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California: Resist the Federal Rollback on Injury ReportingThe explosive growth of digital technology is attributable to one fundamental advantage — the ability to aggregate, analyze, and use information. The ability to analyze previously unimaginable amounts of data has changed how we do business, develop public policy, conduct research, and find community.
The primacy of data-driven analytics has been accompanied by a tendency in some public policy circles to think that if there aren’t data on a problem, there’s no problem, regardless of the disparities of power and access that explain why data are hard to produce. As this trend grows, so does the need for available and transparent data relevant to policy making.
Transparency significantly affects behavior. During my time at the U.S. Labor Department, the increased tactic of publicly “shaming” bad actors by reporting their poor compliance records not only changed those companies’ behavior, it drove other companies to improve. Provisions of the 2010 Dodd-Frank Act that require publicly traded mining companies to report to their shareholders on fatalities, accidents, and violations helped drive significant safety improvements. Put simply, transparency equals accountability.
Sadly, neither the information age nor the value of transparency have made sufficient inroads in the area of worker safety and health. The company that sells you soap has better data about your grooming habits than OSHA has about your workplace.
In 2016, OSHA published an important rule to help shift the imbalance of information when it comes to injuries. The new rule requires worksites with 250 or more employees to electronically submit their annual injury summary, injury logs, and individual injury reports. Worksites in high-hazard industries with 20 or more employees must electronically submit an annual injury summary. These are all records employers were already required to maintain. Once fully phased in, injury information about these worksites will be publically available online to inform decision making of employees, prospective employees, enforcement agencies, and the public. The new rule also improves protections for workers who suffer retaliation for reporting an injury and limits the arbitrary use of drug testing to discipline employees.
California was required to adopt this rule within six months of its publication, but has taken no meaningful steps to do so. It is one of only seven states where this rule is not in effect, soon to be one of only five. California has been a national leader in right-to-know laws to protect workers and consumers, but it will soon be at the bottom of the pile when it comes to access to workplace injury rates.
There is a particular urgency in acting to adopt this rule because the Trump Administration is moving to roll back much of it. If they do so before California adopts it, creating our own record-keeping regulation will become much more difficult and expensive. California, act now.
Onward, Doug Parker Executive Director
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 | Worksafe's Senior Staff Attorney Nicole Marquez with Pamela Vossenas and Diana Colon-Guzman of UNITE HERE! |
| Major Victory for Hotel Housekeepers
Last week the Cal/OSHA Standards Board voted unanimously to adopt new rules that will protect hotel housekeepers from musculoskeletal injury.
This win reflects the momentum in the campaign to protect housekeepers from workplace dangers including injuries, unreasonable workloads, and sexual assault. It is a hard-won victory that represents years of effort by Worksafe, our allied organizations, and hospitality workers throughout the California. Congratulations to UNITE HERE! members, who first petitioned Cal/OSHA to develop a standard to protect hospitality workers from injury in 2012. Read more about the new standard here.
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Healthy Nail Salon Collaborative Wins AwardWorksafe is proud to stand with non-unionized, vulnerable workers in their fight to improve workplace conditions. As a steering committee member of the California Healthy Nail Salon Collaborative, we have worked with allies to push policies, advance owner and worker leadership development, and prioritize research that advances the health and safety of the approximately 100,000 low-income immigrant men and women in California’s nail salon industry.
Last week, Worksafe was thrilled to join other Collaborative members to accept the 2017 Governor's Environmental and Economic Leadership Award (GEELA). GEELA, which is administered by the Environmental Protection Agency in partnership with state and local agencies, is California’s highest environmental honor. It recognizes individuals, organizations, and businesses that have demonstrated exceptional leadership and made notable, voluntary contributions to conserve California’s resources, build public-private partnerships, and strengthen the state’s economy. The GEELA was co-presented to the Collaborative by California State Senator Nancy Skinner (SD-9 Oakland, Richmond). Senator Skinner commended our efforts to establish creative and innovative programs, including our work to certify nearly 200 salons in our Healthy Nail Salon Recognition Program.
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Worksafe's Managing Attorny, Jora Trang, accepts the GEELA with fellow Collaborative members. | |
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Prepping for ICE Raids: Key Resources
The Bay Area, home to six Sanctuary Cities (San Francisco, Oakland, Alameda, Berkeley, Richmond, and San Jose), has become the target of the Trump Administration’s anti-immigrant policies as reports of impending U.S. Immigration and Customs Enforcement (ICE) raids sweep through the region.
Worksafe stands in solidarity with our partners and social justice organizations throughout the state as we continue to fight for the integrity, economic stability, and health of California’s workers and families. We strongly condemn any effort to undermine the immigrant justice movement which passed AB 450 and SB 54 last year to strengthen protections for California workers.
Under AB 450, employers are prohibited from “providing voluntary consent to an immigration enforcement agent to enter non-public areas of a place of labor unless the agent provides a judicial warrant, except as specified.”
Under SB 54, state and local law enforcement agencies are prohibited from using either personnel or funds to hold, question, or share information about people with federal immigration agents unless those individuals have been convicted of one or more offenses from a list of 800 crimes outlined in a 2013 state law.
We urge our supporters and allies to remain alert and stay informed about how to enforce your rights. Multiple resources have been created, including the following resources available in multiple languages:
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A Sincere Thank You
Thanks to many of you, Worksafe's 2017 end-of-year giving campaign was a great success. We exceeded our fundraising goal and secured a $10k matching gift along the way. We are humbled by this outpouring of support, and we’re ready to jump into another productive year advocating for workplace safety, health, and justice!
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Want to learn more about Worksafe's recent activities? Be sure to check out our 2017 Impact Report at the newly redesigned Worksafe.org! As always, we welcome your feedback and ideas!
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