department of Environmental Protection's new policy that requires chemical companies using extremely hazardous chemicals to include workers during DEP inspections of their facilities. It's the first policy of its kind in the country and will allow workers to "help identify hazards, including those that might lead to catastrophic chemical incidents, whether from industrial accidents or terrorist acts." Because of their daily work, training and experience, chemical workers know the risks - and the gaps in addressing them - better than anyone. A 2004 national survey of unions at 125 facilities using high volumes of extremely hazardous materials revealed that few companies involved their hourly workforces or local union leaders in assessing vulnerabilities, incident prevention, or planning for emergencies. Labels: Chemical Plant Security PERMALINK Posted 10:03 PM by Jordan Mine Disasters On T.V.Here are some excerpts from television interviews about the recent mine disasters. CNN PAULA ZAHN NOW 8:00 PM EST, January 23, 2006C CHRIS HUNTINGTON, CNN CORRESPONDENT (voice-over): This West Virginia miner is still trying to come to grips with the tragedy in the Aracoma Mine, the fire that he escaped, but that killed his friends, Don Bragg and Elvis Hatfield. And one more from CNN on the profitability of the coal industry. CNN 1:00 PM EST, January 23, 2006 More 2006 Mine Disaster Stories Labels: Coal Mining Monday, January 23, 2006
PERMALINK Posted
11:58 PM
by Jordan
Graniteville, SC: One Year LaterOne of the more chilling workplace and environmental incidents of last year was the chlorine release in Graniteville, SC that killed nine workers, the train's engineer and eight workers in an adjacent Avondale Mills factory, after a train carrying pressurized chlorine gas crashed into a parked train on Jan. 6, 2005. In addition to the nine workers killed -- 240 were injured and more than 5,000 residents were forced to flee the poisonous gas that seeped into their homes for days. That event was over a year ago, but the effects linger, not just in the physical health of the residents, but in the economic and social health of the community. "It has been one thing after another," said Logan, an inspector for the Douglas Schmidt Law Office, which represents 600 residents and business owners who say the spill harmed their property or their health. |