I spent most of my adult life getting hurt on the job. I was a soldier, and duh...it went with the turf. You have to be tough and work hurt because when it's real, you probably can't complain about nicks and cuts and sprains and aches and keep yourself and others alive. That said, except for professions like the military, police, firefighters, professional athletes and a few others, worker safety is a critical duty of employers. Now, employers are not soul-less bastards, for the most part. But, corporations are soul-less entities, which is one of the reasons Adam Smith opposed the goddamn things from the moral and ethical point of view. Corporations may do the right thing because the leadership is honorable, decent and concerned about their fellow man. They may do so because of fear of bad publicity. However, they are most likely to do so because if they don't, they'll lose horrendous amounts of money and some of the leadership will go to jail. That gets their attention.
So, when I saw this piece as an Op-ed in the Times, I got interested really quickly. Now, many of the states have stronger protections than the Feds, but others have almost none. And, OSHA is so underfunded that they have outsourced a lot of their stuff to the states. It works well in places like Massachusetts, Washington, New York and California. In places like Texas, Louisiana, Nevada not so much. So horrendous things happen and nobody knows about them...
My colleagues and I were shocked to learn that an employer who breaks
the nation’s worker-safety laws can be charged with a crime only if a
worker dies. Even then, the crime is a lowly Class B misdemeanor, with
a maximum sentence of six months in prison. (About 6,000 workers are
killed on the job each year, many in cases where the deaths could have
been prevented if their employers followed the law.) Employers who maim
their workers face, at worst, a maximum civil penalty of $70,000 for
each violation.
The author goes on to point out that OSHA is somewhat toothless and then says that Congress should change the law. "In the 38 years since Congress enacted the Occupational Safety and
Health Act, only 68 criminal cases have been prosecuted, or less than
two per year, with defendants serving a total of just 42 months in
jail. During that same time, approximately 341,000 people have died at
work, according to data compiled from the National Safety Council and
the Bureau of Labor Statistics by the A.F.L.-C.I.O."
Ok, AXE so what's the deal? Forget Congress. The Bush administration has made it clear that they have no concerns for the regulatory function of government. They obviously have no concern for the Bill of Rights, but they really don't get the body of the constitution either. Congress is explicitly given the authority to regulate interstate commerce. Under the narrowest construction, in todays world it is impossible to find a "real" business that is not engaged in some form of interstate commerce. Next, the preamble talks about "in order to establish justice, ensure domestic tranquility, provide for the common defense and promote the general welfare..." I don't believe that protecting corporations at the expense of their workers is promoting the general welfare or establishing justice. The domestic tranquility bit is something I find disturbing. We have become such sheep that we don't realize that John McCain is a Judas Goat...
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