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Showing posts sorted by relevance for query safety. Sort by date Show all posts
Showing posts sorted by relevance for query safety. Sort by date Show all posts

Sunday, July 7, 2013

Fashion Safety - Why Won't American Companies Get In Line?

US retailers are continuing to ignore the deadly working conditions in Bangladesh. Fashion Safety was the 1911 catalyst for bringing safer working conditions to Americans and established a legal basis for compensation for occupational injuries outside of the civil justice system.

While the European companies are now joining together, along with economic interests, to establish a program for safer Bangladeshi garment factories following the recent tragedies, major US retailers like Walmart, Target and the Gap are ignoring the effort.

"Labor and consumer groups have pressed Western retailers to join the plan, especially after the factory building collapse and after a fire last November killed 112 workers in a Bangladesh factory. The plan, which many labor unions and nongovernment organizations also have signed, is called the Accord on Fire and Building Safety in Bangladesh."
Click here to read: Clothiers Act To Inspect Bangladeshi Factories (NY Times)

Safety Inspector Sought
Bangladesh Safety Accord Seeks Chief Safety Inspector. The Accord on Fire and Building Safety in Bangladesh garment factories is seeking a chief Safety Inspector to recruit, train, deploy and manage an inspectorate in Bangladesh to protect the safety and health of four million garment workers. The Accord has been signed by more than 50 clothing companies and the Global Unions IndustriALL and UNI. The Safety Inspector will be paid US$200,000 and divide his/her time between Dhaka, Bangladesh and an office in Europe. All interested candidates can obtain the full job description from <bangladeshaccord@gamil.com> and the application period closes on July 30, 2013.

Text of job announcement:

Accord on Fire and Building Safety in Bangladesh

Safety Inspector: Terms of Reference / Job Posting

Introduction

The Accord on Fire and Building Safety in Bangladesh (“Accord”) is an historic agreement between the Global Unions IndustriALL, and UNI, and numerous global Brands and Retailers, to improve safety standards in Bangladeshi textile and garment industries. The Accord is governed by a Steering Committee appointed by the signatories.

Terms of Reference

The Safety Inspector, reporting to the Steering Committee, will recruit, train, develop, deploy and supervise an inspectorate capable of evaluating fire and electrical safety, structural safety, and worker safety in Bangladeshi garment factories that supply the Brands. The successful candidate will divide his/her time between Dhaka, Bangladesh and an office to be established in Europe.

The Safety Inspector will coordinate a preliminary classification of factories based on existing and provided information, brief initial inspections where necessary, and take into consideration other recent audits performed by some of the Brands.

S/he will recommend to the Accord Steering Committee fire safety and building safety standards that will be applied by the Accord. Developing these recommendations is anticipated to be an ongoing process that may take a considerable amount of time. These must satisfy, but may go well beyond, existing Bangladeshi regulations and standards.

S/he will recommend to the Steering Committee a methodology for safety inspections and interventions, taking into consideration the successes and failures of previous similar initiatives. This methodology must be able to be set out as guidelines for the inspectorate to be trained on and to follow. Methodologies may be necessary for both quick screening inspections and more in-depth analyses.

The Safety Inspector and the inspectorate must as a group be capable of evaluating:

- structural hazards such as design and material deficiency, insufficient consideration of geological or environmental conditions, overloading, etc.

- fire hazards, including general housekeeping, storage of flammables, dust control, sources of ignition (cutting, welding, open flame, electrical installations, heating systems, boilers etc.), as well as inadequate emergency procedures and escape routes.

- workplace hazards resulting from unsafe materials (including dangerous chemicals), tools, electrical installations, equipment, poor ergonomic design, or a contaminated or overcrowded workplace environment.

- hazards resulting from work organization, such as lack of training, lack of effective workplace health and safety committees, lack of attention to workers' rights (such as the right to refuse unsafe work) and other management policies and practices that would put buildings and the people in them at risk.

The Safety Inspector and the inspectorate as a group will prioritize factories based on the degree of remediation required. Based on the inspection findings, s/he will recommend remedial action for building and fire safety, including worker and management training, fire detection, protection, and firefighting measures, as well as evacuation measures and the need for practice drills. These recommendations will be provided to factory owners, Brands contracting products from the factories and the Steering Committee.

The preceding points are not an exhaustive list. The Safety Inspector will work with the Steering Committee to establish a more complete job description.

Qualifications and Skills Desired

The ideal candidate will be able to apply extensive technical skills with leadership, diplomacy, and courage.

Qualifications

The ideal candidate will have knowledge of most of the safety disciplines described below, but it is understood that the successful person may not have expert-level knowledge in all these areas and should be free to consult other experts where required.

- Bachelor's degree or higher in a related discipline such as civil, structural, or fire engineering

- Thorough knowledge of the building and/or fire safety codes of a high-standard jurisdiction.

- Professional certification or licensing by a major national or international body

- Minimum 10 years of relevant experience

Skills

- The skills necessary to establish and lead a group and administer a budget approved by the Steering Committee are essential.

-  Evidence of social and cultural sensitivity; some knowledge of human and labour rights, are important assets.

Compensation

This is a high-level position. Depending on qualifications and experience, the salary for this position will be in the range of $200,000 USD with a generous benefits package.

How to Apply

Closing date for applications: 30 July, 2013

Contact: Please send a letter of interest and a detailed curriculum vitae with references to:

Interim Secretariat
Accord on Fire and Building Safety in Bangladesh
c/o UNI Global Union
8-10 avenue Reverdil
CH-1260 Nyon
Switzerland

Email: bangladeshaccord@gmail.com

Friday, January 16, 2026

Safety Training Saves Lives and Money

How Proactive Workplace Safety Reduces Workers' Compensation Claims and Prevents Accidents

Workplace injuries remain a costly reality for American businesses. According to the latest data from Liberty Mutual's 2025 Workplace Safety Index, employers pay more than $1 billion per week in direct workers' compensation costs for disabling, non-fatal workplace injuries. The National Safety Council estimates that work-related deaths and injuries cost the nation nearly $1.2 trillion annually. But there's a proven solution: comprehensive safety training.

The Real Cost of Inadequate Training

The financial impact of workplace accidents extends far beyond immediate medical costs. When an employee is injured on the job, the average cost per medically consulted injury reaches approximately $42,000. For fatalities, that number exceeds $1.3 million per employee. These figures don't account for indirect costs like lost productivity, temporary replacement workers, overtime pay, legal fees, and increased insurance premiums.

Consider the ripple effects: an injured worker typically misses eight days of work on average, though serious injuries can result in 18 or more days of absence. During this time, other team members must pick up the slack, productivity declines, and business operations suffer. A study by the Integrated Benefits Institute found that for every dollar spent on healthcare benefits, an additional $0.61 in productivity is lost due to illness and injury.

Safety Training: A Proven ROI

The good news? Investing in workplace safety training delivers remarkable returns. OSHA research demonstrates that employers save $4 to $6 for every $1 invested in effective safety programs. A groundbreaking California study revealed even more impressive results: workplaces that underwent Cal/OSHA inspections experienced a 9.4% drop in injury claims and 26% average savings on workers' compensation costs over four years—saving an estimated $355,000 per inspected firm.

Real-world case studies confirm these findings:

  • A logistics company reduced workers' compensation claims by 25% after revamping its safety training program
  • A manufacturing facility achieved a 40% reduction in accident rates within one year of implementing rigorous safety training
  • A trucking fleet saved over $250,000 annually by reducing collisions through comprehensive driver safety programs

The New Worker Risk Factor

Recent data from Travelers Companies reveals a concerning trend: new employees face a disproportionately higher risk of injury. Analysis of over 2.6 million workers' compensation claims shows that inadequate training during the crucial first weeks of employment significantly increases the likelihood of accidents.

This vulnerability affects all industries but is particularly acute in high-risk sectors like construction, manufacturing, healthcare, and transportation. Companies that implement structured onboarding with comprehensive safety training during an employee's first 30-90 days see dramatically lower injury rates.

Top Causes of Preventable Workplace Injuries

According to the latest research, the two leading causes of workplace injuries are:

  1. Overexertion (29% of injuries): Improper lifting techniques, repetitive motions, and physical strain
  2. Slips, Trips, and Falls (23% of injuries): Wet surfaces, cluttered walkways, inadequate lighting, and improper footwear

Combined, these two categories alone cost employers $32.65 billion in 2024. Both are highly preventable through proper training and workplace modifications.

Building an Effective Safety Culture

Creating a culture of safety requires more than one-time training sessions. Industry leaders recommend:

Comprehensive Onboarding: New employees should receive role-specific safety training before beginning work. This includes hazard recognition, proper equipment use, emergency procedures, and reporting protocols.

Ongoing Education: Regular refresher courses keep safety top of mind and address emerging hazards. Digital training platforms make it easy to deliver consistent, trackable training across all locations.

Hazard-Specific Training: Focus on the most common risks in your industry. Manufacturing facilities need machinery safety protocols, construction sites require fall protection training, and healthcare workers need proper patient handling techniques.

Heat Illness Prevention: For outdoor and industrial workers, heat-related illness prevention training is critical, especially during the summer months. Workers need to recognize symptoms, understand acclimatization periods, and know when to seek medical attention.

Ergonomic Training: Teaching proper posture, lifting techniques, and workstation setup can reduce the risk of repetitive strain injuries by up to 30%.

The Impact on Experience Modification Rates

Workers' compensation premiums are calculated using your company's Experience Modification Rate (EMR), which compares your claims history to others in your industry. An EMR of 1.0 is average; below 1.0 results in premium discounts, while above 1.0 means surcharges.

Every prevented accident directly improves your EMR and reduces premiums. Companies that implement robust safety training programs often see their EMR drop significantly over 2-3 years, resulting in substantial long-term savings.

Beyond Cost Savings

While the financial benefits are compelling, the human impact matters most. Effective safety training:

  • Protects workers from life-altering injuries
  • Demonstrates employer commitment to employee well-being
  • Improves employee morale and retention
  • Enhances the company's reputation as an employer of choice
  • Reduces regulatory violations and OSHA penalties
  • Boosts overall productivity and efficiency

Taking Action

The evidence is clear: comprehensive safety training is not an expense—it's a strategic investment that protects both people and profits. Organizations that embrace proactive safety programs reduce claims, lower insurance costs, and create safer, more productive workplaces.

As workplace safety expert Rick Finemann of Berkshire Hathaway Homestate Companies emphasizes, "The dollars tied up in claims are staggering, but the real cost is in the human impact and the productivity you lose. That's why prevention is always more powerful than paying claims after the fact."

Every accident prevented is a life protected and a cost avoided. The time to invest in safety training is now—before the next preventable injury occurs.

Key Resources

OSHA Business Case for Safety and Health
https://www.osha.gov/businesscase

Liberty Mutual Workplace Safety Index
https://business.libertymutual.com/insights/workplace-safety-index/

National Safety Council
https://www.nsc.org/workplace

Compliance Solutions - Safety Training ROI
https://csregs.com/blogs/eh-s-e-learning/financial-benefits-of-preventing-workplace-injuries-through-safety-training

EHS Today - Online Safety Training and Workers' Comp
https://www.ehstoday.com/training-and-engagement/article/55323536/online-safety-training-is-a-direct-path-to-reducing-workers-compensation-premiums

Blog: Workers' Compensation

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: "Workers' Compensation Law" West-Thomson-Reuters

Mastodon:@gelman@mstdn.social

Blue Sky: jongelman@bsky.social

Substack: https://jongelman.substack.com/


© 2026 Jon L Gelman. All rights reserved.


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Disclaimer

This blog post was updated on 1/16/2026

Tuesday, November 18, 2025

New Jersey's Workplace Safety Wins

A data-driven examination of seven years of workers' compensation trends reveals encouraging progress—and work still needs to be done.

Tuesday, June 4, 2019

Safety Incentive Programs: Lawful? Effective?

Today's guest author is Jon Rehm, Esq. of the Nebraska bar.

The ” _____ days without an accident sign” is a common feature in many workplaces. These signs are often parts of employer safety incentive programs. These programs intend to reduce work injuries which should reduce workers’ compensation expenses for business.

Often these programs include money or other financial incentives for employees. The use of programs that financially rewards employees presents three questions to me. Are these programs lawful, are they effective and are their other ways to improve workplace safety?

Are employer incentive programs lawful?

In 2018 the Department of Labor reversed Obama era regulatory guidance that safety incentive programs would violate OSHA anti-retaliation rules. The concern of the previous administration was that safety incentive programs discouraged reporting of injuries. But even the Trump DOL believes that a lawful safety incentive program must include anti-retaliation training and also address “near misses” or incidents that were nearly accidents so as not to discourage the reporting of workers’ compensation claims.

OSHA regulations largely address how that federal agency enforces workplace safety law. Employees can’t sue their employers for violations of OSHA. But in certain industries, OSHA allows whistleblower cases for employees reporting unsafe work condtions. Similarly, state laws can allow employees to being retaliation cases for reporting safety problems and or reporting a work injury. Safety incentive programs that penalize workers for injuries could violate anti-retaliation laws depending on how they are designed.

Are safety incentive programs effective?

Safety experts have questioned the effectiveness of directly rewarding employees for not being hurt. These experts believe that these programs lead employees to cover up injuries which could cover up bigger safety issues. Philadelphia attorney Richard Jaffe criticized safety incentive programs because they are premised on the fact that employees create unsafe conditions. Put another way, the programs are premised on the assumption that employees are to blame for getting hurt.

There is powerful anecdote about the failure of some safety incentive programs. The Massey Energy Upper Big Branch Mine explosion killed 29 West Virginia minors in 2010. Massey’s CEO Don Blankenship had a safety incentive program that included sporting equipment and luxury goods for minors who didn’t miss work for accidents. Blankenship was convicted of violating safety standards in connection with the Upper Big Branch explosion.

The Upper Big Branch explosion coupled with the callousness of Don Blankenship is an extreme example of what could go wrong with employee safety incentive programs.

So what works?

Safety programs that involve employees working with management are the most effective. Employee input is critical because employees often have the most knowledge about a job. They also have a strong incentive to avoid injury.

Unions give employees a say in their workplace. Not surprisingly, studies in the United Statesand Canada show unionized workplaces are safer than non-unionized workplaces. Scholars have coined the term “union safety dividend” to describe the workplace safety benefits associated with unions.

I think unions are a better safety tool than programs that target worker behavior because they don’t assume that workers are at fault for their injuries. There are times where an employee may be at fault or share fault for an injury. But that’s why workers compensation pays limited benefits regardless of fault. Workplace safety programs that incorporate employee and employer viewpoints realize that risks in the workplace can come from employer, employee and third parties like equipment manufacturers.

Wednesday, July 15, 2020

Workers’ Compensation Insurer Responses to COVID-19


This free NIOSH Center for Workers’ Compensation Studies (CWCS) webinar will highlight the ways that many insurers are responding to COVID 19:
  • Communicating prevention programs
  • Providing funding for engineering controls and PPE
  • Providing remote risk control services

Monday, May 20, 2013

The International Call for Fashion Safety - Accord on Fire and Building Safety in Bangladesh


MAY 13, 2013 
Accord on Fire and Building Safety in Bangladesh

The undersigned parties are committed to the goal of a safe and sustainable Bangladeshi ReadyMade Garment ("RMG") industry in which no worker needs to fear fires, building collapses, or 
other accidents that could be prevented with reasonable health and safety measures. 
The signatories to this Agreement agree to establish a fire and building safety program in 
Bangladesh for a period of five years. 

The programme will build on the National Action Plan on Fire Safety (NAP), which expressly 
welcomes the development and implementation by any stakeholder of any other activities that 
would constitute a meaningful contribution to improving fire safety in Bangladesh. The 
signatories commit to align this programme and its activities with the NAP and to ensure a close 
collaboration, including for example by establishing common programme, liaison and advisory 
structures.

The signatories also welcome a strong role for the International Labour Organization (ILO), 
through the Bangladesh office as well as through international programmes, to ensure that both 
the National Action Plan, and the programme foreseen by the signatories of this Agreement, get 
implemented. 

The signatories shall develop and agree an Implementation Plan within 45 days of signing this 
Agreement. The nongovernmental organisations which are signatories to the Joint Memorandum 
of Understanding on Fire and Building Safety (dated March 15, 2012), having stated their 
intention to support the implementation of this programme, shall, at their own election, be signed 
witnesses to this Agreement. 

This Agreement commits the signatories to finance and implement a programme that will take 
cognizance of the Practical Activities described in the NAP involving, at minimum, the following 
elements:

SCOPE: The agreement covers all suppliers producing products for the signatory companies. 
The signatories shall designate these suppliers as falling into the following categories, according 
to which they shall require these supplier to accept inspections and implement remediation 
measures in their factories according to the following breakdown: 

1. Safety inspections, remediation and fire safety training at facilities representing, in the 
aggregate, not less than 30%, approximately, of each signatory company’s annual 
production in Bangladesh by volume (“Tier 1 factories”).

2. Inspection and remediation at any remaining major or long-term suppliers to each 
company (“Tier 2 factories”). Together, Tier 1 and Tier 2 factories shall represent not less 
than 65%, approximately, of each signatory company’s production in Bangladesh by 
volume. 

3. Limited initial inspections to identify high risks at facilities with occasional orders, onetime orders or those for which a company’s orders represent less than 10% of the MAY 13, 2013 
factory’s production in Bangladesh by volume (“Tier 3 factories”). Nothing in this 
paragraph shall be deemed to alleviate the obligation of each signatory company to 
ensure that those factories it designates as Tier 3 represent, in the aggregate, no more than 
35%, approximately, of its production in Bangladesh by volume. Facilities determined, as 
a result of initial inspection, to be high risk shall be subject to the same treatment as if 
they were Tier 2 factories. 

GOVERNANCE:

4. The signatories shall appoint a Steering Committee (SC) with equal representation 
chosen by the trade union signatories and company signatories (maximum 3 seats each) 
and a representative from and chosen by the International Labour Organization (ILO) as a 
neutral chair. The SC shall have responsibility for the selection, contracting, 
compensation and review of the performance of a Safety Inspector and a Training 
Coordinator; oversight and approval of the programme budget; oversight of financial 
reporting and hiring of auditors; and such other management duties as may be required. 
The SC will strive to reach decision by consensus, but, in the absence of consensus, 
decisions will be made by majority vote. In order to develop the activity of the SC, a 
Governance regulation will be developed. 

5. Dispute resolution. Any dispute between the parties to, and arising under, the terms of 
this Agreement shall first be presented to and decided by the SC, which shall decide the 
dispute by majority vote of the SC within a maximum of 21 days of a petition being filed by 
one of the parties. Upon request of either party, the decision of the SC may be appealed to 
a final and binding arbitration process. Any arbitration award shall be enforceable in a 
court of law of the domicile of the signatory against whom enforcement is sought and 
shall be subject to The Convention on the Recognition and Enforcement of Foreign 
Arbitral Awards (The New York Convention), where applicable. The process for binding 
arbitration, including, but not limited to, the allocation of costs relating to any arbitration 
and the process for selection of the Arbitrator, shall be governed by the UNCITRAL 
Model Law on International Commercial Arbitration 1985 (with amendments as adopted 
in 2006). 

6. The signatories shall appoint an Advisory Board involving brands and retailers, suppliers, 
government institutions, trade unions, and NGOs. . The advisory board will ensure all 
stakeholders, local and international, can engage in constructive dialogue with each other 
and provide feedback and input to the SC, thereby enhancing quality, efficiency, 
credibility and synergy. The SC will consult the parties to the NAP to determine the 
feasibility of a shared advisory structure. 

7. Administration and management of the programme will be developed by the SC in 
consultation with the 'High-Level Tripartite Committee' established to implement and 
oversee the National Action Plan on Fire Safety, as well as with the Ministry of Labour 
and Employment of Bangladesh (MoLE), the ILO and the Deutsche Gesellschaft für 
Internationale Zusammenarbeit GmbH (GIZ), to maximize synergy at operational level; 
and the SC may make use of the offices of GIZ for administrative coordination and 
support.

CREDIBLE INSPECTIONS:

8. A qualified Safety Inspector, with fire and building safety expertise and impeccable 
credentials, and who is independent of and not concurrently employed by companies, 
trade unions or factories, shall be appointed by the SC. Providing the Chief Inspector acts 
in a manner consistent with his or her mandate under the provisions of this Agreement, 
and unless there is clear evidence of malfeasance or incompetence on his or her part, the 
SC shall not restrict or otherwise interfere with the Chief Inspector’s performance of the 
duties set forth in the Agreement as he or she sees fit, including the scheduling of 
inspections and the publishing of reports.

9. Thorough and credible safety inspections of Tier 1, 2 and 3 factories shall be carried out 
by skilled personnel selected by and acting under the direction of the Safety Inspector, 
based on internationally recognized workplace safety standards and/or national standards 
(once the review foreseen under the NAP is completed in June 2013). The Safety 
Inspector shall make all reasonable efforts to ensure that an initial inspection of each 
factory covered by this Agreement shall be carried out within the first two years of the 
term of this Agreement. The Safety Inspector will be available to provide input into the 
NAP legislative review and to support capacity building work regarding inspections by 
the MoLE foreseen under the NAP. 

10. Where a signatory company’s inspection programme, in the opinion of the Safety 
Inspector, meets or exceeds the standards of thorough and credible inspections, as defined 
by the Safety Inspector, it will be considered an integral part of the programme activities 
set forth in this Agreement. Signatory companies wishing to have their inspection 
programme so considered shall provide the Safety Inspector full access to the findings of 
their inspections and he or she will integrate these into reporting and remediation 
activities. Notwithstanding this provision, all factories within the scope of this Agreement 
shall still be subject to all the provisions of this Agreement, including but not limited to a 
least one safety inspection carried out by personnel acting under the direction of the 
Safety Inspector. 

11. Written Inspection Reports of all factories inspected under the programme shall be 
prepared by the Safety Inspector within two (2) weeks of the date of inspection and 
shared upon completion with factory management, the factory’s health and safety 
committee, worker representatives (where one or more unions are present), signatory 
companies and the SC. Where, in the opinion of the Safety Inspector, there is not a 
functioning health and safety committee at the factory, the report will be shared with the 
unions which are the signatories to this Agreement. Within a timeline agreed by the SC, 
but no greater than six weeks, the Safety Inspector shall disclose the Inspection Report to 
the public, accompanied by the factory’s remediation plan, if any. In the event that, in 
the opinion of the Safety Inspector, the inspection identifies a severe and imminent 
danger to worker safety, he or she shall immediately inform factory management, the 
factory’s health and safety committee, worker representatives (where one or more unions 
are present), the Steering Committee and unions which are signatories to this Agreement, 
and direct a remediation plan.

REMEDIATION:
12. Where corrective actions are identified by the Safety Inspector as necessary to bring a 
factory into compliance with building, fire and electrical safety standards, the signatory 
company or companies that have designated that factory as a Tier 1, 2, or 3 supplier, shall 
require that factory to implement these corrective actions, according to a schedule that is 
mandatory and time-bound, with sufficient time allotted for all major renovations.
13. Signatory companies shall require their supplier factories that are inspected under the 
Program to maintain workers’ employment relationship and regular income during any 
period that a factory (or portion of a factory) is closed for renovations necessary to 
complete such Corrective Actions for a period of no longer than six months. . Failure to 
do so may trigger a notice, warning and ultimately termination of the business 
relationship as described in paragraph 21. 

14. Signatory companies shall make reasonable efforts to ensure that any workers whose 
employment is terminated as a result of any loss of orders at a factory are offered 
employment with safe suppliers, if necessary by actively working with other suppliers to 
provide hiring preferences to these workers.

15. Signatory companies shall require their supplier factories to respect the right of a worker 
to refuse work that he or she has reasonable justification to believe is unsafe, without 
suffering discrimination or loss of pay, including the right to refuse to enter or to remain 
inside a building that he or she has reasonable justification to believe is unsafe for 
occupation. 

TRAINING:
16. The Training Coordinator appointed by the SC shall establish an extensive fire and building 
safety training program. The training program shall be delivered by a selected skilled 
personnel by the Training Coordinator at Tier 1 facilities for workers, managers and 
security staff to be delivered with involvement of trade unions and specialized local 
experts. These training programmes shall cover basic safety procedures and precautions, 
as well as enable workers to voice concerns and actively participate in activities to ensure 
their own safety. Signatory companies shall require their suppliers to provide access to 
their factories to training teams designated by the Training Coordinator that include 
safety training experts as well as qualified union representatives to provide safety training 
to workers and management on a regular basis. 

17. Health and Safety Committees shall be required by the signatory companies in all 
Bangladesh factories that supply them, which shall function in accordance with 
Bangladeshi law, and be comprised of workers and managers from the applicable factory. 
Worker members shall comprise no less than 50% of the committee and shall be chosen 
by the factory’s trade union, if present, and by democratic election among the workers 
where there is no trade union present.

COMPLAINTS PROCESS:
18. The Safety Inspector shall establish a worker complaint process and mechanism that 
ensures that workers from factories supplying signatory companies can raise in a timely 
fashion concerns about health and safety risks, safely and confidentially, with the Safety 
Inspector. This should be aligned with the Hotline to be established under the NAP. 

TRANSPARENCY AND REPORTING:
19. The SC shall make publicly available and regularly update information on key aspects of 
the programme, including:

a. a single aggregated list of all suppliers in Bangladesh (including sub-contractors) 
used by the signatory companies, based on data which shall be provided to the SC 
and regularly updated by each of the signatory companies, and which shall 
indicate which factories on this list have been designated by that company as Tier 
1 factories and which have been designated by that company as Tier 2 factories, 
however volume data and information linking specific companies to specific 
factories will be kept confidential, 

b. Written Inspection Reports, which shall be developed by the Safety Inspector for 
all factories inspected under this programme, shall be disclosed to interested 
parties and the public as set forth in paragraph 11 of this Agreement. 
Public statements by the Safety Inspector identifying any factory that is not acting 
expeditiously to implement remedial recommendations. 

c. Quarterly Aggregate Reports that summarize both aggregated industry 
compliance data as well as a detailed review of findings, remedial 
recommendations, and progress on remediation to date for all factories at which 
inspections have been completed.

20. The signatories to this Agreement shall work together with other organizations such as ILO 
and the High-Level Tripartite Committee and the Bangladeshi Government to encourage 
the establishment of a protocol seeking to ensure that suppliers which participate fully in 
the inspection and remediation activities of this Agreement shall not be penalised as a 
result of the transparency provisions of this Agreement. The objectives of the protocol 
are to (i) support and motivate the employer to take remediation efforts in the interest of 
the workforce and the sector and (ii) expedite prompt legal action where the supplier 
refuses to undertake the remedial action required to become compliant with national law. 

SUPPLIER INCENTIVES: 
21. Each signatory company shall require that its suppliers in Bangladesh participate fully in 
the inspection, remediation, health and safety and, where applicable, training activities, as 
described in the Agreement. If a supplier fails to do so, the signatory will promptly
implement a notice and warning process leading to termination of the business 
relationship if these efforts do not succeed. 

22. In order to induce Tier 1 and Tier 2 factories to comply with upgrade and remediation 
requirements of the program, participating brands and retailers will negotiate commercial terms 
with their suppliers which ensure that it is financially feasible for the factories to maintain safe 
workplaces and comply with upgrade and remediation requirements instituted by the Safety 
Inspector. Each signatory company may, at its option, use alternative means to ensure factories 
have the financial capacity to comply with remediation requirements, including but not limited to 
joint investments, providing loans, accessing donor or government support, through offering 
business incentives or through paying for renovations directly. 

23. Signatory companies to this agreement are committed to maintaining long-term sourcing 
relationships with Bangladesh, as is demonstrated by their commitment to this five-year 
programme. Signatory companies shall continue business at order volumes comparable to or 
greater than those that existed in the year preceding the inception of this Agreement with Tier 1 
and Tier 2 factories at least through the first two years of the term of this Agreement, provided 
that (a) such business is commercially viable for each company and (b) the factory continues to 
substantially meet the company’s terms and comply with the company’s requirements of its 
supplier factories under this agreement. 

FINANCIAL SUPPORT:
24. In addition to their obligations pursuant to this Agreement, signatory companies shall 
also assume responsibility for funding the activities of the SC, Safety Inspector and 
Training Coordinator as set forth in this Agreement, with each company contributing its 
equitable share of the funding in accordance with a formula to be established in the 
Implementation Plan. The SC shall be empowered to seek contributions from 
governmental and other donors to contribute to costs. Each signatory company shall 
contribute funding for these activities in proportion to the annual volume of each 
company’s garment production in Bangladesh relative to the respective annual volumes 
of garment production of the other signatory companies, subject to a maximum 
contribution of $500,000 per year for each year of the term of this Agreement. A sliding 
scale of minimum contributions based on factors such as revenues and annual volume in 
Bangladesh will be defined in the Implementation Plan with annual revisions, while 
ensuring sufficient funding for the adequate implementation of the Accord and the Plan. 

25. The SC shall ensure that there are credible, robust, and transparent procedures for the 
accounting and oversight of all contributed funds.

See also: 

Public Outrage Over Factory Conditions Spurs Labor Deal (NY Times) 

......................................

UNI Global Press Release

Politicians on both sides of the Atlantic are waking up to the fact they must take an initiative on Bangladesh garment factory safety.
Global commerce union leaders are urging all governments to commit to the Accord on Fire and Building Safety and push for its speedy implementation. 

The Netherlands Government has called on Dutch retailers to sign the Accord and discussed financial support to improve conditions for the Bangladeshi garment industry. Other European governments, notably France, Denmark and Norway have also shown support. In the U.S. a group of leading Senators has written to retail CEOs who have not signed up, including Walmart and Gap, urging them to reconsider.

The legally binding Accord, driven by IndustriALL and UNI Global Union and the NGOs, the Clean Clothes Campaign and the Worker Rights Consortium, has a critical mass of support from leading retailers around the world with more than 35 brands confirmed:

H&M, Inditex, C&A, PVH, Tchibo, Tesco, Marks & Spencer, Primark, El Corte Inglés, jbc, Mango, Carrefour, KiK, Helly Hansen, G-Star, Aldi, New Look, Mothercare, Loblaws, Sainsbury’s, Benetton, N Brown Group, Stockmann, WE Europe, Esprit, Rewe, Next, Lidl, Hess Natur, Switcher, Abercrombie & Fitch, John Lewis, Charles Vögele, V&D, Otto Group, s.Oliver, Bonmarche, HEMA, Comtex.

UNI Global Union General Secretary, Philip Jennings said, “There can be no excuses from the retail sector for not signing up to the Accord, when Walmart alone spends $2.5 billion per year on advertising and Gap $653 million.” 

The trade unions committed to take the message back to their home governments to insist the retail sector backs the deal and that grass root members of parliament mobilise to support it.

Union leaders said it was time for governments to step up.

Per Tønnesen, President of the Danish union HK HANDEL said, “We welcome the fact that the Danish Trade Minister has raised the Bangladesh Factory Safety deal and shown support. This is an important step to convince Danish brands to sign the Accord. All Danish retail companies must be urged to support the Accord. HK HANDEL is looking forward to playing its part in rolling out the implementation plan and the governments should be on-board.” 

John Hannett, General Secretary of USDAW in the UK and President of UNI Europa Commerce said, “The British Government must get behind the Bangladeshi Safety deal but so must politicians of every political persuasion. The big UK retailers have shown their support for the Accord and now it’s up to the politicians to help convince those who have not yet signed. The French Commerce Minister has called on companies, unions and NGOs to come together to discuss concrete steps to improve factory safety in Bangladesh and the Dutch have made their position clear and are considering financial support – the UK must not drag its heels.” 

Michael Bride, of the United Food and Commercial Workers Union of North America said, "We applaud the group of eight U.S. Senators, led by Sherrod Brown, Tom Harkin and Dick Durbin, for calling on those brands yet to sign the Accord to reconsider. U.S. corporations should understand that their efforts to excuse themselves from human rights obligations which companies elsewhere have signed up to will be neither easily forgotten nor forgiven. The U.S. Government has a responsibility to ensure that companies located in its jurisdiction are not permitted to adhere to a lesser standard on human rights and safety than companies in the rest of the world."

The shoe factory collapse in Cambodia earlier this week has underlined that factory safety is not an issue confined to Bangladesh and that such an agreement is vital for the whole retail industry. 

Saturday, April 20, 2013

Employer Fraud: Safety Manager Conceals Employee Injuries for Bonus


On Apr. 11, 2013, Walter Cardin, 55, of Metairie, La., was sentenced to serve 78 months in prison followed by two years of supervised release, by the Honorable Curtis L. Collier, U.S. District Judge. Cardin was convicted at trial in November 2012, after being charged by a federal grand jury with eight counts of major fraud against the Tennessee Valley Authority (TVA), an agency of the United States.

The indictment and subsequent conviction of Cardin was the result of a six-year
investigation conducted by the TVA-Office of Inspector General (TVA-OIG). The trial revealed that Cardin, as safety manager for the Shaw Group (formerly Stone & Webster Construction) at TVA’s Brown’s Ferry Nuclear site in Athens, Ala., provided false and misleading information about injuries at that facility as well as TVA’s Sequoyah Nuclear site in Soddy Daisy, Tenn., and TVA’s Watts Bar Nuclear site near Spring City, Tenn. 

The Shaw Group had a contract with TVA to provide maintenance and modifications to the three facilities and to provide construction for the Brown’s Ferry Unit Number 1 reactor restart. Cardin generated false injury rates which were used by the Shaw Group to collect safety bonuses of over $2.5 million from TVA. As part of a civil agreement filed with the United States in 2008, the Shaw Group paid back twice the amount of the ill-gotten safety bonuses.

Saturday, May 3, 2014

Republic Steel reach comprehensive settlement agreement over safety and health violations

The U.S. Department of Labor's Occupational Safety and Health Administration today announced that Republic Steel has agreed to settle alleged health and safety violations at the company's facilities in Lorain, Canton and Massillon, Ohio, as well as Blasdell, N.Y. The comprehensive settlement, in which the company agrees to abate all cited hazards and implement numerous safeguards to prevent future injuries, addresses more than 100 safety and health violations found by OSHA at the company's facilities during inspections conducted in the fall of 2013. The agreement also resolves contested citations from two previous inspections regarding a June 2013 arc flash incident at the Lorain facility and a case alleging numerous fall hazards at the company's Canton facility that OSHA issued in August of 2013.

Under the terms of the settlement agreement, Republic Steel has agreed to pay $2.4 million, and has further agreed on additional penalty amounts in the event there is a determination of substantial non-compliance with the agreement. The company has agreed to abate all safety and health hazards identified by OSHA, including willful and serious violations for failure to provide required fall protection, failure to implement lockout/tag out procedures to protect workers who service or maintain machines, and failure to provide machine guarding to protect workers from hazardous machinery.

In addition to abating the cited hazards, Republic Steel has agreed to several additional measures to improve compliance with the Occupational Safety and Health Act of 1970 and better protect its employees. Republic Steel will: hire additional safety and health staff; conduct internal safety and health inspections with representatives of the United Steelworkers; establish and implement a comprehensive safety and health management program to identify and correct hazardous working conditions; hire third-party auditors to assure that hazards are identified and improvements are made; and meet quarterly with OSHA staff to assure implementation of this agreement.

OSHA initiated the inspections last fall in response to a serious injury after an employee fell through the roof of a building at the Lorain plant. OSHA expanded its inspections to all Republic Steel's facilities under the Severe Violator Enforcement Program.

"By agreeing to the terms of this settlement, Republic Steel has demonstrated a commitment to change its culture, invest in its employees, and work with OSHA and the United Steelworkers to make significant changes at its facilities that will improve the safety and health of its workers," said U.S. Secretary of Labor Thomas E. Perez. "The Labor Department looks forward to working with Republic Steel to ensure that it lives up to its commitment to improve workplace safety."

In addition to improvements noted, Republic Steel has agreed to several key changes in the management of its safety and health program, including:
reviewing and improving plant procedures to ensure OSHA compliance with machine guarding, control of hazardous energy (lockout/tag out), fall protection, personal protective equipment and other critical safety procedures;
implementing an electronic tracking system for identifying hazards/near misses, injuries and illnesses reported by workers;
mailing a letter to workers' families detailing the company's commitment to health and safety;
providing a card to employees informing them of the right to refuse to perform work that they reasonably and in good faith believe is unsafe or unhealthful without fear of being disciplined; and
providing supplemental training for all production and maintenance employees, including managers.

"The terms of this agreement to improve conditions and training are unprecedented," said Dr. David Michaels, assistant secretary of labor for OSHA. "The company has committed to supporting extensive worker participation, an important role for the joint health and safety committee, and implementation of a comprehensive safety and health program to better protect Republic Steel employees."

A copy of the settlement agreement is available at http://www.osha.gov/CWSA/RepublicSteel05012014.pdf. The agreement's Appendix A is available at http://www.osha.gov/CWSA/RepublicSteel05012014AppendixA.pdf and its Appendix B is available at http://www.osha.gov/CWSA/RepublicSteel05012014AppendixB.pdf.