Mining
cmonforton | October 11, 2017The U.S. Supreme Court is not interested in hearing former Massey Energy CEO Don Blankenship's claim that he didn't get a fair trial. On October 10, the court denied Blankenship's petition to review his criminal conviction. (here (see page 3))
In December 2015 a jury found Blankenship guilty of conspiring to violate mine safety standards. Massey Energy's Upper Big Branch mine was the site of the worst coal mine disaster in 40 years when 29 miners were killed by a massive coal dust explosion. Blankenship micromanaged his coal mines so much so that he demanded production reports every hour.…
cmonforton | October 4, 2017President Trump’s nominee to head the Labor Department’s Mine Safety and Health Administration (MSHA) appeared today before a Senate committee for a confirmation hearing. David Zatezalo answered questions about the epidemic of black lung cases, an increase in mine worker fatalities, the need for safety assistance for small mine operators, and more. Zatezalo began his career in 1974 as a UMWA coal miner and most recently served as chairman of Rhino Resources.
I watched the webcast of Zatezalo's confirmation hearing. The nominee noted his experience managing 39 different coal mines in the U.S.…
cmonforton | September 29, 2017West Virginia’s senior U.S. senator will not be supporting President Trump’s nominee to head the Mine Safety and Health Administration (MSHA). Senator Joe Manchin (D-WV) issued a statement on Wednesday which said:
“While I appreciate Mr. Zatezalo’s willingness to serve, I cannot support his confirmation to lead MSHA. After reviewing his qualifications and record of safety during his time in the coal industry, I am not convinced that Mr. Zatezalo is suited to oversee the federal agency that implements and enforces mine safety laws and standards.”
Ken Ward at the Charleston (WV) Gazette was…
kkrisberg | September 27, 2017At the Toronto Star, reporter Sara Mojtehedzadeh went undercover as a temp worker at Fiera Foods, an industrial bakery, to investigate why temp workers are more likely to get hurt on the job. Earlier this year, Canadian occupational health and safety officials brought charges against the company, whose clients include Dunkin’ Donuts, Costco and Walmart, for the death of 23-year-old Amina Diaby, who was strangled to death after her hijab got caught in a machine.
Mojtehedzadeh, along with Brendan Kennedy, write:
I get about five minutes of training in a factory packed with industrial equipment…
cmonforton | September 15, 2017The Trump Administration is proposing to scrap a requirement for mine operators to conduct safety checks before miners begin their work. Identifying hazards and fixing them is key to preventing work-related injuries and deaths.
The requirement on Trump's chopping block applies to more than 11,000 mining operations that extract metals and aggregates, such as underground gold and salt mines and rock quarries. Similar requirements for coal mines are not part of the administration’s announcement, but it wouldn’t surprise me to see this proposal lead to similar changes at coal mines.
The rule “…
kkrisberg | September 12, 2017At the Huffington Post, Dave Jamieson reports that labor unions are stepping up to help protect increasingly vulnerable immigrant workers from deportation. In fact, Jamieson writes that in many instances, labor unions have become “de facto immigrants rights groups,” educating workers on their rights and teaching immigrants how to best handle encounters with immigration officials.
Jamieson’s story begins:
Yahaira Burgos was fearing the worst when her husband, Juan Vivares, reported to the Immigration and Customs Enforcement office in lower Manhattan in March. Vivares, who fled Colombia and…
kkrisberg | September 4, 2017For the sixth year in a row, we present “The Year in U.S. Occupational Health & Safety,” our attempt to document the year’s highs and lows as well as the challenges ahead.
Like previous editions, the 2017 yearbook highlights policies, appointments and activities at the federal, state and local levels; outstanding news reporting on workers’ rights, safety and health; and the latest research from public health agencies and worker groups on the ground. Of course, you can’t ignore the giant elephant (no pun intended) in the room in 2017 — a new president and a Republican-controlled Congress…
kkrisberg | August 9, 2017At The New York Times, Elizabeth Olson writes about the challenges that older workers face in proving workplace bias. She begins the story with Donetta Raymond, a longtime manufacturing worker laid off, along with hundreds of others, by Spirit AeroSystems Holdings. Now, some of those workers are bringing a lawsuit after discovering that nearly half of the laid-off workers were 40 or older, the age when federal age discrimination protections kick in. Olson writes:
Such lawsuits are popping up as the nation’s work force ages and as many longtime workers claim that they are being deliberately…
kkrisberg | July 11, 2017At the Intercept, Avi Asher-Schapiro reports on a new insurance plan that Uber is offering its drivers that could help them recoup wages and cover medical expenses if they’re injured on the job. Asher-Schapiro notes that while some have described the Uber insurance plan — which workers buy by setting aside 3.75 cents per mile — as a form of workers’ compensation, it hardly fits the bill. In fact, in documents obtained by the Intercept, Uber explicitly states that the insurance plan isn’t workers’ comp. He writes:
Compared to traditional workers’ compensation insurance, Uber’s policy…
garrettbrown | July 11, 2017At the end of two complete years when dozens of fully-funded field compliance positions went empty, reported workplace fatalities and injuries in California are on the rise. California’s Division of Occupational Safety and Health (Cal/OSHA) has had a monthly average of 34 vacant field enforcement positions since July 2015, which means that more than $10 million in state-authorized funding was left unused.
Meanwhile, the U.S. Bureau of Labor Statistics’ latest available data shows that 388 workers were fatally injured on the job in California in 2015. On average, that is more than one worker a…
cmonforton | July 7, 2017I started my post yesterday with my version of the famous quote from the film Casablanca:
“I'm shocked, shocked to find an epidemic of black lung disease.”
It was my reaction to the latest story by NPR’s Howard Berkes about nearly 2,000 recently diagnosed cases of the most severe form of black lung disease. They’ve been diagnosed over the last six years among coal miners in central Appalachia.
I gave five reasons to explain why I'm not shocked by the epidemic.
#1: Mine operators were allowed to expose miners to concentrations of respirable coal dust and silica that were known to be too high…
cmonforton | July 6, 2017I felt a little like Claude Rains (as Capt. Louis Renault) in the film Casablanca. He's the actor with the famous line "I'm shocked, shocked to find that gambling is going on here." On Sunday my neighbor asked me: “What do you think about all those coal miners with black lung?”
“Shocked, shocked,” I was tempted to say, but I’m not the least bit shocked.
My neighbor was referring to the latest story by NPR’s Howard Berkes about nearly 2,000 cases of progressive massive pulmonary fibrosis (PMF) diagnosed in the last six years among Appalachian coal miners. Two thousand cases is a hefty number…
cmonforton | June 23, 2017The first six months of the Trump administration has been particularly deadly for coal miners. Nine workers at U.S. coal mines have been fatally injured in the first six months of 2017. Five of the nine deaths occurred in West Virginia. In all of 2016, eight workers were killed on the job at U.S. coal mines.
Some might want to attribute the increased number of coal mine deaths to President Trump's anti-regulatory agenda and more business friendly policies particularly for the coal industry. I don't know that to be the case. As far as I know, there are not any Trump officials micromanaging the…
kkrisberg | March 21, 2017At the Sacramento Bee, Ryan Lillis and Jose Luis Villegas report on the effects that Trump’s immigration crackdown is having on California farms, writing that fear of deportation is spreading throughout the state’s farming communities. While many farmworkers believe immigration raids are inevitable, farm operators, many who voted for Trump, hope the president will bring more water to the region and keep immigration officials off their fields. Lillis and Villegas write:
Fear is everywhere. The night before, the local school board became one of the first in California to declare its campuses a…
kkrisberg | February 7, 2017At the American Prospect, Justin Miller interviews Obama-era Labor Department officials on the future of worker protections under President Trump. Miller takes a behind-the-scenes peek at what it took to pass some of the Obama administration’s key labor rules, discusses the nomination of Andy Puzder to become the nation’s next labor secretary, and addresses rumors that the new administration might be gunning to abolish some Labor Department divisions entirely. Miller writes:
Not surprisingly, Obama’s top labor alums express pride in the many worker protections they were able to put in place…
kkrisberg | February 7, 2017Not violating federal labor law seems like a commonsense precursor for being awarded lucrative federal contracts. House Republicans, however, disagree.
Last week, majority members in the House of Representatives successfully passed a resolution to get rid of federal disclosure requirements included in President Barack Obama’s Fair Pay and Safe Workplaces Executive Order, which he originally signed in 2014. Those disclosure requirements directed businesses bidding for federal contracts of $500,000 or more to report any violations of 14 labor laws within the prior three years. Among those 14…
cmonforton | December 21, 2016I’m still haunted by the voice on my car radio. It was one of those “NPR moments.”
We were parked at our destination, but there was no way we were getting out of the car. National Public Radio’s (NPR) Howard Berkes was reporting from eastern Kentucky and interviewing Mackie Branham. The 39 year old coal miner gasped for air over every word. Chills ran up my spine. Branham's lungs were hardened by coal mine dust. It was painful to listen yet the perfect punctuation for a powerful story.
Berkes’ reported findings of an NPR investigation of the incidence of the most severe form of coal workers’…
cmonforton | December 21, 2016The Mine Safety and Health Administration (MSHA) deserves credit for rapidly publicizing information about serious injury incidents and close call events. A brief recap and single photo make an easy lesson for a pre-shift safety meeting or toolbox talk. But MSHA needs to reject language in its safety alerts that blames workers for their injuries. It's an easy trap to fall into, but it's not effective for injury prevention.
This morning, an MSHA "Serious Incident Alert" landed in my inbox. The lead sentences read:
"A miner was trying to determine why clay was not flowing properly by examining…
kkrisberg | December 20, 2016At the Center for Public Integrity, Jim Morris reports on working conditions at the nation’s oil refineries, writing that more than 500 refinery incidents have been reported to the U.S. Environmental Protection Agency since 1994, calling into question the adequacy of EPA and federal labor rules designed to protect workers as well as the public. Morris begins the story with John Moore, who in 2010 was working at a Tesoro Corporation oil refinery north of Seattle — he writes:
Up the hill from Moore, in the Naphtha Hydrotreater unit, seven workers were restoring to service a bank of heat…
kkrisberg | December 6, 2016At Stat, Eric Boodman reports on whether a Trump administration might deprive miners of compensation for disabilities related to black lung disease.
In particular, Boodman examines a little-known provision in the Affordable Care Act (ACA) that shifted the burden of proof from miners and onto mining companies. In other words, if miners had spent at least 15 years underground and can prove a respiratory disability, it’s assumed to be an occupational illness. However, if the ACA is repealed in full — as candidate Trump promised on the campaign trail — that provision would go away as well, making…