The budget launches innovative ways to prepare workers for 21st century jobs, and makes new investments in programs that protect workers’ rights, safety and health in the new economy. It reaches out to diverse audiences to ensure that all people from all communities are included in the jobs of the future.
“The FY 2011 budget will help to make the vision of good jobs for everyone a reality for America’s workers. This budget invests in innovation and reform that will play a critically important role in building long-term economic security for workers,” said Secretary Solis. “At the same time, the budget reflects our commitment to fiscal responsibility, investing in what works and carefully evaluating our programs to make sure that we obtain results that produce good jobs.”
Secretary Solis defines good jobs as those that:
- Can support a family by increasing incomes
- Offer fair compensation
- Narrow the wage gap
- Allow for work-life flexibility
- Promote safe and healthy workplaces
- Give workers a voice
- Foster fair working conditions in the global marketplace
- Are sustainable and innovative, such as green jobs, providing opportunities to acquire the skills and knowledge for the jobs of the future
- Help restore the middle class
In total, the FY 2011 budget requests $117 billion, with the majority to be used for unemployment insurance benefits for displaced workers and federal workers’ compensation. The department’s discretionary request of $14.0 billion overall includes $1.7 billion for worker protection programs, a 4% increase over the prior year’s budget.
Under this budget, the department expects to hire more than 350 new employees, including 177 investigators and other enforcement staff, many of whom will be bilingual to better communicate with employees in the changing workplace. The 2011 budget builds on the 2010 budget policy of returning worker protection programs to FY 2001 staffing levels, after years of decline. For example, the FY 2011 budget asks for $573 million for OSHA, which is $14 million more than that agency received in FY 2010. Also, the department’s Wage and Hour Division will receive $244 million, an increase of almost $20 million from the prior year, including funding to hire 90 new investigators. With these increases, the Labor Department’s worker protection agencies will be able to vigorously protect wages and working conditions of 135 million workers in more than 7.3 million workplaces.
When employees are misclassified as “independent contractors,” they are deprived of benefits and protections to which they are legally entitled. For example, independent contractors do not receive overtime and are ineligible to receive unemployment benefits. The FY 2011 budget includes an additional $25 million for a Misclassification Initiative to target misclassification with 100 additional enforcement personnel and competitive grants to boost states’ incentives and capacity to address this problem. This $25 million includes the nearly $20 million increase for the Wage and Hour Division discussed above.
For employment and training programs, the budget provides $11.8 billion, including new investments in innovation. A Workforce Innovation Fund will be created by reserving $108 million from the Workforce Investment Act’s Adult and Dislocated Worker streams. With these funds, the department will pursue “learn and earn” strategies such as apprenticeships and on-the-job training, promote collaborations among regions and industries, and support other innovations.
The budget also creates a $154 million Youth Innovation Fund, which will pilot innovative models for delivering summer and year-round work experiences and comprehensive services to disconnected youth. Another $120 million is requested for the YouthBuild program to expand capacity to 230 locations, enrolling nearly 7,500 youth in green construction projects that produce industry-recognized credentials.
Because too many families must make the painful choice between the care of their families and a paycheck they desperately need, the budget establishes a $50 million State Paid Leave Fund within the Labor Department that will provide competitive grants to help states that choose to launch paid-leave programs cover their start-up costs.
The FY 2011 budget also recognizes the department’s responsibility to promote worker rights globally. The request includes an additional $22 million to help strengthen worker rights and protections in America’s trading partner countries.
The budget requests $39 million for the Office of Disability Employment Policy to increase the workforce participation of people with disabilities through innovative partnerships that break down employment barriers and better serve people with disabilities in the workforce system.
For veterans, the budget provides $262 million for veterans programs, including an additional $5 million to allow the department to reach more homeless veterans, particularly women veterans, and a $1 million increase to expand access to employment workshops for spouses and families of service members transitioning to the civilian workforce.
The budget also provides $50 million for a department-wide evaluation. The additional funding will support demonstration projects coupled with rigorous evaluations to determine which programs and interventions work best, the results of which will inform the department’s policy, management, and resource allocation decisions.
Brian Karnofsky Jailed for Muscular Dystrophy
Brian has been arrested and will be put in jail for the Muscular Dystrophy Association (MDA) lock-up. We need to collect $2,000 for the MDA to help bail him out. Your tax deductible donation will help MDA continue research into the causes and cures for 43 neuromuscular diseases.
If you enjoy reading the Safety Tip of the Week™, now is the time to help us give hope to kids and families that need our help.
Brian is the President of Environmental Resource Center. Many of you helped bail him out in 2007, 2008, and 2009, but he’s on his way back to jail this year. Don’t bother asking what crimes he’s committed—just know that we need your help bailing him out.
Work Hazards and Safety Practices in the Electric Power Industry
Approximately 80 workers die from electric shock and other related hazards each year while working in jobs related to transmission and distribution of electric power.
OSHA QuickCards™ on Safety in Marine Cargo Handling Operations
OSHA recently developed three QuickCards™ addressing worker safety topics in marine cargo handling operations.
“Too many workers are getting injured on the job,” said Assistant Secretary of Labor for OSHA David Michaels. “OSHA is providing these QuickCards to ensure that employers and workers know the best way to prevent workplace injuries. These educational fact sheets are part of OSHA’s ongoing goal of promoting prevention through education.”
Industry operations covered in these Quick Cards include the transfer of cargo between ships, trucks, pipelines and other modes of transportation, and the operation and maintenance of piers, docks, and associated buildings and facilities.
Kleen Energy Power Plant Explosion in Middletown, Connecticut
The U.S. Chemical Safety Board (CSB) is deploying a seven-person team to the site of a fatal explosion at the Kleen Energy Plant in Middletown, Connecticut. The team is expected on site midday on Monday, February 8.
According to media reports, the explosion resulted in multiple fatalities and injuries and caused off-site damage. CSB lead investigator Don Holmstrom said, “The CSB’s investigative team will examine the activities that were ongoing at the time of this accident, including any gas purging, as indicated by initial media reports.”
The Board’s urgent recommendations resulted from the CSB’s ongoing federal investigation into the June 9, 2009, natural gas explosion at the ConAgra Slim Jim production facility in Garner, North Carolina, which caused four deaths, three critical life-threatening burn injuries, and other injuries that sent a total of 67 people to the hospital.
Key safety lessons described in the bulletin included purging gases to a safe location outdoors away from ignition sources, evacuating non-essential workers during purging, using combustible gas monitors to detect any hazardous gas accumulations, and effective training for personnel involved in purging.
Mr. Holmstrom leads the CSB’s Western Regional Office located in Denver, Colorado, and led the agency’s investigation into the 2009 purging accident at the ConAgra facility in Garner, North Carolina.
C&W Industries Fined for Willful and Serious Safety and Health Violations
OSHA began its inspection in August 2009 after receiving a complaint about a number of deficiencies at the plant, including unguarded machinery that exposed workers to amputation hazards, insufficient training and certification for forklift operators, and deficiencies in the plant’s fire prevention system.
After conducting a safety inspection, OSHA cited the company with one willful safety violation with a $38,500 penalty for failing to protect workers from caught-in and amputation hazards while cleaning, changing dies, and performing maintenance on press machines. The inspection revealed the employer had failed to implement lockout/tagout procedures to prevent accidental energy start-up despite being aware of its obligation to institute such a program. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
“Workers should not have to risk amputations in order to earn a paycheck,” said Kurt Petermeyer, director of OSHA’s Mobile Area Office. “Company management was aware of the requirements to establish a lockout program and did not take action.”
Eight serious safety violations with proposed penalties totaling $13,750 also have been issued for operating an improperly guarded press brake and inadequate guarding on floor fans. OSHA found employees were exposed to struck-by hazards while operating overhead hoists and cranes, fire hazards, and tripping and slipping hazards.
A separate health inspection revealed hazards associated with failing to offer the Hepatitis B vaccination and training to workers who provided first aid response for two amputations in the facility. After an amputation a week prior, blood was not cleaned off the machine before it was placed back into operation, exposing operators to possible contamination.
Additionally, the employer has been cited for 10 other-than-serious violations with $7,000 in penalties for failing to complete incident reports for seven instances where workers sustained injuries at the facility. Other violations include failing to maintain OSHA 300 logs correctly, prepare annual injury and illness summaries, and develop and implement a Hazard Communication Program for hazardous chemicals, materials, and respiratory protection.
OSHA Cites O.S. Interior Systems Following Fatality
OSHA has cited O.S. Interior Systems Inc., for alleged workplace safety violations following a fatality at a company worksite in Houston. Proposed penalties total $112,000.
“This employer failed to advise its employees on the locations of electrical lines,” said Dean McDaniel, OSHA’s regional administrator in Dallas. “If the company had followed OSHA’s standards, it is possible this tragic accident could have been avoided.”
OSHA’s Houston North Area Office began its inspection on August 14 when an employee who was removing a demountable wall made contact with a live wire and died. The company was cited for two alleged willful violations for failing to adequately protect employees from energized electrical circuits and failing to inform employees about the hazards involved with energized electrical circuits.
Toxics in Children’s Jewelry is DTSC’s Focus
When the news broke that major retailers were pulling certain children’s items off store shelves, because they were suspected of containing cadmium, California’s Department of Toxic Substances Control (DTSC) went into action. The department is responsible for enforcing California’s law to protect children from exposure to lead in jewelry. Lead is a toxic metal. Cadmium can also adversely affect people’s health if ingested.
“They could suffer from effects such as bone damage, kidney damage, the kind of bone damage could lead to softening of the bone,” said DTSC chief scientist Jeff Wong. He told KCRA 3 that DTSC is implementing California’s Green Chemistry Initiative, which seeks to reduce or eliminate toxic chemicals (like cadmium and lead) in everyday products.
OSHA Provides Earthquake and Structural Collapse Information for Workers
CSB Board Members Vote to Approve Urgent Gas Code Recommendations Following Deadly ConAgra Explosion
In a 2-1 vote, the U.S. Chemical Safety Board (CSB) has approved urgent safety recommendations on gas purging safety at a public meeting in Raleigh, following extensive testimony and public comment. The draft recommendations, which were approved as presented by the staff without amendment, urged the National Fire Protection Association (NFPA), American Gas Association (AGA), and the International Code Council (ICC) to strengthen the national fuel gas code provisions on purging. Board Chairman John Bresland and Member William Wark voted to approve; Board Member William Wright voted to disapprove.
The recommendations grow out of the CSB’s ongoing federal investigation into the June 9, 2009, natural gas explosion at the ConAgra Slim Jim production facility in Garner, North Carolina, which caused four deaths, three critical life-threatening burn injuries, and other injuries that sent a total of 67 people to the hospital.
The preliminary findings indicate that CSB investigators have determined the catastrophic explosion resulted from the accumulation of significant amounts of natural gas that had been purged indoors from a new 120-foot length of pipe during the startup of a new water heater in the plant that made Slim Jims, a popular beef-jerky product. During pipe purging, workers feed pressurized gas into a pipe in order to displace air or other gases so that only pure fuel gas remains in the piping when it is connected to an appliance such as a water heater or boiler.
CSB Chairman John Bresland said, “The board is very concerned that companies across the country continue to purge pipes indoors, and this evening we will consider recommendations to the National Fire Protection Association (NFPA), the American Gas Association (AGA) and the International Code Council (ICC). Currently, the codes of the NFPA and ICC do not require gases to be vented outdoors or define adequate ventilation or hazardous conditions, nor do they require the use of combustible-gas detectors during these operations. The CSB recommendations, if adopted, would urge that these things be done.” The NFPA and the ICC are prominent organizations whose codes are used and followed by government bodies, private organizations, and individuals nationwide.
CSB investigations supervisor Donald Holmstrom said his team made the recommendations to the board during the course of the ConAgra investigation after discovering gaps in the fuel gas codes. “Purging flammable gases into building interiors is a recipe for disaster. At ConAgra, we determined the accident would not have happened had the gas been vented safely outdoors through a hose or pipe.” Mr. Holmstrom noted that since the June 2009 accident, ConAgra has instituted strict policies on purging, requiring it be done to safe outdoor locations.
As proposed, the CSB recommendations would urge that NFPA and AGA enact tentative interim and then permanent changes to the National Fuel Gas Code. These would require that purged gases shall be vented “to a safe location outdoors, away from personnel and ignition sources.” In cases where outdoor venting is not possible, companies would be required to seek a variance from local officials before purging gas indoors, including approval of a risk evaluation and hazard control plan. The recommendation would also require the use of combustible gas detectors to continuously monitor gas concentrations; the training of personnel about the problems of odor fade and odor fatigue; and warnings against the use of odor alone for detecting releases of fuel gases.
The CSB issued a safety bulletin in October 2009 entitled, “Dangers of Purging Gas Piping into Buildings.” The bulletin’s key lesson is: “Purging new or existing gas piping into a building can be highly hazardous due to the possible accumulation of gas … and the associated danger of fire and explosion.” It notes that large numbers of workers are at risk, including plumbers, gas installers, maintenance workers, contract supervisors, and industrial facility managers.
Mr. Holmstrom said, “The CSB has examined several other similar accidents in which gas was purged indoors and not detected. We have determined that workers cannot rely on their sense of smell to warn them of danger, in part because people become desensitized to the odorant added to natural gas and propane. Gas detectors must be used.”
Other incidents examined by the CSB include: a 1999 explosion at a Ford power plant in Dearborn, Michigan, killing six, injuring 38, and causing a $1 billion property loss; a 2008 explosion at a Hilton Hotel under construction in San Diego, California that injured fourteen people; a 2005 school explosion in Porterville, California, burning two plumbers; and an explosion at a hotel in Cheyenne, Wyoming, in 2007 severely burning two plumbers.
The CSB is an independent federal agency charged with investigating industrial chemical accidents. The agency’s board members are appointed by the president and confirmed by the Senate. CSB investigations look into all aspects of chemical accidents, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management systems.
The Board does not issue citations or fines but does make safety recommendations to plants, industry organizations, labor groups, and regulatory agencies such as OSHA and EPA.
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