Wednesday, April 22, 2009

Racism: A factor in construction injuries and deaths?

An article written a year ago about racism in the construction industry raises interesting points that are especially relevant today in New York City.  The article is copied below.  

Construction workers die from racism, neglect

Published Feb 9, 2008 9:33 AM

According to preliminary data from the Bureau of Labor Statistics, 1,226 construction workers died in the U.S. from occupational injuries in 2006. This averages out to three a day. It is one of the most dangerous professions, with 15.2 deaths per 100,000 workers. The National Institute for Occupational Safety and Health says only mining and agricultural work have higher death rates.

Construction deaths are labeled as accidents but in reality they are crimes of capitalism, caused by companies that do not provide workers with training and safety gear that can prevent these deaths.

This past Jan. 14, Yuriy Vanchytsky made front page headlines in New York City newspapers when he fell 42 floors off the Trump Soho Hotel. He had been tamping wet concrete into wooden molds when the molds collapsed. Witnesses reportedly said that a crane had crashed into the side of the upper floors before the accident.

On Jan. 22, a construction worker with Edison Heating and Cooling fell 30 feet at a site in Jersey City. The radio station 1010 WINS briefly mentioned the tragedy, noting that safety authorities plan to cite the construction company for not having safety equipment on site.

It’s not likely to do any good. The contractor and subcontractor of the Trump SoHo project—Bovis Lend Lease and DiFama Concrete Company—had received 11 previous building code violations.

The following week another construction worker in Brooklyn died.

On Jan. 30, José Palacios, a construction worker in Brooklyn, fell 12 stories when the scaffolding he was standing on collapsed in strong winds. According to the New York Times, the City Department of Buildings had issued a warning to builders and contractors early that day instructing them to secure construction materials and tools or cancel work until the winds subsided. The article also noted that safety netting was not in use at that site since the project was nearly done.

Another factor behind these deaths is racism. Many of those who die are immigrants, who face abuse and indifference from their bosses. The Associated Press reported in an Oct. 21 article that federal data from 1997 to 2006 showed there was a more than 260 percent increase in construction deaths in New York City involving Latin@s, from six in 1997 to 22 in 2006.

An examination of 2006 OSHA reports on New York construction fatalities illustrates “workers were more likely to die on construction jobs if they were foreign-born, Hispanic, spoke a language other than English, and worked for a nonunion crew,” the AP article states. “They were also more likely to die from injuries sustained from falls.”

Employers “impose modern slavery on workers,” on those they describe as illegals, said El Chasqui, co-founder of Pachamama Ecuadorian Alliance. “They make us work long hours for low wages, no benefits and sometimes no pay.”

El Chasqui said immigrants come to the United States because of U.S. imposed poverty in their countries and end up taking jobs they weren’t trained for. The employers do not provide the training, so workers perform jobs “based on common sense.”

They face constant danger on the job, working without safety gear and being exposed to chemicals and contaminants. “Every day, every hour we have this kind of situation,” said El Chasqui, who is an electrician. “People have their hands cut off, their legs broken. They can’t pay their medical bills. Sometimes they have to get up and go to work because their families depend on them.”


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Monday, April 20, 2009

Employers: Don't Skimp on Safety in Tough Economic Times!

It may be enticing to let a few safety rules slide when money is tight.  However, it is never a good idea to allow safety to be less than a first priority.  Especially in an industry as dangerous as the construction industry, it is not acceptable to use financial difficulties as an excuse to relax safety regulations.   

In December, American Society of Safety Engineers’ (ASSE) President Warren K. Brown, CSP, ARM, CSHMM, of Fairborn, Ohio, pointed out that, "Money cut from safety processes now could have an enormous cost later; this can be from injury and health care costs, fines, lost production time, employee morale, or worst of all, employee injury or even death. There are better and smarter ways to protect the bottom line."

Mr. Najdovski of the Najdovski Law Firm, agrees with Brown's advice.  He notes that there are other expenses that employers should look into cutting, but that it is never acceptable to allow employees to work in unsafe conditions.  

 


Wednesday, April 15, 2009

Employees: Do Not Be Afraid to Speak Up!

The following article from OSHA's website shows that employees should not be afraid to speak up about safety concerns that could affect their own safety and the safety of others.

WASHINGTON -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has ordered Southern Air Inc., a Norwalk, Conn.-based air cargo carrier, to withdraw a lawsuit it filed against nine former employees and pay them more than $7.9 million in wages, damages and legal fees.

Southern Air filed a defamation lawsuit against the former employees in Connecticut Superior Court in May 2008 after some of the workers raised air carrier safety concerns with Southern Air, OSHA and the Federal Aviation Administration (FAA). The workers, all former flight crew members, subsequently filed a whistleblower complaint with OSHA.

OSHA's investigation found that the company's lawsuit was filed in retaliation for the workers' protected activities under the whistleblower provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).

"This order sends a strong and clear message that these and other workers have the right to raise safety issues with their employers and regulatory agencies without fear of retaliation and intimidation," said U.S. Secretary of Labor Hilda L. Solis. "The Labor Department will vigorously investigate such allegations and, where merited, order appropriate remedies for workers."

As a result of its investigation, OSHA issued a notice of findings and order to Southern Air directing the airline to do the following:
• Withdraw its lawsuit.
• Pay the complainants $6,004,000 in lost future earnings, $1,800,000 in compensatory damages and $129,789 in legal fees and costs.
• Purge each complainant's personnel file and other records of all warnings, reprimands or derogatory references resulting from protected whistleblower activity.
• Refrain from mentioning the complainants' protected whistleblower activity or conveying any damaging information in response to third party inquiries.
• Provide all Southern Air crew members with copies of the FAA Whistleblower Protection Program poster and OSHA's notice to employees, and post these in each Southern Air facility.
The complainants and the airline have 30 days from receipt of the findings to file an appeal with the Labor Department's Office of Administrative Law Judges.

In addition to AIR21, OSHA administers the whistleblower provisions of the Occupational Safety and Health (OSH) Act and other statutes protecting employees who report violations of various securities, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation and consumer product safety laws. Detailed information on employee whistleblower rights is available online at http://www.osha.gov/dep/oia/whistleblower/index.html.

Under the OSH Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.

Tuesday, February 17, 2009

New Safety Measures for NYC construction

After last year's multiple crane accidents in New York City, it was clear that the safety codes for NYC construction needed to be reviewed.

Fortunately, for the safety of New York's construction workers, the city announced new safety measures at the beginning of February 2009.

Stormy Winds Possible Cause of Construction Accidents

Last Thursday's strong winds are the likely cause of multiple construction site accidents, including one fatality.

According to a nytimes.com blog, a carpenter was helping build a two-story structure on Staten Island when a wall at the building site collapsed on him after it was toppled by high winds. Robert L. McGee, 59, was pronounced dead after police officers and paramedics found him unconscious under a pile of concrete-filled brick.

An investigation is underway because several witnesses have commented that the proper safety codes had not been followed. Investigators from federal Occupational Safety and Health Administration were also at the site on Thursday.

Friday, February 13, 2009

New York City to Overhaul 'High-Risk Construction' Rules

Published: February 3, 2009

The city will implement 41 recommendations from the $4 million High-Risk Construction Oversight review of crane, hoist, excavation, and concrete operations, begun last year.

For more information, go to the nytimes.com site or read the full article here.

Will these rules help avoid fatal construction accidents?

Two injured when lift topples in Downtown Crossing - Local News Updates - The Boston Globe

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