regulation
cmonforton | December 19, 2011Last week's violent rock burst at the Hecla Mining's Lucky Friday mine was just one of several catastrophic events this year at the deep underground silver mine in Mullan, Idaho. Another rockburst occurred a month earlier, and just one day before another incident in which 26 year old Brandon Gray was engulfed in muck as he and a co-worker tried to dislodge it in excavation bin. Mr. Gray, a contractor employed by Cementation, Inc., died two days later.
Brandon Gray's death was the second this year at the Lucky Friday mine. In April, Larry "Pete" Marek, 53, and his brother Michael Marek…
cmonforton | December 16, 2011[Updated 1/4/12 below]
The Charleston Gazette's Ken Ward Jr. pointed me yesterday to the latest attack on working people. House and Senate negotiators have apparently come to an agreement on an FY 2012 spending bill (165-page PDF) which includes funding for the Labor Department's Mine Safety and Health Administration (MSHA). Tacked onto the bill are a litany of favors to special interests, including this one for Big Coal:
MSHA is prohibited from spending any funds to complete its health standard to protect miners from developing black lung disease until the Government Accountability Office…
cmonforton | December 8, 2011The next time you hear someone claim that worker safety regulations and OSHA hurt job growth and hinder small businesses, remind them about Haasbach, LLC. On July 28, 2010, two workers (Wyatt Whitebread, 14, and Alex Pacas, 19) were killed at a grain handling facility owned by Haasbach, when the young workers were engulfed in corn. The boys, along with several others, were hired to do dangerous work----breaking up corn in a million bushel grain bin----and had not been given the training or equipment to do it safely. Haasbach's owners failed to ensure that basic safety procedures were…
cmonforton | December 1, 2011The US Department of Labor's Mine Safety and Health Administration (MSHA) is preparing to issue next week its investigation report on the April 5, 2010 coal mine disaster at the Upper Big Branch mine that killed 29 workers. Ken Ward, Jr. at Coal Tattoo reports that MSHA will hold a media briefing at 3:00 pm (EST) on December 6 at its training academy near Beckley WV. The Charleston (WV) Gazette reporter reminds us that December 6 is an ominous date. It marks the 104th anniversary of the Monongah disaster, the worst mining disaster in U.S. history.
MSHA's investigation report will be the…
cmonforton | November 28, 2011A new report by the Center for Progressive Reform (CPR) confirms what some of us have suspected: there's not much difference between the Obama Admininstration's and GW Bush Administration's Office of Information and Regulatory Affairs (OIRA) when it comes to meetings with industry lobbyists and giving lip-service to transparency.
In "Behind Closed Doors at the White House," CPR offers a 10-year analysis of the 6,194 draft regulatory actions reviewed by OIRA, a step in the rulemaking process dictated by Executive Order (EO) 12866 for rules of particular significance. Their assessment examined…
cmonforton | November 25, 2011Before too long the US Department of Labor (DOL) and other federal agencies should be issuing their annual regulatory plans and semi-annual agendas. These documents serve as official public notice of agencies' regulatory (and deregulatory) priorities. The Regulatory Flexibility Act and Executive Order (EO) 12866 direct agency heads to release these documents in April (agenda) and October (plan and agenda), but the Obama Administration doesn't have a good track record meeting those deadlines.
I'm not going to predict when the next agenda and plan will be issued or, as I did in the Spring, on…
cmonforton | November 18, 2011For U.S. workers, the risk of dying on the job is highest if you are employed in agricultural, fishing or hunting. These jobs are not just a little riskier than the average job, they are nearly 8 times more life-threatening. The fatality rate for all private sector workers is 3.5 per 100,000 workers; in agriculture, fishing and hunting, the rate is 26.8 deaths per 100,000 workers. Combine these statistics with age-specific fatality rates and it was time for the US Department of Labor (DOL) to review the adequacy of its safety regulations for children working in farming jobs. The rules…
cmonforton | November 11, 2011[Updated 11/14/11 below]
Barrick Goldstrike is the largest gold producer in the world, with a stock market value of $51.0 Billion. With that kind of wealth, one has to ask why workers at the company's Meikle mine near Elko, Nevada were compelled to use a broom handle to keep a reset button depressed, so tons of aggregate rock would continue to flow down a shaft. That jerry-rigging along with the mine management's failure to correct other defects, such as missing clamp bolts and load-bearing plates on the aggregate carrying pipe system, led to the death of Daniel Noel, 47, and Joel Schorr,…
New data shows nursing home workers suffer more injuries than construction, factory and mine workers
cmonforton | October 24, 2011We've seen reality shows featuring dirty jobs, cops and coal miners. I wonder if it's time for one showing a day-in-the-life of nursing home workers. Most of us don't give much thought to what goes on inside of nursing homes, that is until a friend or family member needs to reside in one. What might appear as a quiet, slow-paced, restful setting is usually a stress-filled, physically-demanding environment for the people who work in them. Lifting and moving patients from beds, toilets, recliners, showers, and wheelchairs can cause all sorts of injuries, but then throw on top of that, the…
cmonforton | October 20, 2011Tucked away on federal OSHA's website is a list of 163 employers with the dishonorable label "severe violator." The designation comes from an enforcement program launched in April 2010 to identify
"recalcitrant employers who endanger workers by demonstrating indifference to their responsibilities under the law."
The label is not easy to get. In any given year, less than 1% of U.S. worksites are subject to an OSHA inspection, and few violations (only about 4%) are classified as "willful," "repeat," or "failure-to-abate" ----one of the necessary criteria for the severe violator designation…
cmonforton | October 19, 2011It's too late for Ronald Martin of Dema, Kentucky. "I'm in last stage of black lung," he wrote in shaky script, "please help the miners so they won't suffer like I suffer. I can't breathe but a little." Mr. Martin sent his note to the Labor Department's Mine Safety and Health Administration (MSHA) to comment on the agency's proposed rule to reduce workers' exposure to respirable coal mine dust---the dust that damaged his lungs so severely. Other coal miners also sent their comments to MSHA, urging the agency to put a more protective regulation in place as soon as possible to prevent…
cmonforton | October 10, 2011Freshman congressman Larry Bucshon (R-IN) scolded OSHA chief David Michaels for using the term "cancer" as a buzz word. The congressman, who is also a thoracic surgeon, said:
"I don't like it when people use buzz words that try to get people's attention, and cancer is one of those."
The exchanged occured last week at a House congressional oversight hearing called "Workplace Safety: Ensuring a Responsible Regulatory Environment," where Members were examining some of OSHA's enforcement and regulatory initiatives. Assistant Secretary of Labor for OSHA, David Michaels mentioned lung cancer in…
cmonforton | October 6, 2011It's been 8 weeks now since two 17 year-old workers lost legs in an industrial auger while employed at a grain handling facility in Kremlin, Oklahoma. One of the young men remains in the hospital, but may be released soon to a rehabilitation facility. When I first wrote about this horrible incident, I noted that the safety rules governing young agricultural workers were more than 40 years old, the Labor Department was trying to update them, but proposed revisions were stalled (for 9 months) at the White House's Office of Management and Budget (OMB).
The young worker and farm safety…
cmonforton | October 4, 2011I'm eager to listen in on tomorrow's congressional hearing about workplace safety. It's being conducted by the House Committee on Education and the Workforce, Subcommittee on Workforce Protections, with the title "Workplace Safety: Ensuring a Responsible Regulatory Environment." That's a heading that probably means different things to different people, and those of us watching would probably benefit if Members define the phrase, "responsible regulatory environment" and explained responsible to whom?
The subcommittee chairman, Tim Walberg (R-MI), has noted previously the "creative tension"…
cmonforton | September 30, 2011Congressman Denny Rehberg (R-MT) and his Republican members of the House Appropriations subcommittee with jurisdiction over the Labor Department don't think coal miner deserve better protection from black lung disease. In their FY 2012 appopriations bill they would prohibit the Mine Safety and Health Administration (MSHA) from using any funds to develop, promulgate, enforce or otherwise implement a new rule to protect miners from exposure respirable coal dust. (See page 36 in the bill.) This is a rule that has been in the works since at least 1996 when a federal advisory committee made…
cmonforton | September 26, 2011Funny how a bill touted by Members of Congress as one that will "cut red tape" will actually add a dozen new steps before a rule to protect people's health or safety is put in place. Last week, several Republican and Democratic Senators and Representatives did just that when they introduced the "Regulatory Accountability Act" (S.1606, H.R. 3010). As Daniel Rosenberg at NRDC's blog explains these lawmakers pitch their bill as moderate and reasonable, but that's far from the truth.
"The legislation proposes a sweeping rewrite of the Administrative Procedure Act, which has been the cornerstone…
cmonforton | September 8, 2011After two teenagers' legs were severed while they were working near a grain auger, I wrote last month about the White House's role in holding up a proposed Labor Department rule to address hazards for young workers. After a 9-month delay by the White House, the Labor Department released the proposed rule last week and is asking the public to submit comments on it by November 1. After reviewing the proposal, it's hard to imagine why such common sense improvements to protect young workers drew such time-consuming scrutiny from the President's regulatory czar.
The proposed rules will amend the…
cmonforton | September 6, 2011Last Friday when the White House told Environmental Protection Agency administrator Lisa Jackson to drop her plans to revise the national ambient standard for ozone, it seemed like just another example of President Obama caving to business interests. Others were quick to remind me though that bowing to business is not the half of it: the White House order is illegal. As University of Texas law professor Tom McGarity explains,
"Under the Clean Air Act, EPA is required to establish ambient air quality standards at a level that protects human health with an adequate margin of safety. It's…
cmonforton | August 31, 2011In a week that House Majority Leader Eric Cantor (R-VA) rallied his Members with a plan to repeal "job-destroying regulations," the Center for Progressive Reform (CPR) provides strong evidence to debunk the House Republican's rhetoric. In "Saving Lives, Preserving the Environment, Growing the Economy: The Truth about Regulation," CPR scholars provide concrete examples of profound benefits to society of safety and environmental regulations. It's a stark contrast to Mr. Cantor's one-sided view of regulations: they cost money, while completely ignoring their value to the health, safety and…
cmonforton | August 24, 2011The process of putting a new federal regulation in place to protect individuals from serious hazards at work often takes five or more years. Part 1 of "Worker safety rulemaking" described the steps leading up to OSHA proposing a new rule, to the point where the agency's chief decides whether to send the draft proposed rule to the White House for approval.
Submitting draft proposed rule to White House for review. Under a 1993 Presidential Executive Order (EO 12866), all significant regulatory actions planned by a federal agency must be submitted to the White House's Office of Information…