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Thursday, February 02, 2006
PERMALINK Posted 8:25 PM by Jordan
What's More Effective? OSHA Penalties or Suing the Bastards?
In a perfect world, we would have strong workplace
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safety standards and the penalties for violating those standards would be strong enough that safety would
I have three pictures side by side in my house: John L. Lewis, Franklin Delano Roosevelt and Jesus. I draw Social Security on account of FDR. I draw a pension on account of John L. Lewis, and I'm going to Heaven because of Jesus.
rise significantly farther up the average company's list of priorities than where it generally rests now -somewhere in the basement.
Now, for those of you who just landed here in a spaceship from Mars, we don't have that kind of system here in the U.S. When it comes to workplace safety, we
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have government agencies (OSHA and MSHA)that are
-- Jack McReynolds, 70, retired
incapable of issuing any new safety or health
miner, West Frankfort, KY
standards, and even when it enforces the existing
standards, the penalties are so low that they barely
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raise a pimple on the average corporate bottom line even when a worker is killed and even when the
AFL-CIO Now employer knowingly sent him or her into an unsafe News From The AFL-CIO environment. Much of the continuing weakness of these
agencies is a result of corporate/Republican campaigns
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to weaken OSHA and MSHA with accusations of abusing
small businesses, killing jobs, undermining capitalism
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business community.
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Chris Mooney But we also have another system in this country where The politics of science citizens can sue companies when corperate negligence
Communicate or Die results in injuries, illnesses or deaths. Some of these American Labor Unions and the Internet lawsuits (called Torts, for you non-lawyers out there)
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can result in pretty hefty fines. Because these cases
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can result in meaningful penalties, corporate
America/Republicans are mounting "Tort Reform"
Daily Kos campaigns designed to weaken citizens' ability to win A must read for all political junkies meaningful awards. Workers usually can't even use the
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Politics, Policy and the American Dream exceptions, prohibit workers from suing their employer.
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OSHA cites Quality Window Cleaning after its failure to train window washer Les James, resulting in his death after he fell less than an hour after he began work. Penalty: $2700
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James's family, which somehow got around the Workers Comp law, sues Quality Window Cleaning Award: $7.2 million.
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others injured.
Politics, economics and labor issues At his confirmation hearing earlier this week for head of
Political Animal OSHA, Ed Foulke was asked by Senator Mike DeWine
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Foulke said his primary goal was to ensure all employers comply with safety standards. Then, he said, he wants to create an atmosphere in which employers automatically put health and safety first in all business planning and decisions.
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When he visits a company, Foulke said, "and they talk about safety and health first in all their meetings, you know they get it. We need to get that mindset in all workplaces, [that] safety is a priority."
Suburban Guerrilla OK, I'm a believer. But what's more likely to encourage Wit, wisdom and politics by a reformed a company -- or an entire industry -- to raise safety to
journalist the top of the meeting agenda: OSHA penalties or law Talking Points suits?
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