Had the workers at the Hard Rock Hotel been unionized, those who spotted the bent beams would have alerted all unions on the job and demanded correction or else have exercised their right to walk off the job without punishment.
On October 10, Randy Gaspard, a concrete contractor, posted to Facebook a video taken by a Hard Rock worker. The video shows a sagging concrete slab, the posts supporting it bending under its weight. The worker who took the video spoke about the excessive space between the support beams and said that they were “already to the point of breaking.” These facts were supported by other workers on the site. This was two days before the collapse.
Gaspard said the workers told the contractor that the extra load was bending support posts but the contractor said to keep removing them, shifting an even greater load to the remaining posts.
Worker safety committees needed; we cannot trust bosses or city inspectors
The biggest factors in the rise of workplace fatalities are deregulation of industry, lack of unions, attacks on migrants, OSHA underfunding, government/industry complicity, climate change, and temporary employment. Changes from permanent to temporary and subcontracted labor also contribute. The capitalists are to blame for all of this. Workers must step forward to organize and defend themselves.
The states with the highest percentage of construction deaths have the fewest unions, the lowest death rates are in states with most unions. The highest fatality rates in 2015 include Louisiana and Mississippi and Arkansas.
Fund OSHA, yes, but don’t depend on it
OSHA, the Organizational Safety and Health Act, was passed in 1970. It set up some standards and inspections. But besides corruption and bribery, it would take 159 years to inspect every work site even once with their current staff and resources.
OSHA penalties are also not strong enough. The average penalty for killing a worker was $6,500 for federal violations and only $2,500 for state plans. Only 33 worker deaths have been criminally prosecuted.
Workers’ blood on Trump’s hands
OSHA was insufficient enough, but the Trump administration is waging an outright war on the working class. He has called for a freeze on new protections, and requires that for every new protection, two must be repealed.
He has called to repeal a law requiring contractors disclose safety and health violations in order to get a federal contract. He has delayed new hazardous materials rules and has eliminated the Labor Department’s safety and health training programs as well as the Chemical Safety board. And he’s cut job safety research by $100 million.
While we must fight for laws and enforcement, the most important thing is to organize safety committees and unions on our jobs. We cannot put our lives, or the well-being of our families at risk by depending on bosses or their capitalist government.
Here are the facts:
- Construction workers are 6% of the workforce but 21% of
on-the-job death. - Thanks to the Trump Administration’s deregulations, the death rate is increasing.
- Migrant Latinx workers have the highest rate of deaths.
The bosses are taking advantage of the anti-migrant attack to pay workers less and ignore safety concerns. Their death rate is 18% higher than the national average.
Citizen workers must unite with and defend their migrant brothers and sisters. If bosses can discriminate against anyone, it eventually lowers the wages and working conditions for all workers.
Sample of Union Clauses in a Contract
Right to Refuse Unsafe Work (No Discrimination)
An employee acting in good faith has the right to refuse to work under conditions that the employee reasonably believes present an imminent danger of death or serious harm to the employee. The Employer shall not discipline or discriminate against an employee for a good faith refusal to perform assigned tasks if the employee has requested that the Employer correct the hazardous conditions but the conditions are not corrected, and the danger was one that a reasonable person under the circumstances would conclude is an imminent danger of death or serious harm. An employee who has refused in good faith to perform assigned tasks shall retain the right to continued employment and receive full compensation for the tasks that would have been performed.
Personal Protective Clothing and Equipment
Personal protective clothing and equipment shall be furnished and maintained by the Employer without cost to employees whenever such equipment is required as a condition of employment or is required by OSHA or other agency.