47 CalOSHA workers' critique of enforcement

June 22, 2009

You know what I find to be the most amazing thing about Jack Oudiz and the

46 other Cal-OSHA inspectors speaking out of the far too industry friendly

corruption within the California workers comp system?

A quick search of the Internet and I can find NOT ONE mainstream media

outlet that has written a peep about it.

This leads me to believe Mr. Oudiz has a valid point when he writes,

â€œâ€¦Until there is the political will in California to take

seriously the principle established in law by the OSHAct, I

donâ€™t expect that the Division will become any more

effective in carrying out its mission. We will continue to

have leadership beholden to the Chamber of Commerce rather

than the working men and women of California and unwilling

to address the structural deficiencies of the Division.

Those deficiencies have the net result of less effective

enforcement of ever weaker regulations and a dispirited

workforce in search of inspiration and leadership.â€...

â€œOnly a grassroots effort by workers, unions and those who

support social justice and human rights can exert the

political pressure necessary to correct the institutional

problems that have overwhelmed the agency given the duty

and responsibility to protect worker safety and health rights.â€

_http://thepumphandle.wordpress.com/2009/06/19/views-of-a-calosha-inspector/

_

(http://thepumphandle.wordpress.com/2009/06/19/views-of-a-calosha-inspector/)

_http://www.defendingscience.org/upload/Letter-to-OSHAB-6-13-09_1.pdf_

(http://www.defendingscience.org/upload/Letter-to-OSHAB-6-13-09_1.pdf)

In a message dated 6/22/2009 5:54:52 A.M. Pacific Daylight Time,

tigerpaw2c@... writes:

From: _gngreenberg@gngreenbe_ (mailto:gngreenberg@...)

To:

Sent: 6/21/2009 7:48:27 P.M. Pacific Daylight Time

Subj: [occ-env-med-Subj: [occ-env-me & apos; critique of enforcement

Dear : Greetings and I hope you are well. I have attached a couple of

items that I thought be of interest to readers of the daily list-serve. I

thought I would send them to you and you could decide whether they are

appropriate of the readership.

Thanks, Garrett Brown

= -- = -- = --

June 13, 2009

Traeger, Chairwoman, Management member

Pacheco, Public member

Art , Labor Member

Occupational Safety & Health Appeals Board

2520 Venture Oaks Way, Suite 300

Sacramento, CA 95833

Dear Members of the Board,

We write as 47 individuals who work as field inspectors, seniors and

district managers who interact frequently with the Occupational Safety

and Health Appeals Board to strongly protest Board policies and

practices that have significantly undermined our ability to do our job

of protecting the lives, health and safety of California's workers.

Over the last four years â€“ and these policies continue to this very

day â€“ the Board has deliberately over-booked hearing days so that a

single judge in the same location and the same time has as many as

three or four hearings scheduled. The Board has continued to refuse

to even indicate which case will be heard first. The Board has

continued to hold hearings at distant locations where worker witnesses

have great difficulty in appearing. The Board has continued to deny,

or simply ignore, legitimate requests for continuances.

In June 2009, there are 32 days (at six locations) with three or more

cases scheduled for the same judge, same location, same time. There

are 14 days with four cases scheduled and one day with five cases

scheduled (Oakland, June 17th).

How can we, who handle the majority of appeals for the Division,

prepare exhibits, witnesses and arguments for three separate cases all

scheduled for the same time? How can we convince worker witnesses to

travel long distances, and then to come back after they have been sent

home because their case wasn't heard?

The simple answer is that we can't.

That's why there have been hundreds more " settlements " over the last

four years, many with drastic reductions of final penalties. These

policies are in addition to the recent practice of the Board to

dismiss cases, even those with serious injuries, on minor

technicalities; and to unilaterally " interpret " legislation and ignore

court rulings, so as to restrict the Division's ability to enforce the

law.

The net effect of the Board's policies has been to sabotage the

Division's ability to defend citations and penalties on appeal.

Cal/OSHA's deterrent effect has been significantly undermined as

employers learn they can " game the system " when the Division is

coerced into settlements, often with penalties that are pennies on the

dollar.

The people who pay the cost for these policies are California workers

whose employers look at Cal/OSHA as an agency that is forced to fight

with one hand tied behind its back.

We find it troubling that the Board has not processed the years-long

backlog of petitions for reconsideration over which the Board has sole

authority and responsibility. This again undermines worker protections

in California as employers are not legally required to abate these

citations which remain " under appeal " for years and years.

The voices of Cal/OSHA's front-line employees have not been heard on

these issues until now because many of us feared reprisals by the

Board in the handling of our individual appeals cases, or the handling

of cases from the offices where we work. The deck is already so

stacked against the Division that any more obstacles from the Board

would be too much. But the various hearings held this spring, and the

fact that the Board finally has all three members, have given us hope

that the Board's unfair policies and practices can now be challenged.

As you must know, those of us representing the Division at appeal

hearings are frequently " out-gunned " by the employers' corporate

attorneys who have more resources, personnel and time â€“ even before we

have been tripled-booked with hearings, often in places where worker

witnesses find it difficult to appear. The current case load and

over-booking mean that DOSH attorneys are saddled with an impossible

task of preparing multiple major cases for the same day or on

sequential days.

We know that not all citations are " open and shut " cases and we

believe everyone, including employers, should have the right to a

speedy appeal and an impartial review of the facts. All we want is a

level playing field.

We ask you to cease and desist with the Board's unfair policies and

practices against Division personnel, and restore the balance to the

appeals process so that employers and the Division are treated fairly

and equally. California's workers have a right to, and deserve, a

workplace health and safety agency that can do its job.

Sincerely,

Bell, Senior Safety Engineer, Research & Standards Unit, Oakland

Berg, Compliance Safety and Health Officer, Process Safety

Management/North

Berliner, Compliance Safety and Health Officer, San Diego

District Office

Bill Biretta, Compliance Safety and Health Officer, Fremont District Office

Maureen Braun, Compliance Safety and Health Officer, High Hazard

Unit/North

Garrett Brown, Compliance Safety and Health Officer, Oakland District

Office

Chacon, Compliance Safety and Health Officer, City District

Office

Costas, Compliance Safety and Health Officer, Oakland

District Office

Sabino DeGuzman, Compliance Safety and Health Officer, Oakland District

Office

Kathleen Derham, District Manager, EEEC Unit/South

Mike Doering, Compliance Safety and Health Officer, Process Safety

Management/South

Eckhardt, Compliance Safety and Health Officer, Fremont District

Office

Abgail Fabricante, Compliance Safety and Health Officer, Oakland District

Office

Frye, District Manager, City District Office

Wing Sang Fung, Compliance Safety and Health Officer, Oakland District

Office

Cora Gherga, District Manager, San Francisco District Office

Nick Gleiter, District Manager, Oakland District Office

Deborah Gold, Senior Safety Engineer, Research & Standards Unit, Oakland

Grossgart, Attorney, DOSH Legal Unit, Oakland

Jan Hami, District Manager, EEEC Unit/North

Mark Harrington, Compliance Safety and Health Officer, Santa

District Office

Mike Horowitz, Senior Safety Engineer, Research & Standards Unit, Oakland

Jeff Ferrell, Senior Industrial Hygienist, Asbestos Unit, Sacramento

ston, Compliance Safety and Health Officer, Process Safety

Mgmt/North

Shohreh Kheradpir, Compliance Safety and Health Officer, High Hazard

Unit/North

Eleanor Kilner, Compliance Safety and Health Officer, Fremont District

Office

Barbara Kim, Compliance Safety and Health Officer, City District

Office

Koterbay, District Manager, High Hazard Unit/North

no Kramer, Senior Safety Engineer, Research & Standards Unit, Santa

Ana

Loupe, Compliance Safety and Health Officer, San Diego District

Office

Army Lum, Compliance Safety and Health Officer, San Francisco District

Office

McAllister, Senior Industrial Hygienist, Region I, Santa

Vajie Motiafard, Compliance Safety and Health Officer, San Francisco

District Office

Darcy Murphine, Compliance Safety and Health Officer, San Diego District

Office

Gene , Senior Safety Engineer, High Hazard Unit/North

Sylvia Murray, Compliance Safety and Health Officer, Oakland District

Office

Bob Nakamura, Senior Safety Engineer, Research & Standards Unit, Oakland

Doug Neville, Compliance Safety and Health Officer, High Hazard Unit/North

Jack Oudiz, Senior Safety Engineer, Professional Development &

Training, Sacramento

Carol Parisek, Compliance Safety and Health Officer, Santa District

Office

Riley, District Manager, Process Safety Management/South

Dawn Schaniel, Compliance Safety and Health Officer, Fremont District

Office

Geraldine Tolentino, Compliance Safety and Health Officer, Oakland

District Office

Clyde Trombettas, District Manager, Process Safety Management/North

Wing, Compliance Safety and Health Officer, Oakland District Office

Doug Woods, Compliance Safety and Health Officer, Santa District

Office

Zimmerman, Compliance Safety and Health Officer, San Diego

District Office

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June 22, 2009

From: gngreenberg@...

To:

Sent: 6/21/2009 7:48:27 P.M. Pacific Daylight Time

Subj: [occ-env-med-l] 47 CalOSHA workers & apos; critique of enforcement

Dear : Greetings and I hope you are well. I have attached a couple of

items that I thought be of interest to readers of the daily list-serve. I

thought I would send them to you and you could decide whether they are

appropriate of the readership.

Thanks, Garrett Brown

= -- = -- = --

June 13, 2009

Traeger, Chairwoman, Management member

Pacheco, Public member

Art , Labor Member

Occupational Safety & Health Appeals Board

2520 Venture Oaks Way, Suite 300

Sacramento, CA 95833

Dear Members of the Board,

We write as 47 individuals who work as field inspectors, seniors and

district managers who interact frequently with the Occupational Safety

and Health Appeals Board to strongly protest Board policies and

practices that have significantly undermined our ability to do our job

of protecting the lives, health and safety of California's workers.

Over the last four years – and these policies continue to this very

day – the Board has deliberately over-booked hearing days so that a