April 28, 2005 marks the 17th observance of Workers Memorial Day, when we remember workers who have been killed, made ill or injured on their jobs. On Workers Memorial Day we reflect on the work-related tragedies that have befallen workers, their families and our communities, and renew our commitment to the fight for safe and healthy workplaces for all. This report includes the names of 72 workers in Massachusetts who died in 2004, most from acute, traumatic injuries on their jobs. This list also includes the names of 10 firefighters who died in 2004 from work-related disease including cancer, heart and infectious disease. For every worker who is killed on the job, there are ten more who die from occupational disease. An estimated 630 workers died in 2004 in Massachusetts from occupational disease, but most of their names are not known. In general, occupational disease is not tracked by any data collection system. In Massachusetts last year, we estimate that over 1,600 workers were newly diagnosed with invasive cancers caused by workplace exposures, and 50,000 more were seriously injured. The In Memoriam section of this report also includes the names of 19 U.S. servicemen from Massachusetts who died as a result of the war in Iraq in 2004 and through January, 2005; and one U.S. serviceman from Massachusetts who died in Afghanistan in 2004. We mourn all who lost their lives performing their jobs. OSHA Still Understaffed, Underfunded and Unable to Fulfill Promise of Safe Workplaces Fatal and serious workplace injuries in 2004 continued to occur because Massachusetts employers ignored OSHA regulations and failed to institute or maintain basic safety measures such as fall protection, machine guarding and safety switches. Strong enforcement of health and safety regulations is essential, because too many employers do violate the law, often knowingly, putting their workforce in harm’s way. Unfortunately, OSHA is understaffed, underfunded and pursues penalties that are too little, too late: • It would currently take 121 years for OSHA to inspect each workplace under its jurisdiction in Massachusetts . • The average OSHA fine in Massachusetts for a serious violation of the Occupational Safety and Health Act (violation likely to cause death or serious physical harm) is $971.00. The average fine (based on final penalties) in Massachusetts in 2004 assessed to an employer with OSHA violations resulting in the death of a worker was $8,885.71. Nine of the fourteen penalized employers involved in 2004 settled OSHA cases paid $10,000 or less, and five of those paid less than $5,000. Unfortunately, too many employers determine it to be cheaper to violate OSHA regulations then comply with them, ignoring the potential human costs. Public Sector Workers in Massachusetts Lack OSHA Protections. On August 4, 2004 Roger Leblanc, a 39 year old MassPort electrician, was electrocuted while working at Logan Airport. A report on this fatality issued by the Massachusetts Division of Occupational Safety documented a number of basic safety measures that could have saved his life. These measures would have been required by OSHA – if MassPort had been a private sector employer. Over 150,000 public sector workers in Massachusetts who work for the Commonwealth or its political subdivisions lack the protections currently afforded to their counterparts under the federal Occupational Safety and Health Act. Immigrant Workers Continue to be at Increased Risk Poor working conditions provided by unscrupulous employers continue to plague immigrant workers in the Commonwealth. In 2004, at least fifteen immigrant workers were killed on their jobs in Massachusetts. Language barriers, lack of training, employer exploitation coupled with fear of deportation for speaking up about hazards, contributed to this alarming trend. MassCOSH’s Equal Access to OSHA Coalition has identified corrective measures that would serve to address this situation, including (but not limited to) recommendations for OSHA to hire more bilingual compliance officers to whom immigrant workers could speak confidentially and privately. Violence in the Workplace is Taking a Toll – and it IS Preventable In 2004 six workers were murdered on their jobs; another work-related homicide occurred in February, 2005. Most victims were young – five were age 35 or younger. One retail clerk was 18 years old. A recent survey of 65 teens and 5 managers working in retail trades in Massachusetts conducted by MassCOSH’s Teen Peer Leader Project found that 27% reported experiencing a robbery at their workplace and 74% had never received training regarding robbery situations. Unions representing workers in retail trades, along with the National Institute for Occupational Safety and Health, have identified safety measures that discourage or prevent workplace violence and robberies. Too few of these measures have been implemented in many Massachusetts workplaces. Employers’ Work Restructuring Practices and “Blame-the-Worker” Safety Programs are Hazardous to Workplace Health and Safety Employers across all sectors of the economy continue to restructure work in ways that are harming workplace health and safety. Downsizing, understaffing, work overload, extended hours of work, multitasking,contracting out, lack of training and an overall push for production are taking a toll on workers’ health, safety and well-being. These changes have been linked with increased workplace fatalities, injuries, illnesses, and stress. Instead of rethinking hazardous restructuring practices, many employers are implementing “blame-the-worker” safety programs (e.g. “behavior-based” safety programs and injury discipline policies) that serve to discourage workers from reporting injuries and allow hazardous conditions to remain unaddressed. What We Need There is much that threatens the safety and health of workers in Massachusetts and around the country. The Massachusetts AFL-CIO, MassCOSH and Western MassCOSH are part of a growing coalition of labor and community organizations and allies seeking: • Stronger OSHA regulations and enforcement • OSHA protections to be extended to state, county and city workers in Massachusetts • Effective workplace violence protections and programs • Equal access to health and safety protections for immigrant workers • Staffing levels, workloads and working hours that do not promote workplace injury, illness and death • Comprehensive worksite health and safety programs that focus on identifying and eliminating or reducing health and safety hazards • A just and fair workers’ compensation system Our fight will continue until all workers are able to leave for work and return home with their lives, their limbs and their health in tact.