Using Health and Safety to Take the Offensive:

A Safer Workplace, A Stronger Union

Organizing, mobilizing, and educating around health and safety issues will put us on the offensive against employers' attempts to destroy our union. That means anticipating employer initiatives such as downsizing and job blackmail. There have been 44 explosions, fires and accidents since the last convention in 1994. Downsizing will increase the number of fires and explosions. The following tools will help us take the offensive.

I. INFORMATION FROM THE EMPLOYER

You have the right to information on the work environment. Some of this is through the National Labor Relations Board and some is through OSHA and EPA.

OSHA
You have the right to:
* a list of hazardous chemicals and training in those hazards under the Hazard Communication Standard 1910.1200
* material safety data sheets, exposure monitoring results, and your own and group medical records under the Access to Exposure and Medical Records Standard 1910.1020
* your employer's comprehensive plan for workplace safety, process and job hazard training and safety audits under the Process Safety Management Standard 1910.119
* Log of Occupational Injuries and Illnesses (you may request this for the past five years.)
* provisions of specific standards depending on workplace exposures

EPA
You have the right to:
* all material safety data sheets for any employer covered by the Superfund Amendments and Reauthorization Act (SARA), Title III Community Right-to-Know Tier I and II reports (explains how much of each substance is present at the site and how it is stored, where it is stored, the hazards and type such as explosion, fire, carcinogen.)
* the risk management plan required by the Clean Air Act
* The Risk Management Plan requires a worst-case scenario and plume modeling of hazardous substances.

II. UNION INITIATIVES

Triangle of Prevention (TOP) -- This is a negotiated, innovative health and safety site-specific program that involves a new system of tracking injuries and incidents, training all the workers at a site in the elements of the process safety management standard and management safety systems and how to report incidents and accidents; and a full time health and safety representative to administer the program.

Worker inspectors - OCAW has for years called for worker inspectors in every workplace who are deputized by the federal government to enforce all health and safety regulations. This is also part of the Labor Party platform. As an interim measure, OCAW recommends Right-to-Act legislation that will give workers a set of health and safety rights including:

* Allowing workers to inspect for hazards on a monthly basis
* Protecting health and safety representatives from harassment and discrimination while performing their duties
* Giving workers the right to shut down hazardous operations and enforcing all workers' right to refuse unsafe work
* Giving workers the power to investigate incidents to discover root causes and to force implementation of findings

You can initiate a Right-to-Act initiative in your state by getting in touch with your International Representative who will contact the Health and Safety Department for assistance.

III. COMMUNITY SUPPORT

Educate your community to worker job fears and the concept of Just Transition (maintaining workers' wages when toxic substances they produce are phased out or banned) through local training sessions arranged through the Health and Safety Department.

Identify a problem at your plant that you can mobilize the membership and community around; for example, inexperienced contractors conducting maintenance work that should be performed by OCAW members. The 1991 Gray Report looked at contract labor in the petrochemical industry and found that contract workers accounted for 54% of the hours worked during refinery turn-arounds or major maintenance periods.

Initiate local ordinances that will prescribe safe staffing levels and other health and safety measures. One such bill is being finalized for Contra Costa County in California. The Legal Department and Health and Safety Department are available to assist in this effort.

SUGGESTED ACTION PLAN FOR LOCALS

1. Hold membership meetings to discuss perceived health and safety issues at the plant and to explain your strategy to pursue remedies for these issues. Get your members on board.
2. Request information from your employer citing the appropriate federal standard or your right to information under the representational clause of the collective bargaining agreement. (Attached is a sample letter).
3. Analyze information received and establish priorities for action. For example: Occupational injuries and illnesses are low but you know incidents are high in plant. List this on priorities.
4. Invite the International to make a presentation to members and the employer on the Triangle of Prevention (TOP) program. Put TOP on the agenda for health and safety committee meetings until it is addressed. Make TOP a condition of Union involvement in Voluntary Protection Programs.
5. Sponsor a community/member training on job fear, the environment, and Just Transition. This is an hour training usually held on Saturdays.
6. Contact state representatives and get them interested in Right-to-Act legislation. Involve the community members who attended your training as well as local community groups.
7. Initiate a local ordinance that will address health and safety and staffing issues if you think your plant will be confronted with downsizing.

SAMPLE LETTER

HOW TO REQUEST MEDICAL AND MATERIAL SAFETY DATA SHEET INFORMATION
(SEND CERTIFIED MAIL, RETURN RECEIPT REQUESTED)

Dear____________________:

In order to appropriately represent our members, this
local union requests that the following information be
provided to us.  

A. Pursuant to OSHA Regulations 29 CFR 1910.1020, Access
to Employee Exposure and Medical Records (Effective
August 21, 1980):  

1. All employees' exposure records,
including all workplace monitoring and biological
monitoring results. Note that this includes a request
covering chemicals, noise, heat, cold, vibration,
pressure, and radiation exposure; 
2. Any analysis using these exposure records; 
3. Any analysis using employee medical records; and 
4. Copies of all Material Safety Data Sheets.  
This information must be provided within fifteen days at
no cost.

B. Pursuant to OSHA Regulation 29 CFR 1904.7, Access to
Records, Log and Summary of Occupational Injuries and
Illnesses (effective July 21, 1978):  

1. The log and summary of occupational injuries and
illnesses for the last five years.   

C. Pursuant to OSHA Standard 29 CFR 1910.1200, Hazard
Communication (fully effective Ma; 25, 1986):  

1. The entire written hazard communication program,
including the list of hazardous chemicals and explanation
of how you will inform employees of the hazards of
unlabeled pipes and non-routine tasks;
2. An explanation of how MSDSs will be readily accessible
to employees; 
3. If you do not have MSDSs for all hazardous chemicals
at this facility, please provide copies of documentation
indicating that your are attempting to obtain MSDSs from
your suppliers; and 
4. An explanation of how the training requirements of
this standard will be met.  

Consider this letter a standing request for updated
and/or new information pursuant to the above regulations. 
 
A designated representative of this local union is
prepared to meet with you if you have any questions
concerning this request.

Sincerely,   

cc: Regional Director 
    International Representative 
    Health and Safety Director