January 2 marks the third anniversary of the Sago mine tragedy, in which 12 miners died after being trapped by an explosion. Chairman Miller offers his condolences to the miners’ families and promises to work toward improved health and safety for all miners and workers.
Recently in Worker Safety and Health
The U.S. Department of Labor is failing to effectively enforce the nation’s child labor laws, witnesses told the Workforce Protection Subcommittee today. According to a study by the National Consumers League, the number of child labor investigations decreased dramatically during the Bush administration: The number of child labor investigations conducted by the Labor Department in 2006 was at the lowest in at least a decade. Meanwhile, research by the Association of Farmworker Opportunity Programs, a coalition of migrant and seasonal agricultural nonprofit and public agencies, indicates that approximately 400,000 children under the age of 18 work in the fields to help support their families. While there are numerous restrictions on what dangerous job functions underage workers may perform, there are few protections if those children happen to work in agriculture. Agricultural child labor rules have remained largely unchanged since signed into law in 1938. At that time, a quarter of all American lived on farms and the majority of the agricultural work was performed on the family farm. Unlike counterparts in other industries, minors working in agriculture are still permitted to log in more than 40 hours a week without overtime pay.
“Children at age 12 [are] not
allowed to work making copies in an air-conditioned office or cleaning
floors at a local store. Yet today in America, children can legally
work in harsh conditions out in the farm fields for wages sometimes
below minimum wage. Exploitation of children, regardless if it’s done
legally or illegally, needs to stop today.” -- Norma Flores, a former
migrant farmer who began working when she was 12 years old.
“Unfortunately, all the laws and labor protections in the world won’t help if we do not adequately enforce our child labor laws. It is clear that the Bush administration is not focused on enforcing the laws already on the books.” -- Rep. Lynn Woolsey, chair of the Workforce Protections Subcommittee.
“Much more can and must be done to better protect our young people from hazards and dangers they confront in the workplace. Child labor law is no longer a high priority for the Department of Labor.” -- Sally Greenberg, executive director of the National Consumers League.
“Unfortunately, all the laws and labor protections in the world won’t help if we do not adequately enforce our child labor laws. It is clear that the Bush administration is not focused on enforcing the laws already on the books.” -- Rep. Lynn Woolsey, chair of the Workforce Protections Subcommittee.
“Much more can and must be done to better protect our young people from hazards and dangers they confront in the workplace. Child labor law is no longer a high priority for the Department of Labor.” -- Sally Greenberg, executive director of the National Consumers League.
A last-minute Department of Labor proposal could undermine future health and safety protections for American workers, witnesses told the Workforce Protections Subcommittee today. The Washington Post recently reported that the proposal was developed by political appointees in secret with little consultation with career agency health and safety experts. The proposal only gives 30 days for comment and provides for no public hearings. Critics say that the Department of Labor proposal would add additional layers of red tape to an already slow regulatory process, even for those initiatives being considered. The Bush administration has only issued one health-related standard over the past eight years, which it was forced to complete under a court-ordered deadline.
In July, Chairman
George Miller proposed legislation (H.R. 6660) to forbid the Department
of Labor from issuing, administering or enforcing the department’s
proposal.
“I am troubled by the Department of Labor’s attempt to rush through this rule without a full consideration of its effect on the health and safety of American workers. This proposed rule has without explanation leapfrogged ahead of many other worker protection standards that OSHA should have been working on for the last 8 years.” -- Subcommittee Chair Lynn Woolsey
“Our nation’s system for protecting workers from harmful substances that cause injuries, illnesses, and deaths is paralyzed. Thousands of workers are exposed every day to chemical compounds and physical hazards that are known to be harmful, yet these exposures are permitted by outdated or non-existent OSHA and MSHA standards.” -- Dr. Celeste Monforton, a lecturer at the department of environmental and occupational health at The George Washington University
“The proposed risk assessment rule has been developed in secret by political appointees…with little involvement by OSHA and MSHA and with no public notice prior to its publication. The department is trying to rush the proposal through and is depriving the public of an opportunity to meaningfully participate in this rulemaking process.” -- Peg Seminario, director of safety and health at the AFL-CIO
“I am troubled by the Department of Labor’s attempt to rush through this rule without a full consideration of its effect on the health and safety of American workers. This proposed rule has without explanation leapfrogged ahead of many other worker protection standards that OSHA should have been working on for the last 8 years.” -- Subcommittee Chair Lynn Woolsey
“Our nation’s system for protecting workers from harmful substances that cause injuries, illnesses, and deaths is paralyzed. Thousands of workers are exposed every day to chemical compounds and physical hazards that are known to be harmful, yet these exposures are permitted by outdated or non-existent OSHA and MSHA standards.” -- Dr. Celeste Monforton, a lecturer at the department of environmental and occupational health at The George Washington University
“The proposed risk assessment rule has been developed in secret by political appointees…with little involvement by OSHA and MSHA and with no public notice prior to its publication. The department is trying to rush the proposal through and is depriving the public of an opportunity to meaningfully participate in this rulemaking process.” -- Peg Seminario, director of safety and health at the AFL-CIO
On Wednesday, September 17, the Workforce Protections Subcommittee will hold a hearing examining the Department of Labor's last-minute proposal that would dramatically weaken future workplace health standards and further slow their enactment. The department has allowed only 30 days for comment on the proposal and will not hold public hearings.
"Secret Rule: Impact of the Department of Labor’s Worker Health Risk Assessment Proposal"
Wednesday, September 17, 2008, 10:00 a.m. EDT
"Secret Rule: Impact of the Department of Labor’s Worker Health Risk Assessment Proposal"
Wednesday, September 17, 2008, 10:00 a.m. EDT
One year ago today, six coal miners were trapped after a series of catastrophic – yet preventable – events resulted in the collapse of the Crandall Canyon Mine. Our nation became transfixed on the heroic attempts to save the miners and prayed that everyone would return to their families unharmed. On this sad anniversary, our thoughts and prayers are with the families, friends, and communities who lost loved ones in the mine and the rescue attempt.
After the Crandall Canyon mine disaster, the U.S. House of
Representatives acted promptly to strengthen our nation’s mine health
and safety laws by passing the S-MINER Act. This bill will require more vigorous oversight of retreat mining plans and activities.
Our committee’s investigation and other inquiries have shown that this tragedy was preventable. Actions by an irresponsible mine operator and an incompetent U.S. Mine Safety and Health Administration allowed this disaster to occur. Unfortunately, Secretary Chao has failed to hold anyone in MSHA accountable for the agency’s substantial failure to prevent the Crandall tragedy.
This anniversary reminds us of the significant risks miners still face while extracting the coal that meets our nation’s energy needs. The several mine tragedies that have occurred recently have been the result of weak laws, outlaw mine operators, and government agencies asleep at the switch. This is unacceptable. We must work aggressively toward a future where all miners can return home safely after their shifts. There is no better way to honor the lives of these fallen workers than to do all we can to prevent these kinds of tragedies from ever occurring again.
Our committee’s investigation and other inquiries have shown that this tragedy was preventable. Actions by an irresponsible mine operator and an incompetent U.S. Mine Safety and Health Administration allowed this disaster to occur. Unfortunately, Secretary Chao has failed to hold anyone in MSHA accountable for the agency’s substantial failure to prevent the Crandall tragedy.
This anniversary reminds us of the significant risks miners still face while extracting the coal that meets our nation’s energy needs. The several mine tragedies that have occurred recently have been the result of weak laws, outlaw mine operators, and government agencies asleep at the switch. This is unacceptable. We must work aggressively toward a future where all miners can return home safely after their shifts. There is no better way to honor the lives of these fallen workers than to do all we can to prevent these kinds of tragedies from ever occurring again.
Chairman George Miller and other House Democrats introduced legislation last night to prevent the Department of Labor from finalizing a last minute rule that could dramatically weaken future workplace health and safety regulations and slow their enactment. The “Prohibiting the Department of Labor’s Secret Rule Act” (H.R. 6660) will forbid the Department of Labor from issuing, administering or enforcing any rule, regulation, or requirement derived from the proposal submitted to the Office of Management and Budget on July 7. Chairman Miller and Sen. Edward M. Kennedy first requested information regarding the draft rule on July 10, when it was revealed that the department was working on a last-minute change to the regulatory process that may significantly inhibit the implementation of critical health and safety regulations. On July 23, Miller and Kennedy requested that the Department withdraw the rule.
“Congress will not stand for any backdoor effort by the political appointees to further cripple our nation’s ability to respond to vital health and safety concerns. This entire effort is the product of a flawed, politicized process that has failed to properly consider the views of experts or the consequences for workplace health.” -- Chairman George Miller
“Congress will not stand for any backdoor effort by the political appointees to further cripple our nation’s ability to respond to vital health and safety concerns. This entire effort is the product of a flawed, politicized process that has failed to properly consider the views of experts or the consequences for workplace health.” -- Chairman George Miller
The Occupational Safety and Health Administration (OSHA) today issued an $8.77 million citation to Imperial Sugar for the fatal February explosion that killed 13 workers and seriously injured dozens of others at the company’s sugar refinery in Port Wentworth, Georgia.
This unfortunate tragedy didn’t have to happen. The Chemical Safety Board urged OSHA in 2006 to adopt rules that could prevent more deaths and injuries caused by combustible dust explosions. OSHA ignored those recommendations. The agency tasked by Congress to protect the health and safety of American workers has failed to aggressively address this deadly problem.
This unfortunate tragedy didn’t have to happen. The Chemical Safety Board urged OSHA in 2006 to adopt rules that could prevent more deaths and injuries caused by combustible dust explosions. OSHA ignored those recommendations. The agency tasked by Congress to protect the health and safety of American workers has failed to aggressively address this deadly problem.
It is obvious from these events that existing rules and efforts
by OSHA to prevent these explosions are not sufficient. The agency
should immediately issue an emergency standard to prevent these
explosive hazards. Failing that, Congress will act to ensure that the
agency does its job.
It is clear from OSHA’s report that Imperial Sugar had a company-wide problem with sugar dust. Not even the deaths of 13 workers raised alarm bells with the company as proven by the dangerous conditions exposed at Imperial’s Gramercy, Louisiana plant more than a month later.
(In April, the U.S. House of Representatives approved the Worker Protection Against Combustible Dust Explosion and Fires Act (H.R. 5522). The bill, introduced by Chairman Miller and Rep. John Barrow (D-GA), would require OSHA to issue emergency rules to regulate combustible dust, like sugar dust, that can build up to hazardous levels and explode.)
It is clear from OSHA’s report that Imperial Sugar had a company-wide problem with sugar dust. Not even the deaths of 13 workers raised alarm bells with the company as proven by the dangerous conditions exposed at Imperial’s Gramercy, Louisiana plant more than a month later.
(In April, the U.S. House of Representatives approved the Worker Protection Against Combustible Dust Explosion and Fires Act (H.R. 5522). The bill, introduced by Chairman Miller and Rep. John Barrow (D-GA), would require OSHA to issue emergency rules to regulate combustible dust, like sugar dust, that can build up to hazardous levels and explode.)
Today, the Mine Safety and Health Administration (MSHA) fined the operator of Utah's Crandall Canyon Mine $1.85 million for the disaster that was the site of the worst coal mining tragedy of 2007. Pillars of coal supporting a roof burst, sending coal flying and creating enough force to register a 3.9 on the Richter scale. Rubble blocked every exit, entombing six miners somewhere between 1,000 and 2,000 feet underground. Three courageous rescuers who attempted to reach them also died in the rescue effort. Crandall Canyon Mine is operated by Genwal Resources Inc., whose parent company is Murray Energy Corp.
MSHA's accident investigation report affirms the conclusions reached by our own investigation:
Murray Energy should not have proposed the flawed retreat mining plan
and MSHA should not have approved the plan. It is clear that Murray
Energy is an outlaw company that recklessly endangered its employees’
lives. It is tragic that the deaths of six miners and three rescuers
resulted from the reckless actions of a few individuals and inadequate
MSHA oversight.
Especially troubling is MSHA’s conclusion that Murray Energy misled MSHA regarding bumps that occurred in March 2007. In April of this year, I asked the Department of Justice to open a criminal investigation into this very subject. The April referral was supported by significant evidence committee staff uncovered as they reviewed hundreds of thousands of documents, interviewed many witnesses, and deposed several individuals involved. I am confident that MSHA’s additional evidence in support of our criminal referral will provide further assistance to the Department of Justice in aggressively pursuing this criminal matter.
We will review MSHA’s investigation report and that of the forthcoming review of MSHA’s actions at the mine. The agency’s track record, however, leads me to believe that MSHA is not up to the task of protecting the health and safety of our nation’s miners. We must ensure that another tragedy such as this never happens again.
(In January, the House of Representative approved mine safety and health legislation that includes provisions to ensure more vigorous oversight by MSHA of retreat mining plans and activities. More information on the Supplementary Mine Improvement and New Emergency Response Act (H.R. 2768) »)
Especially troubling is MSHA’s conclusion that Murray Energy misled MSHA regarding bumps that occurred in March 2007. In April of this year, I asked the Department of Justice to open a criminal investigation into this very subject. The April referral was supported by significant evidence committee staff uncovered as they reviewed hundreds of thousands of documents, interviewed many witnesses, and deposed several individuals involved. I am confident that MSHA’s additional evidence in support of our criminal referral will provide further assistance to the Department of Justice in aggressively pursuing this criminal matter.
We will review MSHA’s investigation report and that of the forthcoming review of MSHA’s actions at the mine. The agency’s track record, however, leads me to believe that MSHA is not up to the task of protecting the health and safety of our nation’s miners. We must ensure that another tragedy such as this never happens again.
(In January, the House of Representative approved mine safety and health legislation that includes provisions to ensure more vigorous oversight by MSHA of retreat mining plans and activities. More information on the Supplementary Mine Improvement and New Emergency Response Act (H.R. 2768) »)
This morning, the Washington Post exposed the Bush administration’s latest ploy that could radically change the way health and safety regulations are issued. This secret regulation is a clear attempt by the Bush administration and the business community to fundamentally weaken the scientific process for enacting new regulations that protect American workers.
Today, Senator Kennedy and I demanded that Labor Secretary Elaine Chao withdraw this rule immediately and turn over all communications with outside special interests and other documents relating to proposed rule. You can read the letter here.
Today, Senator Kennedy and I demanded that Labor Secretary Elaine Chao withdraw this rule immediately and turn over all communications with outside special interests and other documents relating to proposed rule. You can read the letter here.
As we state in our letter, it is disturbing that the Department of
Labor is moving this proposal over the objections of career staff in
the relevant health and safety agencies. Such career staff have the
objective, technical expertise and experience to fully understand the
proposal’s implications for workers.
The Bush administration will stop at nothing to rush through a secret rule that will tie the hands of health and safety experts when responding to our nation’s critical health and safety threats.
But, that’s really no surprise at all. For nearly eight years, this administration has consistently failed to respond in a meaningful way to the real health and safety threats workers face while on the job. We’ve seen it when it comes to failing to protect workers who handle a dangerous artificial butter flavoring, ensuring that underground miners are sufficiently protected, and making sure construction workers are able to return home safe after their shift.
The Bush administration will stop at nothing to rush through a secret rule that will tie the hands of health and safety experts when responding to our nation’s critical health and safety threats.
But, that’s really no surprise at all. For nearly eight years, this administration has consistently failed to respond in a meaningful way to the real health and safety threats workers face while on the job. We’ve seen it when it comes to failing to protect workers who handle a dangerous artificial butter flavoring, ensuring that underground miners are sufficiently protected, and making sure construction workers are able to return home safe after their shift.