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| Jim Morris cannot
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contact CPWR – Center for Construction Research and Training, 301-578-8500. |
"He that hath
a trade hath an estate; he that hath a calling hath an office of profit
and honor." -- Benjamin Franklin, Poor Richard's Almanack, 1758.
"I loved the
trade. But basically, the trade has killed me." -- Lung-damaged carpenter
Ben Hitchcock, 52, of Greenville, Texas, 1994.
A pipefitter's helper
succumbs to poisonous gas because no one gave him a portable oxygen bottle.
Three young laborers are asphyxiated, one after the other, when they are
sent into a manhole without the proper training.
A middle-aged industrial
painter lives the doleful life of a sick old man because he sandblasted
and used solvents. A once-energetic ironworker is transformed into an
invalid by metal-laden welding fumes.
More than 7 million
Americans -- among them 400,000 Texans -- work full- or part-time in construction.
They build and rebuild highways, bridges, factories, houses and office
towers. They
install roofs and wiring, tear out insulation, weld beams, replace industrial
pipes and valves, lay brick and carpet, clean up hazardous waste.
It is inherently
dangerous work, with hazards both chronic and acute: Dusts constrict the
lungs. Vapors attack the central nervous system. Gases kill instantly.
Scaffolds collapse and plants explode.
But a nine-month
investigation by the Houston Chronicle found that some, and perhaps many,
of the deaths, illnesses and injuries in the construction industry are
preventable. It found that workers in the building trades often are abandoned,
even betrayed, by industry, government, medicine and the legal system.
Mounting scientific
evidence indicates that construction workers develop disabling and life-shortening
diseases more frequently, and at younger ages, than workers in other fields.
In
many cases employers know, or should know, about the insidious hazards
that cause these ailments, as well as the more obvious sources of traumatic
injury.
And statistics suggest
conditions are especially poor in Texas. New federal data show that the
state had more construction industry deaths than any other in the 1980s.
During the period,
1,436 construction workers in Texas lost their lives. California and New
York, with larger populations, had 990 and 481 construction deaths, respectively.
In 1992, the last
year for which complete data are available, Texas construction workers
died on the job at a rate 50 percent higher than the national average.
The 94 men and one woman killed
in Texas that year fell from scaffolds and were electrocuted, asphyxiated,
poisoned, crushed, blown up and hit by vehicles.
There is no way
to know how many others developed work-related cancer, asbestosis, silicosis,
lead poisoning and other serious ailments. Such illnesses "tend to
get lost in the excitement about traumatic deaths," said Dr. James
Cone, an occupational medicine specialist in San Francisco. "People
are most concerned about their immediate survival."
EVEN more troubling
than the numbers are the reasons building trades workers in Texas and
throughout the United States continue to die, get hurt and fall ill at
rates far above those in other industrialized nations and some Canadian
provinces. Denial or minimization of risk are commonplace not only among
employers, but also among industry-oriented doctors and politically pressured
government officials.
"There is so
little sympathy for these people in our society," said Knut Ringen,
director of CPWR – Center for Construction Research and Training, the research arm of
the AFL-CIO's Building and Construction Trades Department. "There's
a deep trait that goes through the American culture, and that is that
once you're in a workplace you're part of production and the democratic
rights you would typically take for granted do not operate."
Walter DeJardin,
a 49-year-old disabled roofer from Lynn, Mass., knows this all too well.
"What do you
do when you find out, after 20 years of working with something, that the
stuff is bad for you?" he asked. "Do you walk away? Ignore it?
It's a tough situation for the worker.
Management doesn't like to be slowed down, because time is money, and
they don't want to educate you. If you ask for too many things, like water,
they'll get rid of you."
DeJardin, who worked
for 10 contractors between 1968 and 1992, suffers from solvent-related
nerve damage, irritability and depression. He fears he will develop cancer
from fumes given off by hot waterproofing materials: asphalt and coal
tar pitch.
"Down the road,
there's going to be millions of people showing up with all kinds of lumps
inside them," DeJardin said. "I don't know, in 10 years, what
may be growing inside me."
The federal Bureau
of Labor Statistics estimates that in 1992, 209,000 U.S. construction
workers were hurt or sickened on the job to the extent that they lost
time from work; another 903 were killed.
The numbers -- especially
for illnesses -- almost certainly are low. The Occupational Safety and
Health Administration stated in February that illnesses "are probably
grossly underreported" in the construction industry.
IN its investigation,
the Chronicle interviewed more than 350 people and reviewed thousands
of pages of industry, government, medical and legal documents. More than
three dozen requests for
information were made under the federal Freedom of Information Act and
the Texas Open Records Act.
Among the findings:
Some refineries,
chemical plants and contractors along the upper Texas Gulf Coast still
violate fundamental health and safety rules, such as providing proper
respiratory protection for crafts workers in the presence of potentially
lethal chemicals and ensuring that work permits clearly spell out any
required protective measures. Since August 1991, for example, at least
four workers in the region have died from exposure to hydrogen sulfide,
a fast-acting toxic gas. Three of the four plant owners were cited by
OSHA for serious violations.
Corporate officials
knew decades ago about a variety of life-threatening chemical hazards
at refineries and chemical plants but often failed to protect workers.
Internal memoranda and studies obtained by the Chronicle show a remarkable
depth of knowledge about asbestos insulation, benzene and other compounds
years before companies acknowledged even vague associations between these
substances and disease.
A 1948 toxicological
review prepared for the American Petroleum Institute states that because
of benzene's link to leukemia and other cancers of the blood-forming organs,
"the only absolutely safe concentration for benzene is zero."
When the next petroleum institute review was published in 1960, that telling
phrase was omitted.
Huge stakes in cases
involving exposure to asbestos and other substances lead litigants to
pay top dollar for favorable expert testimony. The resulting range of
opinion makes it difficult for sick workers to confirm the causes and
degrees of their ailments. A Beaumont hospital, for example, changed lung-function
testing standards and procedures at the instruction of asbestos companies
that hired the hospital to test plaintiffs in a class-action lawsuit.
The changes made it more difficult to diagnose disease in workers who
alleged they had been harmed by asbestos in refineries and chemical plants.
The University of
Texas School of Public Health in Houston moved so slowly to create and
enhance programs to address occupational illnesses and injuries that the
National Institute for Occupational Safety and Health canceled funding
to the university for five years in the 1980s. The school's director of
occupational medicine has had a long association with industry and virtually
always testifies against workers in asbestos exposure cases.
The oil industry
was warned at least as early as 1958 that the increasing use of contract
crafts workers for maintenance could subject these workers to harmful
exposures. In its final report on
a study of cancer among industry workers -- a study that was inconclusive
due to lack of cooperation from some oil companies -- the University of
Cincinnati's Kettering Laboratory told the API that the growth of contract
labor "may diminish the exposure hazard for the refinery worker"
but "may be concentrating and augmenting the danger" for contract
workers. In 1982 Dr. Robert T. Cheng, a senior industrial hygienist with
Chevron in Richmond, Calif., reported in a memo that "industrial
hygienists have encountered resistance from plant management with regard
to surveying contractor workers" and listed a number of hazardous
substances -- from hydrofluoric acid to nickel -- to which these workers
could be overexposed.
When government
or private industrial hygienists look for health hazards in construction,
they often find them. In 1992, OSHA's Philadelphia regional office began
a "local emphasis" program for lead in construction; it wound
up citing 23 companies in three states and the District of Columbia. One
of the firms cited, the E. Smalis Painting Co. of Tarentum, Pa., faces
proposed fines totaling $5 million, an OSHA record for a single employer
on a construction site.
Last spring, eight
workers sandblasting paint off an old building in Galveston were overexposed
to lead dust; two were so sick they had to be hospitalized. In July, OSHA
cited Central Construction Services of Katy for 25 alleged lead-related
violations and proposed fines totaling $18,300. Among the alleged violations,
all of which were classified by OSHA as "serious," were failure
to provide workers with appropriate respirators and other protective clothing,
failure to train and failure to perform medical surveillance.
Frank Parker, an
industrial hygiene consultant in Magnolia, said the most pervasive problem
he sees is unsafe entry into confined spaces, such as chemical storage
tanks. "People have basically no pre-entry routine for knowing what
chemicals are in there," Parker said. "These tanks are used
for everything. I did a case in Wyoming last year where a kid was sent
in to clean a tank, was overcome by chemicals, fell and drowned in residual
solvents."
NIOSH did on-site
investigations of 70 confined-space deaths between 1983 and 1993. There
were more of these deaths -- 18 -- in construction than any other industry.
Hispanics, who make
up much of the construction work force in Texas and other states, may
be at elevated risk of illness, injury and death because of language difficulties
and employers' apathy.
"When one dies,
you go get another one," said Houston attorney Glenn Douglas, who
has represented the families of hundreds of dead construction workers,
most of them Hispanic. "It's like buying a hammer at Ace Hardware."
In one of Douglas'
recent cases, three contract laborers -- ages 24, 27 and 40 -- were asphyxiated
after being sent, without required confined-spaces training, into a 14-foot
sewage manhole near Mount Pleasant in northeast Texas.
OSHA fined the contractor,
Onco Enterprises of Round Rock, $3,000 per death, an amount Douglas finds
preposterous.
"This was the
single most callous treatment of employees I've ever seen," he said.
"This contractor was ripe to get its bell rung." Onco officials
could not be located for comment.
Health and safety
compliance officers in OSHA's Region VI, which includes Texas and four
other states, say they are pressured to generate inspection "numbers"
to meet agency-imposed goals. Inspection quality, the officers say, often
yields to quantity, and deaths, illnesses and injuries may be occurring
as a result. Construction sites are prime inspection targets because they
typically yield numerous -- though often minor -- safety violations; time-consuming
construction health inspections tend to fall by the wayside. Gilbert Saulter,
OSHA's regional administrator in Dallas, said that "while we use
numbers to gauge our performance, quality and elimination of hazards is
our goal."
Regulators and researchers
cannot make accurate estimates of the incidence of construction industry
illnesses and injuries because the reporting of data is so spotty. Some
employers flout OSHA record-keeping rules, which require that all but
the most minor work-related injuries and illnesses be logged and made
available for inspection by workers as well as the agency. OSHA chief
Joe Dear called record-keeping "extremely important. If you don't
know where the problems are, you can't target the resources."
OSHA has just completed
a major record-keeping inspection at the headquarters of BE&K Inc.
of Birmingham, Ala., one of the nation's biggest construction contractors.
Sources say the agency has found violations of nonreporting and late reporting
and is considering penalties. Last year OSHA cited BE&K for failing
to report 19 injuries at a Maine paper mill and proposed a $70,000 fine;
BE&K paid $30,000 in February under terms of a settlement. In August
the Tennessee Department of Labor's Division of Occupational Safety and
Health proposed penalties of $125,000 against the company for record-keeping
violations at a construction site in Chattanooga.
Said BE&K's
chairman and chief executive officer, Ted C. Kennedy: "We made some
mistakes. We don't think we have a record-keeping problem, but we audit
ourselves and we are being audited."
The Texas workers'
compensation system, restructured four years ago after much debate, can
be a harrowing maze for workers, the majority of whom lack legal representation
at decisive contested-case hearings. Those who claim to have work-related
illnesses, as opposed to clearly defined injuries, may have the hardest
time of all. Insurance carriers in most cases are represented by experienced
attorneys and pay expert medical witnesses hundreds of dollars an hour
to testify that workers' ailments are not work-related. Even before the
hearing, a worker may be sent to a doctor who -- unknown to the patient
-- makes large sums of money from insurance companies or employers.
THESE abuses and
deficiencies hit hard against trades which, for more than a century, offered
gratifying, if demanding, life's work to young Americans. Building trades
workers were admired and appreciated.
"The callous
palms of the laborer are conversant with finer tissues of self-respect
and heroism," wrote Henry David Thoreau in his essay "Walking,"
published in 1862.
Much has changed.
On the positive
side, construction jobs are generally safer than they were decades ago,
as companies have acknowledged dangers long denied or have been forced
into safer practices by regulators.
But even as hundreds
of exotic chemicals appear in the workplace, fewer construction workers
belong to unions and serve apprenticeships, and training is sporadic.
More workers speak
languages other than English. Small, seat-of-the-pants contractors abound.
And contract workers lack the long-term connections with specific companies
and familiarity with work sites that foster
safety.
Two years ago in
San Francisco, Kennedy, of contractor BE&K, looked out over an audience
of chemical plant and refinery owners and began a diatribe.
Workers, he said,
were being treated like "seasonal harvest hands," with few benefits
and little job security. Project owners were obsessed with the bottom
line and seemed not to care whether craftspeople made decent wages or
had safe workplaces. Contractors were "whores" who eagerly sold
their services to the owners, "just as a prostitute sells her body."
"We'll train
you -- on your own time -- and we'll send you to jobs that are hot, cold
and certainly dirty," said Kennedy, whose company is nonunion and
who has emerged as a spokesman for that segment of the industry. "You'll
have to leave your family and likely share less-than-desirable living
accommodations. You'll be exposed to one of the more dangerous occupations,
but if the law doesn't protect you, in all likelihood we won't either.
"And for all
this goodness, what do we ask in return? Enthusiasm, loyalty, hard work,
initiative and a hearty smile."
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