‘Cut red tape?’ People are dying in the workplace!

The horrific death of Carlos Gabrielli on a Westerleigh construction site should shock us all to the core. His throat slashed by an electrical saw after a slip and fall, he died in an ambulance after his coworkers frantically tried to stanch the bleeding with the shirts off their backs in the immediate aftermath of the gruesome accident.

As the Advance notes in its coverage, this was only the second of three dreadful workplace accidents in Staten Island last week. One day later, a crane collapsed at the construction site of a new Amazon warehouse in Rosebank. One worker’s leg reportedly “snapped in half.” Three days before that, a 25-year-old electrician was knocked unconscious at a construction site in Bloomfield after a small panel explosion exposed him to a 500 volt arc of electricity.

These kinds of workplace accidents, unfortunately, are not rare. On average, thirteen workers die on the job every day in this country. Most of these deaths are completely preventable. And yet the complex web of state and federal agencies and insurance programs meant to protect worker’s safety and incomes are persistently under-funded and under attack.

Our workplace safety laws – the federal Occupational Health & Safety Act (OSHA) and a patchwork of state worker’s compensation laws – are badly out of date and under attack from deep-pocketed corporate interests who want to slash benefits and shirk responsibility in the name of cutting “red tape.”

A new book, Dying to Work: Death and Injury in the American Workplace by workers rights attorney Jonathan D. Karmel is a compelling call for action on a national health crisis that’s hiding in plain sight. The book’s everyday horror stories could compete with the past week’s news in the Advance.

These are just a few: Yvonne Shurelds suffered an “internal decapitation” when the forklift that she was not properly trained to operate backed up into a metal bar. Her employer was fined $7,100 for safety violations. Hannah Phillips lost her arm to a meat grinder at a Kroger grocery store when her ill-fitting uniform snagged on the power switch. She feels “lucky” because the amputation was below the elbow and she was able to get off worker’s comp when she landed a $10.50 an hour job (with no health insurance) at a non-union Honda plant. Paul King was electrocuted on the roof of Terminal 3 at Logan airport while doing routine maintenance work. He was not trained as an electrician and his employer – a subcontractor of a subcontractor – did not provide him with protective gear or electrical test equipment. It contested its $54,000 OSHA fine, and neglected to include his last deadly hours of work in the final paycheck it sent to his widow.

Seemingly every widow in these stories is tormented by unannounced visits from inspectors, hoping to find her remarried so the state can discontinue its paltry workman’s comp survivor benefits. None of these families left behind gets a big payout, or even returns to the standard of living they had scraped together before the fateful accidents.

The workers comp system was a “grand bargain” that preceded the New Deal by decades. In exchange for providing some insurance for workers who lose life and limb, it shields employers from greater liability for their callous disregard for their human resources. Workers compensation laws generally prevent survivors from directly suing an employer for damages. Successful suits must include a third party like a subcontractor or machinery manufacturer.

Karmel suggests a list of reforms that’s longer than an amputated arm.

A “know your rights” posting requirements at every workplace – like we have for the minimum wage – is long overdue. A mandate that medical professionals who treat injured workers have no affiliation with the employer and a Medicare-style insurance system to pay for their treatment is pretty common sense. The fact that attorney’s fees for these cases have been reduced or remained stagnant is ridiculous if one believes that “you get what you pay for.”

Karmel also calls for enhanced civil penalties and criminal prosecution under OSHA. Usually the idea that stiffer sentences act as deterrence against future crimes beggars belief. Who calmly weighs the consequences during a crime of passion or desperation? But corporate crimes – which unsafe workplaces must be viewed as – are coolly calculated in boardrooms as matters of dollars and sense (and the continued comfort of the far-removed executives).

Financial OSHA penalties, which were set as a specific hard-dollar amount in 1970, have been raised just once – 28 years ago. Obviously, a company that kills an employee through willful negligence should pay more than a pittance in fines. Those statutory fines should not only be exponentially increased, but indexed to inflation like almost every other federal regulatory penalty is.

Finally, he calls for a streamlined process to replace the “complex and oppressive legal system that requires employees to bear the burden of establishing their entitlement to benefits.” That sounds to me that we should just federalize the system under a well-funded OHSA (and stop electing Republicans to Congress).

[This op-ed originally appeared in the Staten Island Advance.]

Nonunion Workers Can Save Unions. We Just Need to Reimagine How We Collect Dues.

IT SHOULD HAVE BEEN A MOMENT OF TRIUMPH. The writers at DNAinfo and the Gothamist network had voted to form a union. But a few days later, on Nov. 2, 2017, their sullen jerk of a CEO decided to fold operations in perfectly legal retaliation.

Our peculiar labor relations system bases whether or not you are protected by a union contract on whether you can survive a campaign of threats, harassment and outright lies to prevail in a winner-take-all vote. Even then, a union contract can still be voided by a crybaby boss picking up his marbles and offshoring, subcontracting or “shutting down” operations entirely. A workers’ rights system that can be so baldly circumvented by billionaires and soulless corporations is clearly and inalterably broken.

Many of the best ideas currently on the table for labor law reform transcend workplace-based contract unionism. We could revive the New Deal model of wage boards, which dictate minimum standards for all companies in an industry. Even, or perhaps especially, if they are dominated by corporate interests, they would provide unions with a campaign target and all kinds of organizing opportunities to gain new associate or “at-large” members.

As I have advocated and Bill Fletcher proposes, “just cause” measures like the one Keith Ellison is considering create an opportunity for unions and worker centers to offer tangible benefits to employees in nearly every workplace in America. Having expert advice and representation while contesting a boss’s write-up or termination is worth paying dues. Even the fair scheduling, paid sick days and assorted anti-discrimination laws that have proliferated in blue states and rebel cities in the Trump era represent opportunities to expand the ranks of union membership. The laws are a dead letter without an enforcement mechanism; enforcement should be the role of unions. These strategies are not meant to replace union contracts but to support, expand and enhance union standards across all workplaces.

The federal policy that would tie all of these reforms together and make them work as a union membership organizing strategy is a dues check-off law, voluntary for workers but mandatory for employers. Workers would be able to make voluntary paycheck contributions to any nonprofit of their choice—including unions. If they were getting enforcement help from a union, this would be a way of paying for the service. Other times, as when unions are waging battles for labor law reform, it would be more like throwing a few bucks at an advocacy group. Either way, for workers, it should be as simple as filling out a confidential form, or logging in to a website, to join or quit any time.

Voluntary contributions are very hard to maintain without access to payroll deductions. While I appreciate the romantic turn-of-the-20th-century history of Wobbly dues stamps and “walking delegates” hand-collecting voluntary union dues, modern experiences with alternative forms of dues collection have proven to be wheel-spinning exercises that can’t properly fund unions.

I spent years organizing with the United Teachers of New Orleans after all the teachers were fired in the wake of Hurricane Katrina. With no collective bargaining and little access to payroll deductions, we were asking union supporters to rejoin and pay their dues through credit cards or bank account debits. In our new age of inequality, even supposedly “middle class” teachers bounce checks and miss monthly credit card payments with distressing regularity. In a typical year, we would sign up 500 new members for a net gain of 100 new dues payers.

Any right-wing opposition to this bill would be laughable. Imagine the “right-to-work” and “forced unionism” dittoheads straining to argue that they should be allowed to make it more difficult for their employees to voluntarily pay dues to a union of their choosing. Oh, what an administrative burden for some back-office staffer at Paychex or ADP or one of the other small handful of companies to which basically every employer in America has subcontracted their payroll processing to tick a donation box! What a threat to democracy! Damn you, Nanny State!

Janus is an opportunity to break our understanding of “what a union is” into its component parts and decide what we want to keep and what requires change. Payroll deduction does not have to be limited to union shop contracts. Employees in every workplace in America deserve the immediate choice to join a union.

[This is the fourth of a four-part series on rebuilding labor after the Supreme Court’s Janus ruling. You can read the first part here, the second here and the third here. All four pieces, as well as an exclusive interview with Bernie Sanders on the future of the labor movement, are featured in the August 2018 issue of In These Times magazine.]