Archive for January 31, 2012

Jennifer Atkinson | January 31, 2012
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Union Membership Continues to Decline

Union membership in Washington State and the U.S. has fallen yet another year, continuing a trend now spanning several decades. According to the Bureau of Labor Statistics, membership rates in 2011 fell to 11.8% of the American work force.  That figure was down slightly from 11.9% in 2010, despite the fact that total union membership rose slightly by 49,000 workers last year (membership now stands at 14.76 million). The overall membership rate declined because the uptick in organized labor’s ranks failed to keep pace with an overall growth in employment.

The bureau announced these figures as American labor unions came under increasing political attack. Republican governors and Republican-controlled legislatures in Wisconsin and elsewhere have moved to diminish public employees’ rights to collective bargaining. More recently, Indiana is moving to become the first state in over a decade to implement a “right to work” law, which bars employers and unions from entering into contracts that require workers to pay fees for union representation.

According to the BLS, unions currently represent 16.3 million workers, some 1.5 million more than the total membership, suggesting that many workers choose to refrain from joining the unions that represent them in their place of work.

The percentage of public sector workers in unions stood at 37% last year, more than five times higher than the 6.9% membership rate for private sector employees. By comparison, more than 35% of private sector workers belonged to unions in the 1950s.

The Bureau of Labor Statistics claims that the total number of private sector employees in unions rose by 110,000 to 7.2 million, aided by a partial recovery in manufacturing and construction sectors. Yet as an increasing number of states, cities and school districts lay off workers, the number of public sector employees in unions fell 61,000, to 7.56 million.

The Labor Department reported that the highest union rates were in New York State, where 24.1% of workers are members; this is followed by Alaska (22.1%) and Hawaii (21.5%). North Carolina currently has the lowest rate at a mere 2.9%, followed by South Carolina (3.4%) and Georgia (3.9%).

If you are in need of a Washington Employment Attorney, Workers Compensation Lawyer, or need experienced counsel for any part of your L&I Claim, contact Emery Reddy for help with your case.  Our team can also provide confidential legal advice and representation to workers who have been ordered to complete an independent medical examination for a workplace injury.

Category: Department of Labor, Department of Labor and Industries, IME, Independent Medical Examination, L&I, Uncategorized, Worker Rights | Tags: , , , ,
Jennifer Atkinson | January 27, 2012
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L&I Pushes for Better Worker Protection in Metals Industry

Two years ago a Washington state foundry worker fell into a tub of molten steel and sustained injuries that resulted in the loss of a leg and arm. Then, only a few months following this tragic incident, another Washington worker suffered severe burns at a galvanizing plant when he stepped into molten zinc. These cases, unfortunately, are only two of many incidents each year where metal workers suffer a work-related injury or occupational illness due to exposure to metal dust, fumes and other harmful substances.

In response to these workplace injuries – along with other health and safety hazards common among workers in the primary metals industry –the Department of Labor & Industries (L&I) has joined in a national campaign headed by OSHA to reduce serious injuries and enhance workplace safety across the industry. L&I officials estimate that approximately seventy businesses in Washington are in the primary metals industry.

In a statement released by the head of L&I’s Division of Occupational Safety and Health (DOSH), L&I Assistant Director Michael Silverstein offered the following remarks:

“Men and women working in foundries and other jobs where metal is cast or refined face several significant hazards, including exposure to lead and dangerous chemicals, extreme noise and heat, as well as injuries from the machinery and materials being used. With this special emphasis, L&I hopes to reduce the risks these workers face.”

As part of this new worker safety initiative, L&I has created a web page specifically devoted to reducing workplace hazards in the metals industry; the page also provides training materials and other relevant resources. Washington workers and employers are encouraged to visit the site here: www.PrimaryMetals.Lni.wa.gov.

The new workplace safety campaign also includes a mailing of informational literature to nearly seventy businesses in Washington that fall within the primary metals category. For those interested in seeing images of two serious workplace injuries caused by to molten metal, L&I has also put together a slideshow (viewer discretion advised). Finally, Washington L&I plans to expand enforcement inspections throughout the state.

The federal Occupational Safety and Health Administration (OSHA) launched a nationwide program to protect metal workers last year. Officials stated that due to the hazards of this workplace, workers in the metal industry have an injury and fatality rate exceeding many other industrial jobs. This trend, unfortunately, holds true in Washington State as well.

Employers and managers who oversee worker safety are encouraged to request individualized help in addressing workplace hazards by contacting an L&I Safety and Health consultant, or by calling a local L&I office.

If you have suffered a workplace injury or have an occupational illness, contact a Seattle L&I Lawyer at Emery Reddy today for help with your L&I claim.

Broadcast version of L&I’s news release:

“The Department of Labor & Industries has joined a national effort to improve safety at smelters, foundries and other metal processing facilities that make up the state’s primary metals industry. The effort involves increased inspections, more safety and health outreach into the industry, including the development of a new L&I web page, with training materials and other information. Businesses in this industry should expect to receive a postcard in the mail announcing the effort.”

Category: Department of Labor and Industries, L&I, Occupational Illness, Worker Injury, Workers Compensation Attorney, Workplace Accident, Workplace Safety | Tags: , , , , , , ,
Jennifer Atkinson | January 23, 2012
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Injury Rates Improve for Washington State Workers

Survey results released by the Department of Labor & Industries show that job sites across Washington became safer in 2010, continuing a trend that started over a decade ago.  According to the Washington State Occupational Injury and Illness Survey, 5 out of every 100 full-time workers (including employees in both private and public sector industries) sustained a job-related injury or illness in 2010. This figure is down from the rate of 5.3 in 100 from 2009.

2010’s rate is the lowest recorded in Washington since 2003, when the injury rate stood at 6.9. 2003 was the year when L&I adopted the North American Industry Classification System (NAICS), which is also used by the U.S. Bureau of Labor Statistics (BLS).

Within private industries themselves, Washington’s injury and illness rate is still above the average national rate. Injuries among Washington workers stood at 4.8 per 100 full-time employees in 2010, while the national rate was 3.5.

Nearly every major industry in Washington showed better numbers in 2010. Injury and illness rates among construction workers, for instance, fell from 8.2 per 100 in 2009 to 7.2 in 2010. Nursing and Residential Care Facilities experienced a decline of 11.4 injuries per 100 workers in 2009 to 9.4 injuries last year.

Another significant change in this latest survey was the occurrence of “serious injuries” – injuries severe enough to prevent a worker from performing their usual job duties. In 2010, half of workers who were injured or became ill were in need of time off or modified work duties during recovery. That rate represented a drop of a few percentage points from the 2009 rate.

If you have been injured at work or have developed a work-related illness and need help with your L&I Claim, contact a Washington Workers Compensation Lawyer for assistance with your case. Our attorneys also provide confidential legal advice and professional observers to accompany workers during the independent medical examination process.

 

 

Category: IME, Independent Medical Examination, L&I, Labor and Industries, Worker Injury, Workplace Accident | Tags: , , , , ,
Jennifer Atkinson | January 20, 2012
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AirTran Airways to Pay $1 Million in Back Wages & Damages for Firing Whistleblower

The Labor Department’s Occupational Safety and Health Administration (OSHA) ordered AirTran Airways (ATA) to reinstate a pilot the company has fired in 2007 for reporting multiple mechanical concerns. OSHA is also requiring  ATA to pay its former employee over $1 million in back wages, plus interest and compensatory damages. Investigators working through OSHA’s Whistleblower Protection Program determined that there was reasonable cause to believe that the pilot was terminated as an act of retaliation, which violates the whistleblower provision of AIR21 (the Ford Aviation Investment & Reform Act for the 21st Century). The U.S. Department of Labor does not release names of employees involved in whistleblower complaints

Following this ruling, OSHA Assistant Secretary Dr. David Michaels released this statement:

“Airline workers must be free to raise safety and security concerns, and companies that diminish those rights through intimidation or retaliation must be held accountable. Airline safety is of vital importance, not only to the workers, but to the millions of Americans who use our airways.”

Upon termination from flight status in August of 2007, the pilot alleged that AirTran Airways – a subsidiary of Southwest Airlines – had fired him as an act of retaliation for his numerous mechanical malfunction reports, or PIREPS. According to the pilot, ATA held only a “faux” internal investigation in response to the mechanical malfunction reports; that hearing lasted a mere 17 minutes. A week after the hearing, ATA fired the pilot, claiming that he failed to “satisfactorily” answer a question regarding the spike in his malfunction reports. OSHA determined that the pilot did not, in fact, refuse to answer any questions during the hearing; furthermore, the answers were entirely appropriate to the queries, and the termination was purely retaliatory.

Michaels expanded on his press release by noting that “retaliating against a pilot for reporting mechanical malfunctions is not consistent with a company that values the safety of its workers and customers. Whistleblower laws are designed to protect workers’ rights to speak out when they have safety concerns, and the Labor Department will vigilantly protect and defend those fundamental rights.”

At this point in the process, either party—plaintiff or defendant—can file an appeal with the Office of Administrative Law Judges, but such an appeal will not stay the preliminary reinstatement order.

OSHA’s website provides the following information on whistleblower protections:

OSHA enforces the whistleblower provision of AIR21, as well as 20 other statutes protecting employees who report violations of various securities, trucking, workplace health and safety, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742), the agency’s Atlanta Regional Office at 678-237-0400 or its Tampa Area Office at 813-626-1177.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

If you believe you are the victim of wrongful termination, workplace discrimination, or retaliatory practices, contact a Seattle Employment Attorney for help with your case.

 

Category: Employment Discrimination, Retaliatory Termination, Worker Rights | Tags: , , ,
Jennifer Atkinson | January 19, 2012
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L&I Adopts Hazardous Drugs Rule

On January 3, the Department of Labor & Industries (L&I) adopted the Hazardous Drugs rule, which aims to protect health care workers from harmful exposure to chemotherapy or other hazardous drugs. The rule will go into effect in stages, beginning January 1, 2013.

The rule was enacted in response to a bill passed by the Washington State Legislature, which requires L&I to implement protections that abide by recommendations in the National Institute of Occupational Safety and Health reports of 2004 and 2010.

L&I will host a public meeting to discuss the creation of a Hazardous Drugs Advisory Committee, as well as model programs that support employers as they implement the rule.  This event will take place at the L&I Tumwater building from 2 – 4 pm on Wednesday, January 25th. The Auditorium is located at:

Department of Labor & Industries Auditorium
7273 Linderson Way SW
Tumwater, WA 98501-5414

When the Hazardous Drugs rule goes into effect it will cover all health care settings where workers come into contact with these hazardous drugs. Some of those substances have been identified as cancer-causing agents, while others are known to cause irreversible harm to health care workers – even at low-level exposure rates.

Under this new rule, “health care facilities” will be defined as sites where a health care provider administers medical care to patients.

The rule includes minimum requirements for advancing a hazardous drug control program.  Using existing hazard assessments, employers will establish programs to reduce or eliminate employee exposure to hazardous substances.

If you or someone you know has suffered a work-related illness due to exposure to hazardous substances, contact an Employment Attorney at Emery Reddy for help recovering damages.

Category: Department of Labor and Industries, Employment Attorney, L&I, Labor and Industries, Occupational Illness, Workers Compensation Attorney, Workplace Safety | Tags: , , , , , ,
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