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Feb. 9, 2015 by Matt Shudtz

Winning Safer Workplaces: The State-plan Switcheroo

In Kansas and Maryland, two states separated by geography and politics, Republican state lawmakers are touting plans that could seriously alter the institutions that workers in those states rely upon to keep them safe on the job.

Two weeks ago, Maryland Delegate (now State Senator) Andrew Serafini introduced a bill that would make drastic changes to the way the Maryland Occupational Safety and Health agency (MOSH) does its job. So drastic, in fact, that the feds would likely have to step in and take over the state’s program. The biggest problem with the bill is a requirement that the agency send employers a letter, warning them that MOSH inspectors are on the way. Tipping off employers is bad policy for an enforcement agency trying to regulate conditions that can be easily be disguised or altered. In many cases, it’s also a criminal act.

The bill has a few other features that likely wouldn’t sit well with the federal OSHA auditors, who annually review state-plan agencies’ policies and practices to ensure that they continue to operate programs that are at least as effective as what Fed-OSHA is doing in other states (not all states run their own state-plan …

Feb. 4, 2015 by Matt Shudtz
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Tomorrow, the House is set to vote on the Small Business Regulatory Flexibility Improvements Act (SBRFIA), a piece of legislation that CPR Senior Policy Analyst James Goodwin has explained would “further entrench big businesses’ control over rulemaking institutions and procedures that are ostensibly intended to help small businesses participate more effectively in the development of new regulations.”

As Members of the House prepare for Thursday’s vote, CPR has something to add to their files: a new Issue Alert with details about how the Regulatory Flexibility Act is failing small businesses.  In The Small Business Charade: The Chemical Industry’s Stealth Campaign Against Public Health, CPR President Rena Steinzor, Senior Policy Analyst James Goodwin, and I explain how the American Chemistry Council (ACC) and other large trade associations manipulated the procedures outlined in the Regulatory Flexibility Act to protect their profits at the expense of the public …

Jan. 20, 2015 by Matt Shudtz
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Last week on The Pump Handle, Kim Krisberg highlighted an interesting pilot program in Rockaway Township, New Jersey that puts an extra set of eyes on the lookout for workplace safety concerns that might otherwise have gone unnoticed by government inspectors. As she explains here, restaurant inspectors in Rockaway are pilot testing a simple modification to their inspection responsibilities—while they check refrigerator temperatures and cleanliness for food safety concerns, they’re now also looking for good practices that ensure workers are safe. Inspectors have a checklist of basic worker safety issues and they’re keeping tabs on which restaurants are making the grade.

As we described in our Winning Safer Workplaces manual, federal OSHA and its state-plan partner agencies only have the staff and resources to inspect a small percentage of workplaces for potential health and safety violations. We suggested that many other government agencies have …

Dec. 23, 2014 by Matt Shudtz
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We are closing out the “Path to Progress” series for this year with a potential bright spot. In its Fall 2014 Regulatory Agenda, the Obama Administration set a target date of March 2015 for finalizing new rules designed to prevent and minimize the consequences of derailments in trains carrying crude oil and other highly hazardous materials. If the Department of Transportation is able to accomplish that feat, it would beat even our own proposed schedule—a welcome achievement. We are looking forward to seeing that entry on our arrivals board turn over to “arrived.”

We’re looking forward to it because crude shipments by rail continue to expand, and millions of us are living in a blast zone.

As our 13 Essential Regulatory Actions explains, domestic crude production is booming (at least for now) because of this administration’s regulatory acquiescence to—and the oil industry’s …

Dec. 17, 2014 by Matt Shudtz
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Today, Nebraska Appleseed, the Southern Poverty Law Center, and several allied organizations sent a letter to OSHA requesting a response to their petition for a rulemaking on work speed in poultry and meatpacking plants. The groups originally submitted the petition to OSHA over a year ago, and it’s been radio silence ever since. Meanwhile, tens of thousands of workers, most low-income and socially vulnerable, continue to work in conditions that lead to crippling musculoskeletal disorders.

The workers’ advocates who submitted the petition had the misfortune of dropping it in the mail just days before the 2013 government shutdown, so at the time some commentators cut the agency some slack, noting that 90 percent of the agency’s staff—including everyone in the standard-setting office—were laid off. But that excuse is no longer relevant, and evidence of the need for the rule continues to pile up …

Dec. 16, 2014 by Matt Shudtz
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When 29 miners died at Upper Big Branch or 11 workers died on the Deepwater Horizon, when 64 people died from tainted steroids, or when hundreds got Salmonella poisoning from peanut butter, did you ask yourself, 'Why not send the people responsible to jail?'

You're not the only one. In her new book, Why Not Jail: Industrial Catastrophes, Corporate Malfeasance, and Government Inaction, CPR President Rena Steinzor asks the same question and concludes:

The criminal justice system is as important to the ultimate embodiment of a society's values as it is in keeping the public peace. ... When the vicious cycle of racially discriminatory mass incarceration of poor people is juxtaposed against the vivid descriptions of the crimes committed by well-heeled corporate executives, it is hard to imagine the contrast does not have a corrosive effect on people's confidence in government institutions. Quite apart from …

Dec. 2, 2014 by Matt Shudtz
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This Giving Tuesday, I hope you'll consider donating to the Center for Progressive Reform. We've had a banner year and are looking forward to many great things in 2015.

Above all, CPR's staff and Member Scholars promote a positive and progressive vision for environmental policy and workers' rights. We need your support to continue that work.

Two days after the midterm elections, we released "Barack Obama's Path to Progress," an Issue Alert laying out an affirmative and politically realistic vision for real progress over the next two years. The Alert identifies 13 essential regulatory actions that the President can and should finish before he leaves office, steps that allow him to save thousands of lives, lock in significant environmental gains, and leave a solid legacy on the regulatory front. Importantly, finalizing these rules is entirely within the province of the Executive Branch, so …

Nov. 19, 2014 by Matt Shudtz
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Next week in this space, we’ll ask you to think about the food on your Thanksgiving table and what FDA ought to do to keep it safe. Today, I want to focus on how the food gets there—in particular, the work children contribute to the farms where our food and other crops are grown. Many people hold on to the image of children gathering eggs in the yard or dumping a pail of slop in front of an appreciative sow as the true and full extent of child farm labor. But the reality of life on a farm can be much different. In fact, the awful truth is that hundreds of kids who enjoyed Thanksgiving with their families last year won’t be able to this year because they died in an agriculture-related incident in the last twelve months.

In our recent Issue Alert, we …

Nov. 17, 2014 by Matt Shudtz
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In 1997, when OSHA first placed the silica standard on its to-do list, Titanic and Good Will Hunting were hits at the box office and the Hanson Brothers’ “MMMBop” was topping the charts. Pop culture has come a long way since then. OSHA, however, has only made modest progress on the silica rule. It took until 2013—sixteen years—for OSHA to get from saying “we plan to create a new standard” to actually proposing the text. Now the agency is reviewing the mountain of public input submitted during the 11-month open comment period. Two million workers in the U.S. are exposed to the carcinogenic dust and public health experts estimate that every year more than 7,000 workers develop silicosis, and more than 200 die as a result. 

So what’s the holdup? The question defies simple answers. OSHA jumps through significant analytical hoops before …

Oct. 29, 2014 by Matt Shudtz
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Today, brave workers at a Wayne Farms poultry slaughterhouse have a reason to celebrate a milestone in their struggle for justice. With help from lawyers at the Southern Poverty Law Center, they filed a complaint with OSHA in April. They blew the whistle on conditions that included dangerous work speeds that caused serious injuries, as well as denying subsequent medical treatment, and the firing of workers who reported their concerns. The agency released some results from its inspection, proposing significant fines against Wayne Farms for the deplorable conditions the workers continue to face. OSHA is proposing $102,000 in fines, for everything from bad records to forcing workers to work on or clean machines that have not been properly shut down and de-energized. Significantly, OSHA has cited Wayne Farms for violating the General Duty Clause because the company exposed workers to dangerous ergonomic hazards. OSHA hasn't …

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