WHEREAS, since 1982 in the U.S.
approximately 170,000 workers have been killed on the job
and minimally another 1.3 million workers died from occupational
diseases; and, during the same period, 292 million non-fatal
injuries and almost 26 million job-related illnesses occurred
in workplaces in the U.S., and
WHEREAS, these fatalities, injuries
and illnesses are preventable often occurring as a result
of employer failure to abide by regulations promulgated by
the Occupational Safety and Health Administration (OSHA) and
other state and local regulatory agencies; and
WHEREAS, according to articles
recently published in the “New York Times,” over
the last 22 years, 2,197 workers were killed due to employers
“deliberately violating workplace safety” and
many more died from diseases resulting from willful exposure
to unhealthy workplace conditions; and
WHEREAS, the Occupational Safety
and Health Administration (OSHA) has the authority under the
Occupational Safety and Health Act to refer such cases of
employer misconduct to the U.S. Department of Justice for
criminal prosecution; and
WHEREAS, only 196 of the 170,000
workplace fatalities were referred to prosecutors since 1982
of which 81 of these cases have resulted in convictions; and
WHEREAS, only 16 employers have
been sentenced to jail time for deaths of workers since the
OSHA law was enacted; and,
WHEREAS, the penalty under the
Occupational Safety and Health Act for an employer’s
reckless disregard for safety and health resulting in the
death of a worker is classified as a misdemeanor with a maximum
of six months in jail; and
WHEREAS, criminal prosecution of
employers who flagrantly disregard OSHA standards will provide
an incentive for other employers to comply with the regulations;
and
WHEREAS, legislation has been introduced
into the U.S. Congress increasing criminal penalties for reckless
disregard for safety resulting in the death of a worker; NOW,
THEREFORE, BE IT
RESOLVED:
That the New York City Central Labor Council support efforts
1) To pass federal legislation declaring willful violations
of OSHA standards leading to worker’s death and serious
injuries and illnesses is a felony;
2) To demand OSHA to refer such cases for prosecution; and
3) To pass federal legislation increasing maximum penalties
for violations in general; and, BE IT FURTHER
RESOLVED:
1) That this Council make as a criterion for endorsement for
the office of District Attorney a commitment to aggressively
prosecute under state law employers whose disregard of safety
and health regulations result in death, serious injury of
illness of workers; and:
2) That this Council will urge its affiliates to adopt this
criterion when making their endorsements of District Attorneys;
and, BE IT FINALLY
RESOLVED:
1) That this resolution be forwarded to the New York State
AFL-CIO for their consideration in making endorsements for
office of State Attorney General and District Attorney; and
2) That the Council urges the New York State AFL-CIO to recommend
that its affiliates throughout the State of New York use such
a criteria when making endorsements of local District Attorneys.
(Approved without dissent by NYC Central Labor Council, AFL-CIO,
at the March 18, 2004 Executive Board Meeting.)
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