Legal

“The United States is facing an industrial chemical safety crisis,” Chemical Safety Board Chairperson Rafael Moure-Eraso told the Senate Environment and Public Works Committee on March 6th. He spoke at hearing held to discuss President Obama’s August 2013 Executive Order on chemical facility safety, which Obama issued following the catastrophic incidents at the West, Texas fertilizer plant and Louisiana petrochemical facilities. In the wake of the Freedom Industries chemical release in West Virginia, improving the nation’s chemical safety has taken on a new urgency. Yet while the Senate…
“For us it’s personal,” said Jeannie Economos, Farmworker Association of Florida Pesticide Safety and Environmental Health Project Coordinator. “It’s a daily issue for us. Every day with a weaker protection standard is another day a worker is exposed to pesticides,” she said. On February 20th , the US Environmental Protection Agency (EPA) announced proposed revisions to its Worker Protection Standard for agricultural pesticides, the first since the existing standard was established in 1992 – and the second proposed update to the standard since its introduction in 1974. EPA has called the…
Last weekend, construction worker Jose Perez stood up and spoke about life as a construction worker in one of then nation’s most prosperous cities. In front of him were hundreds of supporters who had gathered in downtown Austin, Texas, to call on a local developer to treat its workers better. Looming behind him was the new Gables Park Tower, an unfinished luxury apartment complex where construction workers have reported dangerous working conditions and frequent wage violations. Austin’s Workers Defense Project, a worker-led nonprofit that helps low-income workers fight for better working…
The day I spoke with Idaho minimum wage activist Anne Nesse, it was quite cold in her hometown of Coeur d'Alene — 29 degrees, to be exact. The harsh winters came up more than once during our conversation about low wages in the northwestern state. “We’re at the bottom,” Nesse said. “We have the lowest wages in the whole nation and we’re cold up here.” Staying warm should hardly be a luxury in a state notorious for its cold winters, but keeping up with basic necessities can be a challenge for Idaho’s working families. According to the Bureau of Labor Statistics, Idaho leads the nation in the…
It’s probably my earliest public health memory — the image of Surgeon General C. Everett Koop and his grandfatherly beard on the television warning my elementary school self about the dangers of smoking. He was the first doctor I knew by name. But while Koop may be the surgeon general that people of my generation most likely associate with the public health movement to reduce smoking, he wasn’t the first to speak out against tobacco. Koop was carrying on a legacy that began decades before with the nation’s ninth surgeon general, Luther Terry, who on Jan. 11, 1964, released the first surgeon…
With so much pressure on the Affordable Care Act to immediately live up to high expectations, and with opponents who seem gleeful at the news that Americans are having a hard time signing up for affordable health care, it’s reassuring to read that the health reform law can readily take a few blows and keep moving forward. In a December analysis released by the Urban Institute, authors Linda Blumberg and John Holahan write that the “Affordable Care Act is unlikely to suffer long-term damage even if the marketplaces experience low enrollment and some adverse selection in the first year.” (…
There are few factors that shape a person’s health as strongly and predictably as income. And while enforcing wage and labor laws may at first seem outside the purview of public health agencies, Rajiv Bhatia adamantly disagrees. In fact, he says that public health may wield the most persuasive stick in town. Bhatia is the director of environmental health at the San Francisco Department of Public Health (SFDPH) and is behind an innovative policy change that uses the agency’s existing regulatory authority to prevent wage theft and support basic labor rights among restaurant workers. Begun in…
This week, Houston became only the second major city in the U.S. South to pass a law to prevent and punish wage theft. It’s a major victory for all workers, but it’s especially significant for the city’s low-wage workers, who lose an estimated $753.2 million every year because of wage theft. Passed unanimously by the Houston City Council on Wednesday, the new wage theft ordinance provides workers with a formal process to lodge wage theft complaints and puts in place real penalties for employers convicted of stealing workers’ wages. Businesses convicted of wage theft — either civilly or…
My jaw continues to drop when I think about the scathing reports this month from the Center for Public Integrity about the law firm Jackson Kelly and their scheming with clients to screw coal miners out of black lung benefits. In “Coal industry's go-to law firm withheld evidence of black lung, at expense of sick miners,” Chris Hamby explains the deceitful and devious manner in which Jackson Kelly attorneys intentionally withheld medical reports that validate diagnoses of serious respiratory disease in coal miners. The irony---the disgusting irony---is how coal operators insist that their…
It takes time to change social norms, so it'll probably take many, many years until it's as socially unacceptable to text or use a cell phone while driving as it is to start the engine without first buckling a seat belt. In the meantime, researchers say, smart policies are needed to address the increasing share of pedestrian and bicyclist deaths attributed to distracted driving. According to a new study published in Public Health Reports, the rate of distracted driving-related fatalities per 10 billion vehicle miles traveled went up from 116.1 in 2005 to 168.6 in 2010 for pedestrians and from…
According to a new report from the Center for Effective Government, American workplace health and safety is suffering from – and as a result of – a serious lack of resources. While the number of US workplaces doubled between 1981 and 2011 and the number of US workers increased from 73 million to 129 million during this time, during the same 30 years, the number of Occupational Safety and Health Administration (OSHA) inspectors has declined. Instead of one inspector for every 1,900 workplaces, there is now only one inspector for every 4,300 workplaces (or, measured in other terms, one…
Earlier this month I wrote about the merits of policies that require conflict of interest disclosures. Last week, two items also about conflicts of interest landed in my in-box. They were just too juicy to not take a bite, and write about here. First came a commentary from the October 2013 issue of the Annals of Occupational Hygiene written by the journal’s chief editor Noah Seixas, PhD, MS.  The lead paragraph reads: "On 6 June 2013, a court in New York handed down a decision that calls into question the validity of research that was sponsored by Georgia-Pacific [GP] and published in eight…
Wages in the highly profitable fast food industry are so low that more than half of families of front-line fast food workers are enrolled in and depend on public assistance programs to make ends meet. In other words, that seemingly inexpensive burger and fries not only comes with a secret sauce, but a secret cost. According to "Fast Food, Poverty Wages: The Public Cost of Low-Wage Jobs in the Fast Food Industry," which was released last week, the cost of such public assistance is nearly $7 billion every year, with Medicaid and Children's Health Insurance Program costs accounting for more than…
Strategies to reduce the deathly toll of prescription drug abuse are reaping positive outcomes, though not every state is taking full advantage, according to a new report from Trust for America's Health. Released earlier this week, "Prescription Drug Abuse: Strategies to Stop the Epidemic" found that 28 states and Washington, D.C., scored six or less out of 10 possible indicators of "promising strategies" to address prescription drug abuse, which has contributed to a startling rise in overdose deaths. Since 1999, such deaths have doubled in 29 states, four of which experienced a quadrupling…
A fourth official formerly associated with Massey Energy was sentenced to 3 ½ years in prison for conspiring to thwart federal mine safety laws.  David C. Hughart, 54, appeared this week before U.S. District Judge Irene Baker for his sentencing hearing.  Hughart plead guilty in February 2013, following charges brought by the U.S. Department of Justice (DOJ). U.S. attorney Booth Goodwin’s staff have been investigating former Massey Energy personnel (the firm was purchased by Alpha Natural Resources in 2011) as part of DOJ's criminal investigation related to the April 2010 Upper Big  Branch (…
A regular contributor to The Pump Handle, Anthony Robbins, MD, MPA, and his co-editor Phyllis Freeman wrote the following editorial which is available at the Journal of Public Health Policy. In early July 2013, James R. Clapper, Jr, United States Director of National Intelligence apologized to the Chairwoman of the Senate Select Committee on Intelligence for ‘clearly erroneous’ statements made during public testimony before the committee in March.1 In his testimony, he denied that the National Security Agency collected private data on millions of American citizens. In a television interview,…
President Obama's regulatory czar, Howard Shelanski, has been on the job for a month.  During his confirmation hearing Shelanski expressed his commitment to transparency.  He suggested it was one of his key priorities within the White House's Office of Information and Regulatory Affairs (OIRA) which is housed within the Office of Management and Budget (OMB).  As noted, however, by CPR scholar Sidney Shapiro and his colleague James Goodwin, OIRA has a long history of secrecy with respect to its role in the centralized review of agencies' regulatory activities.  Many in the open-government…
In their efforts to protect the most vulnerable workers from illegal workplace practices and conditions, worker centers have now attracted the million-dollar ire of formidable anti-union forces. And while advocates say it's a sign of worker centers' success, it's still a worrisome trend that's made it all the way to the halls of Congress. In late July, a full-page ad ran in the Wall Street Journal accusing worker centers of being fronts for labor unions. The ad was paid for by a group calling itself the Center for Union Facts, a nonprofit with a $3 million-plus budget run by industry lobbyist…
Fair working standards for construction workers and financial profit for developers aren't incompatible, according to a new report from Texas' Workers Defense Project. In fact, consumers are actually willing to pay more to live in places built on principles of safety, economic justice and dignity. Released this week in collaboration with the University of Texas' Center for Sustainable Development, "Green Jobs for Downtown Austin: Exploring the Consumer Market for Sustainable Buildings" studied consumer attitudes toward sustainable construction jobs and explored the market for certification…
With immigration at the forefront of national debate, Jim Stimpson decided it was time to do a little more digging. "There's a lot of rhetoric around immigrants' use of public services in general and health care specifically, and I thought with impending federal immigration reform it would be useful to have some sort of contribution about the facts of unauthorized immigrants' use of health services in the United States," said Stimpson, a professor within the University of Nebraska's School of Public Health and director of the university's Center for Health Policy. So together with colleagues…