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Unions Sue Over OSHA Delay
on Protective Clothing

January 5, 2007

Labor unity took a step forward on Jan. 3 when the AFL-CIO joined with the United Food and Commercial Workers (UFCW), an affiliate of the Change to Win Coalition, in a lawsuit to force the Occupational Health and Safety Administration (OSHA) to implement rules requiring employers to pay for personal protective equipment for workers.

In 1997, OSHA publicly acknowledged the need to adopt a rule requiring employers to pay for workers’ personal protective equipment (PPE) such as flame-retardant clothing, gloves and safety glasses.  In 1999, the agency issued a notice of their proposal to adopt the new requirements, but they were never enacted. The lawsuit states, “This represents an egregious instance of unreasonable delay,”

“The fact that they failed to do so is an indication of how loath they are to take any regulatory action,” says Peg Seminario, director of safety for the AFL-CIO.

While most employers supply safety equipment to their employees, many low-wage workers, including those on dangerous jobs in the meatpacking and construction industries, still are forced to pay for equipment.  The issue of safety equipment is important to virtually all IBEW members.

The Senate and House Appropriations Committees have pushed for OSHA to act on safety gear.  In 2003, the AFL-CIO, the UFCW and the Congressional Hispanic Caucus petitioned the agency to mandate employer-supplied equipment.

“We shouldn’t have to compromise worker safety for the corporate bottom line,” says Rep. Linda Sanchez (D-Calif.) who is an IBEW member.

“Nothing is standing in the way of OSHA issuing a final PPE rule to protect worker safety and health except the will to do so,” says UFCW International President Joseph Hansen, who spoke at the IBEW 37th Convention in Cleveland last Sepember.