labor lawAdivision of labor law center

California employers should be aware of a special enforcement action targeting carwashes and other illegal operations in “the underground economy.” During a three-day August enforcement sweep, investigators visited 97 carwashes in Northern California. Fifty-four of them were issued citations resulting in fines totaling more than $521,000.

Thirty of the car wash businesses were shut down until they comply with labor laws, including: (more…)

Two recent conferences aimed to improve economic opportunity for workers. The Opportunity Conference in Washington, D.C., promoted opportunities for minority workers in the U.S. The 15^th Inter-American Conference of Ministers of Labor in Port of Spain, in the nation of Trinidad and Tobago, stressed how the U.S. Department of Labor is working to provide opportunities for American workers as well as those in nearby nations.

“Traditionally underserved communities are often unaware of the tremendous resources available within mainstream America to help them achieve their dreams,” said U.S. Labor Secretary Elaine L. Chao at a recent conference targeting economic development for minority workers.

“A goal of this conference is to bring everyone together to familiarize entrepreneurs, community organizers, and others with a wide variety of resources,” Chao added. She was speaking at the fifth annual Opportunity Conference, hosted by the U.S. Department of Labor to provide opportunities for members of minority communities.

“This administration recognizes the vital, job-creating role that small and medium-sized enterprises play in our growing economy — representing over 99 percent of employers and providing nearly 83 percent of all private payroll jobs,” Secretary Chao continued. “The Opportunity Conference includes workshops on venture capital for entrepreneurs, marketing and media strategies, and one of the department’s most significant regional grant programs, called Workforce Innovation in Regional Economic Development.”

The free, one-day business conference in Washington, D. C., included information on how African American, Hispanic and Asian Pacific American entrepreneurs, nonprofits and faith-based organizations can win highly competitive grants and contracts worth millions from the U.S. Department of Labor.

Topics covered at the conference included:

• How entrepreneurs can locate and gain access to venture capital.
• How to apply for government grants.
• Partnership opportunities for faith-based and community organizations.
• Entrepreneurial economic trends.
• How entrepreneurial veterans can apply for loans.
• Financial literacy for ethnic communities.
• Marketing and media strategies for small enterprises and organizations.

A number of co-sponsors had exhibits at the conference, from the Association of Small

Business Development Centers and the League of United Latin American Citizens, to the U.S. Pan Asian American Chamber of Commerce.

Participating groups included the Chinese Benevolent Association; the Cuban American National Council, Minority Roundtable,  the National Council of La Raza, and Top Ladies of Distinction Inc.

Meanwhile, in the Caribbean city of Port of Spain, Deputy Undersecretary of Labor for International Affairs Charlotte Ponticelli discussed how the U.S. Department of Labor is working in strategic partnerships with regional economies throughout the United States to ensure a competitive and adaptable workforce in the 21st century.

The theme for the conference was “Making Decent Work Central to Social and Economic Development.” Undersecretary Ponticelli joined officials of labor ministries from the 33 democratically elected governments in the western hemisphere to discuss strategies for increasing access to economic opportunities for the people of the Americas, with a focus on youth and women.

In her remarks to conference participants, Ponticelli discussed how the Labor Department’s Workforce Innovation in Regional Economic Development, or WIRED grants are addressing regional job growth in the U.S.

 ”WIRED creates a pro-growth environment in regional economies by providing seed funding to strategic partnerships that include leaders in workforce development, economic development, education, business and industry, philanthropic organizations and others across political boundaries, with a goal of driving talent development strategies in support of a unified regional economic vision,” Ponticelli said.

Ponticelli noted that all the conference participants were concerned with high unemployment numbers facing youth. In the United States, 21 percent of 16- to 24-year-olds nationwide, or 3.4 million youth, are out of school and do not have a diploma. The Department of Labor is addressing this issue through a federal interagency collaboration to support states and localities with a wide array of programs serving youth, including employment and training assistance. The existence of exploitive child labor, forced labor and human trafficking runs counter to these objectives and must also be addressed, Ponticelli said.

Asbestos is deadly. When it breaks up, it’s released into the air in particles too small to see, and those particles can be breathed into the body. The results? Asbestosis, lung cancer, gastrointestinal cancer, and mesothelioma.

A California worker safety alert says that the dangers of asbestos are not over. Mechanics and others in the car repair business are still at risk. Older cars and trucks may still have asbestos. That asbestos is usually found in the clutches and brakes of those old vehicles, and when mechanics must work on those older cars and trucks, a danger of exposure results.

There is no way in advance to know which truck or car’s clutches or brakes contain the material, so mechanics are being warned by the California OSHA alert to handle each and every one as if it were a danger.

Management is required by CAL OSHA to develop a game plan for handling asbestos. It is also required to turn that game plan into reality by insuring that everyone in the shop is trained to follow those procedures, and does so. A brake or clutch containing asbestos, when removed wrongly, can put everyone in the shop at risk.

There are some steps that can be taken to assure that asbestos exposure is at a minimum. Wetting the asbestos to limit airborne particles is one of those steps. Another is to wrap up and seal the asbestos in well-marked bags. OSHA recommends using the negative pressure enclosure/HEPA vacuum system method, and the low pressure/wet cleaning technique to curb the asbestos problem. OSHA allows the wet method only for shops doing five or fewer brake and/or clutch jobs a week. A spray can/solvent method is allowed in some cases.

Consumers who like to work on their own cars should take note of the fact that they, too, can become exposed to asbestos. It’s best, according to OSHA, to take that truck or car, especially if it’s an older model, to a professional mechanic. Remember that each year in the U.S. alone, about 10,000 people die of asbestos-related diseases.

Recently a reader contacted us with a question. Why does her boss make such a big deal out of cleaning up spills at work?

The answer lies in a recent change in California OSHA standards. Revised California OSHA standards address the ways employers can prevent slips, trips and falls, the most common form of general industry accidents.

The new standards from OSHA – the Occupational Safety and Health Administration – set out a series of requirements for workplace maintenance to limit the number of slips, trips and falls. According to OSHA, they cause 15% of all fatal accidents. They rank behind motor vehicles only as the leading cause of death.

One of the best ways you as an employer can prevent the problem is to post a Slip Trips Falls poster prominently in your workplace. That way, workers will be reminded to clean up spills quickly. Cleanup is a key factor because housekeeping is one area most frequently neglected when it comes to slip, trip, and fall prevention.

OSHA standards require the floor of all workrooms to be kept clean, orderly, dry, and sanitary. That includes passageways, storerooms, and service rooms. In places where industry requires wet processes, OSHA requires drainage. Raised platforms, mats, or gratings must be in place.

There are other requirements as well. Aisles and passageways of a permanent nature must be marked. They must be kept clear – no obstructions that would cause dangers are allowed. And every area – whether passageway, floor, or workplace – must be absolutely free of loose boards, holes, splinters, or nails.

Aisles and passageways in particular come in for consideration in the standards. For example, they must be kept clear and in repair, with no obstructions. You must provide room for two people to pass. That is because narrow aisles combined with vehicle traffic and sloppy housekeeping is a recipe for worker injuries, equipment damage, and blocked emergency exits. Unfortunately, many slip, trip, and fall mishaps occur when people are rushing to leave a building.

The exceptions to the recent California OSHA standards are places of employment where agricultural, mining, or domestic work only is carried out.

A recent announcement by the California OSHA addresses a potential flu pandemic and how employers should and can prepare for one. A pandemic is simply a global disease outbreak. “As with any catastrophe, having a contingency plan is essential.”

A pandemic contingency plan is equally as important as the one many employers currently have in place for hurricanes, floods and natural disasters.

An influenza pandemic would have more of an impact on the global economy than a single terrorist attack. It would affect trade, tourism, travel, the food supply and consumer buying.

It would affect consumer buying in that grocery stores will be busy as consumers empty the shelves of necessary supplies. Some of the necessary supplies such as hand sanitizer and tissues could be in short supply.

It could affect food supply because normal deliveries won’t occur due to supply chain interruption. Healthcare facilities could get overcrowded. Tourism and travel would experience a steep decline because people will be avoiding contact with other people in attempt to stay healthy. (Influenza is spread through person-to-person contact.) The same holds true for businesses such as malls, restaurants and movie theaters.

An influenza outbreak would increase employee absenteeism and create ripples in the investment and financial markets.

The Occupational Safety and Health Administration says that there is currently no new strain of influenza and no pandemic. Still the administration urges employers to be prepared. Employers play an important role in protecting the health and safety of workers. A well though out influenza plan will prevent or minimize widespread economic disruptions.

The last influenza outbreak our nation experienced occurred near the end of World War I and killed 50 to 100 million people in just 18 months. Not even this many people died in the war itself. In WWI 9 million soldiers died, as did several million civilians. The influenza pandemic was called the Spanish Flu and happened in 1918.