Recently in Worker Safety and Health
In April, 29 miners were killed at Massey Energy’s Upper Big Branch Mine in Montcoal, West Virginia, the worst coal mine disaster in America in 40 years. In the last decade, more than 600 miners have died while working in our nation’s mines.
Witnesses:
- PANEL I:
- Sec. Joe Main » Assistant Secretary of Labor for Mine Safety and Health U.S. Department of Labor Washington, D.C.
- Sec. David Michaels » Assistant Secretary of Labor for Occupational Safety and Health U.S. Department of Labor Washington, D.C.
- Patricia Smith » Solicitor of Labor U.S. Department of Labor Washington, D.C.
- PANEL II:
- Larry Grayson » Professor of Mine Engineering Penn State University University Park, Pa.
- Lynn Rhinehart » General Counsel AFL-CIO Washington, D.C.
- Cecil Roberts » President United Mine Workers of America Triangle, Va.
-
Jonathan Snare »
partner
Morgan Lewis testifying on behalf of the Coalition for Workplace Safety
a group of associations and employers Washington, D.C. - Stanley “Goose” Stewart » coal miner Chickasaw Village W.Va.
- Bruce Watzman » Senior Vice President for Regulatory Affairs National Mining Association Washington, D.C.
Created with flickrSLiDR.
Shortly after the explosion, Connecticut U.S. Reps. Joe Courtney, Rosa DeLauro, and John Larson requested that the committee hold a proceeding into the tragedy. Rep. Courtney is a member of the Education and Labor Committee.
Witnesses:
- Edward Badamo » Fire Chief South Fire District Middletown, Conn.
- Hon. John Bresland » Board Member U.S. Chemical Safety and Hazard Investigation Board Washington, D.C.
-
Glenn Corbett »
associate professor and chair
Department of Protection Management John Jay College of Criminal Justice New York, N.Y. - Honorable Sebastian Giuliano » Mayor of Middletown Middletown, Conn
- Hon. Alan Nevas » Chair of the Governor’s Kleen Energy Systems and Explosion Origin and Cause Panel Westport, Conn.
- Jodi Thomas » wife of Ron Crabb a pipefitter who died in the explosion Colchester, Conn.
Rep. Rosa DeLauro (CT) entered her opening statement into the record.
Rep. John Larson (CT) entered his opening statement into the record.
The U.S. Chemical Safety and Hazard Investigation Board issued urgent recommendations after their investigation into the explosion at the Kleen Energy Systems power plant.
Questions have been raised about who is ultimately responsible for worker health and safety in light of the Deepwater Horizon explosion that killed 11 workers and exposed cleanup workers to toxic chemicals. Representatives from government health and safety agencies testified.
Witnesses:
- Rear Admiral Kevin Cook » Director of Prevention Policy for Marine Safety, Security, and Stewardship U.S. Coast Guard Washington, D.C.
-
Dr. John Howard »
Director
National Institute for Occupational Safety and Health (NIOSH) Centers for Disease Control and Prevention
U.S. Department of Health and Human Services Washington, D.C. - David Michaels » Assistant Secretary of Labor for Occupational Safety and Health U.S. Department of Labor
-
Doug Slitor »
Acting Chief of the Office of Offshore Regulatory Programs
Offshore Energy and Minerals Management Bureau of Ocean Energy Management, Regulation, and Enforcement
U.S. Department of the Interior Herndon, Va.
Created with flickrSLiDR.
More information on the committee’s work to protect the health and safety of America’s miners.
Witnesses:
- Hon. Joe Manchin III » Governor of West Virginia
- Eddie Cook » Uncle of Adam Morgan
- Gary Quarles » Father of Gary Wayne Quarles
- Alice Peters » Mother-In-Law of Edward “Dean” Jones
- Steve Morgan » Father of Adam Morgan
- Clay Mullins » Brother of Rex Mullins
- Stanley “Goose” Stewart » Upper Big Branch Miner
Committee Chairman Rep. George Miller
WV Governor Joe Manchin, III
Gary Quarles, father of Gary Wayne Quarles
Steve Morgan, father of Adam Morgan
Eddie Cook, uncle of Adam Morgan
Alice Peters, mother-in-law of Edward "Dean" Jones
Clay Mullins, brother of Rex Mullins
Stanley "Goose" Stewart, Upper Big Branch miner
Among other provisions, the Protecting America’s Workers Act (H.R. 2067) and proposed changes to legislation, would update workplace whistleblower protections by mirroring other modern whistleblower statutes, such as the Consumer Product Safety Improvement Act. The bill would also ensure that victims and their families are kept informed about investigations of fatalities and incidents involving serious injuries or illnesses.
Witnesses:
- Jordan Barab » Deputy Assistant Secretary of Labor for Occupational Safety and Health Washington, D.C.
- Lloyd B. Chinn » Partner Proskauer Rose LLP New York, New York
- Tonya Ford » Niece of Robert Fitch, a worker killed at an Archer Daniels Midland plant Lincoln, Nebraska
- Neal Jorgensen » whistleblower formerly employed at Plastic Industries Preston, Idaho
-
Dr. Celeste Monforton »
Assistant Research Professor
Department of Environmental and Occupational Health The George Washington University Washington, D.C. - Dennis J. Morikawa » Morgan, Lewis & Bockius LLP Philadelphia, Pennsylvania
- Lynn Rhinehart » General Counsel AFL-CIO Washington, D.C.
Created with flickrSLiDR.
The Protecting America’s Workers Act (H.R. 2067), introduced by U.S. Rep. Lynn Woolsey (D- CA), chair of the subcommittee, will strengthen and modernize the Occupational Safety and Health Act, the law that ensures the health and safety of American workers.
Witnesses:
-
John Cruden »
Acting Assistant Attorney General
Environment and Natural Resources Division Department of Justice Washington, D.C. - David Michaels » Assistant Secretary of Labor for the Occupation Safety and Health Administration Washington, D.C.
- Eric Frumin » Health and Safety Coordinator Change to Win New York, N.Y.
- Jonathan Snare » Partner Morgan, Lewis & Bockius LLP, on behalf of the Chamber of Commerce Washington, D.C.
Created with flickrSLiDR.
There is a rapidly growing number of mine safety enforcement cases currently pending before the Federal Mine Safety and Health Review Commission (FMSHRC), a small independent agency which provides administrative trial and appellate review of contested citations, penalties, and worker retaliation cases. As the result of stepped-up enforcement and tougher penalties after a spate of mine tragedies in 2005 and 2006, mine owners tripled the number of violations they appeal and are now litigating 67 percent of all penalties. The backlog of cases FMSHRC must review has jumped from 2,100 in 2006 to approximately 16,000 today.
Witnesses:
- Mary Lu Jordan » Chairman Federal Mine Safety and Health Review Commission
- Joe Main » Assistant Secretary of Labor for the Mine Safety and Health Administration
- Cecil Roberts » President United Mine Workers of America
- Bruce Watzman » Senior Vice President, Regulatory Affairs National Mining Association
Created with flickrSLiDR.
At least 50 million American workers currently do not have access to paid sick leave, many in lower-wage industries that have direct contact with the public such as food-service, hospitality industry, schools and health care fields. The Centers for Disease Control estimates that a sick worker will infect one in ten co-workers. As a result, the CDC and other public health officials have advised employers to be flexible when dealing with sick employees and to develop leave policies that will not punish workers for being ill.
On November 3, U.S. Rep. George Miller (D-CA), chairman of the committee, and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, introduced the Emergency Influenza Containment Act (H.R. 3991). The temporary legislation will guarantee up to five paid sick days for a worker sent home or directed to stay home by an employer for a contagious illness, such as the H1N1 flu virus.
For more information on the bill, click here.
Witnesses:
- Dr. Georges Benjamin » Executive Director American Public Health Association
- A. Bruce Clarke » President and CEO Capital Associated Industries
- Debra Ness » President National Partnership for Women and Families
- Dr. Anne Schuchat » Assistant Surgeon General of the United States, and the Director of National Center for Immunization and Respiratory Diseases Centers for Disease Control and Prevention
Created with flickrSLiDR.
To read the OSHA review of the Nevada health and safety program, click here.
To learn more, visit this blog post.
Witnesses:
- U.S. Sen. Harry Reid » Nevada
- Jordan Barab » Acting Assistant Secretary of Labor Federal Occupational Safety and Health Administration
- Debi Koehler-Fergen » Mother of worker killed at the Orleans Hotel and Casino in Las Vegas
-
Don Jayne »
Administrator
Nevada Division of Industrial Relations Department of Business and Industry - Franklin Mirer » Professor of environmental and occupational health Hunter College of the City University of New York
Created with flickrSLiDR.
The Enhanced Enforcement Program identifies high risk employers by their past behavior and targets them for additional scrutiny. However, the U.S. Department of Labor Inspector General’s Office issued a report on April 1 that found the Bush administration did not properly enforce worker health and safety laws used to oversee employers with history of safety violations. It shows that over the last five years, since the program was established, the EEP has failed to effectively deter employers from putting workers’ lives at risk.
Witnesses:
- Jordan Barab » Acting Assistant Labor Secretary Occupational Safety and Health Administration
- Eric Frumin » Director of Health and Safety Change to Win
- Elliot Lewis » Assistant Inspector General for Audits U.S. Department of Labor
- Jesus Royas, stepson of Raul Figueroa, » a worker who was crushed to death as a result of unsafe working conditions West Palm Beach, Fla.
- Jason Schwartz » Partner Gibson, Dunn & Crutcher LLP
Witnesses:
- Randel Johnson » Vice President U.S. Chamber of Commerce
- Celeste Monforton, PhD, MPH » The George Washington University School of Public Health
- Margaret “Peg” Seminario » Director of the Department of Occupational Health and Safety AFL-CIO
- Leon Sequeira » Assistant U.S. Labor Secretary for Policy
Witnesses:
- Edwin Foulke » Assistant Secretary of Labor Occupational Safety and Health Administration
- George Cole » Brother-in-Law of Harold Billingsley, Victim of a Recent Construction Accident Las Vegas, Nevada
- Robert LiMandri » Acting Building Commissioner New York City, New York
- Mike Kallmeyer » Senior Vice President of Construction Services Denier Electric
-
Mark Ayers »
President
Building and Construction Trades Department AFL-CIO
Witnesses:
- Mr. A.C. Span, Jr »
- Dr. Robert McLellan » Immediate Past President American College of Occupational and Environmental Medicine
-
John Ruser, Ph.D. »
Assistant Commissioner
Safety and Health Statistics Bureau of Labor Statistics -
Mr. Baruch Fellner, J.D. »
Partner
Gibson, Dunn & Crutcher, LLP
Representing the US Chamber of Commerce -
Kenneth Rosenman, M.D., FACPM, FACE »
Professor of Medicine
Chief, Division of Occupational and Environmental Medicine Michigan State University - Mr. Bob Whitmore » Former Chief OSHA Division of Recordkeeping U.S. Department of Labor
The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing on the federal Occupational Safety and Health Administration’s lack of adequate enforcement and oversight of workplace safety and health conditions within large, multiple-facility corporations.
Witnesses explored events at the Cintas Corporation, the largest uniform supplier in North America. In 2007, a worker died at the company’s Tulsa facility despite previous evidence, known to both OSHA and Cintas, of similar hazards at other Cintas facilities and industrial laundries. The death resulted in the largest service sector fine in OSHA’s history and was followed by additional citations of similar problems at other Cintas facilities.
Witnesses:
-
Randy Rabinowitz »
Member
American Bar Association Occupational Safety and Health Law Committee - Ron Taylor » Partner Venable LLC
- Emmanuel Torres » Son of Eleazar Torres-Gomez who died at Cintas’s Tulsa facility in 2007
-
Frank White »
Senior Vice President
Head of Health, Safety, and Environmental Practice ORC Worldwide
The Combustible Dust Explosion and Fire Prevention Act (H.R. 5522) would force the U.S. Occupational Safety and Health Administration to issue rules regulating combustible industrial dusts, like sugar dust, that can build up to hazardous levels and explode. The Occupational Safety and Health Administration already has the authority to issue such a rule without Congress passing new legislation, but the agency has failed to act despite the fact that the dangers of combustible dust have been well known for years.
U.S. Reps. George Miller (D-CA) and John Barrow (D-GA) introduced the legislation on March 4, 2008. To learn more about H.R. 5522, <a href="http://www.house.gov/apps/list/speech/edlabor_dem/rel030308.html">click here</a>.
Witnesses:
- The Honorable John Barrow » Congressman Twelfth Congressional District of Georgia
- The Honorable Jack Kingston » Congressman First Congressional District of Georgia
- The Honorable Edwin Foulke » Assistant Secretary of Labor Occupational Safety and Health Administration
-
Tammy Miser »
Sister of Victim of a 2003 Combustible
Dust Explosion in Huntington, IN - Amy Spencer » Senior Chemical Engineer National Fire Protection Association
- The Honorable Bill Wright » Interim Chair U.S. Chemical Safety and Hazard Investigation Board
- David Sarvadi » Attorney Keller and Heckman
Witnesses:
-
Eric Frumin »
Director
Occupational Safety and Health Program UNITE-HERE New York, New York - David Socolow » Commissioner New Jersey Department of Labor & Workforce Development Trenton, New Jersey
- Charles Wowkanech » President New Jersey State AFL-CIO Trenton, New Jersey
- James W. Stanley » President FDRsafety, LLC » President FDRsafety, LLC on behalf of the Uniform and Textile Service Association Arlington, Virginia
- Rick Engler » Director Work Environment Council Trenton, New Jersey
Witnesses:
- Robert J. Battista » Chairman National Labor Relations Board
- Wilma B. Liebman » Member National Labor Relations Board
- Professor Matthew W. Finkin » Harno-Cleary Chair in Law University of Illinois
- Feliza Ryland » Former Employee of Grosvenor Resort Orlando, Florida
-
Charles Cohen »
Partner
Morgan, Lewis, Bockius, LLP
Former Member (1994-96) National Labor Relations Board Washington, DC - Jonathan P. Hiatt » General Counsel AFL-CIO Washington, DC
Witnesses:
-
Craig Becker »
Attorney for Evelyn Coke
Association General Counsel Service Employees International Union - Manuela Butler » Home Health Care Worker Brooklyn, New York
- Henry Claypool » Washington Office Director Independence Care Systems
- William A. Dombi » Vice President for Law National Association for Home Care
- Alfred B. Robinson, Jr. » Shareholder Ogletree Deakins LLP
- Dorie Seavey » Director of Policy Research The Paraprofessional Healthcare Institute
Witnesses:
- Steve Allred » Brother of miner Kerry Allred
- Wendy Black » Wife of miner Dale "Bird" Black
- Michael Marasco » Son-in-law of miner Kerry Allred
- Sheila Phillips » Mother of miner Brandon Phillips
- Cesar Sanchez » Brother of miner Manuel Sanchez
- Jon Huntsman, Jr. » Governor of the State of Utah
- Wayne Holland » International Staff Representative United Steelworkers
- Cecil Roberts » President United Mine Workers of America
-
Bruce Watzman »
Vice President
Safety, Health, and Human Services National Mining Association
Statements Submitted for the Record
Joint Statement from the Families »
Kristen Kimber »
Mother of miner Brandon Kimber's childrenCasandra Phillips »
Sister of miner Brandon PhillipsNelda Erickson and Amanda Romero »
Wife and daughter of miner Don EricksonAydaliz Sanchez »
Daughter of miner Manual SanchezCody Allred »
Son of miner Kerry AllredJose Luis Payan »
Brother of miner Juan Carlos PayanMarta Sanchez »
Wife of miner Manual Sanchez
Witnesses:
- Freddy Cordero » World Trade Center Recovery Worker
-
Philip J. Landrigan, MD, MSc »
Professor and Chairman
Department of Community & Preventive Medicine Mt. Sinai Medical Center New York - Patricia Clark » Regional Administrator OSHA Region II New York
-
Brian A. Jackson, Ph.D. »
Associate Director
Homeland Security Program RAND Corporation - Dr. James Melius » Director NYS Laborers’ Health and Safety Fund
Witnesses:
-
Kevin Stricklin » Administrator Coal Mine Safety and Health »
Administrator
Coal Mine Safety and Health Mine Safety and Health Administration
Department of Labor Arlington, Virginia - Dennis O’Dell » Safety and Health Director United Mine Workers of America Fairfax, Virginia
- James L. Weeks, ScD, CIH » Potomac, Maryland
-
Mike Wright »
Director
Health, Safety and Environment United Steelworkers Pittsburgh, Pennsylvania
Witnesses:
- Paul DeCamp » Wage and Hour Administrator Department of Labor Washington, DC
- Bob Williams » Fed-Ex Employee Berlin, MA
- Sara Stafford » President Stafford Construction Services Inc.
- Christine Walters » Consultant Five L Company Glyndon, MD
- David Socolow » New Jersey Commissioner of Labor
Witnesses:
-
Dave Fillman »
Executive Director
AFSCME Council 13
Vice President
AFSCME Harrisburg, Pennsylvania - Casey Jones » Widow of Municipal Worker Daytona Beach, Florida
- David Sarvadi » Attorney Keller and Heckman Washington, DC
-
Jon Turnipseed »
Safety Supervisor
Municipal Water Department
Representing the American Society of Safety Engineers City of San Bernardino San Bernardino, California
Witnesses:
- Congressman Nick Rahall » Third District of West Virginia
- Congresswoman Shelley Moore Capito » Second District of West Virginia
-
Dan Bertoni »
Director
Education, Workforce, and Income Security Team Government Accountability Office Washington, D.C. - Richard Stickler » Assistant Secretary of Mine Safety and Health Department of Labor Washington, D.C.
- Jonathan Snare » Acting Solicitor of Labor Department of Labor Washington, D.C.
-
Larry Grayson »
Chairman
Department of Mining and Nuclear Engineering University of Missouri-Rolla Rolla, Missouri - J. Davitt McAteer » Vice President for Sponsored Programs Wheeling-Jesuit University Wheeling, West Virginia
Witnesses:
-
Edwin Foulk »
Assistant Secretary
Department of Labor
Occupational Safety and Health Administration Washington, D.C. -
Eric Peoples »
Former Employee
Victim of Bronchiolitis Obliterans (Popcorn Lung) Victim of Bronchiolitis Obliterans (Popcorn Lung) Carthage, Missouri - Scott Schneider » Director of Occupational Safety and Health Laborers’ Health and Safety Fund of North America Washington, D.C.
- Daruch Fellner » Attorney Gibson, Dunn and Crutcher Washington, D.C.
- Frank Mirer » Professor of Environmental and Occupational Health Sciences Hunter School of Urban Public Health New York, New York
Witnesses:
- Cecil Roberts » President United Mine Workers of America Fairfax, Virginia
- Debbie Hamner » Wife of deceased miner George “Junior” Hamner Buckhannon, West Virginia
- Melissa Lee » Wife of deceased miner Jimmy Lee Speedwell, Kentucky
- Scott Howard » Miner Roxana, Kentucky
- Chuck Knisell » Miner Westover, West Virginia
- Tony Oppregard » Attorney at Law Lexington, Kentucky
- Bruce Watzman » Vice President for Safety, Health and Human Resources National Mining Association Washington, D.C.
-
Jim Dean »
Director of Extension and Outreach
College of Engineering & Mineral Resources
West Virginia University Morgantown, West Virginia
Witnesses:
- Admiral Frank L “Skip” Bowman » President and CEO, Nuclear Energy Institute Member, BP U.S. Refineries Independent Review Panel
- Carolyn W. Merritt » Chair U.S. Chemical Safety Board
- Eva Rowe » Parents were killed in Texas City explosion
- Red Cavaney » President and CEO