Hot Topics in Health and Safety-and Why Members Should Get Involved!

1. Hot Topics in Health and Safety-and Why Members Should Get Involved! Diane Matthew Brown Health and Safety Specialist Department of Research and Collective Bargaining Services

2. The Fight for Safe Workplaces • This year marks the 40th anniversary of OSHA. • But eight years of neglect and inaction by the Bush Administration seriously eroded safety and health protections and put workers’ lives in danger. • Every day in this country, an average of 14 workers die on the job as a result of workplace injuries.

3. The Fight for Safe Workplaces • In less than 3 months time, 41 workers killed in 3 major industrial disasters. • In 2008, 5,214 workers lost their lives on the job, and another 50,000 died from occupational diseases. • Over 8 million public employees STILL do not have safety and health protections on the job. • SO, WHAT ARE WE GOING TO DO ABOUT IT?

4. Protect America’s Workers Act! • HR 2067 introduced by Representative Lynn Woolsey (D-CA) April 23, 2009 • Sister Bill in Senate: S. 1580 • Referred to the House Committee on Education and Labor, Rep. George Miller, Chair • 72 co-sponsors- see who they are here: http://protectingworkers.org/node/25

5. Protect America’s Workers Act • Extends OSHA coverage to all public employees • This provision is threatened to be dropped from the bill! • Increases penalties to be meaningful deterrent to reckless employers • For the first time, employers could face criminal charges • Strengthens whistleblower provisions (11c) • Expands worker and Union rights in inspections and enforcement cases • Provides rights to victims families

6. Is Your State Covered by OSHA? Find out here: • http://www.osha.gov/dcsp/osp/states.html See the Protect America’s Workers Act here: http://www.govtrack.us/congress/billtext.xpd?bill=h111-2067

7. What AFSCME Activists Need To Do! • Even if your state already has OSH coverage this law is important to YOU! • Write a letter to Congress! Tell them to support the Protect America’s Workers Act! • Support State initiatives that expand health and safety protections. • Negotiate strong health and safety contract language!

8. Health and Safety Issues Every AFSCME Member Needs to Know • Global Harmonization • Infectious Diseases and H1N1 Update • What’s Up with Ergonomics? • Workplace Violence Initiatives • Other issues of note

9. What is the Global Harmonization System (GHS)? A consistent method of defining and classifying hazards of chemical products and mixtures, and communicating those hazards through standardized labels and data sheets

10. Global Harmonization and Right to Know • GHS will significantly change the Hazard Communication Standard (Hazcom), 29 CFR 1910.1200 • The current Hazcom standard is performance based and covers these five elements: • Chemical inventory • Written program • Labels and labeling systems • Material safety data sheets (MSDS) • Training • Other chemical specific standards may also be affected

11. What are the Major Changes? • Transition from performance oriented to a standardized approach. • Health, physical and environmental hazard criteria for substances and classification of mixtures. • Harmonized pictograms, hazard statements and signal words on labels. • 16 section standardized safety data sheet

12. Pictograms • 9 pictograms that convey a certain class of hazards • NOT required on all labels-depends on severity of hazard • Diamond shaped with red border • Similar to the DOT labels and placards • Pictograms would also be used on EPA regulated products (disinfectants, pesticides, herbicides, etc.)

13. Sample Label GHS

14. Identification of substance or mixture and of the supplier Hazard identification Information on ingredients First aid measures Firefighting measures Accidental release Handling and storage Exposure controls/PPE Stability and reactivity Health effects -Physical and chemical properties toxicity Ecological info* Disposal Transport Regulatory information-optional Other information incl. date of preparation or revision The Safety Data Sheet (SDS) ORDER IS SPECIFIC AND REQUIRED!

15. When Would GHS Take Affect? • Already taking affect in Europe and Canada • In the US proposed amendments to the OSHA Hazard Communication Standard were published 9/30/2009. • The proposed rule includes a two year transition period for training and a three year transition period for other parts of the standard

16. What AFSCME Activists Need To Do! • Make sure your union health and safety committees and labor-management committees are aware of upcoming changes • Hold your employer accountable-make sure chemical inventories, MSDS, and training are up to date • Look for an announcement on the Final Rule in the next year to 18 months • Look out for free training and Webinars from AFSCME!

17. Infectious Diseases • CA drafts and passes the country’s first Airborne Transmission Disease Standard • Support for a Federal standard grows. OSHA publishes a federal register notice requesting information on an infectious disease standard was published on May 6 and can be found at: http://edocket.access.gpo.gov/2010/pdf/2010-10694.pdf • 25 states now require hospitals to provide the public with report cards on their infection rates • 4 states and the VA mandate screening for Hospital Acquired Infections (HAI) incl. MRSA • Clostridium difficile (C.-diff) now # 1 HAI

18. Law Updates for HAIs

19. H1N1-Lessons Learned from the Pandemic • H1N1 2009 strain has affected over 214 countries and territories • World Health Organization puts the number of confirmed deaths at 17,798 (04/11/2010) • H1N1 2009 continues to be the predominate influenza worldwide

20. Statistics • Height of the second wave pandemic in the US was late October (week 43) • Not normal seasonal influenza pattern • CDC Case estimates (midrange) • 57 million cases • 257,000 Hospitalizations • 11,690 Deaths • Higher number of “healthy persons” with complications than seasonal flu • Among healthcare workers, Emergency Dept. personnel had the highest infection rate

21. Vaccine Production and Distribution • States underestimated number to order • About 155 million vaccines distributed • 86 million persons vaccinated • CDC made appeal for most at risk to be prioritized • “Slow grower” made quick mass production difficult • Single dose injections production takes longer • Some recalls due to poor efficacy

22. Working While Sick • Based on BLS survey data, it is estimated that nearly 8 million workers attended work while sick • Employees who attended work while ill may have infected another 7 million co-workers • Data suggests that 90% of public employees stayed home while ill-compared to 66% of the private sector

23. Concerns • Mandatory vaccination vs. voluntary programs • Essential vs. non-essential personnel • Definition? • Can’t have it both ways • Sick leave policies, out of leave or attendance issues • Respiratory protection: surgical masks vs. N95s • Surge capacity issues • Physicians did not want to see patients-what about doctor’s notes?

24. Sources of Information • CDC free resources flu page: http://www.cdc.gov/flu/freeresources/additional_print.htm • WHO flu updates: http://www.who.int/csr/don/2010_03_12/en/index.html • BNA Briefing report “Sick at Work” http://op.bna.com/dlrcases.nsf/id/czon-82gr94/$File/sick.pdf

25. What AFSCME Activists Need To Do! • Provide comments if appropriate and support an expanded infectious disease standard by lobbying your State and Federal representatives • Support voluntary vaccination programs • Best control for contagious individuals is containment; therefore allowing people to stay home while sick is key • Revisit contract language and family leave policies • Pandemic flu planning fully integrated into emergency preparedness plans.

26. Ergonomics • History-Ergonomic standard revoked via Congressional Review Act by the Bush Administration • Notice to put the MSD column back on the 300 log out for public comment • OSHA to update their guidance documents • Ergonomics could be dealt with sector by sector • HUGE resistance by industry, even though ergonomic injury rates to workers are high

27. Safe Patient Handling • Several States (Illinois, Maryland, Minnesota, New Jersey, New York, Ohio, Rhode Island, Texas, and Washington) have enacted safe patient handling laws and initiatives • Win-win for both patient and staff • Clear cost benefits-research studies show a drop in injuries to both patients and staff when enacting safe patient handling procedures • Hearings on May 11, 2009 on the Federal Bill: Nurse and Health Care Worker Protection Act of 2009, S 1788 in the SenateBill with a sister bill # H.R.2381in the House

28. ME WA MT ND VT NH MN OR NY MA WI ID SD CT MI RI WY PA NJ IA NE OH MD DE NV IN IL WV UT VA DC CO CA MO KS KY NC TN SC OK AR AZ NM GA AL MS AK TX LA FL Enacted legislation/adopted regulations to date; (9 states): IL, MD, MN, NJ, NY, OH, RI, TX, and WA, plus a resolution from HI. Legislation introduced in 2010; (7 states): HI, MA, MI, MN, MO, NY, VT HI Source ANA February 2010

30. What AFSCME Activists Need To Do! • Does your state have a safe patient handling law? Find out! • Partner with patient care/quality groups and other health care unions to enact legislation in your state • Do you work in a health care facility? Work with labor-management to enact a no-lift policy at your facility! • Contact your Senators and Representatives to support the Nurse and Health Care Worker Protection Act!

31. Other State Safety Initiatives • On September 1, 2009, the Illinois Public Employee Only (PEO) State Plan was approved as a developmental plan under Section 18 of the Occupational Safety and Health Act of 1970 and 29 CFR 1956. http://www.state.il.us/agency/idol/ • Green Cleaning Movement-several states are requiring “green” products be purchased (esp. schools) http://www.epa.gov/dfe/tools/ http://www.epa.gov/epp/pubs/products/cleaning.htm • Workplace Violence Initiatives: NY, WA, IN, CA, MN and others: http://www.osha.gov/dcsp/osp/work_violence.html • Work zone safety initiatives nationwide

32. What AFSCME Activists Need To Do! • Survey your co-workers-what are the most pressing issues at your worksite? • Photograph and document! • Bring up safety issues at every labor-management meeting! • Lobby locally for safety improvements! • Email/write/call your Representatives!

33. Additional Sources of Information • Global Harmonization: http://www.osha.gov/dsg/hazcom/ghs.html • Society for Chemical Hazard Communication: www.schc.org • CA Airborne Diseases Standard: http://www.dir.ca.gov/title8/5199.html • Ergonomics: http://www.osha.gov/SLTC/ergonomics/index.html http://www.cdc.gov/niosh/topics/ergonomics/