OSHA's handling of unsafe practices under Bush administration

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Investigating Workplace Safety
Why OSHA was Ineffective
Prior to the PBS investigation, OSHA was unable to bring about changes in the
unsafe work practices at McWane's various plants. The agency was aware of the problems
and had issued 30 citations for operating machines being operated without guards. OSHA
was aware of the high rate of injuries among maintenance workers in the Tyler, Texas plant
and the loss of limbs and deaths that had occurred. One OSHA worker has been quoted
making a comment about the obvious disfigurement of many workers in the plant.
However, at the time, there was no legislation that allowed the agency to take stronger
legal action against the company.
A PBS reporter learned of the unsafe conditions by running into an investigator from
the Justice Department, who intended to investigate a death at the plant. One of the
problems in enforcing regulations was that prosecuting a specific individual from the
company would be nearly impossible. Wrongful death at that time was classified as a
misdemeanor, rather than a felony. It would be impossible for the Justice Department to
prosecute anyone specific from McWane for the deaths of workers. McWane did get the
attention of Federal regulators, for its EPA violations, which is quickly addressed. To
address the high rate of employee injuries, McWane executives issued a memorandum that
held workers at fault for their own injuries, regardless of the situation (Barstow and
Bergman, 2003). Many Workers Compensation claims were denied and the company hired
an outside Occupational Healthcare provider to make determinations about injuries, laying
blame on employees most often. McWane was eventually prosecuted by the Justice
Department, owing several millions in fines for repeated OSHA safety violations in its
Birmingham, Alabama and Tyler, Texas plants.
Why the Union was Ineffective
The Union at the McWane Tyler Pipe facility was very weak. With the high turnover of
workers and reduction in more than half its number of workers, it became difficult for the
Union to maintain a strong presence. "The contract barred strikes, permitted 16-hour days and let
breaks be canceled" (Barstow & Bergman, 2003). There was no real representation for worker safety.
However, the purpose of a Union is among other things, to help ensure the safe and
proper working conditions of workers. Labor unions were established to help ensure safety
and proper working conditions for employees, from the beginning, when the first labor union
was formed. The labor union perspective is that most unsafe working conditions are caused
by management lack of willingness to address an unsafe condition, rather than from
employees behaving in an unsafe manner(O'Connor). Workers are often held responsible
for safety, even when measures to physically improve safety could be adopted by the
organization.
Though unions throughout history have taken great strides in making the workplace
safer, the trend today, in downsizing and cutting production worker jobs, has led to an
increase in safety hazards for workers. "The AFL-CIO released a report on April 26 that highlights
the increase in worker deaths from 2005 to 2006 and the inefficiencies of the OSH Act" (Torres, 2008).
Union safety representatives believe that they can do more for workers by educating them on safety
Issues, so they can more easily identify safety measures in the workplace that the organization should
address. Torres (2008) suggests that unions can do a better job of representing workers, when they
know what the issues are.
Most unions have an appointed safety officer though, who is familiar with or should be familiar
with OSHA standards, among other safety requirements. The safety officer should be working with the
organization ...