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Tell OSHA: Leave Injury Reporting Rules Alone
Back in January, Worksafe urged California to resist the Trump Administration’s attempts to roll back key provisions of a critical 2016 OSHA regulation regarding injury and illness record-keeping and reporting. These provisions require establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to a publicly available database. Had that rule been fully implemented, workers, worker advocates, and the public would have been able to access extensive and detailed injury information to help them identify and prevent dangerous health and safety practices. There is no question that this type of information is vitally important to improving worker health and safety. For example, in 2012 our partner, Warehouse Worker Resource Center (WWRC), helped a group of workers request their employer's OSHA Log 300 forms. Armed with this information, workers were able to file a successful Cal/OSHA complaint for numerous health and safety issues. However, not every worker has the support of a union or worker center in helping them gain this information. OSHA has no meaningful access to this data without electronic reporting. In order to replicate the success of WWRC or the success of Worksafe in assisting employees at Tesla, it is vital that the regulation remains in its current form. Accurate and consistent record-keeping yields data that is essential to OSHA and worker advocates to inform us about the health and safety risks facing workers. We need the ability to identify trends and intervene before tragedy strikes. Without data, or with incomplete or misleading data, the lives of workers remain at risk. Our access to data is precisely what the Trump administration has been attacking – and what is at stake with the latest proposed rollback of the electronic reporting rule. We urge you to voice your opposition by submitting your comments here – the deadline is tomorrow: Friday, September 28 at 8:59 PM PDT. In the darkness, workers will continue to suffer needlessly at work for the sake of the bottom line.
In Solidarity, Jora Trang Managing Attorney
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Protecting Workers in the Emerging Cannabis Industry
In 2016 Californians voted to legalize the possession, cultivation, and sale of marijuana through Proposition 64. As a result, Cal/OSHA convened an advisory committee to evaluate the need to develop industry-specific regulations for licensed cannabis establishments. Since January, Cal/OSHA has been meeting with stakeholders and reviewing comments from organizations like Worksafe, Americans for Nonsmokers’ Rights, the Tobacco Education and Research Oversight Committee, and UFCW Western States Council. Cal/OSHA recently published their recommendations at the Standards Board Meeting in San Diego. Their report cited stakeholder's comments, including UFCW and Worksafe's concerns about secondhand smoke exposure and workplace violence. Cal/OSHA's final recommendation is that the Standards Board undertake rulemaking to amend title 8 section 5148, prohibiting the smoking of cannabis within the enclosed spaces where employees work. Additionally, Cal/OSHA recommended that the Standards Board assist in the rulemaking effort. With respect to other occupational health and safety concerns, Cal/OSHA referred to existing standards and regulations pertaining to fire safety, repetitive strain injuries, injury and illness prevention programs, emergency regulations, and the forthcoming general industry standard on workplace violence. Worksafe remains concerned that these general standards on workplace violence will not be sufficient to protect workers in the cannabis industry. The high prevalence of cash transactions in the industry leaves workers at risk of workplace violence such as robbery. Stay tuned...
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Have You Seen Our Worker H&S Hall of Fame?
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As you may know, Worksafe hosts an annual celebration to honor community leaders and campaigns at the forefront of the worker health and safety movement in California. For the first time, we are showcasing all 22 of our Worker Health & Safety Heroes, including recipients of our Frances Schreiberg Pro Bono Award, in a brand new website gallery. Worksafe will be hosting our 37th Anniversary Celebration in May 2019, so keep your eyes peeled for details about date, location, and our next round of wonderful honorees. Do you know of an individual or group who deserves recognition for their health and safety efforts in California? Contact Worksafe and tell us all about them!
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Worksafe Welcomes New Staff
We are so excited to introduce you to the newest member of the Worksafe crew: our Communications & Administrative Associate, José Alfaro! Read his full bio here.
What sparked your interest in worker health and safety? Like many in the immigrant community, my parents escaped poverty in Central America only to encounter a different set of challenges here in the states. My father worked in landscaping and construction, while my mother worked in maintenance and as a domestic worker. Both experienced workplace injuries, discrimination, and wage theft. As an added dimension, they also experienced mental health issues like depression and anxiety related to their working conditions and economic position. Because this reality is all too common, I'm inspired to advocate for the rights, safety, and well-being of all workers. What attracted you to Worksafe in particular? I'm excited about the opportunity to join an organization that impacts the lives of so many workers throughout the state. Worksafe is advocating for policy change and is providing workers with educational resources and legal support. I look forward to taking my experience working with trauma-affected communities and applying it to my role at Worksafe. What do you do for fun? I recently moved to Oakland from New York City – a place not known for their hikers and bikers – so I'm blessed to be spending my weekends doing these activities and more. I signed up for the Oakland Half-Marathon, so you can also find me training around Lake Merritt!
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And We Bid Farewell to Our Legal Fellow!
For the past year, we've had the pleasure of working with Sameera Mangena, JD, a legal fellow from the Berkeley Law Public Interest Fellows Program. Sameera supported our legislative and regulatory advocacy, researched emerging occupational health and safety issues, and helped make our collective work stronger, smarter, and way more fun. We are thrilled to report that Sameera recently accepted an Assistant Counsel position with the National Treasury Employees Union. The labor movement gets another fierce legal advocate, and we couldn't be more proud!
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Be sure to check out Dying at Work in California 2018 – Worksafe’s seventh annual report on the state of safety and health protections for California workers. Please read and share.
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