Asbestos Comp Bill: First Kill the Lawyers?

Well, not all the lawyers, not the corporate attorneys, just the trial attorneys.

As I've said before in reference to the jihad against trial lawyers, it's easy to criticize them as greedy, but in the absence of any recognition withing the current regime -- or the media -- of the importance of regulation and enforcement against corporate crime, lawsuits and trial lawyers are the best -- perhaps only -- thing workers, communities and consumers have going for them.

Norwood’s Cluster Bomb: Mini-Anti-OSHA Bills

Figuring his chances of making “progress” are better with many small bills than with one big bill, Representative Charlie Norwood (R-GA) has broken down his “OSHA Fairness Act of 2003” into several smaller bills which will be brought up for “mark-up” on Thursday. Mark-up is when the committee considers amendments to bills and then votes on them. Norwood, who once accused OSHA of killing the toothfairy when it issued the bloodborne pathogens standard, has made it a personal crusade to castrate the agency.

Norwood’s bill (see here and here) would have provided new “tools” to employers to fight OSHA citations. The most controversial part of the bill, an amendment to the OSHAct’s definition of a willful citation, has been dropped for now. Instead, Norwood is proposing four bills: HR
2728-- --Contesting Citations (extending the time period allowed to challenge a citation if an employer accidentally misplaces the citation or his dog eats it) HR 2729--OSHA Commission (which would expand – stack -- the Occupational Safety and Health Review Commission);HR 2730--Independent Review and HR 2731--Attorney Fees (which would require OSHA to pay all court costs when it loses a case against a small business).

Things I don’t get:

All of you faithful readers of Confined Space notice how I periodically list fatalities that I’ve found in newspapers on the web. Most of these are unfortunately common ways to die in the workplace – falls, trench collapses, welding incidents, electrocutions…. All preventable, well known hazards, covered by straight-forward, well known OSHA standards. But workers keep dying from these same well-known hazards, hundreds every week.

So what’s the problem? Employers don’t have enough information? Maybe they need more guidelines and warnings? Bushit. What’s clearly needed is a large enough budget (and the political will) to fund more enforcement, more inspectors, more worker training, higher fines and time in jail.

Let’s put all of this in perspective. According to Rummy, we’re spending $4 billion a month in Iraq – and that’s just what they’re admitting to. So, let’s see. That’s something like 9 to 10 times the entire OSHA annual budget each month. And far more Americans die each month of fatal workplace injuries than have been killed during the entire Iraq war. And there are far more chemical and biological weapons threatening American workers every day in our factories, chemical plants and hospitals than we’ve found in Iraq.

And while we’re at it, what ever happened to the tuberculosis standard (oh yeah), the PPE Payment standard, and the reactives revision to the Process Safety Standard?

But no, Charlie Norwood and his little committee focus instead on some red-herring anecdotal stories about oppressed small businesses while workers continue to die because OSHA can't get to enough workplaces.

It’s enough to make me want to call Congress. Speaking of which, see that box on the right hand side of this page. Here are the members of the committee. You know what to do.


Republicans

Charles Norwood (GA)
Judy Biggert (IL)
Cass Ballenger (NC)
Pete Hoekstra (MI)
Johnny Isakson (GA)
Ric Keller (FL)
John Kline (MN)
Marsha Blackburn (TN)

Democrats

Major Owens (NY)
Ranking Minority Member
Dennis Kucinich (OH)
Lynn Woolsey (CA)
Denise Majette (GA)
Donald Payne (NJ)
Tim Bishop (NY)

As a matter of fact, call you congressional representatives even if they're not on the committee. Tell them you're tired of people dying in the workplace while Bush gives tax cuts to his friends. Or better yet, take a delegation and go visit them when they're on break next month. I'm sure they'll be glad to hear from you.

Other Congressional News

PPE Standard

The FY 2004 House Labor Appropriations Bill includes language criticizing OSHA for its “lack of progress” on issuing its “payment for PPE” standard that would require employers to pay for personal protective equipment that is required by OSHA standards. This rule was on the verge of completion when Bush took over. The UFCW and Congressional Hispanic Caucus have petitioned OSHA for its immediate issuance.

The committee stated that it was especially concerned because of the growing rate of deaths and injuries among Hispanic workers.

Along with inclusion of language urging OSHA to issue an airborne disease standard, this makes for a very interesting Appropriations report.

OSHA Budget

The bad news is that the House would provide $300,000 less to OSHA in FY 2004 than in 2003. The good news is that the Senate bill provides for $13 million more for OSHA and the Senate is expected to prevail. The House bill would provide for drastic cuts in OSHA’s training grant program, while the Senate bill, for the third year in a row, requires OSHA to continue to fully fund its Susan Harwood Grant Program.

All in a Day's Work: While Republicans Fiddle, Workers Die

Calpine contractor dies in geothermal blast
New Mexico man becomes second of firm's specialists killed this year

A 44-year-old New Mexico man was killed over the weekend in a blast in geothermal fields in northwest Sonoma County in the second death this year of specialists hired by energy giant, Calpine Corp.

Calpine Corp. said the victim, identified by the Sonoma County coroner as Barry Carpenter of Farmington, N.M., was single. Carpenter worked for a drilling company, Air Comp....In May, a Merced maintenance worker who was inside a steam-cooling tower perished when a fan with blades was turned on.

More here.

Worker Dies After Falling Into Vat Of Cyanide
State Labor Department Inspecting Metal-Plating Company

MUNCIE, Ind. -- A worker at a metal plating company was killed when he fell into a 7,000-gallon vat of cyanide.

Investigators said no safety equipment appeared to have been in place that could have prevented 56-year-old Joseph Gray from falling into the vat Friday at Mid-City Plating Co.

Accident Kills Pair of Painters

Two construction workers who were painting the back side of a building at a Fairfax County, VA country club yesterday were killed when the cherry picker they were in tipped over, Fairfax County police said.

Former Princeton man dies in radio tower fall
PRINCETON, Ky. -- A former Princeton resident has died following a 450-foot fall from a Pennsylvania radio tower last week.

Clifford T. Williams, 26, of Paducah, formerly of Princeton, fell while he and another man per-formed maintenance on a 490- foot radio transmission tower in Greene Township, Pa., near the Ohio state line.

Coroner's officials said Williams was wearing a safety belt, though investigators have not disclosed whether the belt was connected to any of the tower's safety devices.

'Nothing more noble... nothing more humbling': Singapore Health Care Workers Saluted

They stood where few dared to stand, and died in the line of duty.

Last night, Prime Minister Goh Chok Tong saluted the five health-care workers - two doctors, two nurses and a hospital attendant - who paid the ultimate price.
His tone was sombre as he named the five, one by one in a measured cadence.

Mr Goh said: 'Ong Hok Su, Alexandre Chao, Hamidah Ismail, Jonnel Pinera and Kiew Miyaw Tan knew the danger of Sars. But they did not flinch from their duties. They sacrificed their lives in the service of others.

'There is nothing more noble. There is nothing more humbling.'

NY Public Employees Call for Workplace Violence Standard

Responding to a continuing rise in the rate of workplace violence in New York, public employee unions are calling on the state Hazard Abatement Board to issue a standard protecting workers against workplace violence. According to the Public Employees Federation,

The number of assaults on state employees has risen from 1,396 in 1999 to 1,710 in 2001. And the rate of assaults and injuries per 10,000 state employees rose to 83.5 in 2001, a 26 percent increase over the 1999 rate.

When you factor in direct and indirect employment costs, workplace violence costs the state an estimated $42.5 million annually.

Thanks to joint efforts with PEF, injury statistics for the state Office of Mental Health have improved, but still show an extremely high statewide accident rate of 25.1 accidents per 100 workers in 2001-02. This rate is doubled to 51.1 when only forensic facilities are considered.

More Problems with Asbestos Compensation Bill

Interesting notes from a trial lawyer about the recent hearing on Senator Orrin Hatches Asbestos Compensation bill and how it would affect his clients with mesolthelioma.

Greens: Re-elect the President

Where have they been, under a damn rock for the past 2 ½ years?

Most, however, said the party should join the race. Many said they believe there is still little difference between the major parties -- one activist tagging them "Republicrats and Demopublicans."

For those lost souls reading this, check out Repentant Nader Voter.org. Come on guys. You can do it. One day at a time.

Suspicious Rumblings in Hawaii.

We all know that the Republicans’ wildest dream is to transform OSHA from an enforcement agency into a consultation agency where they would just give advice to employers instead of acting like the Gestapo and (gasp) actually penalizing them when they break the law.

Well, Hawaii Republican Governor Linda Lingle may be a dream come true for George Bush and Elaine Chao. The Honolulu Star Bulletin reported that Lingle had told the Chamber of Commerce of Hawaii that:

HIOSH (Hawaii OSHA) will soon send warning letters to businesses, without citations, and will no longer be an enforcement agency, but instead become a "consultation" agency, Lingle said.

If that quote is true, it would mean that Hawaii, a state-plan state that runs its own OSHA, would be handing enforcement back to the federal government. All state plans are required to be “at least as effective as” federal OSHA, which means that they actually have to enforce the law, not just hand out good advice and hope everyone follows it.

What set Lingle off? According to the Star Bulletin,

"There was a case," Lingle said, "where a moving company was cited for moving a 50-pound box. A moving company! That's what they do, move!"

Yeah, and a window washing company washes windows. Does that mean that OSHA shouldn’t cite the employer if a worker falls to his death while washing a window? “But they’re a window washing company. That’s what they do, wash windows!” “But they’re a trenching company. That’s what they do, dig trenches!”

Well, to quote the old Saturday Night Live line (for those of you old enough to remember): “Linda, You ignorant slut!”

There are safe ways to wash windows and unsafe ways. There are safe ways to dig trenches and unsafe ways. And there are safe ways to lift boxes and unsafe ways.

Anyway, Lingle's administration

is about "creating quality jobs," by passing good laws, repealing or vetoing bad ones, and working administratively to create a better environment for Hawaii businesses.

"We want a safe workplace," Lingle said. "But that's the same thing you want. In the past HIOSH had the attitude that they want a safe workplace, and you don't."

No, it's not that you don't want a safe workplace. You just don't want to pay for a safe workplace. Quality jobs? Ugh!

Anyway, this may, in fact, just be a Republican wet dream. A couple of days later, the Star Tribune reported another version of Lingle’s speech

Instead of issuing a no-fine citation on the first violation, creating a mandatory "repeated offender" fine on any subsequent violations, the administration plans to issue warning letters for minor infractions, she said.

"We want to become known as a consultation agency rather than an enforcement agency in order to ensure workplace safety," Lingle said. "We think it's a better approach."

What she's actually going to do with HIOSHA is not clear. But what she wants to do is crystal clear. The same thing that the current regime here in Washington wants – an agency that will just give out friendly warnings instead of citations; slaps on the wrist instead of fines. For now they won’t because they can’t without major changes in the law that would reveal what they're really up to.

But don’t think that’s not what they’re planning. Download an illegal song off the internet or try to sell a bong and you’ll earn the wrath of John Ashcroft, fines and jail time, but injure or kill workers? Tsk, tsk. No supper for you tonite.

Stay tuned and we'll keep you posted. Any Hawaiian readers out there who can fill us in? Or am I going to have to come on out there and find out for myself?

Labor's Silver Lining

Former neighbor and UE staffer Lance Compa argues in a Washington Post column, that like Mark Twain's reported death, the demise of the labor movement has been greatly exagerated. Compa points out that despite labor's falling percentage of the workforce, "union members are more engaged in community and social affairs than unorganized workers, and continues in electoral politics. "

Despite hostile laws and significant number of American workers who aren't even allowed to join unions, in certain important economic sectors, labor still has a strong showing.

West Pharmaceutical Statement: The Buck Doesn't Stop There.

The West Pharmaceutical statement regarding the NCOSHA fine for the dust explosion that killed six employees is here.

As I wrote yesterday, West settled the case for a $100,000 fine and a $300,000 contribution to local organizations that provided assistance to West and its employees in the aftermath of the January 29th incident. Kevin Beauregard, interim director of the the North Carolina Depart of Labor's occupational safety and health division, said that the probe raised three safety issues: dust accumulation, electrical equipment placed in an area where it was not approved and ineffective employee training on the hazards of the chemicals used. NCOSHA initially cited West for 86 violations related to those three issues. The company had faced a $602,000 fine.

But under the settlement, the company was cited for one "general duty" violation - failing to provide a safe workplace. The other 85 violations were dismissed.

But the company was not happy with the settlement.

Donald E. Morel, Jr., Ph.D., Chairman and Chief Executive Officer stated:

West cooperated fully with NCOSHA's investigation and we are very disappointed that any citations were issued. West vigorously disagrees with its allegations of non-compliance with certain NCOSHA requirements and we firmly believe that we would prevail if we contested the citation.

Now let's look at this. West "vigorously" disagrees that it had done anything wrong. This is a curious argument for a company where working conditions killed six employees.

No one is saying that West killed the employees intentionally, or even negligently. They may even be good corporate citizens. They're rebuilding in Kinston and have kept most of their employees working at other West plants.

West is probably arguing that it didn't violate any specific OSHA standards that led to the deaths. But even discounting the other 85 violations that were dismissed (which I haven't seen), the OSHAct does contain a general duty clause, Section 5(a)(1) of the law, which states that

Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.

In order to sustain a general duty clause citation, the hazard must be able to cause death or serious physical harm and it has to be "recognized." reconsidered doesn't just mean recognized and acknowledged by the employer; it can also mean recognized in the industry. And there is no doubt that the hazards of dust explosions are well known in industry. Do a Google search. I came up with over 100,000 hits. Clearly all are not relevant, but you get the idea.

Congress in its wisdom wrote the General Duty Clause into the act because it recognized that OSHA would not be able to issue a standard to cover every recognized hazard. They probably didn't realize in their wildest dreams how difficult it would become to issue new standards -- which makes effective use of the General Duty Clause all the more needed.

So stop whining and just focus on not letting anything like this happen again.

White House Accidentally Reveals the Truth

This is not the Onion.

Buzzflash points out that occasionally the White House accidentally tells it like it is. Check out the subtitle on the State of the Nation page of the White House Webpage.

[Note (7/28/03): The subtitle has been taken down. It originally read: "Denial and Deception"]

NC OSHA Cites West Pharmaceutical for Dust Explosion that Killed Six

North Carolina OSHA fined West Pharmaceutical $100,000 for a dust explosion that killed six employees last January. West has also agreed to contribute $300,000 to organizations that provided assistance during the tragedy.

West officials were not happy.

Company officials felt the fine was unjustified. "We're clearly disappointed OSHA chose to give us a citation and a proposed penalty. We believe we did not violate the NC OSHA Act as alleged. And further more, we believe that if we chose to contest the citations, we would prevail," said company chairman Don Morel.

Yeah, go ahead and contest it. That will win you lots of good will in the community.

The orginal citation was for $602,000. As part of the agreement, which included the $300,000 contribution, West Pharmaceuticals denied it violated the act.

"The first issue had to do with combustible dust. The second issue had to do with electrical equipment,” said Kevin Beauregard, NC Department of Labor. “And the third issue had to do with employee training."

At a public hearing last month, the US Chemical Safety and Hazard Investigation Board released preliminary findings that West Pharmaceutical Services created conditions for the deadly blast at its Kinston plant by installing a suspended ceiling that allowed explosive dust to build up out of sight. More here.

The 21st Century Jungle

Every once in a while I do a search for workers who have died in the past days. It's depressing and it's infuriating. Look at the list below. There's barely one that isn't readily preventable and an obvoius violation of an OSHA standard. So what does it take? More guidelines and legislation to get OSHA off the backs of smal employers?

Bad year for miners

Coal Mine Deaths Increase

The 20 fatalities so far for 2003 have occurred at a somewhat faster rate than in recent years, according to federal Mine Safety and Health Administration records. Kentucky leads the country with seven coal mine deaths this year — continuing a pattern in which the state has led the nation in mine fatalities for most of the past decade. Indiana has had one fatality this year.

Worker is killed in dock accident
By RAY HENRY, Standard-Times staff writer

NEW BEDFORD -- A 25-year-old worker was crushed to death by a falling metal cage near a waterfront loading dock off Hassey Street Monday morning, police and witnesses said.
Luiz Garcia Gomez of Viall Street, a worker at Nebula Foods Inc., was repairing a pothole around 11:45 a.m. with his cousin and another man when a forklift at Big G Seafood on the loading dock above them hit a cable attached to a metal cage, said Lt. Richard M. Spirlet, a spokesman for the New Bedford Police Department

Worker dies in 40-foot fall
Man is 4th killed at a construction site

By Dave Gustafson
The Sun News

A construction worker died after falling about 40 feet at 11:30 a.m. Tuesday in North Myrtle Beach.

Alfonso Morales, 41, of Loris, was taken to Seacoast Medical Center in Little River, where he was pronounced dead at 12:05 p.m., said Horry County Coroner Robert Edge.

Every hear of fall protection?

Three other Myrtle Beach construction workers have been kiled on the job since December: Oscar Barojas, 23, Chad Edward Steffey, 18, and Juan Vazquez, 31.

Note the percentage of hispanic surnames.

Kankakee County man dies in ditch collapse

July 15, 2003 (Kankakee) — The Occupational Safety and Health Administration is investigating the death of a Kankakee County man in a workplace accident.

Coroner James Kelly says 22-year-old Nathan Barber died yesterday after he was buried when a ditch collapsed while he was working inside.

Some "accident." I wonder how deep the ditch was.


Here's another stupid, pointless death.

Welder dies after explosion

By Norman Miller / News Staff Writer
Wednesday, July 16, 2003

FRAMINGHAM -- Christopher Lyon's family left a Boston hospital Monday night happy because a doctor told them the Connecticut welder injured in an explosion two weeks ago looked as if he was going to make a full recovery.

Early yesterday morning, the Lyon family received a call from Massachusetts General Hospital telling them Lyon, 31, had died from injuries he suffered in the explosion on July 3 at the Triram Corporation at 721 Waverley St.....

Lyon was welding on top of a 28-foot, 15,000-gallon asphalt container on the afternoon of July 3 when the heat from the welding torch caused the fumes in the tank to explode.

Fire officials said he was thrown to the ground, and suffered serious injuries. He was taken by a medical rescue helicopter to Massachusetts General, where he remained until his death.


400-Foot Drop Kills Radio Tower Worker

GREENE TOWNSHIP, Pa. -- A man died Tuesday morning after falling about 450 feet from a radio tower while he was repairing an antenna, WTAE's Sheldon Ingram reported.

Clifford T. Williams, 26, of Paducah, Ky., was pronounced dead at the scene in a remote area of Greene, Beaver County.

Every hear of fall protection?

Meanwhile, stay away from those paving jobs in Denver.

Worker dies after falling under wheels of truck

A 53-year-old man died Monday morning in the 4400 block of South Yosemite Street when a dump truck full of asphalt backed over him.

The man's identity was withheld pending notification of relatives.

The victim, who worked for Cutler Paving, was marking manhole covers about 10 a.m. when the dump truck owned by Pronto Trucking Co. backed up to load a hopper on an asphalt spreader. The victim attempted to stand up, but slipped and fell under the rear wheels of the truck, said Sonny Jackson, Denver police spokesman.

Road Worker Run Over By Road Grader

DENVER -- A city road-paving crew worker was seriously injured Tuesday when he was run over by a road grader while working in downtown Denver. Witnesses said the worker was hit by a 50-ton road grinder

The victim, identifed as Robert G. Romero Jr., 32, was later listed in serious condition at Denver Health Medical Center.

It was not known why Romeroa didn't see the machine before he was hit.


Man Electrocuted In Gainesville
POSTED: 11:36 a.m. EDT July 14, 2003

A welder was apparently electrocuted while working on a metal balcony at a construction site in Gainesville, authorities said.

Javier Gonzales, 37, of Norcross, Ga., died in Sunday's accident, said Sgt. Keith Faulk, an Alachua County Sheriff's Office spokesman.

Workers told authorities that Gonzales, an employee of Allen Steel Products of Arlington, Tenn., was installing a metal subfloor on a balcony using an 8,000 watt welding machine.

Although detectives are awaiting the results of an autopsy, authorities believe he was electrocuted by the welding machine, Faulk said.


Fall from Skyway kills man

A construction worker died Wednesday night after falling about 50 feet from the Chicago Skyway. Dennis P. McNamara, 63, of Wood Dale had been working above the eastbound traffic side near I-90 and 77th. He was pronounced dead at Northwestern Hospital.

Every hear of fall protection? Hello. Anyone paying attention out there?

Graveyard Shift: Faster to the Graveyard...and the Poorhouse?

Employers who think shift work is a profitable bed of roses should think twice according to this article.

Graveyard-shift workers make five times as many serious mistakes and are 20 percent more likely to suffer severe accidents, Circadian found. Those on the overnight shift also have a significantly higher incidence of costly diseases and disorders, costing employers billions. ...Night workers also seem to eat more fatty foods during their 3 a.m. lunches. Obesity and diabetes rates are higher among overnight-shift workers, according to Circadian. All-night workers tend to have heart disorders at rates 40 percent higher than those of workers on dayside shifts.

Higher divorce rate, more stress-related illnesses, higher health care costs.

And just to add insult to injury, the Bush administration is trying to get rid of the 8-hour day.

Life's only a bed of roses if you have time to go to bed.

Ergonomics Revisionism?

Check out the first paragraph of this article:

New ergonomics guidelines pose challenges

Lynlee Wells Palmer

After a lengthy ergonomics debate between industry and the U.S. Department of Labor's Occupational Safety and Health Administration, OSHA has been forced to abandon its hope for broad ergonomics regulations in favor of industry-specific guidelines promulgated under the Occupational Safety and Health Act's general duty clause, a catch-all clause that enables OSHA to issue both ergonomics guidelines and citations for ergonomics hazards within a workplace.

Calling the truth squad for rewrite:

After a lengthy ergonomics war between industry and the U.S. Department of Labor's Occupational Safety and Health Administration, OSHA forced workers to abandon their hope for broad ergonomics regulations in favor of unenforcable industry-specific guidelines. OSHA is now only able to cite employers under its general duty clause, a catch-all clause that enables OSHA, when it seems politically necessary, to issue citations for ergonomics hazards within a workplace.

Aside from the fact that the author is an attorney representing management who doesn't understand OSHA or recent history or OSHA's General Duty Clause, it's not a terrible article. (I hope she doesn't charge too much.)

For enquiring minds, it is true that OSHA can cite under the General Duty Clause, but the General Duty Clause has nothing to do with OSHA's ability to write voluntary guidelines. The guidelines that OSHA has issued have a very lengthly disclaimer stating that the guidelines can not never, ever, ever, in a million years, no matter what, be used to cite employers, cross their hearts and hope to die. Don't even THINK about it! (Although in somewhat more legalistic language).

Chemical Neighbors: Can't Live With 'em, Can't Live Without 'em

Dear Abby:

I have a problem. It's my next door neighbor. He makes smelly stuff that pollutes the air, but sells very well. He hired some neighborhood kid to do some welding near a leaky tank full of sulfuric acid which exploded and not a trace of him was ever found again. He spilled millions of gallons of sulfuric acid into the creek and has been fined hundreds of millions of dollars by the federal government. But he's so rich he doesn't care.

Now, you might think I'd be writing you to ask your advice on how to get rid of him. But actually, I don't want to do that. I need him. My kids work for him and he supports the whole town. I don't like him, but I need him.

Am I crazy?

Signed:

Miffed by Motiva

Asbestos Comp Follies, Continued

As I reported earlier this week, Orin Hatch’s (R-UT) asbestos compensation bill was approved by the Senate committee. Aside from Diane Feinstein (D-NY), all Democrats on the committee opposed the bill. All Republicans voted in favor, except for Jon Kyl (R-AZ) who abstained. But no one seems to happy, except Halliburton and a few other companies.

The AFL-CIO opposes the bill:

The unions argue that manufacturers and insurers should pay more into the fund to ensure that claimants receive as much as under the tort system. But industry says the bill would provide more compensation because lawyers' fees would be curtailed under the Hatch bill.

"The legislation has sound medical criteria but on the core issue of providing victims fair compensation for their disease it doesn't meet the mark," said Peg Seminario of the AFL-CIO, the umbrella organisation for labour unions.

Democrats aren’t happy:

Several committee Democrats, including Patrick J. Leahy of Vermont and Edward M. Kennedy of Massachusetts, said they liked the idea of a national trust fund, but that Hatch's plan does not provide enough money for victims.

At the hearing, the panel voted to raise the payment for victims of mesothelioma, which is unique to asbestos exposure, to $1 million. But Kennedy noted that payments to lung cancer victims who have been exposed to asbestos will be limited to $150,000.

"That is outrageous," Kennedy said. "The real crisis that confronts us is not an 'asbestos litigation crisis.' It is an asbestos-induced disease crisis."

Insurers are also opposed:

Insurers believe that any extra funding should be provided by the manufacturing industry, which used the carcinogenic material for insulation in the 1970s.

"We are opposed to the bill," said Gary Karr of the American Insurance Association. "We believe the contingency funding should be paid by the industrial defendants."

As I mentioned above though, Halliburton is very happy:

Over its 27-year life, the fund is supposed to have $108 billion to pay people who develop cancer or other health impairments from their exposure to asbestos in the workplace.

The money in the trust fund would come from about 8,500 companies that made or sold asbestos products directly or through their subsidiaries, as well as the companies' insurers. But most of the firms would pay no more than $25 million a year.

The arrangement could prove a windfall for Halliburton and its insurers.

In February, the company reached a "global settlement" of 200,000 asbestos claims. Under the deal, Halliburton and its insurers agreed to pay $4.2 billion to settle the claims.

Dresser Industries, a Halliburton subsidiary, had incurred the asbestos liability through another company it once owned.

But the Senate bill, the fate of which remains uncertain, would cancel all such pending settlements.

At $25 million a year, Halliburton would pay $675 million over the 27-year life of the federal trust fund.

Other unhappy parties include the intended beneficiaries of the pending settlements that would be canceled under this legislation:

An estimated 1.3 million workers in construction and industry face "significant asbestos exposure on the job," according to the U.S. Occupational Safety and Health Administration.

Victims are not always older workers who labored in shipyards or factories.

Angela Ruhl, 39, of Garden Grove has two teenage children and suffers from mesothelioma, the asbestos-induced cancer that is usually fatal.

Her uncle worked at the Long Beach Naval Shipyard, and she believes she was exposed through him and his work clothes, which were laundered at her home.

"I know it's incurable," she said of her disease, although she has responded well to several experimental drugs.

After being shocked by the diagnosis of the medical condition, Ruhl said she was jolted again when she learned that the pending legislation could cancel the settlement she and her lawyer had worked out with the unnamed companies that made the asbestos.

"I was dumbfounded. I didn't think they could do this retroactively," she said.

"We have received a settlement and signed the agreement, but this would cancel it because the money has not been paid yet."

Trial Lawyers are also opposed to the bill because they would no longer make money off of asbestos litigation. Nothing wrong with this, according to Hatch:

Some people are making a very good living off this broken system," Hatch said during Thursday's daylong hearing. "They are the ones hurting the system for a quick buck and don't want their lottery taken away."

Yes, “greedy” trial lawyers are easy targets, but lets look at the world. What or who is out there really making corporations pay – pay so that it really hurts them – for injuring, killing and making workers sick? Not OSHA with its anemic fines and almost complete inability to issue new regulations. Workers alone certainly don’t have the money to hire attorneys and pay their fees and they can’t sue their employers. It’s really only the system where attorneys get a percentage of the money they win for their clients that has made companies think twice about producing dangerous products. And it’s often the money that these firms make off these lawsuits that allow them get involved in less profitable activities to benefit workers.

Bottom line is that this bill isn’t going anywhere as it stands now. A compromise will have to be reached that keeps the liable companies in business but still provides adequate compensation to current and future victims.

We should all just remember that this whole tragedy is a result of decades of corporate lies and cover-ups about the health effects of asbestos – a deadly mineral that is still being used in the United States. And when you look at the situation with chemical testing and regulation in this country, it’s hard to see that these same companies have learned their lesson.

Telemarketers are People

My blogger comrade Susan Madrak at Suburban Guerrilla reminds us that those obnoxious telemarketers are actually people -- often low-paid people who cannot find other work. OK, I still don't like the calls, but I'll try to be nicer before I hang up.

Another Workers Comp Battle

First you injure them, then youmake sure they never get compensated. I've written about workers compensation several times over the past few weeks, here, here, here, here and here. The battles continue, this time in Ohio.

Ergonomics and Democracy, American Style

Sometimes I have to wonder what kind of democracy we live in. The answer seems to be "the best that money can buy." We all know about the fiasco of campaign finance reform. And of course there's Ari Fleischer's almost famous statement (when asked about the obscene amounts of money that President W is raising) that the amount of money a political party raises is reflective of their support amoung the American people. (cough)

Californians are soon to be faced with a recall of their governor, elected less than a year ago, because of a recall campaign financed by millionaire conservative Congressman and former car thief Darryl Issa.

Now, the good citizens of Washington State are soon to be faced with a referendum on their ergonomics standard, thanks to a well funded campaign by the Building Industry Association of Washington, which represents home builders. Other supporters are the National Federation of Independent Businesses, the Association of Washington Business and the Washington Farm Bureau.

On July 1, the BIA submitted initiative petitions with about 260,000 signatures to the Secretary of State's Office in Olympia. Initiative organizers turned in even more signatures by the July 3 deadline.

"We can't afford what it's going to cost business in the state," said Randy Gold, president of the Building Industry Association of Washington. "This will be a job-killer."

Gold said his association is prepared to spend more than $1 million to get Initiative 841 passed. Already, initiative backers have spent $347,000 to gather signatures.

But money isn't the BIA's only weapon. They may not steal cars, but they make good use of lies to help them along. I wrote over a month ago about the outrageous lies he business associations admitted making in order to collect signatures for the referendum. The BIA's webpage actually implied that Senate Minority Leader Tom Daschle supported Bush's repeal of the ergonomics standard (although this statement seems to have been taken off of their web page.)

The regulation was adopted in 2000 in response to the over 50,000 Washington workers who suffer ergonomics injuries every year. Washington business interests have been waging a non-stop -- and unsuccessful -- battle to have the standard repealed by the legislature and overturned by the courts.

Although the business associations are ideologically opposed to the standard, actual Washington businesses don't seem to think the sky is falling. The Associated General Contractors are remaining neutral in the campaign. One of Washington's largest commercial contractors, GLY Construction Inc., "last year tried out the new ergonomics rules in a demonstration project with the state Department of Labor and Industries." Although Tim Gottberg, the company's risk manager, complained about paperwork,

nonetheless, Gottberg said GLY would keep its ergonomics program even if Washington voters repeal the rules, chiefly because the company wants to reduce workplace injuries and help carpenters finish out their careers in an industry with physical demands.

Fighting this effort to overturn these workplace protections has national significance. If Washington's ergonomic standard is overturned, it will doom similar state efforts as well as efforts to convince federal OSHA that a standard is the only way to reduce ergonomics hazards that continue to be the biggest cause of injuries in American workplaces. Check out the Washington State AFL-CIO webpage for information about the campaign to defeat the standard.