In observation of Worker’s Memorial Day today, the Workers Compensation Attorneys at Emery Reddy commemorate the 69 individuals who died in Washington State last year as a result of job-related injuries and illnesses. Our heartfelt sympathies go out to families, friends and co-workers, and our deepest gratitude goes to the fallen workers for their service.
What is Worker’s Memorial Day?
Mother Jones
Each year, Workers’ Memorial Day, International Workers’ Memorial Day or International Commemoration Day (ICD) for the Dead and Injured (Day of Mourning) is observed around the world on April 28, a global day of remembrance and action for workers who have been killed, injured, disabled, or fallen ill because of their work. International events include direct campaigning and workplace safety awareness events. Public events include speeches, multi-faith religious services, the laying of wreaths and ringing of bells, planting trees, unveiling monuments, raising public awareness of worker risks, and laying out empty shoes to symbolize those who have died at work.
Workers’ Memorial Day is an important occasion to bring to light the preventable nature of most workplace accidents and illnesses, and to advance campaigns and union organization in the struggle for worker rights and improvements in workplace safety. The slogan for the day is Remember the dead – Fight for the living.
ORIGINS
Workers’ Memorial Day was first organized by the Canadian Union of Public Employees (CUPE) in 1984. The Canadian Labor Congress declared an annual day of remembrance on April 28, 1985, which falls on the anniversary of a comprehensive Workers Compensation Act in 1914 (see Workplace Safety & Insurance Board). In 1991, the Canadian Parliament passed an Act respecting a National Day of Mourning for those injured or killed in the workplace, thus establishing April 28 an official Workers’ Mourning Day.
INTERNATIONAL OBSERVANCE
For years, Worker’s Memorial Day events have been observed in the U.S. and Canada, and eventually worldwide. In the U.S., the day has been officially recognized since 1989. In that year, trade unions in North America, Asia, Europe and Africa publicized events and commemorations on April 28. The late Hazards Campaigner Tommy Harte brought Workers Memorial Day to the UK in 1992 as a day to ‘Remember the Dead: Fight for the Living’.
Workers’ Memorial Day is observed as a national day in countries including: Argentina, Belgium, Bermuda, Brazil, Canada, Luxembourg, Panama, Peru, Portugal, Spain, Thailand, Taiwan, United States and the United Kingdom. Trade Unions in other countries including Benin, the Czech Republic, Finland, Hungary, Malta, Nepal, New Zealand, Romania and Singapore are currently pushing for government recognition.
Worldwide Deaths and Injuries
According to the International Labour Organisation (ILO), across the world:
- Each year, more than two million women and men die as a result of work-related accidents and diseases
- Workers suffer approximately 270 million accidents each year, and fall victim to some 160 million incidents of -related illnesses
- Hazardous substances kill 440,000 workers annually – asbestos claims 100,000 lives
- One worker dies every 15 seconds worldwide. 6,000 workers die every day. More people die at work than in fighting wars.
L&I Ceremony to Commemorate Worker Memorial Day, April 26
Sixty-nine fallen workers will be honored on April 26 at the 2012 Worker Memorial Day ceremony, including a veteran firefighter, a young construction worker, and a grandmother in a sales position. Family, friends and co-workers of those who died from job-related injuries or illnesses last year have all been invited to attend the Department of Labor & Industries annual Worker Memorial Day ceremony.
The workers to be honored range from the very young (including the 18-year-old worker who died from a construction site injury) to seniors in the workforce (such as the 84-year-old storage manager who was murdered at work). Some worked in hazardous jobs like logging, fishing and construction, while others worked in lower-risk professions like retail management, dry cleaning, or research.
As L&I Director Judy Schurke stated, “A workplace death can happen anywhere and, when it does, the lives of those close to the person who died are changed forever. Worker Memorial Day is our chance to honor those who died on the job or from illnesses that resulted from their work, and let their friends and families know that they will not be forgotten.”
The ceremony is scheduled to begin at 2:00 p.m. at L&I’s central building in Tumwater, 7273 Linderson Way S.W. This will mark the 19th annual observation of Worker Memorial Day by L&I. Speakers will include representatives from Governor Chris Gregoire’s office, the Association of Washington Business, the Washington State Labor Council, and the Washington Self-Insurers Association.
While the relatives of all Washington workers who died in 2011 have been invited, the ceremony is open to all friends, colleagues, and the general public. The ceremony will feature a reading of the names of the lost Washington workers, accompanied by bell ringers from the Tumwater Fire Department. Following the ceremony, the family members are invited to ring the brass bell in the Worker Memorial garden at the L&I headquarters. For a complete list of those being honored, visit www.WorkerMemorialDay.Lni.wa.gov.
Company Cited for Worker Death in Grain Facility
The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Bartlett Grain Company with five willful safety violations and eight serious safety violations after an October 2011 grain elevator explosion in Atchison killed six workers and left two others with serious injuries.
The willful violations arise from the company permitting grain dust — which is ten times more explosive than coal dust — to build up, using compressed air to remove dust without first disengaging ignition sources, jogging (repeatedly starting and stopping) inside bucket elevators to free gears choked by grain, using inappropriate electrical equipment within an explosive working environment, and neglecting to ensure that employees had used fall protection when working from heights.
“The deaths of these six workers could have been prevented had the grain elevator’s operators addressed hazards that are well known in this industry,” said Secretary of Labor Hilda L. Solis. “Bartlett Grain’s disregard for the law led to a catastrophic accident and heartbreaking tragedy for the workers who were injured or killed, their families and the agricultural community.”
The serious violations involve a lack of proper preventive maintenance of grain handling equipment; inadequate emergency and job hazard training for employees and contractors; and unsound cleaning practices that failed to prevent grain dust accumulation.
The citations to Bartlett Grain, which is based in Kansas City, Mo., carry $406,000 in proposed fines.
“OSHA standards save lives, but only if companies comply with them,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “Bartlett Grain has shown what happens when basic safety standards are ignored, and this agency simply will not tolerate needless loss of life.”
A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
During the last 30 years, there have been over 500 explosions in grain facilities across the United States, killing more than 180 people and injuring over 675. Grain dust is the main source of fuel for explosions in grain handling. This dust is highly combustible and can burn or ignite if enough becomes airborne or accumulates on surfaces that are contacted by an ignition source (such as an overheated motor or sparks from welding or brazing operations). OSHA standards require that both grain dust and ignition sources be controlled in grain elevators to prevent potentially deadly explosions. For more information on grain handling, visit http://www.osha.gov/SLTC/grainhandling/index.html.
The citations to Bartlett Grain Co. L.P. can be viewed at http://www.osha.gov/ooc/citations/Bartlett_issued_04122012.pdf
If you have suffered from a work injury, need help recovering workers compensation benefits from your L&I claim, or need representation to appeal a denied L&I claim, an L&I Lawyer at Emery Reddy can represent your case. Every day our experienced Employment Attorneys and Seattle Workers Compensation Lawyers help Washington workers collect the full compensation and benefits they deserve, and provide legal counsel to those who have been required to undergo an independent medical exam by the Department of Labor and Industries.
September 11 Cancer Victims Fight for Compensation
Last week an advisory medical panel recommended that over 30 different types of cancers be covered by the Zagroda 9/11 Health Care Act for those suffering from illness as a result of Ground Zero toxins.
The advisory committee says studies show a large number of cancers, including blood, digestive, skin, oral and respiratory diseases, are directly linked to dust at the World Trade Center after the September 11th attacks. Yet cancer was left out of the Zadroga health care bill despite dedicated advocacy from people who fell ill after breathing toxins at Ground Zero. The administrator of the program wanted more conclusive evidence.
If the government approves the recommendations, cancer victims would be eligible to apply for a share of the $2.8 billion compensation fund. The panel is scheduled to present its findings on April 2.
Yet Feal noted that even when the panel’s recommendation is made, a bitter political fight could remain. “Once it gets down to deciding what cancers to add, that becomes political — when people debate what can be afforded or not,” he said. “That’s what we have to fight against.”
Read more details here about 9/11 compensation.
If you are suffering from any occupational illness or work injury and need professional assistance to recover your workers compensation benefits from the Department of Labor and Industries, contact an L&I Lawyer at Emery Reddy today. We represent clients who want to appeal a denied L&I claim, or who have been required to complete an independent medical examination. Our knowledgeable and experienced Workers Compensation Attorneys and Seattle employment attorneys provide guidance to workers experiencing any difficulty with an L&I claim.