April 28, 2011
It’s Workers Memorial Day — a time to honor, or at least stop and think about, the workers who have lost their lives on the job. While the Occupational Safety and Health Act (OSHA) has greatly decreased the number of workplace deaths and injuries in the 40 years since it was passed, there are still too many.
Big explosions and disasters draw headlines and attention, but many more workers lose their lives in ways that don’t get widespread notice — but are no less painful for their families and friends.
The AFL-CIO’s Death on the Job (PDF) report finds that:
In 2009, according to preliminary data from the Bureau of Labor Statistics, 4,340 workers were killed on the job—an average of 12 workers every day—and an estimated 50,000 died from occupational diseases. More than 4.1 million work-related injuries and illnesses were reported, but this number understates the problem. The true toll of job injuries is two to three times greater—about 8 million to 12 million job injuries and illnesses each year.
The risks are not evenly distributed. Workers are much more likely to be killed in some states than others:
The risk of job fatalities and injuries varies widely from state to state, in part due to the mix of industries. Montana led the country with the highest fatality rate (10.8 per 100,000), followed by Louisiana and North Dakota (7.2), Wyoming (6.8) and Nebraska (6.1). The lowest state fatality rate (0.9 per 100,000) was reported in New Hampshire, followed by Rhode Island (1.4), Arizona (1.8), Massachusetts (1.8) and Delaware (1.8). This compares with a preliminary national fatality rate of 3.3 per 100,000 workers in 2009.
And Latino workers have an increased risk of fatalities: 3.7 per 100,000 workers as opposed to that national rate of 3.3.
The penalties for violations and fatalities are too low to deter employers from risking their workers’ lives:
For FY 2010, the median initial total penalty in fatality cases investigated by federal OSHA was $7,000, with a median penalty after settlement of $5,600.
That’s in cases where someone died. The average penalty for a serious violation of the law just on its own was $1,052 for federal OSHA.
Penalties also vary state by state:
Oregon had the lowest median current penalty for fatality investigations, with $1,500 in penalties assessed, followed by Wyoming ($2,063) and Kentucky ($2,275). New Hampshire had the highest median current penalty ($142,000), followed by Minnesota ($26,050) and Missouri ($21,000).
Criminal investigations? Forget about it:
Since 1970, only 84 cases have been prosecuted, with defendants serving a total of 89 months in jail. During this time there were more than 360,000 worker deaths. By comparison, in FY 2010 there were 346 criminal enforcement cases initiated under federal environmental laws and 289 defendants charged, resulting in 72 years of jail time and $41 million in penalties—more cases, fines and jail time in one year than during OSHA’s entire history.
On Workers Memorial Day, the best way to honor workers who have lost their lives on the job is to fight to prevent future workplace fatalities. That means more funding for the Occupational Safety and Health Administration and the Mine Safety and Health Administration. More inspectors checking to make sure workplaces are safe, not less. More prosecutions and higher penalties, to give employers added reason to think twice about committing safety violations (and how sad is it that workers’ lives are not enough reason). And passing the Protecting America’s Workers Act (PDF) to update OSHA and fill some of its gaps.