Thursday, August 14, 2014

Fwd: The DOL Newsletter - August 14, 2014: Progress on Raising the Minimum Wage; Mine Rescue Contest; Law to Bolster Job Training



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From: United States Department of Labor <subscriptions@subscriptions.dol.gov>
Date: Thu, Aug 14, 2014 at 6:36 PM
Subject: The DOL Newsletter - August 14, 2014: Progress on Raising the Minimum Wage; Mine Rescue Contest; Law to Bolster Job Training
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DOL News Brief
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August 14, 2014
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By The Numbers By The Numbers: $45.7 billion has been paid out in black lung benefits since 1970.

Workplace Wage Myth Buster

Myth: Most workers do not have access to employer-sponsored retirement or health benefits.

Fact: About 54 percent of America's workers have access to employer-sponsored retirement benefits. And nearly 6 in 10 receive health coverage through their employers. This year marks the 40th anniversary of the Employee Retirement Income Security Act, the law that protects 684,000 retirement plans, 2.4 million health plans and 2.4 million additional welfare benefit plans. These plans cover 141 million workers and beneficiaries, and include more than $7.6 trillion in assets.


Work In Progress: The Best of Our Blog

Each week, this space will bring you the best from our (Work in Progress) blog.

American Horror Story: Nearly 2 million Americans report cases of workplace violence each year. Recent incidents at New York's Rikers Island correctional facility and Brookdale University Medical Center reinforce the importance of addressing this issue. Deputy Assistant Secretary for Occupational Safety and Health Jordan Barab writes about the responsibility of employers to provide comprehensive workplace violence prevention programs and what those programs should include.

Timing Is Everything: If you've ever missed an opportunity because you were late or made plans at the last minute, you know that timing is everything. Phyllis Borzi, assistant secretary of labor for employee benefits security, writes about decisions people close to retirement need to make to ensure their hard work and savings pay off.

Why Working Two Jobs Isn't Enough: Amanda DeShazo of Tacoma, Wash., works two jobs as a retail sales associate and as a server to support herself — but that still isn't enough to make ends meet. A guest blog contributor, she writes about how President Obama's plan to raise the federal minimum wage to $10.10 an hour could help her and millions of other Americans from having to make difficult decisions like choosing between paying rent or paying student loans on time.


DOL A to Z
U: USERRA

This week's phrase is USERRA. The Uniformed Services Employment & Reemployment Rights Act protects service members' civilian jobs while they perform military service, and prohibits employment discrimination based on past, present or intended service.

Learn About USERRA
See All the A-Z Terms


Transitioning to Civilian Work

VETS Deputy Assistant Secretary Terry Gerton, with microphone, at Fort Bragg, N.C., discussing how DOL helps military service members transition to civilian jobs.. Click for a larger photo.

Connecting the nation's newest veterans to companies that need employees who are disciplined and perform well under pressure is one of the top goals of the Veterans' Employment and Training Service. On Aug. 12, Terry Gerton, deputy assistant secretary of labor for policy in VETS and a 20-year Army veteran, met with military leaders and participated in panel discussions at the Fort Bragg, N.C., Transition Summit. The summit helped inform about 1,200 soldiers and family members who are transitioning from the military, as well as employers looking to hire them, about the free resources available through VETS, the Department of Veterans Affairs, and the U.S. Chamber of Commerce's Hiring Our Heroes initiative. "It is essential that our service members and their families be aware of the resources DOL offers prior to discharge from the military so they can take advantage of our services and get that great job after uniformed service," Gerton said. "Visiting an American Job Center should be part of everyone's transition plan."


Collaborating Across Industries

The annual conference of the National Industry Liaison Group in Washington, D.C., brought together 700 equal employment opportunity professionals from around the country. Conference participants discussed how to improve contractor compliance with laws and regulations related to civil rights and equal opportunity. On Aug. 7, Assistant Secretary of Labor for Disability Employment Policy Kathy Martinez talked about civil rights, Section 503 and strategies for encouraging employees to self-disclose their disabilities, as well as ways to build an inclusive workplace. Patricia A. Shiu, director of the Office of Federal Contract Compliance Programs, closed out the conference on Aug. 8, saying, "Federal contractors and subcontractors should be model employers just as we, in the federal government, must be with our employment practices. This is the responsibility we share as employers who receive taxpayer dollars." Earlier in the conference, Secretary Perez delivered the opening remarks.

Read Director Shiu's Remarks
Learn About NILG


Robins Air Base Safety Partnership

From left, Col. Christopher D. Hill, installation commander; Bill Best, Robbins safety team; William Fulcher, area director, Atlanta East Area Office; Robert Tidwell, president of AFGE Local 987; and Todd Surber president of IAFF Local F107, after signing of the agreement. Click for a larger photo.

Robins Air Force Base, local unions and the Occupational Safety and Health Administration signed an alliance on Aug. 8 to partner on training and education. The purpose of the agreement, signed at Building 169 on the base in Macon, Ga., is to promote better safety training, improve communication and ensure employees are able to report safety issues. Building 169 was the focal point of an extensive OSHA investigation four years ago. During that investigation, OSHA issued 39 citations for worker exposure to hexavalent chromium, lead and other chemicals.


Promise in San Antonio

Nick Lalpui, regional administrator for ETA, at panel discussion in San Antonio. Click for a larger photo.

San Antonio for Growth on the Eastside hosted a Promise Zone 101 conference for area businesses and organizations on Aug. 13. The Eastside Promise Zone is one of five communities designated by the Obama administration that received increased federal resources and assistance to grow the local economy and provide opportunities for residents and businesses. Nick Lalpuis, regional administrator for the Employment and Training Administration, participated in a panel discussion at the Freeman Coliseum Expo Hall in San Antonio, where he talked about a recent YouthBuild grant awarded to Promise Zone partner George Gervin Youth Center.


Tree-trimming Hazard Bulletin

If a tree falls in a forest, does it make a sound? Unfortunately, many trees do not fall in a forest, but rather in residential areas, on power lines and in locations where trimming or moving them is a necessity. That also presents numerous potential hazards, including falling objects and electrocution. To bolster awareness, the Occupational Safety and Health Administration recently issued a hazard bulletin in English and Spanish with information on how to identify hazards and prevent them from causing serious injury or death. The bulletin details two fatal tree care incidents to emphasize the human cost when employers fail to prioritize worker safety.

Read the Hazard Alert
Learn About the Tree Care Industry


Worker Safety in Louisiana

Protecting workers from construction hazards is the goal of a renewed alliance agreement between the Occupational Safety and Health Administration and the Associated Builders and Contractors, Pelican Chapter, in Baton Rouge, La. The goals of the alliance will continue to be achieved through information sharing and guidance, and providing access to training resources to protect employees' health and safety. Focus continues on reducing and preventing exposure to fall hazards — the leading cause of fatalities in the construction industry — electrical hazards and struck-by and caught-in-between hazards from vehicles, cranes and other machinery.

Read the News Release


Outreach in San Diego

View an Infographic About the AAPI Population. View an Infographic About the AAPI Population

Wage and Hour's district director in San Diego, Rudy Cortez, served as a panelist at a workshop held during the White House Initiative on Asian Americans and Pacific Islanders' 11th National Empowerment Conference. At the event, which took place in San Diego Aug. 7-10, Cortez discussed protections and resources available to workers and employers.

View an Infographic About the AAPI Population
View an Infographic About the Initiative Priorities


Pact With Philippine Consulate

Arlene Magno, first secretary and consul at the Philippine Embassy, left, and Jamie Benefiel, the Wage and Hour Division South Carolina district director, exchange congratulations after signing of agreement. Click for a larger photo.

The Wage and Hour Division's North Carolina and South Carolina District Offices entered into an Agreement Establishing an Understanding with the Philippine Consulate on Aug. 1 in Charleston, S.C. District Director Jamie Benefiel signed the agreement, which establishes a collaborative relationship to inform Philippine nationals about their rights, with the goal of reducing violations of the minimum wage, overtime, record keeping, child labor, safe housing and transportation provisions of the laws and regulations enforced by the division.


Migrant Worker Training

In an effort to ensure that migrant and seasonal farm workers have an equal opportunity for employment in high-growth and high-demand occupations, the Office of Federal Contract Compliance Programs took part in the Delta Association for Rural Initiatives 23rd annual Leadership and Training Conference on July 29-30, in Biloxi, Miss.. The conference was sponsored by the Mississippi Delta Council for Farm Workers Opportunities Inc. Workshop training sessions featured presentations from OFCCP, the Wage and Hour Division, the Occupational Safety and Health Administration and the Social Security Administration. OFCCP provided an overview of the laws and regulations it enforces and updates to Section 503 of the Rehabilitation Act and the Vietnam Era Veterans' Readjustment Assistance Act. More than 90 people from 11 states attended the conference.


Honduran Consulate Agreement

The Occupational Safety and Health Administration has signed an alliance with the Consulate General of Honduras to provide vital workplace rights information to Honduran workers and their employers in California, Oregon, Washington, Alaska and Idaho. OSHA and the consulate will deliver information promoting workers' understanding of their rights in the workplace and responsibilities of employers under the Occupational Safety and Health Act. OSHA and the consulate will communicate this information to employers, and they also have agreed to speak and appear at each other's outreach events.

Read the News Release


South Carolina Disability Seminar

Katie Turner-Pouchie, assistant district director, Wage and Hour Division, Montgomery Ala., at the 14 (C) seminar. Click for a larger photo.

Nearly 70 section 14(C) certificate holders attended a seminar hosted by the Wage and Hour Division in Columbia, S.C., on Aug. 7. The attendees, traveling from Kentucky, Tennessee, and South Carolina, employ thousands of area workers with disabilities who receive sub-minimum wages. The seminar covered topics such as coverage, prevailing wage survey, task analysis, piece rates and record keeping. Section 14(C) of the Fair Labor Standards Act authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay special minimum wages — those less than the federal minimum wage — to workers who have disabilities. The event concluded with a roundtable discussion of the best practices and the certification process.


Weekly UI Claims

The department reported that the advance figure for seasonally adjusted initial Unemployment Insurance claims was 311,000 for the week ending Aug. 9, an increase of 21,000 from the previous week's revised level. The four-week moving average was 295,750, up 2,000 from the previous week's revised average.

Read the News Release


Upcoming Deadlines & Events

Open Funding Opportunities

EBSA — Health Benefits Laws Compliance Assistance Seminar

August 20 — Bothell, WA
August 21 — Bothell, WA
September 9 — Los Angeles, CA

ODEP — Improving Job Opportunities for Georgians with Disabilities

August 27 — Warm Springs, GA

OFCCP — Construction 16 EEO & Affirmative Action Requirements

August 19 — Jackson, MS
August 19 — Birmingham, AL
August 26 — Atlanta, GA

OFCCP — Incentives and Resources for Hiring People with Past Criminal Records

August 27 — San Francisco, CA

OFCCP — Open House/Networking Event

September 9 — Houston, TX

OFCCP — Section 503 and VEVRAA Regulations Update

August 21 — Dallas, TX

OFCCP — Technical Assistance Workshop for New Federal Contractors and Small Federal Contractors

August 19 — Seattle, WA

OFCCP — Understanding the Nuts and Bolts of a Construction Audit

August 24 — Houston, TX

OFCCP — What to Expect During an OFCCP Audit

August 19 — Atlanta, GA

OSHA — Maritime Advisory Committee for Occupational Safety and Health Meeting

August 19 — Washington, DC
August 20 — Washington, DC

OSHA — Whistleblower Protection Advisory Committee Meeting

September 3 — Washington, DC
September 4 — Washington, DC

OWCP — Town Hall Meetings to assist nuclear weapons workers

August 19 — Window Rock, AZ
August 20 — North Augusta, SC
August 20 — Shiprock, NM
August 26 — Richland, WA
August 27 — Spokane, WA


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What's New

Progress Report: Raising the Minimum Wage

I support raising the minimum wage. Read the White House Progress Report.

From cities, counties and states to local businesses, momentum is building to raise the national minimum wage. U.S. Secretary of Labor Thomas E. Perez, along with Connecticut Gov. Dannel Malloy, Director of the National Economic Council Jeff Zients, and Bob Hartzell, CEO of the pet store chain Chuck & Don's, discussed the issue and highlighted a new White House report during a news media conference call on Aug. 12. As the report outlines, since early 2013 — when President Obama first called for a minimum wage increase — 13 states and the District of Columbia have passed increases to their minimum wages, which will benefit about 7 million workers. During the call, Perez shared his personal, on-the-ground insight into the broad-based support for higher wages, including a visit to Hartzell's Minnesota store. "Businesses that are paying at or above the minimum wage are doing it not just because it's the right thing to do by their workers, but also because it's the smart thing to do for their business," said Perez. "They know that higher pay improves morale and productivity, while reducing training and turnover expenses. And that improves the bottom line."

Read the White House Progress Report
Learn About the Minimum Wage


National News

Acclimatization Is Key to Preventing Heat-Related Illnesses, Deaths

The primary risk factor for heat-related worker illnesses and fatalities is the lack of acclimatization programs, an Occupational Safety and Health Administration review has found. The Center for Disease Control published OSHA's study, which examined 20 heat-related enforcement cases from 2012-2013, in its Morbidity and Mortality Weekly Report on Aug. 7. In all 20 cases, heat illness prevention programs were found to be incomplete or absent, and no provision was made for acclimatizing new workers to the heat. Acclimatization is the process of gradually building up workloads and exposure to heat by taking frequent breaks for water and rest in shade or air conditioning. To raise awareness among workers and employers about the risks for heat-related illness or death and provide tools to help prevent them, OSHA's national Campaign to Prevent Heat Illness in Workers is now in its fourth year.

Read the News Release
Read the Report
Learn About Heat Illness Campaign

Mining's 'Special Breed' on Display

Mine rescue team members conduct an equipment check before the field exercise begins. Click to view the slideshow.

When a fire breaks out, a roof collapses or an explosion occurs in an underground mine, specially trained men and women quickly respond to the scene. They are members of one of dozens of mine rescue teams around the country and, recently, 41 teams from 18 states participated in the 2014 National Metal and Nonmetal Mine Rescue Contest in Lexington, Ky. Competitions provide a venue for rescue teams to practice their skills so that, in the event of an actual mine emergency, they will be ready to answer the call for help. In the field competition, five-member teams are required to search and account for all missing miners following standard procedures. The two-man technician team must ensure that multi-gas and self-contained breathing apparatuses are in proper working condition. In the first-aid competition, teams must be prepared to deal with medical emergency techniques, such as cardiopulmonary resuscitation and control of bleeding, as well as the treatment of physical shock, wounds, burns and musculoskeletal injuries. The team trainer test consists of multiple-choice and true-false questions. "Mine rescuers are truly a special breed of people," said Joseph A. Main, assistant secretary of labor for mine safety and health." These brave, selfless individuals are called up at a moment's notice to travel miles underground, often in extreme conditions. We owe them our gratitude and support, and the best training available for these high-risk missions."

Read the News Release
See the List of Winners
Read the Blog Post
View the Slideshow


Take Three:

The Workforce Innovation and Opportunity Act

On July 22, President Obama signed the Workforce Innovation and Opportunity Act into law. This is the first major update to federal job training programs in more than 15 years. Portia Wu, assistant secretary for employment and training, answers three questions on how this law is helping to prepare workers for jobs available today and in the future.

What will WIOA do? WIOA will modernize federal job training programs by streamlining and coordinating employment, education and training services provided by states. It will elevate work-based training options like Registered Apprenticeship and on-the-job training programs. And it will foster greater innovation to ensure workers are getting the right training to prepare them for the 21st century economy.

How is this good for job seekers and employers? WIOA will provide job-seekers with improved tools to identify and access training options and other employment services best suited to their needs that lead to industry-recognized credentials. And businesses will have stronger connections to the system, with better access to resources to find and train the skilled workers they need to grow their companies.

What are the next steps? Now comes the hard, but most important, part — implementing the law. Before the law begins to take effect on July 1, 2015, we will be working with our federal partners to set the foundations in place. We will engage in a series of listening sessions with stakeholders in the workforce communities to better understand how this law can meet their needs and put American workers in the best possible position to compete successfully in the global economy.

Read the Blog Post
Learn About WIOA


DOL Working for You

LA Fellows Program Helps Long-Term Unemployed Find New Careers

From left, Richard Tom, Christine Stenberg, Ben Seigel, Gigi Nang, and Dana Chotiner. Click for a larger photo.

The LA Fellows program combines professional development and volunteerism as a meaningful path to reemployment for the long-term unemployed. The program, established in 2010, is a partnership between the Los Angeles Valley College and the City of Los Angeles Workforce Board, which receives funding from the department. LA Fellows helps people by reducing résumé gaps and building professional networks through nonprofit service work, while also providing new job search techniques for career or industry transitions. Richard Tom was an attorney at a corporate law firm for 20 years until his division was eliminated. He was out of work for 21 months and out of options when he learned about LA Fellows. Tom enrolled in the program and learned new job search techniques and is now deputy city attorney for the Los Angeles Department of Water & Power. Christine Stenberg lost her job in IT management, but with the help of LA Fellows, she revamped her résumé and landed an IT management job with the National Notary Association. Gigi Nang, after starting a family, found it challenging to get back into the labor market. She became an LA Fellow, volunteered at the Center for Nonprofit Management, and then was hired by the center as a project assistant. Dana Chotiner had a successful career as a producer and editor in the entertainment industry before enduring an 8-month stint of joblessness. Through LA Fellows, she volunteered at a startup nonprofit called Operation Gratitude, sending care packages to military service members and veterans. Chotiner was then hired full-time and is now the center's director of corporate relations and events. "LA Fellows is an innovative, win-win model that is achieving lasting results for mid-career, long-term unemployed individuals, while also benefiting the larger community and employers in search of great employees," said Ben Seigel, senior policy advisor at the Employment and Training Administration.

Learn About LA Fellows


Around DOL

Meeting Milestones on Going Green

The department recently scored as one of the top Cabinet-level agencies meeting goals and targets for environmental, energy and economic performance sustainability in the government. One of President Obama's earliest executive orders raised the bar for agencies to cut the amount of greenhouse gases they produce and to adopt technologies and materials to make federal buildings greener. Agencies were assessed based on the following standards, established by the Office of Management and Budget and Council on Environmental Quality: greenhouse gas, energy intensity, renewable energy, potable water, fleet petroleum use and green buildings.

Read News Article

High Marks for 'Operation: Backpack'

From left, Julie Balster, Chris Oxford, Alisa Tanaka-Dodge, Daniel Hays, and Amy Chen.. Click for a larger photo.

Needy children in the Washington, D.C.-area can start the school year right, thanks to the combined forces of local organizations that participated in a community service project known as Operation: Backpack. The department, along with six employee organizations — Blacks in Government-DOL, DC Chapter of the International Association of Workforce Professionals, DOL-Asian Pacific American Council, League of United Latin American Citizens, Pride at DOL and Toastmasters' Belaborers — provided 58 backpacks filled with must-have supplies for 3rd grade and 4th grade students. In addition to the well-stocked backpacks, volunteers collected and delivered four boxes of assorted school supplies to the Central Union Mission. These generous donations from employees will help students return to school confident and better prepared to learn and succeed.

Congratulations, Graduates!

Pre-kindergarten graduates of the Department of Labor's Esther Peterson Child Development Center and staff celebrate and smile for the camera.  Click for a larger photo.

"Always play well with others." The time-tested adage was shared by Secretary Perez at a ceremony for 14 pre-kindergarten graduates of the department's Esther Peterson Child Development Center on Aug. 8. During the ceremony, students happily performed songs and expressed what they want to be when they grow up. Based on their testimonials, the future includes race car drivers, soccer players, Olympians, veterinarians and even a tooth fairy.

Learn About the Child Development Center


DOL in Action

Film Production Company Cited in Death of Crew Member

Film Allman LLC, the production company behind the upcoming Gregg Allman biopic, was cited for safety violations by the Occupational Safety and Health Administration following the death of a crew member. Sarah Jones, a 27-year-old camera assistant, was killed and eight other workers were injured while trying to escape an oncoming freight train during the filming of a scene on a train trestle. OSHA initiated the inspection in response to the incident, issuing a willful citation for the employer's failure to provide safety measures to protect employees from moving trains and failure to obtain permission from the rail owner to film on the train tracks. A serious citation was issued for exposing workers to fall hazards while working on a train trestle without safety guardrails or fall protection. "Employers are responsible for taking the necessary precautions to protect workers' health and safety, and the entertainment industry is no exception," said Assistant Secretary for Occupational Safety and Health Dr. David Michaels.

Read the News Release

Rikers Island Correctional Facility Inadequately Protected Staff

Corizon Health Inc., a company that provides medical, dental and psychiatric services to inmates at the Rikers Island correctional facility in New York City, faces $71,000 in fines after it knowingly failed to protect its employees adequately against workplace violence and assault, according to an inspection by the Occupational Safety and Health Administration. OSHA's Manhattan Area Office launched an inspection in February and cited Corizon for failing to develop and implement an effective workplace violence prevention program for its Rikers Island employees. During the course of OSHA's investigation, six workplace violence-related incidents occurred. In one incident a Corizon employee was locked in a cell by an inmate, and in another, inmates circulated a hit list targeting Corizon staff members.

Read the News Release
View the Citations

Brooklyn Hospital Employees Faced Assaults, Inspection Finds

Employees of Brookdale University Hospital and Medical Center in Brooklyn were exposed to head, eye, face and groin injuries and intimidation and threats during routine interactions with patients and visitors. According to an inspection by the Occupational Safety and Health Administration, the employer failed to adequately protect employees against workplace violence. The medical center faces $78,000 in fines and was cited for one willful violation following an inspection that began in February in response to a complaint. OSHA found approximately 40 incidents of workplace violence reported in a two-month period, in which employees were threatened or physically and verbally assaulted by patients and visitors. The most serious incident was the Feb. 7 assault of a nurse who sustained severe brain injuries when she was attacked on the job.

Read the News Release
View the Citations

Security Guards Receive Back Pay

Two commercial and residential security services providers in Peoria, Ariz., have paid $70,633 in back wages to 203 workers. Special Security Force Inc. and United Metro Security Force LLC also paid $24,849 in penalties. A Wage and Hour investigation established that the workers did not receive additional half-time pay for hours worked over 40 in a workweek. The employer paid security guards only for "scheduled" hours and not their actual hours worked, which often exceeded 40, and often made improper deductions to cover the costs of uniforms, cleaning fees, security equipment and other miscellaneous items.

Arizona Piping Company Pays Overtime Back Wages

Speedy Gonzalez Construction, a contractor specializing in underground piping for consumer electrical services in Glendale, Ariz., has paid $152,615 in back wages owed 41 workers for overtime violations. An investigation by the Wage and Hour Division determined that workers were routinely not paid for duties performed at the beginning of the work day. The affected employees also were not paid for travel time between the shop and the job sites. In addition, 22 foremen were misclassified as exempt for overtime.

Manufacturer Fails to Control Unexpected Machine Startups

Plastic Systems LLC in El Paso, Texas, was cited by the Occupational Safety and Health Administration, for failing to develop adequate lockout/tagout procedures to control the unexpected startup of the company's plastic injection molding machines. During the February inspection, which was prompted by a referral made during a health inspection initiated under the Combustible Dust National Emphasis Program, OSHA cited the company with 21 safety and health violations. Violations included failure to ensure workers understood the type and magnitude of energy that needed lockout control; provide machine guarding on injection molding machines, and replace damaged circuit breaker boxes. Proposed penalties total $174,240.

Read the News Release

Multiple Hazards Found at Georgia Plant

Rust-Oleum Corp., doing business as Synta Inc., was cited by the Occupational Safety and Health Administration for 33 serious safety and health violations following an inspection at the paint production facility in Clarkston, Ga. The violations included exposing workers to hazards such as crystalline silica dust and amputations. The agency initiated its inspection in February, following a complaint alleging improper storage of material and inadequate forklift training. OSHA has conducted six previous inspections at Synta in the last five years. Most recently, in April 2012, Synta was cited for failure to have machine guarding, an eyewash station and a hazard communication plan. Proposed penalties total $188,500.

Read the News Release

Oregon Trucking Company Ordered to Reinstate Driver

An Oregon trucker wrongly fired for refusing to drive an unsafe vehicle will get her job back, plus reimbursement for back wages and compensation for fees associated with the case, after an investigation by the Occupational Safety and Health Administration. Terry Unrein, an independent trucking contractor in Gresham, Ore., has been ordered to reinstate a driver fired in late 2011 for refusing to drive a truck with inadequate tire tread on public highways. Driving under these conditions violates federal transportation regulations enforced by the Department of Transportation's Federal Motor Carrier Safety Administration. The driver filed a whistleblower complaint, and OSHA found that the driver's termination violated the Surface Transportation Assistance Act's employee protection provisions.

Read the News Release

Caregivers for Elderly to Receive Back Pay

Bellaken Health Group Inc. and Marina Garden Nursing Center Inc. of Oakland and Alameda, Calif., have agreed to pay $471,618 in overtime wages and damages to 132 employees. San Francisco-based Wage and Hour investigators found that the skilled nursing facilities, under common ownership, failed to pay overtime compensation for hours worked beyond 40 in a workweek at both locations, in violation of the Fair Labor Standards Act.

San Francisco Graphics Company Misclassified Workers

Blueprint Studios Trends Inc. will pay $246,063 in back wages and damages due to 87 employees. A Wage and Hour investigation found that the San Francisco-based employer misclassified several employees as independent contractors and exempt from overtime pay, in violation of the Fair Labor Standards Act.

American Samoa Government Workers to Receive Back Pay

As a result of an investigation conducted by the Wage Hour Division, the American Samoa Government agreed to pay $177,300 in predominantly overtime back wages to 111 workers employed throughout the government by Aug. 27. The American Samoa Government also failed to pay an additional 1,491 workers for 133,354 overtime hours worked. These back wages will be paid back to the affected workers throughout the year. "The latest findings reflect our continuing collaborative efforts with American Samoa government officials to correct past deficiencies in the manner in which work hours were recorded and paid," said Terence Trotter, the division's district director in Hawaii. "We will continue to train their staff on the compliance principles of the Fair Labor Standards Act."

St. Louis Union to Rerun Officer Election

Amalgamated Transit Union Local Division 788 in St. Louis, Mo., recently agreed to conduct new nominations and a new election for the office of 1st Shed Captain, DeBaliviere Station, under the supervision of the Office of Labor-Management Standards. An OLMS investigation of the December 2013 officer election disclosed that the union failed to verify the eligibility of nominees and their nominators. This violation resulted in the union improperly disqualifying an eligible candidate. The election will take place before Dec. 1.

Bloodborne Pathogen Hazards Found at Federal Prison

A January investigation by the Occupational Safety and Health Administration revealed that correctional officers and other staff at McDowell medium-security federal prison in Welch, W.Va., allegedly were exposed to bloodborne pathogens and other workplace safety and health hazards. OSHA issued notices to the Federal Correctional Institution at McDowell, a part of the Federal Bureau of Prisons. Ten serious violations were identified, including the agency's failure to train employees on the bloodborne pathogens policy, use puncture-resistant containers to transport contaminated shanks and other sharps, and select and require puncture-resistant gloves while conducting pat-down operations.

Read the News Release

Workers Exposed to Hazardous Chemicals at Illinois Plant

Exposure of workers to hazardous chemicals and chemical particles has resulted in Seeler Industries Inc. being cited by the Occupational Safety and Health Administration for 19 safety and health violations. OSHA initiated an inspection after receiving a complaint alleging hazards at the company's 3 Rivers Terminal in Joliet, Ill., which provides storage, transfer and packaging services for bulk liquid and dry chemicals. "Workers have the right to know what workplace chemicals they are exposed to and to be protected against exposure, which can have severe health effects," said Kathy Webb, OSHA's area director in Calumet City.

Read the News Release

Lax Machine Guarding Measures Led to Worker Injuries

Two employees of Burrows Paper Corp. in Franklin, Ohio, were injured in separate incidents after the food box manufacturer failed to provide adequate machine guarding and implement energy isolating procedures during servicing and maintenance. The Occupational Safety and Health Administration issued two repeat and four serious safety violations to the company for exposing workers to amputation and struck-by hazards. Proposed penalties total $58,800.

Read the News Release

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