OSHA’s PSM Standard applies to most meat packing, poultry, and food processing plants. One PSM requirement is that the company must conduct an audit of their compliance every three years. Stewards can request to see the recommendations from the past two audits and find out what actions have been taken. By looking at the audit results and the follow-up stewards can see if the company is taking their PSM seriously.

“When I was sent out for training, I received a lot of information about PSM that I realized could be helpful to not only me, but also my co-workers at the plant,” said Jim Oldenburg, a steward at JBS and a member of UFCW Local 1473 in Green Bay, Wisconsin.

Even though every worker at the plant cannot receive specialized PSM training, workers do have the right to stay informed about their plant’s PSM program and come to their stewards with questions or concerns. To help his co-workers at the plant, Oldenburg submitted a list of PSM questions and responses to the company. These questions were developed by the Industrial Refrigeration Consortium at the University of Wisconsin – Madison.

“People look to me to help them and I’m doing everything that I can for them every day. Having this information available is just one of them,” said Oldenburg.

Here are the ten questions Jim submitted to management. According to the PSM standard your company must respond adequately to your concerns. Their responses to these questions can give you a sense of the condition of your plant’s ammonia safety program. If you need help evaluating the company’s response you can email the UFCW Health and Safety Representative for Process Safety Management at bthielen@ufcw.org.

1. When was our last compliance audit?

2. Can you show me the closeout of recommendations from the last compliance audit?

3.  Can you provide me a copy of the most recent incident report and documentation that shows how we closed out recommendations/from the incident report?

4.  When was our last Process Hazard Analysis (PHA) conducted and can you show me documentation that closes out the recommendations from the last PHA?

5. How often do we certify our plant’s written operating procedures for the covered process?

6.   What training program do we have for our operators and what are the means used to verify they have understood the training?

7.   How often do we do refresher training?

8.       Based on our plant’s mechanical integrity program, what is the next piece of equipment scheduled for retirement and when is it scheduled to come out of service?

9.  What criteria do we use to evaluate contractors that work on our covered process?

10.  What was the last change made to our system and can you show me the documentation for that change?

“It’s critical that OSHA continues to take company-wide actions like these to protect workers,” said Jackie Nowell, Director of the United Food and Commercial Workers International Union Occupational Safety and Health Office. “Rather than addressing problems with employers like Market Basket piecemeal and leaving workers at risk – OSHA can make real changes to systematic problems that occur across an entire company.”

The enforcement action came after repeat safety violations by the company – including two serious injuries to Market Basket workers in almost-identical falls from unguarded storage areas in two different stores. Workers at Market Basket don’t have a union at their work, making it harder to stand up for safer stores.

“This new enforcement program clearly shows that when OSHA finally gets tough with bad-actor employers, workers get better protection – far faster than waiting on empty promises by corporate executives to comply with our basic safety laws,” said Nowell. “We hope the Obama Administration will continue using these new tools to give all workers – especially the many retail workers who don’t yet have a union – a safe place to work.”

“The UFCW applauds Secretary Tom Vilsack’s decision to extend the comment period on USDA’s proposed poultry inspection rule in order to further study its impact on worker safety. We have said all along that this rule should be halted until it is proven that increased line speeds are safe for workers. The UFCW will use this 30-day extension to work directly with USDA, the National Institute for Occupational Safety and Health (NIOSH), the Occupational Safety and Health Administration (OSHA), and the Obama Administration to determine a course of action to study the probable effects of increased line speeds on worker health and safety. Today is a victory for all poultry workers who can rest assured that their safety on the job is being taken seriously.”

“Increased line speeds means increased bottom lines for Big Poultry,” said Mark Laurtisen, UFCW International Vice President and Director of the Food Processing, Packing and Manufacturing Division. “For workers, it means more danger on the job.”

By increasing line speed so dramatically, workers will be at heightened risk of repetitive motion related injuries. In fact, a recent study by Wake Forest University showed that 59 percent of poultry workers had definite or possible carpal tunnel syndrome at current line speeds. Despite these alarming statistics, no comprehensive effort has been made to determine the impact this proposed system will have on the health and safety of workers.

“Quite frankly, it is no surprise that Big Poultry wants to rush this new system into operation,” Lauritsen said. “That’s why USDA—as the responsible regulator—must slow this process down until it can guarantee that workers are protected.”

The UFCW is calling on USDA to halt this rule until the National Institute for Occupational Safety and Health (NIOSH) conducts comprehensive studies on the impact it would have on the health and safety of workers in poultry plants. The Occupational Safety and Health Administration (OSHA) must then use that information to develop a standard that would adequately protect workers.

Many UFCW members have already submitted their opposition to USDA in advance of the April 26 comment deadline. The UFCW will continue its push for worker safety into the summer and beyond.

Many UFCW members in meatpacking, poultry and food processing plants may not be aware that they work around anhydrous ammonia – a highly hazardous chemical that could trigger an evacuation of their plant as well as the surrounding community.

 
Under OSHA’s Process Safety Management Standard, workers and their representatives have special rights to action and information in every facility with over 10,000 pounds of ammonia. Most plants that have to cool large storage or production areas use well over 10,000 pounds in their ammonia refrigeration systems.

 
Since an ammonia release could affect workers in any area of the plant, stewards can benefit from a basic knowledge of the hazards of ammonia and the steps the employer must take to protect workers.

 
The Process Safety Management Standard gives stewards the right to ALL information the company has about their ammonia refrigeration system. The company also has to have a system in place for workers to express their concerns and to receive responses about those concerns.

 
“Anhydrous ammonia is a deadly material,” said Jeff Dillener, a steward at Cargill and member of UFCW Local 230 in Ottumwa, Iowa. “As a UFCW steward, I have been trained to follow exact procedures in handling this material so that I can keep my fellow workers safe from harm.”

 
Every three years, the company has to conduct an audit of their compliance with the Process Safety Management regulations. Stewards can request to see the recommendations of the past two audits. If the company is carrying over the same recommendations from one audit to the next, that’s a good indication that they are not taking their own Process Safety Management program seriously.

 
The regulations for highly hazardous chemicals are different from the general health and safety regulations for regular production operations. One of the big differences is that breakdowns are not acceptable in ammonia refrigeration systems. Components of the ammonia refrigeration system must be replaced BEFORE they reach their breaking point! Every component of an ammonia refrigeration system (including the miles of piping on the roof) should have an estimated life cycle and a scheduled replacement date. This system of fixing things before they break is called Mechanical Integrity. Since ammonia refrigeration systems are closed systems, the ammonia never should get out of the system into the air. A leak or a release is an indication that the system is not being maintained the way the law requires it to be.

 
An important provision of the Process Safety Management Standard is the requirement for the company to think through changes to the system BEFORE they make those changes. They must document this process, which is called Management of Change. OSHA has made it very clear that personnel changes, such as changes in staffing levels, hours, outsourcing and training, that have an impact on the ammonia refrigeration system must go through the Management of Change process. Members can ask to be part of this process and weigh in on the possible consequences of the change being considered. This is a way for workers to fight dangerous reductions in Refrigeration Technician staffing levels or dangerous increases in mandatory overtime. Contact the UFCW Health and Safety Office at (202) 223-3111 for information about training.

One hundred years ago, on March 25, 1911, a fire spread through the cramped floors of the Triangle Shirtwaist Factory in New York City.  When the workers—mostly young female immigrants—tried to escape, they encountered locked doors and broken fire escapes.  Rather than be burned alive, the workers began jumping out of windows and fell to their deaths on the street below as bystanders watched in horror.  That terrible tragedy, which took the lives of 146 workers, served as a catalyst for major labor reforms and changed the way we work and live.

A century later, the fight to protect workers continues amid anti-union legislation that is sweeping though the country.  Just three years ago, managers at the Imperial Sugar Company in Port Wentworth, Georgia—one of the few non-union plants in the industry—tolerated dirty and dangerous worksite conditions, and 15 workers without a collective voice died in a massive fire and explosion.  Twenty years ago, 25 poultry workers at the Imperial Foods plant in Hamlet, North Carolina, were locked inside by their bosses and died in a horrible fire.  Like the Triangle workers, they had no other voice to demand safety.  Indeed, we just saw the worst mining disaster in 40 years, as the executives at the Massey coal mine in Montcoal, West Virginia, told their subordinates to put production first before any other job duties. Surviving workers testified to the rampant fear that effectively suppressed complaints in a company that had viciously opposed unions for decades.

The right to a safe workplace was won after decades of struggle by workers and their unions. On Workers’ Memorial Day, we honor and pay tribute to the men and women who died at Imperial Sugar, Imperial Foods, Massey Energy and all the other dangerous workplaces.  In their memory, we renew our commitment to preventing such tragedies by supporting workers who are struggling to protect their basic rights–including safe jobs, workplace fairness, collective bargaining, freedom from discrimination and favoritism.

A year ago today – June 9, 2009 – it was a warm afternoon in Garner, North Carolina when a powerful explosion leveled the ConAgra Foods plant. A tragic error in judgment while installing a new water heater led an outside contractor to repeatedly release natural gas from a pipe into an enclosed room near the center of the building and an unknown spark set it ablaze.

The resulting explosion and toxic ammonia release killed four people and injured 70 others. It was a preventable tragedy that destroyed lives, livelihoods and a community of friends and neighbors. The United Food and Commercial Workers represented the more than 300 ConAgra workers affected by the blast and saw first-hand the devastation caused by this explosion.

Conflagrations like this one killed and injured workers from Missouri to Michigan, and yet no regulations existed to prevent contractors from purging gas lines into closed spaces. Working with authorities and experts from across the country we set about to change this. Our fight became marked by even greater urgency after five workers were killed in yet another gas purging explosion in Connecticut that February.

Along with the U.S. Chemical Safety Board, who investigated this explosion, we urged the National Fire Protection Association (NFPA) – who provides safety codes for building contractors across the country – to adopt regulations that would prevent contractors from purging explosive gasses into enclosed spaces. But after heavy lobbying from the natural gas and propane industries, the NFPA wilted like old lettuce and failed to stand for the safety of America’s workers.

So here we are, one year later. The plant in Garner rather is scheduled to close, bringing a second round of devastation to the community. We know we can’t bring back these workers, these friends, these family members back to their community and their loved ones. The broken system at the NFPA has failed to learn from these tragedies and has bowed to industry pressure to let these deadly indoor gas purges continue unregulated.

This is frankly unacceptable. As Debra Petteway, a Food and Commercial Workers member who worked in the ConAgra plant and lost her son to the explosion said, “Louis Watson was my son, he was my only son, and now he’s gone. They didn’t have to die, and if someone doesn’t fix this, it’s going to happen again.”

Ms. Petteway is right. The NFPA, who is supposed to protect workers like her son, has shirked their duty.

So one year later, the “experts” charged with protecting America’s workers have failed to learn from this tragedy or from the legions before or after. How much longer will we wait with no regulatory or legislative action for the safety of American workers? The Occupational Safety and Health Administration (OSHA) and our legislators must not wait for these quasi-governmental regulatory bodies to demonstrate their craven kowtowing to industry demands any longer. We need comprehensive legislative or OSHA regulation so that the lessons of those who gave their lives in these explosions are not forgotten and all those that come later are protected from a similar fate.

In mid-March, a Kroger employee working in the back room of a store in Franklin, Ind. was crushed by falling pallets of water. Five days after the accident, the employee died. The Indiana Occupational Safety and Health Administration (OSHA) investigated the accident and fined Kroger $17,000 for unsafe working conditions. This tragic incident and others like it are preventable – especially if UFCW members and locals take action for safety today.

When you are at work or a worksite, here are some things to look for:

• Don’t transport double stacked pallets beyond the distance necessary to remove them from a truck. Double-stacked pallets are inherently unstable, and when they have liquids (like bottled water) as cargo, they often exceed the safe weight limits for forklifts.
• Avoid double stacking pallets when storing them.
• Carefully monitor the stability of pallets at all times.
• Don’t attempt to straighten pallets that have begun to shift. Unload the pallet instead.
• Maintain a clear safety area around pallets when they are being moved.
• All forklift operators or other powered-equipment operators must be trained and certified. This is an OSHA requirement – check for proper recordkeeping.

Palletized bottled water is especially dangerous because of the high volume moved, the heavy weight involved, and increasingly thin plastic causing cases to be unstable. In addition, the limited amount of floor space in the back of grocery stores often leads to water or other heavy unstable products, being stacked higher than safety permits.

Kroger and UFCW Indiana locals have learned from the tragic accident in Franklin and are actively working to prevent future injuries or deaths. We urge you to do the same before something similar happens in your stores.

Safety is one of the most important issues at any plant. Preventing injuries at the workplace is about identifying hazards and getting them fixed, and stewards play a particularly important role in making sure this happens.
Many workers are already familiar with the Occupational Safety and Health Administration (OSHA), a division within the U.S. Department of Labor that sets and enforces safety standards in the workplace.
These standards are the law and employers are required to comply with them. Among these requirements is the OSHA Form 300. Most employers with 10 or more full-time employees are required to file this form, which is a yearly log of work-related injuries.
Miguel Luna, a steward from UFCW Local 2, works in a plant in Guymon, Okla. He has been an active member of his plant’s safety committee for more than four years.
“I joined the safety committee to help to keep my coworkers safe. Together with other members, we have helped to improve safety at the plant. The OSHA 300 logs are fundamental for our mission. They help a lot,” Luna said.
OSHA mandates that employers record all new cases of work-related fatalities, injuries and illnesses if they involve death, time away from work, restricted work, transfer from another job, medical treatment beyond first aid, loss of consciousness, or a significant injury or illness diagnosed by a physician or other licensed health care professional.
“An OSHA 300 log is where companies record the injuries that occur at the workplace,” said Luna. “By law, they have to report all the injuries to OSHA.”
The OSHA law gives workers and their unions the right to have access to injury logs.

Stewards, workers, and supervisors can use the OSHA 300 logs to help to improve safety in a food processing or meatpacking plant.
“At our plant, our safety committee meets once a month. We talk about how to improve safety at our plant,” said Luna. “The OSHA logs are very useful for those
of us on the committee, because we can see if we need to improve safety in one area or if we can do something different.”
Luna added that there have been several instances when the OSHA logs have helped the committee to improve safety at the plant.

“For example, if we see in the logs  that many injuries are occurring on the line due to an ergonomic issue, then we look into what is causing that issue, we investigate, and once we have reached a conclusion, we meet with the plant’s safety director,” he said.
Unfortunately, in some instances, workplace injuries are being under-counted. This year OSHA has enacted an enforcement program to review the logs and make certain that employers record all injuries.
Luna said that stewards play an important role in making sure employers keep the log current.
“As stewards, we have to review the logs to make sure injuries are being recorded in an accurate and proper way,” he said. “I recommend that stewards stay on top of things and check the logs on a regular basis.”
He said that if a steward suspects that an injury has been inaccurately reported in the OSHA logs, the best way to solve any discrepancy is to talk to the injured worker, get the facts, and talk to the plant’s safety manager or supervisors to try to clarify the issues.
For Luna, the most important thing to do if an injury occurs is to make sure that the affected worker fully recovers.
“Stewards should check back with the injured worker and follow up throughout his or her recovery. We have to support each other and that means making sure injured workers get the proper treatment,” he added.

Michaels was nominated by President Obama earlier this year. He is an epidemiologist and professor at the Department of Environmental and Occupational Health at the George Washington University School of Public Health and Health Services. He has conducted many studies on the occupational exposure to toxic chemicals, and has served as assistant secretary of energy for Environment, Safety and Health.

This is the first time, since the previous administrator’s resignation in 2008 that OSHA once again has a permanent administrator.

“The report also revealed a convoluted and ineffective system of injury reporting that allows companies to pressure workers, supervisors and medical professionals to underreport workplace injuries. Corporations cannot be allowed to continue practices that promote the illusion of safety by blaming workers instead of unsafe working conditions.

“Thousands of workers in America deal with workplace injuries everyday. This epidemic of suffering is damaging to the workers, their colleagues, their workplaces, and their families and the communities in which they live. American companies, especially those in the food processing industries, must stop contributing to this problem by pressuring and intimidating workers to keep silent about these problems.

“We must stop this epidemic – and it can’t be done without clear and accurate reporting of the injuries as they occur. Unfortunately, this GAO report makes clear current OSHA policies are centered on crunching numbers rather than getting the facts from workers. In fact, OSHA inspectors are not required to interview a single worker when auditing injury reports.

“Effective and comprehensive injury prevention must place workers and the worker voice at the center of the effort. Only when workers are meaningfully involved can we grasp the true scale of workplace injuries and implement meaningful regulations that make America’s workplaces safer.

“This report is a step in the right direction, and we’re glad that government is recognizing what the Charlotte Observer among others have already reported. However, now we must fix this problem. America’s corporations must be responsible and stop their deceptive reporting practices and better oversight and inspections by both federal and state OSHAs must ensure it.”

The CDC has developed Guidance for Businesses and Employers to Plan and Respond to the 2009-2010 Influenza Season. The new guidance currently applies to any flu virus circulating during the 2009-2010 flu season, not only 2009 H1N1 flu virus.

The CDC states: It will be very hard to tell if someone who is sick has 2009 H1N1 flu or seasonal flu.

The guidance recommends that employees with flu-like illness stay home at least 24 hours after they no longer have a fever (100 degrees F) or signs of a fever (have chills, feel very warm, have a flushed appearance, or are sweating).

Workers in retail food stores have a higher than normal exposure to the public, which may put them at higher risk of contracting the flu during the 2009-2010 flu season. In line with CDCs guidance, the UFCW agrees that employers should be taking steps now to:

• “”Protect employees health and safety
• Limit the negative impact to the community, economy and society, and
• Minimize disruption to business activities.”"The UFCW OSH Office is making the following recommendations for employers in the retail food industry to take, at a minimum, the following steps:

  1.Refer to CDC Guidelines and CDCs Guidance for Businesses and Employers to Plan and Respond to the 2009-2010 Influenza Season. These are available on the CDC Web site: www.cdc.gov/h1n1flu/business/guidance and www.cdc.gov/h1n1flu/.

  2.Make the flu vaccine available at no cost to employees – and encourage employees to get vaccinated for seasonal flu. With pharmacies located in supermarkets, this can be done with minimal disruption during work hours.

  3.Create policies for flexible sick leave, which provides paid time for sick employees to stay home. CDC guidance advises employers to allow employees who get sick at work with the flu to go home as soon as possible, and to advise all employees to stay home if they are sick, until at least 24 hours after they no longer have a fever or signs of a fever.

  4.Provide resources to employees so they can be protected from infection: Provide tissues, no-touch trash cans, alcohol-based hand cleaner at the work station, time to use the restroom to wash hands frequently.

  5.Provide cleaning agents to cashiers to clean surfaces which are more likely to have frequent hand contact with the public.

“”This notice is an important first step on the way to a permanent rule to ensure the safety of millions of American workers,”" said Jackie Nowell, Director of the UFCW’s Occupational Safety and Health Office. “”More than 900 workers have been killed or injured since 1980 because of combustible dust accidents. These are avoidable tragedies that must be stopped.”

The UFCW also urges OSHA to work quickly to issue a tough rule that will protect workers.

“”We can’t wait any longer,”" said Nowell, “”the time for a tough, comprehensive rule on combustible dust is now. We hope that employers, unions, and OSHA can work together to make this badly needed protection a reality.”"

On February 19, 2008, immediately following the Imperial Sugar explosion in Port Wentworth, Ga. that killed 14 workers, the UFCW and  International Brotherhood of Teamsters petitioned the Occupational Safety and Health Administration to immediately issue an Emergency Temporary Standard (ETS) for combustible dust in general industry noting that “”workers who are employed in facilities where uncontrolled combustible dust emissions are present face ‘grave danger’ of experiencing fatalities or serious injuries as a result of dust explosions and resultant fires.”"

This Advance Notice is the first step toward rulemaking since that time.

The unions reacted to the CSB’s new report on the deadly sugar dust explosion on Feb. 7, 2008, at the Imperial Sugar refinery in Port Wentworth, Georgia. The explosion killed fourteen people, injured scores of others and severely damaged the plant.

“The Imperial Sugar tragedy is compelling evidence of the need for stricter OSHA regulation on combustible dust,” said Steve Sallman, Health and Safety Specialist from the United Steelworkers (USW). “Without a regulation, upper management will typically not commit the resources needed to achieve compliance, or, more importantly, to protect their employees.”

“As recently as 2006, the CSB recommended to the Congress that OSHA adopt a comprehensive new standard on combustible dust, but today they let that ball drop,” said Eric Frumin, Health and Safety Coordinator, Change to Win.

“”The CSB’s leadership is a remnant of the Bush administration’s dangerous legacy for America’s workers,”" said Jackie Nowell, Occupational Safety and Health Director for the United Food and Commercial Workers International Union (UFCW). “If the Board continues to ignore its obligation to oversee the scope of our safety regulations, it will require new leadership to assure that its mission is accomplished.”

In a November 2006 report, the CSB pointed out serious deficiencies in OSHA’s various standards on combustible dust hazards. That report identified hundreds of combustible dust incidents over the last 25 years, causing nearly 120 deaths and hundreds more injuries.

On Feb. 19, 2008, immediately following the Imperial Sugar explosion, the UFCW and  International Brotherhood of Teamsters petitioned the Occupational Safety and Health Administration to immediately issue an Emergency Temporary Standard (ETS) for combustible dust in general industry noting that “workers who are employed in facilities where uncontrolled combustible dust emissions are present face ‘grave danger’ of experiencing fatalities or serious injuries as a result of dust explosions and resultant fires.”  To this date, no standard has been set to protect America’s workers.

The UFCW is working closely with the U.S. Chemical Safety Board, an independent federal agency, and the North Carolina Occupational Safety and Health Administration (NC-OSHA), as they investigate the accident. The UFCW is providing full assistance to help shed a light on the unfortunate event. In addition, the UFCW has established a fund to assist the victims of the tragic event.

“”The Garner incident is a heartbreaking tragedy that reminds us that worker safety is of the utmost importance in the workplace,”" said Jackie Nowell, UFCW Director of Occupational Safety and Health. “”We are working with the regulatory agencies and the company to ensure that such catastrophes are prevented.”"

The UFCW believes that ConAgra is stepping up to the plate by continuing to pay the employees their full salaries, indefinitely. Such measures will bring the much needed comfort to the workers while they try to rebuild their livelihoods.

Or what about $7000?

If that last figure seems a little low to you, you’ll no doubt be horrified to hear that that’s the top rate. The maximum amount that OSHA is allowed to fine companies who’ve received citations subjecting their workers to preventable hazards that could result in death or serious physical harm.

This is the palty price WalMart has to pay after OSHA

cited Wal-Mart Stores Inc. for inadequate crowd management following the Nov. 28, 2008, death of an employee at its Valley Stream, N.Y., store. The worker died of asphyxiation after he was knocked to the ground and trampled by a crowd of about 2,000 shoppers who surged into the store for its annual “Blitz Friday” pre-holiday sales event.

This is what a worker’s life is worth. Less than a fraction of 1 percent of those bonuses paid out to AIG executives.

Doesn’t that reflect a problem with our labor laws? As Jason Lefkowitz at CTW Connect points out:

President Barack Obama has brought in a new team at the Department of Labor that is committed to ensuring that every worker has a safe workplace. But they can only do as much as they are empowered to do by the law. And the laws that govern worker protection on the job are shockingly toothless.

Lefkowitz goes on to make the same ask that I’ll make here: Please tell Congress to pass the Protecting America’s Workers Act, which is currently before the House of Representatives. It’s legislation that would put some teeth in our labor laws and strengthen many protections for employees at their workplaces–including upping the minimum fine for the type of citation WalMart received after their worker’s trampling death.

It won’t bring workers who’ve died on the job back to their families and friends. But it would at least give companies pause to think about the consequences of not adequately protecting workers from on-the-job hazards.

Making workers safer on the job? That really would be priceless.

With this budget, the Department of Labor has returned to its mission of protecting America’s workers rather than serving the needs of corporate lobbyists, and high-dollar donors.

This budget provides for hundreds of new investigators to ensure that Americans are paid for their hard work, increased Occupational Safety and Health Administration funding so that they come home safe every day, and new funding for programs that help the unemployed find new work. We at the UFCW know that this budget is an important step to jump start our economy, and make work pay for every American.”

Hacht worked at Tyson Foods Inc. meatpacking plant (formerly IBP) in Nebraska for 20 years, playing a role as an active steward from the very beginning of her time there. In the mid-1980s, IBP workers were suffering from high rates of MSDs. Local 222 and the UFCW International’s Safety and Health department filed an OSHA complaint, and IBP receieved one of the highest fines ever for failing to provide a safe and healthy workplace.

Settlement of the citations led to a successful ergonomic program, and Carmen became an “”ergonomic monitor,”" a line worker trained in ergonomics. She was responsible for job analysis, audits of workers on light duty jobs, worker advocacy when workers were injured and needed help getting through the medical system, and monitoring workers training and skills.

Carmen’s work at Local 222 now includes overseeing the ergonomics program at the meatpacking plants. She teaches new monitors what their jobs will entail, and has earned the trust and respect of the plant workers. The UFCW is proud of the contributions that Carmen has made over the years to improving working conditions for thousands of workers.

Morawetz, who has investigated workplace hazards, injuries and deaths since the early 1980s, testified about the industrial hazards chemical plant workers face on a daily basis, including those who work with petroleum and coal products, fertilizers, pharmaceuticals, pesticides and other agricultural chemicals in smelters and refineries, as well as with natural gas distribution and in power plants.  He called on Congress to increase funding for the Chemical Safety Board and enforce stronger OSHA standards so that incidents linked to chemical hazards can be fully investigated and standards are followed and enforced.  He also underlined the importance of worker involvement in chemical plant security plans, as well as the need for effective training requirements, strong whistleblower protections and safer technology in this industry.

“Chemical workers know first hand how a plant works, what chemicals are used, and any particular facilities’ weaknesses,” Morawetz said.  “All these responsibilities make chemical workers the first line of defense and explain why we strongly believe vast improvements can and must be made in this nation’s chemical security.”

Morawetz also spoke about the UFCW’s commitment to improving workplace safety for all workers by enforcing existing regulations and passing stronger legislation.

“Unions have a proud history of fighting for the right to a safe workplace and for the basic right for workers to return home after a day on the job as healthy as when they left,” he said.  “From workers who are concerned about their safety and health, to union negotiators seeking health and safety contract language, to unions investigating health hazards or testifying in support of legislation, we are actively involved in making our workplaces safer.”

For a copy of Morawetz’s testimony, please contact press@ufcw.org.

Prior to the sugar plant explosion, OSHA ignored the recommendations of the U.S. Chemical Safety Board (CSB) to issue a rule that could have reduced the possibility of the explosion here and at other sugar plants.

The United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters filed a petition on February 20, 2008, with the U.S. Department of Labor demanding that OSHA issue an emergency standard on this risk.

The petition called upon OSHA to issue an Emergency Temporary Standard which requires immediate controls instituted by employers where combustible dust hazards exist. The petition also calls upon OSHA to put a new Permanent Standard in place for control of combustible dust hazards in general industry; inspect sugar processing plants; and implement a Special Emphasis Program on combustible dust hazards in a wide range of industries where combustible dust hazards exist.

The UFCW represents hundreds of workers in sugar plants around the country, including the Domino Sugar plant in Baltimore, Maryland. UFCW members at the Domino plant narrowly escaped harm last November after a combustible dust explosion rocked the facility. The International Brotherhood of Teamsters represents nearly 500 members who are employed at eight sugar processing facilities throughout the United States.

The explosions could have been prevented had OSHA heeded the recommendations made by the U.S. Chemical Safety Board made in November 2006. That year, the CSB conducted a major study of combustible dust hazards following three worksite catastrophic dust explosions that killed 14 workers in 2003. The CSB report noted that a quarter of the explosions that occurred between 1980 and 2005 that were identified, occurred at food industry facilities, including sugar plants.

OSHA’s Katrina-like inaction on this workplace risk follows a pattern of the agency ignoring scientific evidence and its own rule-making guidelines. By law, OSHA was supposed to respond to the CSB’s recommendations within six months.

A full copy of the petition can be downloaded here.

The dangerous work conditions faced by workers in the poultry industry have been documented by academics, the media and the U.S. Government Accountability Office, and line speeds have been linked to musculoskeletal disorders and debilitating injuries—including lacerations and amputations. Poultry workers often face physically demanding, repetitive work, during which they stand for long periods of time in production lines that move very quickly while wielding knives or other cutting instruments. They often work in extreme temperatures and make up to 40,000 repetitive cutting motions per shift. Worker safety will play no role under the PHBSIS proposal, and the new system will allow poultry slaughter establishments to run their lines with no maximum line speed—guaranteeing a rise in workplace injuries.

Line speeds have also been linked to food contamination, and the new proposal may put consumers at risk of food-borne illnesses by removing on-line FSIS inspectors who are trained to inspect bird carcasses for contaminated material—including fecal matter. Under the new system, poultry slaughter establishments will be allowed to monitor the poultry carcass inspection process themselves.

“”Over 100 years ago, Upton Sinclair wrote The Jungle in an effort to shed light on the unhealthy and dangerous working conditions in meat packing plants, and it is amazing that the poultry industry would be allowed to turn back the clock and dismantle our last line of defense against workp lace injuries and food-borne illnesses,”" said Mark Lauritsen, UFCW International Vice President and Director of the Food Processing, Packing and Manufacturing Division. “”We urge members of Congress to join the UFCW in opposing this misguided proposal in order to protect the health and safety of our workers and families.”"

For more than 100 years, the UFCW has been fighting to improve the working conditions of food workers and the safety of our food, and currently represents more than 250,000 workers in the packing and processing industries. In addition to protecting the rights of food workers, the UFCW is also a founding member of the Safe Food Coalition which consists of consumer groups, groups representing victims of food-borne illnesses, and watchdog groups that are dedicated to reducing the incidence of food-borne illnesses in the United States.

The USDA FSIS meetings will take place on February 5-6 at 8:45 a.m. at the Key Bridge Marriott at 1401 Lee Highway in Arlington, Va.

According to local news reports, the Indiana Department of Health is refusing to identify the name or location of the facility citing privacy concerns.  This is in stark contrast to the actions of state health officials, UFCW representatives and company officials in Minnesota where the work-related disease was first discovered.

It appears that only three meatpacking plants in the United States use an air-compression system to harvest brains from pork — QPP in Austin, Minnesota, Hormel in Fremont, Nebraska and Indiana Packers in Delphi, Indiana.   Investigators from the National Institute of Occupational Safety and Health (NIOSH) have identified Indiana Packers as the site of the new cases of yet unnamed the inflammatory neurological condition.

UFCW Local 700 President Joe Chorpenning said, “One can assume that Indiana Governor Mitch Daniels and his state government doesn’t care about regular working people that would hide information that might protect workers from neurological illness.”"

When workers became stricken with the mysterious neurological illness in Austin, QPP immediately contacted the UFCW about working together to identify any risks to workers in their plant.  The UFCW knows that QPP and Hormel stopped that production line immediately upon discovery of the illness.

No cases have been found in Nebraska.  In Minnesota, NIOSH has determined there are 12 confirmed cases among the workforce at QPP.

“”It is unfortunate that nine years have passed since the rule was proposed, and that it took a lawsuit by the unions and Congressional intervention before the Bush Administration would act,”" said AFL-CIO President John Sweeney. “”America’s working men and women deserve the proper equipment to keep them safe on the job, each and every day, and we will thoroughly review this rule to make sure it protects them.”"

“”Workers have spoken out for this rule and now Congress and the courts have forced the DOL to act. Our members will be watching to see this rule is enforced in every workplace,”" said Joseph Hansen, UFCW International President. “”Workers should no longer be required to dip into their own pocket to keep themselves safe from harm at work.”"

Both the litigation and the FY 2008 Labor-HHS funding bill set a deadline of November 30, 2007 for final action by OSHA.

This rule is a basic requirement that codifies OSHA’s long-standing policy that it is the employer’s responsibility to pay the cost of protecting workers from safety and health hazards. The rule makes clear that employers must pay for hard hats, goggles, face shields, chemical resistant suits, and other required safety equipment. It does, however, include some exemptions from the employer payment requirements, most notably for safety shoes and prescription safety glasses that can be worn off the job.

The AFL-CIO and UFCW will be reviewing the rule in detail to determine if it provides workers with the level of protection that is needed and required by law.

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For more information about workplace safety and personal protective equipment, click here.

The lawsuit alleges that Agriprocessors, a kosher slaughterhouse in Postville, Iowa,
has not compensated workers for the time they spend preparing for work at the beginning of the day and cleaning up at the end of it. Such compensation has recently been upheld by the Supreme Court.  Agriprocessors is trying to limit worker participation in its attempt to avoid its obligations under Iowa state law which provides that all employees are automatically plaintiffs in the lawsuit unless they sign a form indicating otherwise.  Agriprocessors is arguing that only federal law applies, which requires employees to sign a form requesting participation in the class action suit.

Working conditions and food safety at the AgriProcessors slaughterhouse have been under scrutiny in the past year.  In May of this year, over 200 workers stood up for their rights and walked out of the plant in protest of the company’s misconduct.

Agriprocessors, one of the nation’s largest kosher meat producers, runs a beef, lamb and poultry processing plant in Postville, Iowa. Agriprocessors produces products under the following brand names: Aaron’s Best, Aaron’s Choice, European Glatt, Iowa Best Beef, Nevel, Shor Harbor , Rubashkin’s, Supreme Kosher, and David’s.

“Essentially the company is trying to undercut the voices of hundreds of workers by delaying the lawsuit and trying to limit their right to recover unpaid wages through overwhelming them with more paperwork and red tape,” says Attorney Brian McCafferty.  McCafferty will be representing the workers today in Cedar Rapids, Iowa federal court.

For more information go to www.eyeonagriprocessors.com.

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Diacetyl is a chemical used to impart the flavor of butter in popcorn, pastries, frozen foods, and candy. Each day that they report to work, tens of thousands of food processing workers are exposed to Diacetyl—a dangerous chemical that has been connected to a potentially fatal lung disease. There have been dozens of cases of what has become known as “popcorn workers lung,” or bronchiolitis obliterans—a severe, disabling, and often-fatal lung disease experienced by food industry workers across the nation.

Despite compelling evidence that Diacetyl presents a grave danger and significant risk of life threatening illness to employees exposed to the chemical, there are currently no OSHA standards requiring exposures to be controlled.

Last year, The UFCW, together with the International Brotherhood of Teamsters, petitioned the Department of Labor (DOL) to issue an Emergency Temporary Standard to stop the continued risk of Diacetyl exposure to workers. Forty-two of the nation’s leading occupational safety scientists signed on to an accompanying letter agreeing that there is more than enough evidence for OSHA to regulate this dangerous chemical. Still, OSHA did not act.

“OSHA has been sitting on evidence that there is a direct correlation between Diacetyl and popcorn workers lung for years. By not regulating this dangerous chemical, OSHA has neglected its responsibility to food workers,” said Jackie Nowell, UFCW Safety & Health Director. “The idea that it would take an act of Congress to get OSHA to do its job and protect workers is appalling.”

“We applaud the decision to finally issue a final rule on employer payment for their employees’ protective equipment” said AFL-CIO President John Sweeney.  “This rulemaking has taken far too long.  We will be monitoring the Department of Labor’s actions to make sure they honor this commitment and issue a strong, protective rule.”

On January 3, 2007, the AFL-CIO and UFCW filed a lawsuit against the Bush Administration over its failure to finalize the payment for PPE rule.  The court ordered the Bush Administration to respond to the lawsuit by March 19.  On March 14, the Secretary of Labor filed papers with the court committing to issue a final rule in November 2007.

“This is a victory for workers who have suffered needlessly while awaiting action by the Bush Administration,” said Joe Hansen, UFCW International President.  “According to OSHA’s own estimates, 400,000 workers have been injured and 50 have died while the rule has been in limbo.  We expect a strong final rule this November.”

Workers in the meatpacking, poultry and construction industries, and low-wage and immigrant workers are most vulnerable to injury.

The rule was first announced in 1997 and proposed in 1999 by OSHA after a ruling by the Occupational Safety and Health Review Commission that OSHA’s existing PPE standard could not be interpreted to require employers to pay for protective equipment.   The rule proposed in 1999 did not impose any new obligations on employers to provide safety equipment; it simply codified OSHA’s policy that employers, not employees, have the responsibility to pay for it.

In 1999, OSHA promised to issue the final PPE rule in July 2000.  But it missed that deadline and has missed every self-imposed deadline since.  The agency has failed to act in response to a 2003 petition by the AFL-CIO and UFCW and numerous requests by the Hispanic Congressional Caucus.

For nearly eight years, OSHA has failed to issue a standard requiring employers to pay for PPE.   The rule was first announced in 1997 and proposed in 1999 by the Occupational Safety and Health Administration (OSHA) after a ruling by the Occupational Safety and Health Review Commission that OSHA’s existing PPE standard could not be interpreted to require employers to pay for protective equipment.  In 1999, OSHA promised to issue the final PPE rule in July 2000.  But it missed that deadline and has missed every self-imposed deadline since.  The agency has failed to act in response to a 2003 petition by the AFL-CIO and UFCW and numerous requests by the Hispanic Congressional Caucus.

By OSHA’s own estimates, 400,000 workers have been injured and 50 have died due to the absence of this rule.   The labor groups say that workers in some of America’s most dangerous industries, such as meatpacking, poultry and construction, and low-wage and immigrant workers who suffer high injury rates, are vulnerable to being forced by their employers to pay for their own safety gear because of OSHA’s failure to finish the PPE rule.

“”Nothing is standing in the way of OSHA issuing a final PPE rule to protect worker safety and health except the will to do so.   It is long overdue that the agency takes action on protective equipment.  The time has come to force OSHA to act,”" said Joseph Hansen, UFCW International President.

The United Food and Commercial Workers (UFCW) and the AFL-CIO sued the DOL January 3 over an eight-year delay in implementing an Occupational Safety and Health Administration (OSHA) rule requiring employers to pay for personal protective equipment (PPE).

The lawsuit asserts that the Bush Administration’s failure to act is putting workers in danger.  By OSHA’s own estimates, 400,000 workers have been injured and 50 have died due to the absence of this rule.  The labor groups noted that workers in some of America’s most dangerous industries, such as meatpacking, poultry and construction, and low-wage and immigrant workers who suffer high injury rates, are vulnerable to being forced by their employers to pay for their own safety gear because of OSHA’s failure to finish the PPE rule.

The rule was first announced in 1997 and proposed in 1999 by the Occupational Safety and Health Administration (OSHA) after a ruling by the Occupational Safety and Health Review Commission that OSHA’s existing PPE standard could not be interpreted to require employers to pay for protective equipment.  The new rule would not impose any new obligations on employers to provide safety equipment; it simply codifies OSHA’s longstanding policy that employers, not employees, have the responsibility to pay for it.

In 1999, OSHA promised to issue the final PPE rule in July 2000.  But it missed that deadline and has missed every self-imposed deadline since.  The agency failed to act in response to a 2003 petition by the AFL-CIO and UFCW and  requests by the Hispanic Congressional Caucus.  The lawsuit seeking to end this eight-year delay, called it “egregious.”

The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, asked the court to issue an order directing the Secretary of Labor to complete the PPE rule within 60 days of the court’s order.

I came to this country to follow the American dream. I thought that in the most powerful country in the world, workers were free to express themselves. I thought the laws protected workers who wanted to form a union. I was wrong. Instead, I found that when employers break every law, abuse workers and silence our voices, no one does anything to stop them.

My co-workers and I wanted a union at work to fight back against the dangerous working conditions, the lack of respect, and abusive treatment. We all signed cards showing our support for the UFCW.

The law wasn’t enough to stop Nebraska Beef from campaigning against us. The company terrified workers from standing up for their rights. They threatened to fire union supporters, threatened to call immigration and deport the Latinos and threatened to close the plant. They promised to slow down the line and treat everyone better. On the day of the elections, Nebraska Beef brought in a bunch of workers from another company plant to vote against the union.

Workers were scared. No one wanted to lose their job. The company won the vote by a small number. The line was sped back up and no one was given what was promised to them.

Then, Nebraska Beef began firing union supporters. I knew they were watching and waiting for me to make a mistake, so I was very careful. But the company fired me. My insurance was terminated weeks before they fired me and I had to pay $1,000 out of my own pocket for doctor’s visits and medicine. Meanwhile, they still took $20 out of the last three paychecks for health insurance that I didn’t have.

This company took away my livelihood and hurt my family just to keep us from organizing a union. Many other workers were fired or quit because they were so afraid.

Now, workers at Nebraska Beef still suffer the abuse and indignity that existed before the union campaign. Workers are still being threatened and fired. And, there is no way to ever have a fair election there.

We need this law to protect workers’ rights. We need this law to help workers who want to have safer working conditions and a better life with union representation.

(Buena Park, California) – On August 23, 2006 the United Food and Commercial Workers’ Union, Western States Council and the California Labor Federation petitioned the California Occupational Safety and Health Standards Board to immediately issue an Emergency Temporary Standard for diacetyl, a deadly chemical used in flavorings. This follows action taken on July 26, 2006, when two affiliate unions of the Change to Win federation – the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters -petitioned the Department of Labor (DOL) for an Emergency Temporary Standard for diacetyl under Occupational Safety and Health Act.

Diacetyl is a hazardous chemical that has been connected to a potentially fatal lung disease that has been experienced by food industry workers across the nation. There have been dozens of cases of what has become known as “”popcorn workers lung,”" or bronchiolitis obliterans-a severe, disabling, and often-fatal lung disease experienced by factory workers who produce or handle diacetyl. Several food industry employees in California have developed devastating lung problems after being exposed to diacetyl in the workplace. There are currently no OSHA standards requiring exposures to diacetyl and flavorings be controlled.

According to the Division of Occupational Safety and Health, there are 16 – 20 plants producing flavorings in the state of California. And thousands of food processing workers are involved in the production of popcorn, pastries, frozen foods, candies and even dog food that use these chemicals.

The petition was accompanied by a letter from forty-two of the nation’s leading occupational safety scientists, including a former OSHA director, five former top officials from OSHA, the Environmental Protection Agency, and the Department of Health and Human Services, who all agree that there is more than enough evidence for OSHA to regulate.

The UFCW and the California Labor Federation are petitioning the Standards Board to require employers to control airborne exposure to diacetyl and ensure that all employees who are exposed to a certain airborne level of the chemical are provided with air purifying respirators. The safety of these workers would be additionally monitored through medical surveillance and regular consultations.

The petition also demands that Cal/OSHA immediately issue a bulletin to all employers and employees potentially exposed to diacetyl outlining the dangers of the chemical. Cal/OSHA is being asked to conduct inspections and begin rule-making proceedings to establish a permanent standard that will put an end to this tragic epidemic and protect workers from exposure to all flavorings.

Diacetyl is a hazardous chemical that has been connected to a potentially fatal lung disease that has been experienced by food industry workers across the nation.  There have been dozens of cases of what has become known as “popcorn workers lung,” or bronchiolitis obliterans—a severe, disabling, and often-fatal lung disease experienced by factory workers who produce or handle diacetyl.

“Three workers have died and hundreds of others seriously injured,” said Jackie Nowell, UFCW Safety & Health Director. “It’s time for action. We will not let food processing workers continue to be the canaries in the coal mine while waiting for the industry to regulate itself.”

More than 8,000 workers are employed in the flavorings production industry and may be exposed to the dangers of diacetyl and other similar chemicals. Tens of thousands of food processing workers are involved in the production of popcorn, pastries, frozen foods, candies and even dog food that use these chemicals.  It is not clear whether consumers are at risk from exposure to diacetyl but certainly the workers who deal with high concentrations of the flavoring chemical are at risk of developing serious and irreversible lung damage.

The unions’ petition is accompanied by a letter from forty-two of the nation’s leading occupational safety scientists, including a former OSHA director, five former top officials from OSHA, the Environmental Protection Agency, and the Department of Health and Human Services, who all agree that there is more than enough evidence for OSHA to regulate.

“”Study after study have shown that breathing artificial butter flavor destroys workers lungs. We know how to prevent this terrible disease but OSHA refuses to act”" said Dr. David Michaels of the Project on Scientific Knowledge and Public Policy at the George Washington University School of Public Health.

The UFCW and Teamsters filed the petition for an Emergency Temporary Standard with the DOL to require employers to control airborne exposure to diacetyl and ensure that all employees who are exposed to a certain airborne level of the chemical are provided with air purifying respirators. The safety of these workers would be additionally monitored through medical surveillance and regular consultations.

The petition also demands that OSHA immediately issue a bulletin to all employers and employees potentially exposed to diacetyl outlining the dangers of the chemical.  OSHA is being asked to conduct inspections and begin rule-making proceedings to establish a permanent standard that will put an end to this tragic epidemic and protect workers from exposure to all flavorings.

“The science is clear.  Now it is time for the Department of Labor to employ their regulatory mandate and protect the public,” said Lamont Byrd, Teamster Safety & Health Director. “Such illnesses and fatalities are avoidable and therefore, inexcusable.  An Emergency Standard is necessary to prevent the suffering and death of the additional workers who will get sick during the time it would take for OSHA to set a Permanent Standard.”

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The United Food and Commercial Workers International Union’s 1.4 million members work in America’s supermarkets, meatpacking and food processing plants.  Founded in 1903, the International Brotherhood of Teamsters represents more than 1.4 million hardworking men and women throughout the United States and Canada.  Both unions are founding members of the Change to Win federation.  www.changetowin.org

For more information and studies about Popcorn Workers Lung Disease, go to www.DefendingScience.org

• A copy of the DOL petition.
• A copy of the letter from top scientists.
• A timeline about diacetyl in the United States.

The poultry industry is a major force in the U.S. economy, generating more than $35 billion per year in revenue. The nation’s 200,000 poultry workers produce 500 million pounds of chicken every week. We must have a plan to protect these workers-the chicken catchers and those that slaughter, process, and package the millions of chickens and turkeys that Americans eat each year.

The Bush administration has taken the first, important steps in containing a potential outbreak of bird flu by discussing and planning the control of the virus at its source-in animals.

However, if we are to avoid a pandemic, America’s plan to contain the bird flu must have a worker component. The Bush administration should consider:

–Direct contact with infected poultry or contaminated surfaces and objects is considered the main route of human infection. This kind of direct contact is the norm for workers in the poultry industry. A poultry worker immunization program will prevent the spread of the disease and assure the public that a meaningful step has been taken to contain the disease at its source.

–Poultry workers are in the best position to visually identify sick birds and report suspected cases of bird flu. These front line workers are the nation’s best defense against a pandemic, but they will need whistleblower protections in order to avoid discrimination and to assure that profit doesn’t override health and safety.

–Many immigrant, undocumented, or Spanish-speaking poultry workers are unaware of workplace safety regulations. This population is unlikely to ask for safety and health protections such as respirators or flu shots. Unfortunately, a recent sting operation where ICE agents posed as OSHA officials has hurt the credibility of government safety programs and further increased immigrants’ mistrust of government. We must reach out to these workers with health and safety information and we must strictly enforce a policy that prohibits sting operations that undermine OSHA credibility.

These worker issues are of paramount importance. Worker organizations, like unions, should be consulted and integrated into the effort. The UFCW stands ready to work with all interested stakeholders, including worker representatives, government agencies, and poultry companies.

(Washington, DC) – As the temperature begins to cool here in the United States, a bitter and brutal cold has crept into the air surrounding the Tyson beef plant in Brooks, Alberta, Canada.  More than 2,300 workers, many of them workers who are refugees from the Sudan, have been forced onto the streets and onto picket lines in a battle to preserve a decent standard of living.  Tyson is leaving workers and their families out in the cold, again.

Workers at the Brooks plant stood up for a voice with the United Food and Commercial Workers (UFCW) Local 401 in August, 2004, eager for basic workplace protections such as an end to harassment, improved safety training, and better handling of biological hazards.   More than 600 Sudanese immigrant workers were lured to Alberta with the promise of a good job and bright future.  Tyson’s disregard for the basic safety needs of its workforce, immigrant and native, is reprehensible. Picket lines went up on October 12, 2005 after Tyson Foods threw out a proposal by a mediator appointed by the Alberta government to facilitate a first-contract agreement.

“UFCW members and Tyson workers in the United States stand firmly in support of our Canadian brothers and sisters as they stand up against Tyson’s greed,” said Joseph T. Hansen, UFCW International President.  “We are committing every resource available to support our striking workers in Alberta on the frontlines against Tyson’s inexcusable greed.”

Provincial law enforcement officers stood by yesterday as replacement workers and management verbally and physically assaulted Sudanese workers with racially-motivated jeers and anti-immigrant insults.  Several strikers were reportedly beaten with metal pipes, left injured in a ditch before being transported to the hospital.

“Tyson recruits workers from all over the world to bring them to work in their North American operations in a race to the bottom.   Exploitation of a vulnerable immigrant workforce is part of their business plan.  Now, it is particularly galling to see that the Tyson is allowing racially-motivated violence to take place on the picket line,” continued Hansen.

Tyson’s behavior in Alberta follows a pattern it sets in the United States – doing everything in its power to lower wages, cut benefits and reduce workplace standards for employees, particularly immigrant workers.  In 2003, Tyson forced long-time meat processing workers in Jefferson, Wisconsin onto picket lines for nearly one year in order to lower wage and benefit levels for unionized workers in the United States.  In this instance, Tyson’s message to the black immigrant workforce is clear: we brought you to this continent so that we can pay you less than native workers.

Tyson Foods is the Wal-Mart of the meat industry – dominating 27 percent of all beef, pork and chicken sales in the U.S.  But size doesn’t give it the excuse to drag workers’ wages, health care benefits, and workplace standards to the even lower levels.  The company carries very little debt and share prices have increased by 25% in the last year.  Tyson has no financial need to demand sub-standard wage and benefit levels for workers in the U.S. or Canada.

The Brooks facility handles 40% of all beef slaughter in Canada.   It operates under the name “Lakeside Packers.”  Tyson has owned the plant for ten years.

UFCW members in the U.S. will be marching and leafletting in support of the strikers at the Millions More Movement on the National Mall in Washington, DC tomorrow.

“OSHA is responsible for worker safety and health,” said UFCW International President Joe Hansen.  “For ICE to stage a sham OSHA meeting in order to round up and arrest people undermines OSHA’s mission, and is a step backwards for state and federal efforts to reduce worker injuries and deaths. The word being brought back to worksites, after a scam like this, is that OSHA can’t be trusted. That kind of perception diminishes OSHA’s ability to do the critical work of protecting America’s labor force.”

There are more than 10 million foreign-born workers in the US, making up about 15% of the workforce. Immigrant workers have the highest rates of on-the-job injuries and fatalities.  Hispanic workers suffer 69% of all on-the-job injuries/deaths. In the meatpacking industry, more than half of the workers are foreign-born, and in some plants, up to 80% of the workers are immigrants.

“This unscrupulous action has shattered the trust between OSHA and the workers who depend on the agency the most,” said Hansen. “More and more often, it is immigrants who work in the most dangerous industries such as construction or meatpacking.  How can OSHA reach these at-risk workers with safety information now?  To these workers, OSHA no longer means safety, but betrayal. The Bush administration must denounce the kind of trickery that undermines safety.”"

This is an administration that goes out of its way to hurt workers. President Bush’s first major legislative action upon taking office was to sign legislation repealing OSHA’s ergonomics standard. This important worker safeguard, issued in November 2000, was ten years in the making and would have prevented hundreds of thousands of workplace injuries a year.

Today we also honor the workers who have been killed and injured on the job and their families. Last week, a UFCW member—a young worker from Guatemala—was killed working in a poultry plant. Thousands of workers, particularly immigrant workers, risk serious and sometimes fatal injury at work in workplaces such as poultry and meatpacking plants. No worker should be forced to risk their life to put food on the table for America’s families.

The UFCW is encouraged by actions such as those by Senator Edward Kennedy who is working to strengthen worker safety by introducing a bill this week that will expand protections for workers under the Occupational Safety and Health Act. Senator Kennedy’s bill includes a mandate that employers pay for safety gear they require workers to wear. The Bush Administration has so far refused to complete and issue this standard. It will also strengthen penalties against employers who kill or seriously injure workers by willfully violating OSHA standards.

The Bush Administration has joined with business supporters to roll back, block, or stall needed worker protections. This Worker’s Memorial Day, the UFCW reiterates its commitment to electing a President that will put worker need before corporate greed.

The labor movement, in conjunction with the Congressional Hispanic Caucus, is calling for the Secretary of Labor to act on the rule that mandates employer payment for personal protective equipment. The United Food and Commercial Workers International Union (UFCW)– joined by eight additional labor organizations–today, filed a petition with the Secretary of Labor to demand action within 60 days. This standard has been stalled at the agency for three years.

“”Many workers in these industries rely on personal protective equipment as virtually their only measure of protection. Workers should not be required to bear the cost of this basic protection.”" said Jackie Nowell, Director, Occupational Safety and Health Office, UFCW.

Nowell points out that workers in meat and poultry industries, for example, wear metal mesh gloves, which cost as much as $65, to prevent knife cuts and rubber boots to prevent falling on slippery floors.

In 1999, members of the UFCW and other unions offered real world testimony that without a requirement for employer payment, equipment was often improperly selected, poorly maintained and used beyond its useful life, putting workers at risk of injury.

“”Low-wage workers are most acutely in need of the protection offered by the rule. In the higher wage industries, most employers routinely supply all required safety gear free of charge.”" said Nowell.

Despite the clear demonstrated need and support for this requirement, the rule was not finalized and has lain dormant for three years. The rule has repeatedly slipped off OSHA’s Regulatory Agenda, and most recently was listed as a long-term action with the notation “”Next Action Undetermined.”"

“”It is shocking and irresponsible that the Department can move so fast to cut overtime pay for workers through regulations, but won’t move a simple job safety regulation that has been waiting for years,”" said Patricia Scarcelli, International Vice President and Director of the Legislative and Political Affairs Department. “”This simple rule can help to improve the day-to-day lives of thousands of immigrant workers. And it is sitting there waiting for Secretary Chao to give the word.”"

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• View the petition to Secretary of Labor Chao
• View the Congressional Hispanic Caucus letter to Secretary of Labor Chao