Campaign News

Salon - October 29, 2013, by Josh Eidelson -

If the potential president does business's bidding on a new scaffolding bill, workers will die, an advocate warns.

Industry groups hope New York Gov. Andrew Cuomo – a presumed presidential aspirant who’s frequently defied liberals on economics – will back their push to “reform” the country’s toughest law holding contractors responsible when workplace falls end in injury or death.

“I think we’d be picking workers up off the street,” if the state’s “scaffold law” is gutted, said Joel Shufro, who directs the New York Committee for Occupational Safety and Health. “Because I think employers would cut corners in ways that would result in workers being injured or killed.” Cuomo’s office did not respond to inquiries.

In an Oct. 16 letter, dozens of business groups and the New York Conference of Mayors urged Cuomo to reform the stat’s “scaffold law,” a move they said would “help alleviate fiscal stress by saving taxpayer dollars, creating jobs, and increasing revenue to the state and localities.” Signatories included the Lawsuit Reform Alliance of New York, whose director Tom Stebbins told Salon that the group has made the issue a priority because “insurance rates put people of business, they take jobs away, and as we’re finding out more and more, it’s costing us more and more in our public projects.”

The 128-year-old “scaffold law” allows contractors to be held liable for “gravity-related” injuries suffered by their employees when management failed to comply with a safety rule, even (with certain exceptions) if the employee was also at fault. Stebbins contended there was “no data that supports” the claim that it improves safety, and argued that what he called the law’s “absolute liability” standard means “you’re assigned fault without negligence,” and actually “makes job sites less safe.”

“If you absolve employees from responsibility for their actions, they’re less responsible,” said Stebbins. “And if employers are guilty under almost any circumstances, they’re not as incentivized.”

NYCOSH’s Shufro countered that the law holds employers liable “if they violate OSHA regulations or other city, state ordinances, do not provide appropriate training, do not provide appropriate personal protective equipment … But if they are in compliance … they are not liable, they will not be found at fault.”

Stebbins acknowledged that “if you were the only cause of your injury, then that absolute liability doesn’t apply,” but he told Salon that “even the responsible contractor can’t stop every situation.” Stebbins cited the case of a worker who he said intentionally “jumped off the building in order to make a scaffold law claim.” Under current law, he said, a contractor “could be a fraction of a percent responsible and be held liable for 100 percent of the judgment,” rather than having “liability apportioned by fault.” He argued that the law also hurt workers because cash devoted to insurance costs is “money that’s not being spent on jobs, not being spent on union labor.”

Labor groups rejected such claims. “Opponents claim that the Scaffold Law drives up costs and is a job killer; the reality is that it helps prevent a job from being a worker killer,” New York AFL-CIO president Mario Cilento told Salon in an email. Cilento credited the law with “placing responsibility for providing adequate safety equipment and measures squarely in the hands of contractors and owners, ensuring that there is absolutely no ambiguity in who is responsible for maintaining a safe workplace in a very dangerous occupation.” He added that “insurers and contractors try to gut the Scaffold Law and in turn workplace safety” over and over, but “they’ve been rebuffed because the Legislature has recognized that there is no price tag on the lives and well-being of New Yorkers.” Cilento’s Illinois counterpart, state AFL president Michael Carrigan, emailed that the labor federation “regrets the repeal” of the similar Illinois Scaffolding Act, prior to which “Illinois had been the second safest state in construction deaths and accidents.” (The business groups’ letter to Cuomo credited the repeal of Illinois’ law for a subsequent 53 percent decline in construction injuries and said it gave the state “the 10th lowest injury rate in the country”; NYCOSH attributed the decline in injuries to overall national trends.)

“All this law says is that the employers shall be liable if they do not follow rules and regulations that govern safety on these jobs,” said NYCOSH’s Shufro. “So it seems to me that the best way of reducing their costs is to require employers to follow the law.” An NYCOSH analysis of OSHA data on New York state construction found that “At least one OSHA fall prevention standard was violated in nearly 80 percent of accidents in which a worker fell and was killed.”

A study released Thursday by progressive Center for Popular Democracy argued that the industry’s death and injury toll is disproportionately borne by immigrant workers and Latinos. CPD found that Latino and/or immigrant workers made up 60 percent of “fall from elevation fatalities” investigated by OSHA in New York State, and reported that “In 2011 focus groups, Latino construction workers reported fearing retaliation as a key deterrent to raising concerns about safety.”

While business groups have long sought changes in the scaffold law, both sides said this year’s showdown on the issue could be particularly acute. “More and more we’re seeing the cost to the public,” said Stebbins, including insurers “leaving because they can’t sustain an absolute liability and it’s impossible for them to gauge risk.” Shufro countered that insurers “have refused” when asked by legislators to “open the books” and document their losses; NYCOSH also notes that New York experienced only a 9.1 percent drop in construction employment from 2006 to 2011, while the national decline was 28.4 percent.

Cuomo has previously clashed with labor on issues ranging from public workers’ pensions to an expiring (ultimately partially extended) millionaire’s tax. Salon’s Blake Zeff argued in a January BuzzFeed essay that Cuomo’s “approach to balancing two competing interests – piling up points to advance in a Democratic primary for president, while steering to the center in key areas (and carefully avoiding antagonizing monied interests who fund campaigns and influence elite opinion) – has consisted of aggressive advocacy of ‘cultural’ or ‘social’ progressive causes, while downplaying economic ones.” Cuomo this month appointed GOP former Gov. George Pataki to co-chair a commission on reducing tax rates, a move that Michael Kink, who directs the labor-backed coalition A Strong Economy for All, compared in a Capital New York interview to “bringing in Godzilla to oversee the rebuilding from a Godzilla attack.”

Shufro said the scaffold question would “be one of the major political battles that will go on and dominate Albany for the next session,” and so Cuomo was “going to have to make a certain decision about which side he’s going to come out on … I know that this is an important issue to labor, just as it seems to be an important issue to the business community.” Shufro predicted Cuomo’s approach to the scaffold law would be “one of the major issues that will help unions make decisions about how they see him going forward.” He added, “It’s not an easy place to be in.”

Source:

“Protesters will gather for a rally at the headquarters of the Federal Emergency Management Agency (FEMA) and then march towards several congressional offices to voice their demands. The event is organized by Power 4 Puerto Rico, a coalition made up of the Hispanic Federation and Center for Popular Democracy, among other community organizations.”

Read the full article here.

1/27/2016

Statement and Booking Opportunity
: Ady Barkan, Campaign Director for Fed Up, released the following statement regarding the Federal Reserve’s Federal Open Market Committee meeting today:

“In December, the Fed voted to slow down the economy by raising interest rates despite economic indicators and the real experiences of working Americans suggesting it was still too soon. The Fed made the right decision today not to raise rates again. Ongoing labor market slack, low wages, and major racial disparities in the labor market suggest that it should continue this ‘wait and see’ approach.”  

“In recent weeks, Fed officials have said that instability in global financial markets is influencing their decision about future rate hikes. The declines in domestic and foreign stock markets this year certainly suggest that investors are uncertain about the strength of the economy.  Further slowing down the economy in the face of such instability would be a serious mistake. 

“Most important, however, is that Fed policymakers keep their eye on the prize: genuine full employment for all. The Fed has a mandate to pursue full employment, and should therefore look first and foremost at labor market conditions here in the US.  Low labor force participation, the inability of millions of workers to get the hours and wages they need, unemployment rates for African Americans that remain above pre-recession levels in most states and cities, and very low rates of price and wage inflation should be the primary factors Fed policymakers consider in the coming months.”

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www.populardemocracy.org

The Center for Popular Democracy promotes equity, opportunity, and a dynamic democracy in partnership with innovative base-building organizations, organizing networks and alliances, and progressive unions across the country. CPD builds the strength and capacity of democratic organizations to envision and advance a pro-worker, pro-immigrant, racial justice agenda.

 

Media Contact: 

Anita Jain, ajain@populardemocracy.org, 347-636-9761


Sofie Tholl, stholl@populardemocracy.org, 646-509-5558

The event played to a full house and a very enthusiastic crowd. With more than 3,500 tickets sold, it was one of the largest audiences the play has ever been presented to in one night. Johansson was joined on stage for opening remarks by director Leon and Xiomara Caro, Director of New Organizing Projects for the Center of Popular Democracy and coordinator for The Maria Fund, sharing an inspiring message about the purpose of the event and the relief effort. They brought the crowd to their feet when they revealed that the evening’s efforts resulted in half of a million dollars raised to help Puerto Rico in their hour of need.

Read the full article here.