Foster Quality Workplaces that are Safe, Healthy and Fair
All workers are
entitled to safe, healthy, and fair workplace environments. DOL has
committed to achieving this goal by promoting work sites where safety and
health hazards are minimized, and where working people have equal opportunities
and are treated fairly.
Significant progress has been made in protecting workers from occupational
safety and health threats. In the past thirty years, workplace fatalities
have been cut in half and occupational injury and illness rates have declined
forty percent. However, rapid technological advances and dynamic workplace
environments have changed the nature of work, leading to new health and safety
issues. DOL promotes equality and fair play through its administration of
anti-discrimination and equal employment opportunity regulations that deal
with Federal contracting practices, jobs and training services for disabled
workers, and the employment/reemployment rights of veterans. DOL has also
recognized and addressed the increasing importance of ensuring respect for
internationally recognized core labor standards.
Agencies with programs supporting this goal are the Occupational Safety
and Health Administration (OSHA), the Mine Safety and Health Administration
(MSHA), the Employment Standards Administration (ESA), the Office of the
Assistant Secretary for Administration and Management (OASAM), the Veterans' Employment
and Training Service (VETS), and the Bureau of International Labor Affairs
(ILAB).
The Department's performance in achieving this goal is determined
by accomplishments organized at the outcome goal level and measured at
the performance goal level. Three broad objectives Outcome Goals
3.1, 3.2 and 3.3 support Strategic Goal 3, and they contain eleven
performance goals (see table below). In FY 2004, the Department achieved
eight of these goals, and in so doing marked the following improvements
in working conditions: mining fatality incidence and the all-injury incidence
were the lowest recorded in MSHA's history; occupational fatalities
were the lowest ever recorded by the fatality census; evaluated Federal
contractors' compliance
with non-discrimination laws exceeded 90 percent; and, in developing countries,
DOL-funded programs protected thousands more children from exploitive
labor and introduced HIV/AIDS workplace education.
Outcome Goal 3.1 − Reduce
Workplace Injuries, Illnesses, and Fatalities
3 performance
goals achieved & 3 not achieved17
|
MSHA fatality and injury reduction (3.1A) not achieved |
According to estimates using data through the third quarter, MSHA
reached its fatality incidence rate target, but did not reach
its injury incidence rate target. However, both the fatal incidence
rate and the all-injury incidence rate are the lowest recorded in MSHA's
history. |
MSHA dust and noise reduction (3.1B) achieved |
According to estimates using data through the third quarter, MSHA reached targets
for reductions in coal dust, silica dust and noise overexposures. |
OSHA occupational fatality reduction (3.1C) not achieved |
OSHA did not reach its workplace fatality reduction target. Workplace fatalities
increased slightly to 1.67 (per 100,000 workers) from the baseline of
1.62. |
OSHA occupational injury and illness reduction (3.1D) achieved in
2003 and 2004, not achieved in 2002 |
In both FY 2003 and FY 2004, OSHA reached its targeted reductions in the
rate of days away from work resulting from workplace injuries. In FY
2002, OSHA did not reach its target to reduce illnesses and injuries
by ten percent over the previous year's rate in four high hazard
industries. |
Outcome Goal 3.2 Foster Equal
Opportunity Workplaces
3 performance
goals achieved
|
ESA Federal contractors' compliance with equal opportunity laws (3.2A) achieved |
Both targets were reached. Incidence of discrimination among evaluated contractors
was well below target and compliance with all other equal opportunity
workplace standards was 91 percent - 30 percentage points above target. |
OASAM non-discrimination in WIA programs (3.2B) achieved |
All three targets were reached. State and local workforce agencies areas have
implemented policies and procedures to provide universal access to their
customer population, including those with disabilities. |
VETS reduce service members' reemployment issues (3.2C) achieved |
The lone target was reached. Four key problem areas with the greatest potential
for reduction of complaints were identified. |
Outcome Goal 3.3 Reduce Exploitation of Child
Labor, Protect the Basic Rights of Workers, and Strengthen Labor
Markets
2 performance
goals achieved
|
ILAB eliminate worst forms of child labor internationally (3.3A) achieved |
ILAB reached all four of its targets, which included the prevention or withdrawal
of more than 80,000 children from exploitive child labor. |
ILAB improve work conditions internationally (3.3B) achieved |
ILAB reached all five of its targets, which included initiating workplace education
projects in eight countries. |
The following charts illustrate DOL's strategic goal net
costs in FY 2004, with Quality Workplaces shares set apart. The
first allocates total Departmental costs of $56.676 billion; the second allocates
an adjusted net cost of $11.102 billion that excludes major non-discretionary
items associated with Strategic Goal 2.18 Net costs of this goal
in FY 2003 were $0.992 billion.
The outcome goals and programs listed above, along with their results, costs,
and future challenges are discussed in more detail on the following pages.
17OSHA is reporting on three years' performance for its occupational
injury and illness goal, 3.1D. Results are combined in this table.
18The
excluded costs are referred to as Income Maintenance unemployment
benefit payments to individuals who are laid off or out of work and seeking
employment ($41.424 billion) plus disability benefit payments to individuals
who suffered injury or illness on the job ($4.150 billion).
The Department strives to help make American workplaces the safest in
the world. Through the efforts of the Occupational Safety and Health
Administration (OSHA) and the Mine Safety and Health Administration
(MSHA), the Department has sought to instill a commitment to workplace
safety and health in both employers and the public at large.
These two DOL agencies are changing their relationships with employers
for the better. Building on a foundation of strong and fair enforcement,
OSHA and MSHA also provide employers with outreach, education and compliance
assistance, as well as opportunities to join with them in partnerships
and other cooperative programs. Additionally, they have increased the
availability of compliance assistance. OSHA has deployed compliance assistance
specialists in every area office and funded free onsite consultation to
small businesses in every state. More compliance assistance resources
are available from OSHA than ever before, including a toll-free compliance
assistance telephone line, training courses, and an award-winning website
that includes safety and health information bulletins, interactive software
packages and two new features that allow visitors to personalize the site
and navigate more easily.
MSHA now conducts mine inspections with a focus on improving performance
and the availability of assistance from training specialists and technical
support personnel to the mining industry. MSHA has achieved success through
developing strategic partnerships with unions, associations, and State
governments. These partnerships foster the sharing of expertise and best
practices between MSHA, states, safety professionals, and mine operators.
Nationwide, mine operators and miners are provided with compliance assistance,
accident reduction, and hazard recognition training materials during the
course of MSHA's regular inspections. In addition to onsite compliance
assistance, web-based compliance assistance tools are continually being
developed and enhanced.
DOL's workplace safety and health agencies continually improve
internal efficiency and effectiveness through strategic planning that
addresses safety challenges of the 21st century workplace. Both agencies
have five-year strategic plans that institutionalize the methods and processes
they will use to move toward further reductions in workplace injuries,
illnesses and fatalities. Part of their planning is to determine which
strategies lead to the biggest return on investment to better focus their
efforts and their resources.
The performance goals related to this outcome goal directly measure reductions
in workplace injuries, illnesses and fatalities, across general industries
and specifically within mining.
Goal (Agency) Period
Goal Statement [Achievement] |
Performance Summary |
3.1A (MSHA) FY 2004
Reduce the mine industry fatal injury incidence by 15% from the FY
2003 baseline by FY2008, and reduce the mine industry all-injury
incidence rate 50% below the FY 200 baseline by FY 2008.
[Not Achieved] |
According to estimates using data through the third quarter, MSHA reached its
fatality incidence rate target. However, both the fatal incidence
rate and the all-injury incidence rate are the lowest recorded in
MSHA's history. |
3.1B (MSHA) FY 2004
Reduce respirable coal dust, silica dust, and noise exposures:
Reduce
the percentage of respirable coal dust samples exceeding the applicable
standards by 5% for designated occupations;
-
Reduce the percentage
of silica dust samples in metal and nonmetal mines exceeding the
applicable standards by 5% for high-risk occupations;
-
Reduce the
percentage of noise exposures above the citation level in all
mines by 5%.
[Achieved]
|
According to estimates using data through the third quarter, MSHA reached targets
for reductions in coal dust, silica dust and noise overexposures. |
3.1C (OSHA) FY 2004
Reduce occupational fatalities by 3% from
the FY 2000-2002 baseline.
[Not Achieved] |
OSHA did not reach its workplace fatality reduction target. Workplace fatalities
increased slightly to 1.67 (per 100,000 workers) from the baseline
of 1.62. This amounts to an increase of one fatality for every two
million workers. |
3.1D (OSHA) FY 2004
Reduce occupational injuries and illnesses
Reduce the days away from work case rate per 100 workers by 4% from
CY 2000 baseline.
[Achieved] |
OSHA reached its target of a four percent reduction (from CY 2000 baseline)
in the days away from work resulting from a workplace injury, by achieving
an 11 percent reduction. |
3.1D (OSHA) FY 2003
Reduce the days away from work case rate
per 100 workers by 2% from CY 2000 baseline.
[Achieved] |
OSHA reached its target of a two percent reduction (from CY 2000 baseline) in
the days away from work resulting from a workplace injury, by achieving
a 5.6 percent reduction. |
3.1D (OSHA) FY 2002
Reduce injuries and illnesses by 10 % annually
in four industries characterized by high hazard workplaces.
[Not
Achieved] |
OSHA did not reach its target to reduce illnesses and injuries by ten percent
over the previous year's rate in four high hazard industries:
nursing homes, shipyards, meat products and construction. The injury
and illness rate increased in nursing homes and shipyards and decreased
in the meat products and construction industries. |
Net Cost of Programs
FY 2004 program costs of $812 million supported OSHA
and MSHA programs to reduce worker fatalities, injuries, and illnesses,
including the Department's expanded and enhanced efforts in compliance
assistance. These program costs represent a slight $3 million decline
from FY 2003 costs of $815 million.
Text only
Historically, one of the leading causes of mining fatalities has roof
falls in underground mines, particularly coal mines. Today, better methods
of controlling mine roofs protect miners from the hazard of falling rock.
MSHA's Office of Technical Support provides a service to mine safety
and health by evaluating and testing myriad mining equipment and products,
including roof support systems, for use in underground mines. The two
engineers shown in the photo Raymond on the left and Michael on
the right test roof bolts in actual mining conditions to ensure
these devices will actually protect working miners. Securing the roof
has been and continues to be one of the most important precautions that
MSHA looks for in underground mine inspections.
|
|
Photo credit: Paul Tyrna |
Results Summary
Of the six goals presented in Outcome Goal 3.1Reduce
Workplace Injuries, Illnesses, and Fatalities, three goals were achieved
and three goals were not achieved.
In the mining industry, under the mandate of the Mine Safety and Health
Act, the fatality and all-injury safety goal was not achieved based on
FY 2004 third quarter data. While the fatality incidence rate of .0163
per 200,000 work hours reached the 3.1 percent reduction target, the all-injury
incidence rate result of 3.97 per 200,000 work hours did not meet the
23.7 percent reduction target. The mining health goal to reduce exposures
to coal dust, silica dust, and noise was achieved. Coal dust overexposures
were reduced to 10.5 percent, silica dust overexposures were reduced to
5.9 percent, and noise overexposures were reduced to 4.2 percent.
For those sectors under the Occupational Safety and Health Act, the fatality
rate of 1.67 fatalities per 100,000 employees did not meet the target
rate of 1.57. The results of the goal to reduce occupational injury and
illness rates that cover three reporting years are presented concurrently
in this report due to a data lag. For FY 2004 the goal was met with a
result of an 11.1 percent rate reduction vs. the target of four percent.
The FY 2003 the rate reduction of 5.6 percent also exceeded the target
of two percent. The FY 2002 goal to reduce injuries and illnesses by ten
percent from the previous year's rate in four industries characterized
by high hazard workplaces was not achieved.
Future Challenges
Understanding and addressing workplace demographic trends
is a key element in the Department's efforts to improve the safety and health of
the American workforce. An increasing share of the workforce is now made
up of youthful (16 to 24 year-old) and older (55 and over) workers, with
the proportion of older workers growing the fastest. Immigrant, non-English
speakers, and other "hard-to-reach" workers and employers
are becoming more prevalent. This means that the Department must continue
to seek out enforcement, training and delivery systems different from
those relied upon in the past.
The Department is also continuing to focus on the most hazardous industries
and occupations and to identify emerging safety and health issues. For
example, construction and small metal and nonmetal mines have a disproportionate
rate of accidents and fatalities and new fibers and ultra-fine particulates
need to be monitored for their health risks. To meet current and future
challenges, OSHA and MSHA are looking to increase their outreach, assistance,
and cooperative programs so that voluntary compliance backed up by strong
and fair enforcement ensure that each worker returns home safe and healthy
at the end of the work day.
Reduce the mine industry fatal injury incidence rate by 15% from the FY
2003 baseline by FY 2008, and reduce the mine industry all-injury incidence
rate 50% below the FY 2000 baseline by FY 2008.
Indicators
Reduce by 3.2% the fatal incidence rate; and
Reduce by 24.2% the all-injury incidence rate.
Program Perspective
The mission of the Mine Safety and Health Administration
(MSHA) is to protect the safety and health of our Nation's miners in accordance
with the Federal Mine Safety and Health Act of 1977. Through an effective
blend of enforcement, technical support, education, compliance assistance,
and partnerships with the mining community, mining has reduced fatalities
and injury rates for the third straight year. Although the trend has been
declining, the rates remain unacceptably high. MSHA's aggressive
long-term targeted incidence rate reductions from recent historical lows
reflect a commitment to sending healthy miners home healthy....every shift,
every day.
Results, Analysis and Future Plans
The goal was not achieved, according
to estimates using data through the third quarter.19 DOL reached its fatality
incidence rate target. The fatality incidence rate decreased by 28.8 percent
(from .0229 to .0163), against a target of a 3.1 percent decrease (to .0222).
DOL did not reach its injury incidence rate target. The injury incidence
rate has decreased by 22.7 percent to 3.97 (from the FY 2000 baseline of
5.07), 2000 2001 2002 2003 2004 against a target of a 24.1 percent decrease
(to 3.85).
Through the third quarter of
FY 2004, accidents in the Nation's mines claimed the lives of 35 workers 17
coal miners and 18 metal/nonmetal miners. In addition, there were 3,644
injuries in coal mines and 4,889 injuries in metal/nonmetal mines. In terms
of overall injury rates, both the fatal incidence rate of .0163 and the
all-injury incidence rate of 3.97 are the lowest recorded in MSHA history.
Similarly, both coal and metal/nonmetal fatality and injury rates reached
historic lows.
MSHA's program strategies for FY 2005 should be viewed within the
context of the aggressive nature of our goals and record-setting lows
for mining deaths and injuries in both FY 2003 and FY 2004. Therefore,
MSHA's strategies going forward will be a continuation of what has
been successful while taking advantage of new opportunities to build upon
past success.
19Performance results for this goal are estimated. The estimating methodology
has been reviewed by the Department of Labor's Office of Inspector
General. The actual performance results for this goal will be published
in the FY 2006 Budget.
Efforts to improve safety and health for
the nation's 350,000 miners include not only mine inspections but
a variety of MSHA initiatives and programs. That agenda is carried
out primarily by the agency's district managers who are strategically
located in district offices throughout the nation's mining regions.
Cheryl, an MSHA District Manager, administers coal mine safety and
health improvement efforts for a large area of southern Pennsylvania.
She and her 109 colleagues in the New Stanton office helped reduce
fatalities and injuries over the last year. Pennsylvania had four
fatalities in 2001 and in 2002; Cheryl and her staff helped limit
fatalities to one during 2003 a valuable contribution to MSHA's
fatality incidence reduction goal.
|
|
Photo credit: Shawn T. Moore |
Key to further reductions in deaths and injuries will be continued work
with the mining industry and safety organizations. In this regard, MSHA
will continue to leverage and extend its strategic partnerships. For example,
in FY 2004 MSHA signed two more Alliance Agreements - with the International
Union of Operating Engineers and with the International Association of
Bridge, Structural, Ornamental and Reinforcing Iron Workers. The purpose
of these agreements is to promote the sharing of expertise and best practices
between MSHA, safety professionals, and mine operators to foster a culture
of accident prevention where safety is embraced as a value.
MSHA will also continue to work with State governments in partnerships
such as the Tri-State Initiative, which focuses on Appalachian coal mining
areas in West Virginia, Virginia, and Kentucky, which are historically
responsible for the bulk of coal mining fatalities. The Tri-State Initiative
is just one example of MSHA integrating its enforcement and compliance
assistance activities. Nationwide, mine operators and miners are provided
with compliance assistance, accident reduction, and hazard recognition
training materials during the course of MSHA's regular inspections.
In addition to onsite compliance assistance, web-based compliance assistance
tools are continually being developed and enhanced. These include website
links to accident prevention ideas from miners, industry, and MSHA officials,
and web-based newsletter services for stakeholders which provide instant
notification of mining fatalities, hazard alerts, and other safety and
health related news.
Management Issues
Accident and injury data are accurate and reliable. MSHA receives employment,
injury, and accident data from mine operators and has an audit program
in place that verifies the reliability of the data annually.
Going forward, high costs and limited supplies of oil and natural gas
into the foreseeable future will result in a higher demand for coal mining.
Higher coal prices and increased profit margins will push operators to
begin new, expand, or resume mining operations and lead to competitive
pressures to increase production while containing costs, including those
costs associated with mine safety. Mines also face an aging workforce
and replacement of skilled workers with inexperienced workers who are
at higher risk of having accidents that cause injury.
During FY 2004, the General Accounting Office issued its report MSHA
Devotes Substantial Effort to Ensuring the Safety and Health of Coal Miners,
but Its Programs Could Be Strengthened (Study 12 in Appendix
2), which
comprised a programmatic review of certain MSHA operations and recommendations
to improve program performance. Also, the Office of Management and Budget
(OMB) conducted a Program Assessment Rating Tool (PART) review of MSHA
in conjunction with the FY 2005 budget. MSHA received a rating of Adequate.
Reduce respirable coal dust, silica dust, and noise exposures
Indicators
Reduce the percentage of respirable coal dust samples exceeding
the applicable standards by 5% for designated occupations;
Reduce the percentage of silica dust samples in metal and nonmetal mines
exceeding the applicable standards by 5% for high-risk occupations; and
Reduce the percentage of noise exposures above the citation level in
all mines by 5%
Program Perspective
In accordance with the Federal Mine and Safety Act
of 1977, DOL's
Mine Safety and Health Administration (MSHA), through safety and health
enforcement and compliance assistance, and in partnership with the mining
community, works to reduce occupational illnesses and health hazards among
our Nation's miners.
Major health hazards to miners include black lung disease, and silicosis.
These are disabling and eventually fatal respiratory diseases caused by
exposure to excessive amounts of respirable coal and silica dust. In addition,
noise exposure above regulatory standards can cause permanent hearing
loss. Although the incidence of black lung and silicosis disease has declined
over the years, the elimination of black lung disease, silicosis, and
hearing loss remains a Departmental priority. Because these conditions
develop gradually after repeated exposures, determining the rate at which
miners are overexposed to coal dust, silica dust, and noise is a proxy
measure of future miner health. Reducing miner overexposures therefore
contributes to MSHA's longer term objective of a reducing the incidence
of black lung disease, silicosis and hearing loss.
In developing this goal, MSHA targeted five percent annual reductions
of overexposures. Experience has shown that these five percent reductions
per year, from historical baselines, were not aggressive enough and
MSHA plans to update baselines in future years so that a five percent
target is appropriately ambitious.
Recognition of good work is positive motivation. It's one of the
concepts MSHA uses to promote good safety and health practices throughout
the American mining industry. MSHA officials seek to recognize mining
operations like Yavapai Materials, a sand and gravel mining operation
situated in the Fort McDowell Yavapai Nation. Yavapai Materials logged
58,000 employee hours without a single lost-time accident. That was three
years without an injury on the job! Obviously, this company employs both
good workers and good safety habitsso good that they were asked
to provide a program of "Best Practices" for neighboring mining
operations. MSHA's Assistant Secretary David Lauriski (center) took
time to go out to the Yavapai operation to congratulate Steven, general
manager of Yavapai Materials (left) and President Raphael Bear (right),
President of Fort McDowell Yavapai Nation, and personally tell them what
a good job they've done for themselves and for the mining industry.
Good safety practices being shared among neighboring mining operationsanother
innovative way to reduce mining fatalities and injuries in the nation's
mining operations.
|
|
Results, Analysis and Future Plans
The goal was achieved, according to
estimates using data through the third quarter.
- For coal dust, sample overexposures were reduced to 10.5 percent,
a reduction of five percent from the prior year, and a 30 percent improvement
from the FY 2002 baseline.
- For silica dust, sample overexposures were
reduced to 5.9 percent, a reduction of eight percent from the prior
year, and a 34 percent improvement from the FY 2002 baseline.
- For
noise, sample overexposures were reduced to 4.2 percent, a reduction
of 19 percent from the prior year, and a 55 percent improvement from
the FY 2000-2001 baseline.
As discussed above, results for all indicators
Samples Exceeding Noise Standard have greatly exceeded MSHA's expectations
over the last two years for coal and silica dust 10% and over the last
three years for noise. To 9% establish more ambitious targets, new 8%
baselines will be developed for use in FY 2005. While targeted reductions
for overexposures will remain at five percent, new baselines will incorporate
the substantial reductions in overexposures already achieved. In addition,
MSHA will review sampling procedures to ensure that the samples taken
by inspectors are commensurate with ongoing 1% mining activity where
miners are normally at 0% highest risk of overexposure.
Management Issues
MSHA safety and health compliance specialists conduct
dust and noise samples following well established procedures. A quality
control process and edit checks assure the accuracy and reliability of
performance data. Going forward, high costs and limited supplies of oil
and natural gas into the foreseeable future will result in a higher demand
for coal mining. Higher coal prices and increased profit margins will
push operators to begin new, expand, or resume mining operations and lead
to competitive pressures to increase production while containing costs,
including those costs associated with mine safety. Mining also faces an
aging workforce, and an inadequate supply of skilled workers (including
an influx of immigrant workers) who are at higher risk of having accidents
that cause injury.
During FY 2004, the General Accounting Office issued its report MSHA
Devotes Substantial Effort to Ensuring the Safety and Health of Coal Miners,
but Its Programs Could Be Strengthened (Study 12 in Appendix
2), which
comprised a programmatic review of certain MSHA operations and recommendations
to improve program performance.
Reduce occupational fatalities
Indicator
Reduce the rate of workplace fatalities by 3% from the baseline
of 1.6220.
Program Perspective
OSHA's mission is to assure the safety and health
of America's workers by setting and enforcing standards; providing comprehensive
compliance assistance, training, outreach, and education; establishing
and maintaining partnerships and alliances; providing consultation services
and encouraging continual improvement in workplace safety and health.
OSHA and its State partners have approximately 2,100 inspectors, as well
as complaint discrimination investigators, engineers, physicians, educators,
standards writers, and other technical and support personnel throughout
the country.
Nearly every working man and woman in the nation comes under OSHA jurisdiction
(with some exceptions such as miners, transportation workers, many public
employees, and the self-employed). OSHA set a challenging goal to reduce
workplace fatality rates by 15 percent by 2008. OSHA selected this goal
because it exceeds the previous five year fatality rate reduction, but
is attainable. OSHA helps reduce on-the-job deaths by intervening at the
workplaces where it has evidence that fatalities are most likely to occur
and by responding to reports about potentially life-threatening workplace
hazards. OSHA uses fatality data from its Integrated Management Information
System (IMIS) to track fatalities on a monthly basis, looking for emerging
fatality patterns (such as trenching cave-ins) and taking corrective actions.
Results, Analysis and Future Plans
The goal was not achieved. Based on
the most recent data, DOL estimates a 3.1 percent increase in the workplace
fatality rate to 1.67
from the baseline of 1.62 (per 100,000 workers).21 This amounts to an
increase of one fatality for every two million workers. The tables below
show annual deaths, employment, and fatality rates for the construction
industry and for all industries for the baseline years and for the current
reporting period, and illustrate use of a three-year moving average of
fatality rates to smooth year-to-year fluctuations.
|
|
|
Construction Fatality Rate
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1.67 |
20For this goal the baseline is the average fatality rate for July 2000 – June
2002 and the result is the average fatality rate for July 2002 – June
2004.
21Performance results for this goal are estimated. The estimating
methodology has been reviewed by the Department of Labor's Office of
Inspector General. The actual performance results for this goal will be
published in the FY 2006 Budget.
Analysis of the IMIS fatality data suggests that the increase in the
fatality rate since FY 2000 may reflect OSHA's improvements in managing
fatality data, rather than more dangerous workplaces. In response to OSHA
initiatives, some states have been entering fatality investigation information
into IMIS for an increasing proportion of fatalities they inspect. This
increases the count of fatalities recorded in IMIS, even though the number
of inspected deaths in those states has actually decreased. In other states,
where the proportion of inspected fatalities with entered fatality investigation
forms has remained consistent, the fatality rate actually declined every
year between FY 2000 and FY 2004.
This unsafe trench has the potential to cause broken bones and severe
lacerations from slips, trips, and falls and serious injuries or even
death from being crushed or suffocated in a cave-in. In addition to enforcing
the regulation on trenching, OSHA reaches out to employers to prevent
trenching hazards. OSHA conducts outreach programs to local governments
who contract for much of the trenching work in this country. OSHA is working
to elicit the cooperation of various stakeholders, including the Associated
General Contractors of America, the Building and Construction Trades Department
of the American Federation of Labor-Congress of Industrial Organizations,
the National Utility Contractors Association, and the Associated Builders
and Contractors to develop an industry-wide trenching safety program.
OSHA is also developing training and education materials in English and
Spanish for workers involved in trenching and excavation, including Pocket
Guides, Quick Cards, posters, and a handbook.
|
|
Photo credit: OSHA |
OSHA is implementing aggressive strategies aimed at preventing future
fatalities and achieving the goal of a 15% reduction by 2008. The construction
fatality rate is more than five times the total fatality rate. OSHA is
addressing the growth in the construction field of immigrant and non-English
speaking workers; and hard-to-reach workers. Emerging issues include fall
hazards from wireless communications and HDTV tower construction, noise
in construction, and the expanding population of mobile workers. To achieve
the targeted reductions in fatalities, OSHA will adopt a dynamic approach
to identifying and targeting sectors and hazards that require interventions.
For example, OSHA's Construction Directorate analyzed fatalities involving
cranes, falls from roofs and trenching. The Construction Directorate plans
to share their findings with the construction industry to assist construction
managers and others in identifying and abating potentially fatal situations.
The Agency is also identifying more effective ways of reaching those construction
sites that are likely to have the most hazardous conditions. OSHA will
take this information to circulate a new construction safety standard
for construction cranes and derricks.
OSHA plans to develop Local Emphasis Programs that focus on hazards and
industries in specific geographic locations. These programs will focus
on hazards such as falls and industries such as tower erection and oil
and gas well drilling. OSHA will continue to implement the Enhanced Enforcement
Program, which focuses on those employers who have demonstrated a significant
disregard for their legal obligation to maintain safe workplaces. This
program includes follow-up inspections, targeted inspections, increased
corporate awareness of OSHA enforcement, enhanced settlement provisions,
and Federal court enforcement under section 11(b) of the Occupational
Safety and Health Act.
Management Issues
OSHA estimates achievement for this goal using data
from July of the previous fiscal year to June of the current fiscal year.
The Agency relies on its IMIS fatality data rather than the data from
the Bureau of Labor Statistics (BLS) because of the one-year lag in BLS
Census of Fatal Occupational Injuries data. However, the trends shown in
the BLS data resemble those of the IMIS data. OSHA is exploring changing
the denominator (BLS Current Employment Survey) used to calculate the
fatality rate to be more representative of the actual population that
it regulates. OSHA IMIS data undergo quality control and edit checking.
External risks to accomplishment of this goal include natural disasters
(e.g., hurricanes and snow storms) and non-work related deaths that occur
on the job. Internal risks to the attainment of this goal include OSHA's
ability to obtain and use current injury and illness data to plan strategies
and intervene effectively.
In response to a March 2004 GAO report, OSHA's Voluntary
Compliance Strategies Show Promising Results, but Should be Evaluated
before they are Expanded (Study 13 in Appendix
2), which recommended that OSHA identify
cost-effective methods of assessing the effectiveness of its voluntary
compliance programs, OSHA is planning to analyze injury and illness data
from its VPP sites for the application processing period.
During FY 2004, GAO also issued reports recommending that OSHA ensure
that its area offices follow prescribed policies for complaint handling,
civil penalty determination and violation abatement (See Studies 14 and
15 in Appendix 2). OSHA is taking action to ensure that its area offices
comply with such policies.
OSHA was redesigning its IMIS, but suspended further work and contracted
for an independent assessment of the redesign activities pursuant to recommendations
regarding the IMIS redesign efforts in a September 2004 DOL Office of
Inspector General (OIG) audit report, OSHA's Future
System Development Efforts Require Greater Use of Best Practices (Study 7 in Appendix
2).
The Administration conducted a Program Assessment Rating Tool (PART)
review of OSHA for the FY 2004 President's Budget. OSHA received
a rating of Adequate. Through the OSHA Executive Board, the agency is
outlining its annual activity plans, including program evaluation, to
address the PART recommendation that OSHA develop a plan to evaluate the
results and cost-effectiveness of regulatory and non-regulatory programs.
Reduce occupational injuries and illnesses
Indicator
FY 2004: Reduce the days away from work case rate per 100 workers
by 4% from CY 2000 baseline.
FY 2003: Reduce the days away from work case
rate per 100 workers by 2% from CY 2000 baseline.
FY 2002: Reduce injuries
and illnesses by 10 % annually in four industries characterized by high
hazard workplaces.
Program Perspective
OSHA is committed to working with employers and employees
to reduce the days away from work case rate by 20 percent by FY 2008.
OSHA selected this target because it exceeded the previous five year injury
and illness rate reductions, yet top managers determined that it would
be attainable if the Agency successfully implemented its goal achievement
strategies. Strategies for achieving these goals include a balanced use
of strong, fair and effective enforcement, outreach, education and compliance
assistance, free and confidential consultation services in all states
and partnerships and cooperative programs. OSHA managers track Federal
inspection activity, number of consultation visits, new participants in
Federal Recognition Programs, and new participants in Strategic Partnerships
and Alliances.
OSHA's Construction Safety
and Health Outreach Program provides online compliance assistance
summaries of various OSHA Construction standards, including Welding
and Cutting. This outreach document is available on the web (http://www.osha.gov/doc/outreach
training/outreachtraining.html)
and it explains the provisions of the OSHA Welding and Cutting standards
in easy to understand language.
|
|
Photo credit: OSHA |
Results, Analysis and Future Plans
This section includes reporting for
2002, 2003 and 2004 injury and illness performance data. OSHA is reporting
on 2002 data that were not previously available. Also, in this section,
OSHA provides estimates for 2003 and 2004 performance that were necessitated
because of the new annual reporting schedule.22
FY 2003-2004
The indicator for both years was percent change in the days
away from work case rate per 100 workers. Targets were a two percent decline
from the CY 2000 baseline in FY 2003 and four percent in FY 2004.
FY 2004 Results: The goal was achieved. The days away from work case
rate declined 11.1 percent from the baseline, compared to the four percent
target. OSHA estimated this goal by comparing data from CY 2002, which
BLS published in December 2003, with a CY 2000 baseline.
FY 2003 Results: The goal was achieved. The days away from work case
rate declined 5.6 percent from the baseline. OSHA estimated this goal
by comparing data from CY 2001, which BLS published in December 2002,
with a CY 2000 baseline.
22The estimating methodology has been reviewed
by the Department of Labor's Office of Inspector General. The actual performance
results for this goal will be published in the FY 2006 Budget. 2.0
FY 2002
Indicator: Reduce injuries and illnesses per 100 Days away from work per
100 workers in four industries (shipyards, meat products, nursing
homes, and construction) characterized by high hazard workplaces.
Target: Ten percent decline from previous year.
Results: The goal was not achieved. The
chart below indicates that the nursing homes and shipyards industries
experienced increases in their rates of injuries and illnesses of four
percent and eight percent, respectively. The meat products and construction
industries decreased their rates of injuries and illnesses by seven percent
and five percent, respectively. This goal was not previously reported
because of the lag time in Bureau of Labor Statistics data availability.
This goal was a true "stretch" goal with a higher target (ten percent
reduction in one year) than had ever been attempted previously. The
rates are estimates because CY 2002 data are not comparable to previous
years, due to changes in recordkeeping requirements that were not anticipated
when this goal was developed in 1997.
OSHA Compliance Assistance Specialists (CASs), such as the one pictured
below, respond to requests for help from a variety of groups, including
small businesses, trade associations, union locals, and community and
faith-based groups. CASs provide information about OSHA standards and
compliance assistance resources. They work with employers and workers
in OSHA Strategic Partnerships. The partners identify safety and health
problems to address, agree upon responsibilities, identify strategies,
and set goals and performance measures to verify results. OSHA also works
with employers and workers to develop Alliances, where OSHA and the participating
organizations define, implement and meet a set of goals. Additionally,
CASs speak at seminars, workshops, and other safety events. Each OSHA
Area Office in states under Federal jurisdiction is staffed with CASs.
|
|
Photo credit: OSHA |
Contributing to success to date are OSHA's cooperative programs, such
as the Voluntary Protection Programs (VPP). For example, recently the
International Paper Company compared 50 of its VPP sites with 124 of its
sites that were not in the VPP. International Paper's VPP sites had a
two-year lost workday incident rate that was 48 percent lower than the
non-VPP sites and workers' compensation costs that were 58 percent lower
than the non-VPP site. International Paper estimated that if their non-VPP
sites had performed as well as their VPP sites for the two years studied,
they would have saved over $16 million in workers' compensation costs.
Through 2008, OSHA will focus these efforts on decreasing the days away
from work (case rate per 100 workers).
Management Issues
The BLS data used for performance reporting on this goal
provide the most comprehensive and reliable information currently available
on national levels of injuries and illnesses. However, because there is
a one-year lag in the availability of BLS injury and illness data, resulting
in a two-year lag in reporting for this performance report, OSHA is seeking
to expand the OSHA Data Initiative to collect data from Federal jurisdiction
establishments in industries identified in the OSHA Strategic Management
Plan. This would allow OSHA to calculate injury and illness rates for
certain industries for the previous year for the GPRA report.
A study completed in July 2004, Evaluation of OSHA's
Impact on Workplace Injuries and Illnesses in Manufacturing Using Establishment-Specific
Targeting of Interventions (Study 23 in Appendix
2), showed that its targeted
inspections in manufacturing produced an estimated three-year reduction
in the number of Lost Workday Injury and Illness (LWDII) cases of between
12.0 and 13.8 percent. This reduction is in addition to the industry-wide
declines in injury and illness rates, since the analysis controlled for
these. A comparison between previous industry-level targeting and establishment-specific
targeting shows that establishment-specific targeting is more effective.
OSHA is seeking to build on this evaluation to find out more about optimal
combinations of interventions to maximize reductions in injuries and illnesses.
In May 2004, OSHA completed Lookback Evaluation
of OSHA's Standard for Presence Sensing Device Initiation (PSDI) of
Mechanical Power Presses (Study 24 in Appendix
2). The review addressed the continued need for
the standard, including whether less burdensome alternatives had been
developed, the economic effects of the standard on the regulated community,
and the benefits of the standard, including the impact on improved employee
safety and health. OSHA concluded that if the benefits OSHA sought in
the PSDI standard are to be gained (i.e., improved worker safety and employer
productivity), the standard needs to be changed. OSHA has decided to update
its Mechanical Power Presses Standard to the most current version of the
industry consensus standard or something similar.
Several other studies performed by the U.S. Government Accountability
Office and DOL's Office of Inspector General, as well as the Administration's
Program Assessment Rating Tool (PART) review of OSHA, are briefly summarized
in this section of the narrative for Performance Goal 3.1C.
DOL is committed to fostering workplaces that guarantee equal opportunities
and fairness to working Americans. Outcome Goal 3.2 addresses the issue
of ensuring equal opportunity exists within the American workplace.
DOL pursues this commitment through three performance goals addressing
the needs of workers and promoting equality in the workplace. The Employment
Standard Administration's (ESA's) Office of Federal Contract Compliance
Programs (OFCCP) administers and enforces three equal employment opportunity
laws prohibiting Federal contractors from discriminating on the basis
of race, color, religion, gender, national origin, disability, and protected
veterans' status. By increasing equal opportunity compliance in companies
doing business with the Federal government, OFCCP functions to protect
the employment rights of thousands of able American workers who might
otherwise be unfairly excluded from the workplace.
DOL also works to facilitate the transition of persons with disabilities
to the workplace. Although many persons with disabilities want to work,
they have often been under-represented in the workforce due to attitudinal,
physical, and institutional barriers that prevent them from full participation.
The Office of the Assistant Secretary and Management (OASAM) administers
Workforce Investment Act (WIA) provisions requiring States to establish
policies, procedures, and systems reasonably guaranteeing equal opportunity
for all in the workplace.
DOL's Veterans' Employment and Training Service (VETS) protects
the employment and reemployment rights of persons who are current or past
members of the uniformed services, and who encounter barriers in civilian
employment related to their service. The legislative authority for these
rights and their corresponding protections is established by the Uniformed
Services Employment and Reemployment Rights Act (USERRA). VETS investigates
complaints filed by veterans who believe their rights have been violated.
Recently, all three DOL programs have undertaken efforts to provide compliance
assistance to employers about policies and regulations governing equal
opportunity workplaces. These activities serve to inform employers about
equal opportunity workplace regulations and to promote their awareness
of willing and available individuals who can become valued employees.
The table below capsulizes performance goals and achievements supporting
this outcome goal, and agencies responsible.
Goal (Agency) Period
Goal Statement [Achievement] |
Performance Summary |
3.2A (ESA) FY 2004
Federal contractors achieve equal opportunity workplaces.
[Achieved] |
Both targets were reached. Incidence of discrimination among evaluated contractors
was one percent well below target. Compliance with all other
equal opportunity workplace standards increased to 91 percent, 30
percentage points above the target. |
3.2B (OASAM) FY 2004
States that receive financial assistance under the Workforce Investment
Act provide benefits and services to persons with disabilities in a
non-discriminatory manner.
[Achieved] |
All three targets were reached. Most States and their local areas have established
policies and procedures to provide universal access to their customer
population and programmatic access to customers with disabilities. |
3.2C (VETS) FY 2004
Reduce employer-employee employment issues originating from service
members' military obligations conflicting with their civilian employment.
[Achieved] |
The target was reached. Four key problem areas with the greatest potential for
reduction of complaints were identified. |
Net Cost of Programs
FY 2004 program costs of $112 million supported
programs to assure that Federal tax dollars are not used to discriminate
in the workplace or in the availability of program services. These program
costs represent a slight $6 million decline from FY 2003 costs of $118
million.
Text only
A representative from a global human resources outsourcing and consulting
firm welcomed participants at Flex-Options: Making
Them Work for You,
an event in Chicago, Illinois co-sponsored by her firm and DOL's
Women's Bureau. The panel featured nationally recognized experts
from the workplace flexibility field and Women's Bureau Director
Shinae Chun and Region V Administrator, Nancy Chen. The Flex-Options project
connects women business owners with corporate executives who provide mentoring
on how to develop flexible workplace policies. These panels provide an
educational forum for networking among women business owners who have
expressed interest in developing such policies for their companies. A
minimum of 80 women business owners will develop flexible workplace policies
by the end of the project.
|
|
Photo credit: Women's Bureau staff |
Results Summary
DOL achieved all three of the three performance goals
subsumed under Outcome Goal 3.2. In FY 2004, OFCCP completed 6,544 compliance
evaluations, focusing on identifying and resolving systemic discrimination
violations. This emphasis on compliance encourages Federal contractors
to examine their own employment practices.
All WIA State recipients evaluated their largest local workforce investment
areas. State and Job Corps Center FY 2003 data show that 1,211 discrimination
complaints were filed against the workforce system; of these, 11% were
filed on the basis of disability relative to wrongful termination and
failure to provide reasonable accommodations.
VETS successfully identified a baseline of key problem areas so that
future achievement of Performance Goal 3.2C can be properly assessed.
The baseline covers four problem areas that are likely to be the focus
of future reduction of complaints: (1) provision of refresher/upgrade
training required to qualify for reemployment; (2) prompt reinstatement;
(3) seniority; and (4) pension. These will serve as the focus of future
measurement of VETS program goals.
Future Challenges
OFCCP has introduced a new contractor selection system
based upon a recent program evaluation study of the effectiveness of its
civil rights enforcement. OFCCP will gather performance results from completed
FY 2005 compliance evaluations23 and use these and forthcoming evaluation
results to improve its selection and investigation techniques in identifying
non-compliant contractors.
In FY 2005, OASAM's Civil Rights Center will conduct several activities
to enhance equal opportunity in the workplace, including expanding the
directory of Equal Opportunity (EO) Officers to include local workforce
investment area EO Officers; developing training modules on complaint
processing and EO statistical monitoring; and providing on-line EO courses
for EO Officers and frontline workers.
VETS's compliance assistance activities will emphasize areas that
may reduce the number and severity of USERRA complaints. In September
2004, VETS published a Notice of Proposed Rulemaking (NPRM) under the
authority of the USERRA statute. Stakeholders were offered an opportunity
to comment on the proposed regulations prior to publication of a Final
Rule that clarifies specific protections, VETS's role in the process,
and procedures to be followed to implement the protections of the Act.
The regulations that result from this proposed rule will, for the first
time, provide clear and consistent authoritative guidance to America's
employers on USERRA.
23Data collected from completed compliance evaluations that were scheduled
beginning in July 2004.
Federal contractors achieve equal opportunity workplaces
Indicators
Reduce the incidence of discrimination among Federal contractors
to 9%; and
Increase compliance among Federal contractors in all other respects of
equal opportunity workplace standards to 61%.
Secretary Chao uses the Secretary of Labor's Opportunity Award,
the Exemplary Voluntary Efforts Awards (EVE), and the Exemplary Public
Interest Contributions Awards Program to partner with Federal contractors
in identifying programs of particular merit for achieving equal opportunity
workplaces, thereby encouraging other employers to follow suit. The Opportunity
Award was given in 2004 to the SCANA Corporation of Columbia, SC, for
its consolidated employment system that fosters fair selection and hiring
based on six business-related competencies. The EVE Award winners for
2004 included The Aerospace Corporation of El Segundo, CA, whose Aerospace
Institute helps all employees maintain high competencies in technical
and professional skills through computer based curricula. Another EVE
Award winner, Dell Computer Corporation of Austin, TX, was honored for
its investment in training designed to foster an inclusive environment.
LG&E Energy Corporation of Louisville, KY created a Corporate Diversity
Council to develop, implement and monitor employment opportunity initiatives.
The Tice Electric Company of Portland, OR, another EVE Award winner, provides
exemplary support for all employees through pre-apprenticeship education,
training, and networking for those who seek employment in the electrical
trades.
|
|
Photo credit: Shawn T. Moore
Management Issues |
Results, Analysis and Future Plans
The goal was achieved. The incidence
of discrimination found among evaluated contractors was one percentage
point, or eight percent, below the FY 2004 goal of nine percent. Evaluated
contractors' compliance with all other equal opportunity workplace standards
increased to 91 percent, 30 percentage points above the FY 2004 goal of
61 percent.
Program Perspective
ESA's Office of Federal Contract Compliance Programs
(OFCCP) administers and enforces three equal employment opportunity laws
which prohibit Federal contractors from discriminating on the basis of
race, color, religion, gender, national origin, disability, and protected
veterans' status. Executive Order 11246, as amended; Section 503 of the
Rehabilitation Act of 1973, as amended; and 38 U.S.C. 4212 of the Vietnam
Era Veterans' Readjustment Assistance Act of 1974, as amended also require
Federal contractors to take steps to ensure equal employment opportunities.
Based on the principle that employment opportunities generated by Federal
dollars should be equally available to all Americans, these requirements
are an integral part of nearly all Federal contracts and the Federal procurement
process. By increasing equal opportunity compliance in companies doing
business with the Federal government, OFCCP will protect the employment
rights of thousands of able American workers who might otherwise be unfairly
excluded from the workplace.
OFCCP typically evaluates between four to six percent of the Federal
contractor universe each year and focuses its enforcement activities on
finding and resolving systemic discrimination. OFCCP adopts this strategy
to: (1) prioritize enforcement resources for the worst offenders; (2)
encourage employers to self-audit their employment practices; and (3)
achieve maximum leverage of resources. OFCCP completed 6,544 compliance
evaluations that focused on identifying and resolving systemic discrimination
violations. While OFCCP is responsible for enforcing nondiscrimination
and equal opportunity requirements, protection of civil rights and assurances
of quality workplaces is not solely dependent on finding violations. OFCCP's
compliance emphasis and the assistance it provides encourages contractors
to examine their own employment practices. More Federal contractors are
complying with the nondiscrimination laws, and the reduced regulatory
burden on contractors has paid dividends.
OFCCP has introduced a new contractor selection system incorporating
recommendations from a 2003 study on the effectiveness of its civil rights
enforcement. OFCCP will gather performance results from completed FY 2005
compliance evaluations24 and use these results to evaluate the impact
of those recommendations. OFCCP will also improve its selection and investigation
techniques in identifying non-compliant contractors based upon an evaluation
of the effectiveness of the Equal Opportunity Survey in identifying Federal
contractors who may have discriminatory practices.
24Data collected from completed compliance evaluations that were scheduled
beginning in July 2004.
The Department continually seeks to simplify regulations and to reduce
the regulatory burden on Federal contractors. The Abt Associates, Inc.
study will evaluate the effectiveness of the Equal Opportunity Survey
as an instrument for identifying contractors engaged in systemic discrimination.
Research results will be used to develop and validate a model to identify
workplaces where systemic discrimination persists while at the same time
meet the Department's goal of reducing regulatory burden.
Statutory changes stemming from the recent Jobs for Veterans Act affect
OFCCP regulations. Prior to this legislation, employers with a Federal
contract or subcontract of at least $25,000 were required to take affirmative
action to hire and promote qualified, covered veterans. Because this legislation
increased the threshold to $100,000, it reduced the Federal contractor
universe for veteran coverage. OFCCP will promulgate regulations to implement
the change in this threshold.
The Program Assessment Rating Tool review of OFCCP for the FY 2004 budget
indicated the agency could not measure the impact of its civil rights
enforcement on the reduction of employment discrimination. As a result,
DOL asked Westat to evaluate and measure OFCCP's effectiveness in
identifying Federal contractors' discriminatory practices. Westat
found that OFCCP's concentration on targeting larger employers and
those more likely to discriminate was helpful in enforcing equal employment
statutes. Study recommendations outlined techniques that could improve
employer targeting even more significantly and OFCCP is incorporating
these techniques within its current enforcement strategy. For more information,
see Study 19 in Appendix 2.
DOL has also secured technical support, beginning in FY 2004, for a feasibility
study and design of a secure web-based construction contractor information
system using Federal Procurement Data System Next Generation data.
This reporting system will allow the agency to better identify, collect
and report on construction contract awards to both prime contractors and
subcontractors. This information system will also allow OFCCP to implement
OIG recommendations that it design a better system for selecting and scheduling
federal construction contractors for compliance evaluations.
States that receive financial assistance under the Workforce Investment
Act provide benefits and services to persons with disabilities in a non-discriminatory
manner.
Indicators
Desk reviews conducted of a representative sample of States
using the WIA Section 188 Disability Checklist;
Initiate technical assistance reviews of the One-Stop Career systems
in the cities of Los Angeles, CA and Houston, TX; and
The nature and number of discrimination complaints filed nationwide under
Title I of the WIA, Wagner-Peyser Act funded programs, the Unemployment
Insurance program, and against DOL-operated Job Corps Centers based on
a longitudinal study spanning FY 2002 through FY 2005.
Program Perspective
Historically, people with disabilities have faced
attitudinal, physical, and institutional barriers that prevent them from
full participation in the mainstream of life, particularly employment.
Persons with disabilities are one of the most under represented groups
in the U.S. workforce. A substantial number of disabled persons want to
work and can greatly benefit from the workforce system in making the transition
from government transfer payment programs to the world of work. Over the
last quarter of a century, Congress has enacted laws designed to break
down barriers to employing persons with disabilities. Under WIA each Governor
is required to establish a Methods of Administration, which is the foundation
of policies, procedures, and systems that provide a reasonable guarantee
of equality of opportunity in the workforce for all, including persons
with disabilities.
Results, Analysis and Future Plans
The goal was achieved. All WIA State-level
recipients were required to conduct self-evaluation reviews of their largest
local workforce investment area, which exceeded the target of conducting
only a sampling. The results of these self-evaluation reviews indicate
that most States and their local areas have put in place policies and
procedures that provide universal access to their customer population
and programmatic access to customers with disabilities. This finding is
buttressed by the finding from the full technical assistance review of
New York and Florida and their largest local workforce areas, New York
City and Miami, respectively.
We also initiated disability technical assistance reviews of California
and Texas and their largest local areas, Los Angeles and Houston, respectively.
DOL provided compliance assistance training on the Federal disability
requirements to key State and local staff and front line workers representing
every One-Stop Center in these localities.
States and Job Corps centers complaint log data show that 1,211 discrimination
complaints were filed against the workforce system. Of the total number
of discrimination complaints filed, 137 or 11 percent were filed on the
basis of disability. The dominant issues in these complaints were wrongful
termination and failure to provide reasonable accommodations.
In FY 2005 DOL will (1) establish a repository of promising practices
on the Civil Rights Center's public website, (2) expand the directory
of Equal Opportunity (EO) Officers to include local workforce investment
area EO Officers in order to facilitate communication and information
sharing, (3) develop training modules on complaint processing and EO statistical
monitoring, and (4) develop on-line EO courses.
Management Issues
The General Accountability Office (GAO) announced and
initiated a study of disability compliance in the workforce system during
FY 2004. In many ways, the GAO study is mirroring the Civil Rights Center
technical assistance reviews of the One-Stop Career systems. GAO's study
will conclude with a series of recommendations, and the final report is
expected during FY 2005.
Michael, a Reservist in the United States Army, was deployed in support
of Operation Iraqi Freedom from February 16, 2003 to November 11, 2003.
While deployed, Michael became eligible for a career ladder promotion.
Upon his return to work, Michael inquired about his promotion. His supervisor
informed him that he would have to wait because he was gone for most of
the evaluation period. Michael filed a complaint with VETS in February
2004. VETS contacted the employer, outlining the complaint and explaining
Michael's rights under USERRA concerning promotions while absent.
The employer wrote back still insisting that they had not had sufficient
time to evaluate Michael. DVET explained to the employer that they could
evaluate him for a short period of time and promote him retroactively.
Finally, the employer realized how Michael's career could be affected
by the delayed promotion. On March 29, 2004 the employer agreed to promote
Michael retroactively and remit $4,589.60 in back pay.
|
|
Photo credit: Stan Williams |
Reduce employer-employee employment issues originating from service members' military
obligations conflicting with their civilian employment.
Indicator
Establish baseline of key problem areas for reduction in USERRA
cases filed by veterans or service members
Program Perspective
VETS protects the employment and reemployment rights
of persons who are current or past members of the uniformed services,
and who encounter barriers in civilian employment related to their service.
Legislative authority for protection of these rights is established by
the Uniformed Services Employment and Reemployment Rights Act (USERRA).
VETS investigates individuals' complaints alleging their rights
have been violated and provides compliance assistance to employers and
to protected individuals. Most violations by employers arise from a lack
of awareness of the rights and protections established by USSERRA. Similarly,
most claims that are found to be without merit result from a lack of awareness
on the part of the claimants regarding the specific dimensions of the
rights and protections established by USERRA. VETS seeks to reduce both
employer violations and the filing of meritless complaints by protected
individuals.
Results, Analysis and Future Plans
This goal was achieved. Using DOD's
annual survey of the actual experiences of members of Military Reserve
and National Guard units, VETS' established a baseline of issues that
will help focus activities on improving employer compliance and reducing
USERRA complaints.
The first table below summarizes VETS' baseline analysis. Although
the 2004 percentages are consistently higher than the corresponding percentages
for 2003, this difference needs to be viewed with considerable caution:
1) This question was a "stand-alone" item in the 2003 survey
but in the 2004 survey it was the 11th item in a series of 20, all dealing
with USERRA. Therefore, the higher percentages may reflect a difference
in how those participating in the 2004 survey responded after being "warmed" to
the topic by a series of prior questions, as opposed to how those participating
in the 2003 survey responded "cold" to a single question.
2) Percentages are small, so the statistical error of these estimates
is high relative to their values. Averaging the results of the two surveys
offers a conservative estimate of the overall frequency of these issues,
as shown in the last column. The second table groups actual complaints
by survey categories in the first table.
Results from the 2003 and 2004 DMDC Surveys25
Categories of USERRA-Related Problems Experienced by Survey Respondents |
Percent
"YES"
2003 |
Percent
"YES"
2004 |
Average |
Reemployment Issues:
Prompt Reemployment: (Failed to receive prompt reemployment
upon return from military service)
Skill Upgrade and Refresher
Opportunities: (Reasonable efforts not made to refresh or
upgrade skills to enable you to qualify for reemployment)
|
4
6
|
6
10
|
5
8
|
Seniority Issues: (Loss of seniority, seniority-related pay, or seniority-related
benefits) |
7 |
12 |
9.5 |
Health Benefits Issues:
|
6
4
|
8
7
|
7
5.5
|
Pensions: (Military service considered a break in employment for pension
benefit purposes) |
10 |
12 |
11 |
Type of Service: (Employer differentiated between voluntary and involuntary
service) |
10 |
12 |
11 |
Prompt reemployment and skill upgrade are key problem areas. Prompt reemployment
has long been a priority for USERRA compliance assistance and continuing
emphasis upon that issue is likely. However, the percentage of respondents
identifying upgrade/refresher training as an issue is higher. Therefore,
the provision of skill upgrade/refresher training may be a "sleeper" issue
that underlies a number of USERRA reinstatement complaints and is not
fully appreciated by VETS or employers.
USERRA Complaints in FY 2003, Grouped by Corresponding Survey Categories
Primary Issue Codes Associated with USERRA Complaints in FY 2003 |
Percent of Issue Codes Associated with Complaints |
Reinstatement |
19% |
Seniority, Status, Promotion, Pay Rate, Vacation |
20% |
Pension |
4% |
Military Obligations Discrimination, Discrimination as Retaliation for any Action,
Initial Hiring Discrimination, Layoff |
40% |
Miscellaneous |
17% |
Management Issues
In late FY 2004, VETS published a Notice of Proposed
Rulemaking (NPRM) under the authority of the USERRA statute. Because the
program previously operated without the benefit of regulations, it is
expected that a broad spectrum of stakeholders will take the opportunity
to comment on the proposed regulations. Among these are likely to be employer
associations, labor unions and other employee associations, veteran service
organizations, and the Employer Support of the Guard and Reserve, which
has a role in providing assistance under USERRA. Publishing the NPRM,
responding to comments, and publishing a Final Rule will help to clarify
issues regarding specific protections, issues regarding VETS's role with
respect to interested individuals and organizations, and the procedures
to implement the protections of the Act.
25Defense Manpower Data Center (DMDC) 2003 & 2004 surveys' common
question: "In the past 24 months, have you experienced any of the
following problems despite your protection under USERRA?"
The continuing evolution of today's global environment has an ever-increasing
impact on the 21st century American workforce. The well-being of American
workers is increasingly tied to international stability. As our country
faces unprecedented international security challenges, the need for broad-based
economic prosperity, both domestically and abroad, has become increasingly
apparent. Through its complementary missions of supporting the expansion
of free and fair trade and providing technical assistance grants to eliminate
exploitive child labor and promote basic rights of workers around the
world, the Department's Bureau of International Labor Affairs (ILAB)
strives to secure increased economic well-being both in the United States
and abroad. ILAB also continues to provide policy guidance on other labor-related
issues.
ILAB-supported international technical assistance programs are unique
in that they focus on raising living standards around the world through
labor and workplace-related interventions. In FY 2004, DOL's international
technical assistance programs focused on supporting the Administration's
foreign policy initiatives to combat the trafficking and commercial sexual
exploitation of children; reduce the impact of HIV/AIDS on children and
workers; promote educational initiatives in the Middle East; and fulfill
the Department's role in negotiating international trade agreements.
ILAB's FY 2004 performance goals seek to improve workplaces, strengthen
training and skills of workers in developing and transition countries,
and promote core labor standards. As the Administration has worked to
implement free and open global markets and develop regional and bilateral
trade agreements, it has sought to work with its trading partners to improve
labor policies and conditions.
Listed in the first column of the table below are the performance goal
numbers associated with this outcome goal, the periods being reported
on, the goal statements, and indication whether or not they were achieved.
The second column provides a summary of targets reached, substantially
reached and not reached for the indicators associated with each performance
goal, followed by a note of the most significant result(s) for this past
year.
Goal (Agency) Period
Goal Statement [Achievement]
|
Performance Summary |
3.3A (ILAB) FY 2004
Contribute to the elimination of the worst forms of child labor internationally.
[Achieved]
|
ILAB reached all four of its targets, which included the prevention
or withdrawal of more than 90,000 children from exploitive child
labor, and increasing the capacity of 26 countries to
address child labor. |
3.3B (ILAB) FY 2004
Improve living standards and conditions of
work internationally. [Achieved]
|
ILAB reached all five of its targets, which include the collection of analytic
data that will help ILAB measure the impact of its programs on improving
living standards and conditions of work internationally. ILAB also
began HIV/AIDS workplace education projects in eight countries. |
A three-year USDOL-funded project in Mali and Ivory Coast is combating
child labor in cocoa production. The Child Labor Alternatives through
Sustainable Systems in Education (CLASSE) project promotes training and
educational alternatives for children. The project provides alternative
curricula and training for teachers, vocational education with an emphasis
on agriculture, and youth mentoring. Activities include public awareness
campaigns, community focus groups, and interaction with government officials,
worker groups, and faith-based organizations to build support for child
labor prevention. The photograph pictured here features schoolchildren
in a village in Ivory Coast where the CLASSE project is expanding school
access.
|
|
Photo credit: ILAB |
Secondino, age 14 (pictured ) of Constanza
in the Dominican Republic, had worked in the fields 10 hours a day
from the age of 8, his hands as callused as an old man's, his back
aching from bending to cut crops. Secondino began "leveling" classes
at age 11 in first grade, and by summer's end had progressed to
4th grade. His mother says, "Now
he looks healthier, taller, and I have learned he is very smart." Secondino's
younger brother, also in school, is one of Constanza's more than
200 at-risk children protected by the program from entering child labor.
|
|
Photo credit: ILAB |
Net Cost of Programs
FY 2004 program costs of $97 million supported the
Bureau of International Labor Affairs (ILAB's) efforts to reduce the worst
forms of exploitive child labor internationally and to address core international
labor standards issues. These program costs represent a $47 million (almost
100 percent) increase from the FY 2003 costs of $50 million
The difference in costs between FY 2003 and FY 2004 for this outcome
goal is attributable to two factors. First, in FY 2003, ILAB's budget
included money for grants that could be awarded in either FY 2003 or 2004.
Approximately $35 million of this grant money was awarded in FY 2004.
Second, given the late passage of the FY 2003 budget, many of ILAB's
grants were awarded toward the end of FY 2003. The recipients spent little
of these funds prior to FY 2004.
Results Summary
Both performance goals were achieved. For Performance
Goal 3.3A, an estimated 90,200 children were removed or prevented from
exploitive work in FY 2004. The DOL target was 70,000. ILAB achieved this
performance goal through the provision of education or training opportunities
in ongoing programs operated by the International Labor Organization's
International Program on the Elimination of Child Labor (ILO-IPEC) with
oversight and funding by DOL. This year's target was significantly exceeded
due to improved program efficiency and larger projects that enrolled greater
numbers of children. Since ILAB began tracking this indicator in 2001,
USDOL-funded ILO-IPEC projects have removed or prevented approximately
250,000 children from exploitive work and given them meaningful alternatives
to child labor.
Preventing and withdrawing
children from the worst forms of child labor in the long-term also depends
on a country's willingness and capacity to address the issue and sustain
efforts even after projects end. ILAB estimates that 26 countries increased
their capacity to address child labor as a result of ILO-IPEC programs
funded by DOL, exceeding its target of 15. For this measure, capacity
is defined as changes to countries' legal frameworks that reflect international
child labor standards; the adoption or implementation of programs or
policies to combat the worst forms of child labor; mainstreaming of child
labor concerns into relevant development, social, and anti-poverty policies
and programs; or the establishment of a child labor monitoring mechanism.
ILAB's Education Initiative (EI) funds projects to improve access to
basic education in areas where there is a high incidence of child labor.
Both of ILAB's EI performance indicators were reached. At least 16 projects
established targets for retention and completion rates for projects
funded in 2002 and 2003, exceeding ILAB's target of eight. Eight projects
have established baseline rates for enrollment and drop out (school retention)
of participants for projects funded in 2003, exceeding ILAB's
target of seven.
For Performance Goal 3.3B, ILAB reached its target by collecting baseline
data for indicators measuring the impact of DOL programs to improve working
conditions around the world. These programs encourage the establishment
of government regulated pension plans; the adoption of workplace safety
and health programs; improved economic and working conditions; and the
implementation of HIV/AIDS workplace education projects. These data will
help determine challenging but realistic targets in the future. ILAB also
funds HIV/AIDS projects in seven countries that include Burkina Faso,
China, Cameroon, Gabon, Indonesia, Sri Lanka, and Trinidad and Tobago,
exceeding its target of five countries. These projects aim to decrease
employment discrimination against persons affected by HIV/AIDS.
Contribute to the elimination of the worst forms of child labor internationally
Indicators
Number of children prevented or withdrawn from exploitive labor
and provided education or training opportunities by ILO-IPEC programs
funded by DOL in prior fiscal years;
Number of countries with increased capacities to address child labor
as a result of ILO-IPEC programs funded by DOL in prior fiscal years;
Number of Child Labor Education Initiative projects that establish targets
for education retention and completion rates in project areas; and
Number of Child Labor Education Initiative projects that establish a
baseline for rate of enrollment and drop out for targeted children.
Program Perspective
ILAB has worked to reduce exploitive child labor worldwide
since 1993, funding and overseeing projects that combat exploitive child
labor in 69 developing countries. ILAB's activities include research and
reporting on various aspects of international child labor, increasing
public awareness and understanding of the problem, and supporting international
projects to eliminate exploitive child labor and increase access to quality
basic education. Many projects are implemented by ILO-IPEC, a worldwide
technical assistance program to progressively eliminate exploitive child
labor. ILAB's Child Labor Education Initiative (EI), originating
in 2000, provides funds for international projects focusing specifically
on access to and quality of basic education as a means of reducing exploitive
child labor. A wide variety of organizations implement EI projects.
With financial support from USDOL, children in Ghana who were formerly
trafficked for exploitive labor are now receiving an education at the
Kokrobite primary school, located an hour outside Accra. The DOL project,
implemented by the International Labor Organization's International
Program on the Elimination of Child Labor (ILO-IPEC), works with government
and local non-governmental organizations to provide children rescued from
trafficking with the support they need to attend school. The children
were trafficked hours away from their homes to the Volta Lake region to
work in the fishing industry as divers, net casters and assistants to
local fishermen. In addition to Kokrobite, the project provides education
to trafficked children in a number of other villages in Ghana. In total,
the project will assist hundreds of children who have been trafficked
or at risk of being trafficked for exploitive labor. The project in Ghana
is part of a nine-country DOL-funded program in Africa to combat child
trafficking for exploitive employment. During Secretary Chao's trip to
Ghana in December 2003, she visited the Kokrobite school, and met with
children assisted by the project, as well as with teachers, families,
and community members.
|
|
Photo credit: Stan Williams |
ILAB measures the progress of its ILO-IPEC projects on two levels: community-based
direct interventions benefiting individual children and families; and
country-level activities to build capacity and institutional strengthening.
EI indicators focus on start-up activities, such as the establishment
of baselines and the identification of targets for projects funded in
prior fiscal years. For the EI, the indicators will establish baseline
data to permit ILAB to set targets for education retention and completion,
and enrollment and dropout rates achieved as a result of DOL-funded
projects. ILAB establishes its annual targets for its indicators through
close consultations with grantees and analysis of baseline information,
individual project targets, past performance and external factors.
Various external factors influence ILAB's targeted outcomes, such
as the implementing environment of developing countries. ILAB-funded projects
work in countries with diverse political, social, and economic environments.
Civil unrest, natural disasters, economic shocks, frequent changes in
governments and poor infrastructure may impact the timely progress of
project implementation.
Results, Analysis and Future Plans
The goal was achieved. ILAB exceeded
three out of four performance indicators, and reached the fourth. In 2004,
ILAB funded a total of 28 new projects to combat child labor and to increase
access to basic education with a special focus on the worst forms of child
labor. Many of these projects support the Administration's foreign policy
objectives to combat the trafficking and commercial sexual exploitation
of children; to reduce the impact of HIV/AIDS on children; to promote
educational initiatives in the Middle East; and to fulfill DOL's role
in negotiating international trade agreements. In 2004, 90,200 children
were removed or prevented from exploitive work through the provision of
education or training opportunities in ongoing ILO-IPEC programs funded
by DOL, exceeding the target of 70,000 children. Since ILAB began tracking
this indicator in 2001, USDOL-funded ILO-IPEC projects have removed or
prevented approximately 250,000 children from exploitive work and given
them meaningful alternatives to child labor. In addition, thousands of
parents were provided training and assistance to meet the basic needs
of their families and overcome their reliance on child labor.
Preventing and withdrawing
children from the worst forms of child labor in the long-term depends
on a country's willingness and ability to address the issue and sustain
efforts even after projects end. In FY 2004, DOL-funded ILO-IPEC programs
increased the capacity of 26 countries to address child labor, exceeding
its target of 15. This indicator measures capacity through a standard
set of criteria, including: 1) adaptation of a country's legal framework
to reflect international child labor standards; 2) formulation of national,
sectoral or geographical programs or policies to combat the worst forms
of child labor; 3) mainstreaming child labor concerns into relevant
development, social, and anti-poverty policies and programs; or 4) establishment
of a child labor monitoring mechanism. For example, through DOL funding
of the El Salvador Timebound Program, the government reformed the Penal
Code to provide judicial authority to investigate and prosecute offenders
involved in the commercial sexual exploitation of children.
All projects funded under the EI work to identify targets for rates of
retention and completion. At least 16 projects established targets for
retention and completion rates for projects funded in 2002 and 2003, exceeding
ILAB's target of eight. In addition, eight projects have established
baseline rates for enrollment and drop out (school retention) of participants
for projects funded in 2003, exceeding ILAB's target of seven. Education
targets and rates for both indicators were set relative to results from
baseline data collection and historical experience in project implementing
areas.
In the future, ILAB will obtain data relating to program performance,
implementation plans, and results. ILAB is also working to improve the
efficiency of its technical assistance programs.
Management Issues
ILAB continues to enhance its program oversight and
management responsibilities by regularly collecting timely project performance
information. ILAB receives primary data from its grantees. ILAB staff
review and verify the accuracy of the data. Project monitoring systems
provide data at the project and country levels. ILAB continues to work
with grantees to improve the effectiveness and quality of data collection.
ILAB funds project-specific mid-term and final evaluations for each project.
The agency uses the evaluation reports to take corrective actions, when
necessary, and to inform approaches and management of ongoing and new
projects. Now that the program has been underway for a significant amount
of time and a number of projects are being completed, ILAB plans to commission
a program-wide independent evaluation in FY 2005.
Delays in the appropriations process continue to be ILAB's primary
management challenge. These delays significantly reduce ILAB's timeframe
for obligating funds, conducting initial needs assessments, performing
government and interagency consultations, conducting competitive procurements,
and reviewing and approving grantee proposals. Furthermore one-year obligation
authority limits time available for the EI to design complex international
projects. To address these challenges, ILAB is streamlining its procedures
for obligating funds and supporting fewer, larger projects.
In addition, a shorter time-frame for obligating funds may put smaller
organizations at a disadvantage in applying for grants. Groups that may
be capable of implementing projects may not possess the infrastructure
required to prepare grant applications in short time frames. It remains
a challenge for ILAB to obligate funds quickly while striving to establish
a level playing field for potential grantees.
The U.S. Department of Labor is funding
a $3 million job skills and small enterprise training project to
increase incomes and standards of living for the most vulnerable
segments of the Afghan population. Many project participants are
women, including widows who have lost husbands and sons during over
two decades of warfare. They receive literacy and numeracy education;
learn marketable job skills; and are trained to start and manage
their own small business. Some of the women, such as those pictured here,
have chosen to be trained in trades such as jewelry making, that have
traditionally been male-dominated areas of work. |
|
Photo credit: ILAB |
Virginia Martínez Orellana is
one of thousands benefiting from a DOL-funded project to expand
employment opportunities in El Salvador for persons with disabilities.
Through a grant to the Trust of the Americas, the USDOL provides
Virginia with training in Information Technology and ways to seek
and obtain employment. After the Center's training job placement
assistance, she obtained employment as a Computer Assistant at the
Cantón Sitio del Niño school. "Because of the assistance
and training they provided me, I was able to obtain a job. It allowed
me to grow as a person who is able to overcome many obstacles. In
addition to the Trust and DOL, I would also like to thank all the
people who trained me to be someone in life and be able to evolve
in a job environment. Thank you all for your help." |
|
Photo credit: ILAB |
Improve living standards and conditions of work internationally.
Indicators
Number and percent of relevant government officials and members
and officials of workers' and employers' organizations who are influential
in determining living standards and working conditions and participating
in USDOL project activities, who consider the project to have improved
their conditions of work;
Number and percent of individuals whose economic situation has benefited
from USDOL project assistance; Number and percent of workplaces exposed to USDOL project assistance
that have implemented new measures to prevent workplace accidents and
illnesses;
Number of workers participating in pension funds that are government
regulated by project partner agencies; and
Number of new countries where HIV/AIDS workplace education projects begin.
Program Perspective
The Department's International Cooperation Program
seeks to ensure that the greatest possible number of workers benefit from
a more open world economy. Expanding trade and investment and improving
working conditions should be understood as mutually reinforcing objectives,
not opposing ones increased trade helps foster economic growth
and raise living standards while promoting employment in the U.S. The
Department also believes that the creation of more open, stable economies
that increase employment and standards of living for people will lead
to increased political stability and security.
DOL has been providing assistance to help support these changes since
1950, when it trained German trade unionists to assist with European reconstruction
after World War II. The Department has provided technical assistance to
developing countries by using DOL experts in areas such as labor inspection,
statistics, skills training, and occupational and mine safety and health.
In 1995, the Department began receiving appropriations from Congress to
fund multi-year projects that provide more focused, intensive assistance
to target countries to combat child labor and in 1999, began receiving
funds to implement other types of labor projects. Since 1999, the Department
has funded 92 projects in over 90 countries as part of its International
Cooperation Program.
Results, Analysis and Future Plans
The goal was achieved. ILAB met its
target by collecting baseline data for indicators one through four. This
type of longitudinal data collection supports managing for results.
ILAB is funding new HIV/AIDS projects in seven countries that include
Burkina Faso, China, Cameroon, Gabon, Indonesia, Sri Lanka, and Trinidad
and Tobago, exceeding its target of five countries. These projects aim
to reduce employment discrimination against persons affected with HIV/AIDS.
In FY 2004, the Department focused its technical assistance funds on
projects supporting the President's international trade and HIV/AIDS
initiatives. DOL contributed $2.4 million to projects in the Dominican
Republic, Panama, Chile, and China aimed at building trade capacity by
improving conditions of work in those countries. DOL also contributed
$9 million to the International Labor Organization (ILO) to fund a number
of new and continuing workplace-based HIV/AIDS education and prevention
projects.
"Improve living standards and conditions of work" is a very
broad goal, but the Department has chosen to target its technical assistance
to address very specific components of this goal in order to deepen the
impact of its assistance:
- Improved implementation of core labor standards
- Improvement in people's
economic or employment situation
- Increased efforts to improve safety
in the workplace
- Increased security of pensions
- Decrease in HIV/AIDS risk behaviors
- Decrease in employment discrimination
against persons living with HIV/AIDS
ILAB will change its indicators and targets for Goal 3.3B in FY 2005
in response to shifts in the Administration's priorities with respect
to international labor projects. Indicator five will be replaced in FY
2005 by two outcome-oriented indicators: 1) Reduced HIV/AIDS risk behaviors
among targeted workers, and 2) Reduced level of employment-related discrimination
against Persons Living with HIV/AIDS. Baseline data for these indicators
will be established by the end of FY 2005.
Management Issues
DOL used two primary sources to collect information
for these indicators: a global survey and projects' individual reports
against their Performance Monitoring Plans (PMPs). Project implementers
are required to develop a PMP for each project. The PMP defines project
indicators and identifies data needed to measure progress towards achieving
those indicators, and are used to track progress toward meeting project
goals. An independent contractor conducted a worldwide survey of project
stakeholders to gain baseline and trend data for Indicator One. For Indicators
Two, Three, and Four, ILAB collected baseline and trend data through project
PMPs. ILAB worked with project implementers to develop PMPs in tandem
with project designs in order to facilitate the data collection process,
to ensure comparability of data, and to inform data analysis. Project
Managers from DOL have an opportunity to verify data when they go on monitoring
or evaluation missions.
|