Scientists React to State Auditor's Bay Bridge Report

N E W S   R E L E A S E

CAPS – California Association of Professional Scientists
Website:  www.capsscientists.org     

Released 2/9/06 at 10:00 am

Contacts

Statewide representative – Matt Austin, 415-861-6343

Oakland local representative – Garrett Brown, 510-622-2913

        

 

Cal/OSHA Inspectors Union Identifies Chronic Understaffing As A Root Cause of Cal/OSHA Enforcement Problems at the San Francisco – Bay Bridge Project

 

Chronic understaffing of Cal/OSHA, the state’s workplace health and safety agency, is a key cause of the serious enforcement problems detailed in the State Auditor’s office probe of safety complaints at the San Francisco Bay Bridge project that was released today.  (See Bureau of State Audits Report 2005-119 at www.bsa.ca.gov/bsa/).

 

“Cal/OSHA does not have enough field inspectors to meet its day-to-day responsibilities, let alone effectively investigate complaints at a huge project like the Bay Bridge retrofit,” charged representative Matt Austin of the California Association of Professional Scientists.  “A compilation of the agency’s own organization charts shows that there are only 169 Cal/OSHA inspectors in the field for an economy of 17.9 million workers and more than one million workplaces.”

 

“Cal/OSHA’s worker-to-inspector ratio is double that of Federal OSHA’s ratio, worse still than neighboring states like Oregon and Washington, and dramatically worse than Canadian provinces like Ontario and British Columbia,” Austin pointed out. “In fact, there are 66 more Fish and Game Wardens in California than there are Cal/OSHA inspectors.” 

 

“The Bay Bridge is an enormous, 10-year project that could keep a full-time team of inspectors busy morning, noon and night.  Instead, Cal/OSHA has only had the resources over the last three years to send out individual inspectors on pre-announced, rotating visits about once every other week.  The eight inspectors involved, and their supervisors, all have major responsibilities in their home offices, and none were dedicated full time to the bridge,” Austin explained.  “This is how important things – like worker complaints – fall through the cracks.”

 

“California workers, including those at the Bay Bridge, deserve to have at least as many Cal/OSHA inspectors as there are state Fish and Game Wardens,” Austin declared, noting that there are currently 29 vacant, funded Cal/OSHA positions and another 37 federally-authorized positions which remain unfilled.  To have the same inspector-worker ratio as Fed OSHA had in April 2004, Cal/OSHA should really have 306 inspectors.  In fact, Cal/OSHA had only 169 inspectors in the field in January 2006.

 

“The tragic consequences of years-long understaffing of safety agencies was seen in the coal mine disasters in West Virginia last month where 14 miners died and the federal Mine Safety and Health Administration had abolished 190 inspector positions,” Austin warned.  “Cal/OSHA is an agency headed for crisis if the understaffing and lack of resources is not immediately reversed.” 

 

Given the Governor’s proposal for massive infrastructure rebuilding projects in California, the protection of construction workers on huge public works projects is a key issue for the future.  “Clearly Cal/OSHA must learn the lessons of mistakes made at the Bay Bridge, but it cannot function without the staffing and resources required to protect workers at similar projects in the future and in all California workplaces,” Austin stated. 

 

In addition to field inspectors, there are other current deficiencies of the safety agency:

 

·    Cal/OSHA has not had a permanent Chief since July 2002 and has not had a Deputy Chief for Health since November 2000.  The last time all three top Cal/OSHA positions (Chief and two Deputy Chiefs) were filled was October 2000.

 

·    The Cal/OSHA Medical Unit had seven physicians and three registered nurses in 1975.  Thirty years later it has only one part-time physician and one registered nurse.  The Medical Unit is critical for issuing citations related to ergonomic hazards, the greatest source of injuries and disabilities both nationally and in California.

 

·    Despite a large number of immigrant workers in California – at least 4.5 million or 25% of the workforce – many of whom are not fluent in English, Cal/OSHA only has 25 field compliance officers fluent in languages other than English. 

 

·    The Cal/OSHA Appeals Board has been working diligently to reduce an appeals case backlog that reached 8,000 appeals in December 2004, but the accumulated backlog means a delay of over two years between issuance of citations and appeal hearings.  “Justice delayed is justice denied” for both Cal/OSHA, as it is difficult to find worker witnesses to appear at such delayed hearings, and for workers whose employers are not legally required to correct cited hazards that are under appeal. 

 

Cal/OSHA has found it difficult to hire inspectors because of low pay and internal inequities between inspector categories. 

 

A joint State-CAPS salary survey of other public sector employers found that Cal/OSHA industrial hygienists are currently far behind in wages compared to their local, county and regional peers.  The wage gap between Cal/OSHA and private sector employers is estimated to be double the wage gap in the public sector, further exacerbating the agency's staffing problems obtaining safety and health professionals.

 

In addition, the state has allowed a pay disparity between safety inspectors and health inspectors (industrial hygienists who actually have more formal education requirements than safety inspectors) to grow so that safety inspectors now receive 11% more pay than scientists for inspection work.  As a result, more than a two dozen industrial hygienists have switched categories in the last year, leaving the agency even more short-handed for health-related inspections.  "This type of staffing and retention problem ought to be dealt with, but currently the administration just doesn't seem to have it on the front burner," said Austin.  "If they don't have the inspectors, how are they going to fix the kind of problems the State Auditor identified?"

 

Even though the collective bargaining agreement covering the Industrial Hygienist classification provides for initiation of a “recruitment and retention differential” in such circumstances, the State has failed to act.  Ending pay disparities and increasing Cal/OSHA inspectors’ pay to a parity level where the agency can recruit and retain professionals will be a key goal in the pending talks for a new contract in July 2006. 

 

Attachment:  CAL/OSHA STAFFING & FACTS, supporting documentation

 
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