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Friday, November 11, 2011

The DOL Newsletter - November 10, 2011: Our Special Salute to Heroes!


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The DOL Newsletter - November 10, 2011: Our Special Salute to Heroes!

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DOL News Brief

November 10, 2011

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U.S. Department of Labor Labor Day 2011.

Solis Salutes Veterans in Raleigh

Secretary Solis poses with troops and other VIPs during her salute to Americas veterans. View the slideshow for more images.

On the eve of Veterans Day, Secretary Solis stopped in Raleigh to meet with military families and soldiers at the North Carolina National Guard Joint Forces Command Center. In her remarks, she noted that it was the 236th anniversary of the establishment of the United States Marine Corps and praised the Marines for being the "first to fight" for America's freedoms. Solis was introduced by "Military Spouse of the Year" Bianca Strzalkowski, who she praised for "representing the hundreds of thousands of military families across America whose love and support makes everything possible." Solis also talked about new Department of Labor tools announced this week to lower the 12.1 percent unemployment rate for post 9/11 veterans. "I'm so proud to work in the nation's capital to help our veterans find rewarding careers worthy of their sacrifice to this great nation," Solis said. "At a time when Washington can seem so broken, we're lucky to have a President who believes America has an obligation to serve our military families as well as they've served us."


Jobs in the Sunshine State

Secretary Solis takes a quick group photo during the Tampa leg of her trip to Florida. View the slideshow for more images.

During a visit to Florida this week, Secretary Solis discussed the importance of making smart investments in America's aging transportation and education infrastructure. Her first stop was in Tampa on Tuesday where she met with 50 labor and business leaders to highlight how the American Jobs Act would help put unemployed construction workers back to work. Later that day, Solis led a conversation at the Centro Astuariano de Tampa. She met with Caribbean-American business leaders in Fort Lauderdale the next day and then reached an even a larger audience through interviews with Telemundo and Univision television stations. In Florida, 410,000 firms would receive a payroll tax cut under the American Jobs Act, and the State would receive at least $1.6 billion to support 20,500 local construction jobs.


Solicitor Smith Honored

Patricia Smith was honored with the Frances Perkins Legacy Award. View the slideshow for more images.

In a packed ballroom at the Mayflower Hotel in Washington on Wednesday, Service Employees International Union General Counsel Judy Scott gave a rousing introduction for Solicitor of Labor M. Patricia Smith as the inaugural recipient of the National Employment Law Project's Frances Perkins Legacy Award. Perkins is the famed secretary of labor under President Franklin D. Roosevelt, and the woman for whom the Department of Labor's headquarters is named. Scott highlighted the parallels in the lives of the two women – both former New York labor commissioners who went on to be officials at the U.S. Department of Labor. The crowd offered Smith a standing ovation in recognition of her years of public service.


Giving Voice to Ohio Workers

During an Ohio labor referendum Tuesday, a majority of voters rejected a state law that would have limited the collective bargaining rights of thousands of teachers, firefighters and police officers. "Ohio has made it clear: these dedicated public servants still need a seat at the table to demand fairness, dignity and respect — especially in tough economic times. Through their unions, they have a voice in their workplace, in their future and, most importantly, in our future," said Secretary Solis in a statement.


Williams on the Job

Rev. Sadler addresses attendees at the event. View the slideshow for more images.

Jay Williams, director of the Office of Recovery for Auto Communities and Workers, traveled to Ohio and Michigan this week to see firsthand the challenges that automotive communities are still facing. On Wednesday, he spoke at the Center for Faith-based and Neighborhood Partnerships' Job Clubs and Career Ministries Symposium in Cleveland. The event brought together more than 150 people to discuss new partnerships that will help job clubs put Americans back to work. Williams highlighted the role job clubs are playing to help the unemployed, including their ability to address the emotional issues that come with unemployment. Along with members of the Ohio congressional delegation, he later visited Lorain County Community College to learn more about innovative collaborations between educational institutions and businesses in Ohio, including the SMART Center set to open in 2013. On Thursday, he moderated a discussion on economic and cultural revitalization in Detroit. Afterward, he traveled to Wixom, Mich., for a tour of the former Ford assembly plant. While in Wixom, he participated in a community listening session on the facility's future.


Exporting Safety to China

Staff from OSHA met with their counterparts from China. Click on image for larger photo and caption.

The Occupational Safety and Health Administration's Philadelphia Regional Office recently hosted two representatives from the Hong Kong Department of Labor. During the five-day visit, safety officers Wong Man-fai and Yven Tsz-lok learned about OSHA's regional office structure and agency operations, including standard processes for general inspections and responding to emergencies. The visitors also toured a Voluntary Protection Program site, observing firsthand how a company implements effective safety and health programs. Man-fai and Tsz-lok pledged to take the information back to Hong Kong and put it to use.


OWCP Partners with National Academy of Sciences

The Office of Workers' Compensation Programs is partnering with the National Academy of Sciences to further enhance the current Site Exposure Matrices website, a tool that aids the adjudication of claims under the Energy Employees Occupational Illness Compensation Program Act. Under the partnership, the NAS will convene a panel of experts to review the scientific accuracy of occupational disease links to toxic substances present at various locations within EEOICPA-covered facilities. The experts will evaluate other exposure databases to identify ways to augment disease associations. "I am eager to see the results of the NAS review and use the information to better assist the former nuclear weapons workers and families who are entitled to benefits under the EEOICPA," said Rachel Leiton, director of the Division of Energy Employees Occupational Illness Compensation, which administers the EEOICPA.


Borzi Addresses Pension Security

EBSAs Phyllis Borzi joined a panel of retirement experts at a forum hosted by the New America Foundation. (Photo by The New American Foundation.) Click on the image for a larger photo.

Phyllis C. Borzi, assistant secretary for the department's Employee Benefits Security Administration, joined a panel of retirement experts this week in Washington at a policy forum hosted by the New America Foundation, the Pension Rights Center and AARP. Borzi provided her perspective on the misuse of pension funds by some companies. Regarding the merits of requiring fee disclosure to pension plan participants, she said it's too easy for workers to get lost in the fine print when they are trying to figure out how their pension funds are being invested. The panel included Karen Ferguson of the Pension Rights Center, Donald Fuerst of the American Academy of Actuaries, Michael Calabrese of the New America Foundation and David Certner of AARP.


Celebrating OWCP's Veterans

Veterans make up a large percentage of the Parkersburg, W.Va., staff.

The Office of Workers' Compensation Programs recognized the veterans working in the Parkersburg and Charleston, W.Va., offices during celebrations this week. The former service members, who make up more than 25 percent of the districts' staff, were praised for their outstanding organizational skills, diligence, hard work, and duty to the agency's mission of serving Black Lung claimants and beneficiaries.

The veterans at the Charleston, W.Va., district office received a heart-felt Thank-you.
"Their prior service and commitment to our country translates into their commitment to the work they do at OWCP," said Rick Hanna, the district director in Charleston. "This celebration is a small way to say thank you to each and every veteran for their significant contribution to our country."


Thai Restaurant Workers in L.A. Learn Their Rights

Staff from WHD's LA District Office explained workers' rights to attendees of the event. Click on the photo for a larger image.

Staff from the Wage and Hour Division's Los Angeles District Office led a seminar for restaurant workers hosted by the Thai Community Development Center last Wednesday. Participants learned about their rights on the job through several presentations, including one by division investigator Siriporn Poondee on protections under federal wage laws. Following the discussions, workers asked questions regarding overtime, hours worked, record keeping and reporting workplace violations.


Upcoming Deadlines & Events

Check out the grant opportunities with DOL.

Event Spotlight: Free Workshops for Florida Agricultural Employers and Contractors
The Wage and Hour Division is holding free compliance assistance workshops for agricultural employers and farm labor contractors Dec. 5-7 in Florida. These training sessions will cover housing and transportation arrangements, employee work hours and wage rates, and record-keeping requirements.

OFCCP — The ABC's of the AAP

OFCCP — AAP Development & Preparing for a Desk Audit

OFCCP — Building Partnerships for the Community

OFCCP — Community Based Organizations Roundtable Collaboration

OFCCP — Community Outreach and Education Event

OFCCP — Filing Complaints

OFCCP — Supply and Service AAP Development Seminar

OFCCP — Supply and Service Educational Seminar for Small and New Contractors

OFCCP — Veterans Linkage Forum


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On Veterans Day, Our Job is Finding Theirs

Putting our military heroes back to work is a year-round job at the Labor Department. With the unemployment rate for the post-9/11 generation of veterans at 12.1 percent, the department is committed to doing more for our military heroes. As America gets ready to celebrate Veterans Day, President Obama and Secretary Solis are highlighting several new ways that the Department of Labor will help ensure that service members who fought on the battlefield don't have to fight for a job when they come home.

The DOL is committed to helping veterans achieve meaningful employment.

Veteran Gold Card: The new Veteran Gold Card program provides post-9/11 vets with career assessments, direct referrals to open jobs, coaching on how to interview, resume assistance and training referrals. The Gold Card entitles them to six months of case management services, including a monthly one-on-one check-in at one of the Labor Department's nearly 3,000 One-Stop Career Centers across the country.

My Next Move for Veterans: This new Labor Department website allows veterans to enter their military occupation code and discover civilian jobs that require similar skills. It connects veterans to local jobs and where they can get training necessary to be hired.

Veterans Job Bank: The new Veterans Jobs Bank features more than 500,000 job postings from companies looking to hire skilled former service members. In a few easy steps, companies can make sure the job postings on their own websites are part of the Veterans Jobs Bank.

Microsoft Training Partnership: Thanks to a partnership with Microsoft announced this week, up to 10,000 veterans and eligible spouses looking for work in the technology sector will get free access to training programs that give them industry-recognized Microsoft certifications. Veterans in Seattle, Wash.; San Diego, Calif.; Houston, Texas; northern Virginia; and Jacksonville, Fla., can visit a local One-Stop Career Center to learn more.


DOL Working for You

Navy Vet Feels Right at Home Repairing Aircraft

Brandon Alexander.

After leaving the Navy, Gulf War veteran Brandon Alexander struggled to make ends meet and became homeless. But with assistance from a Labor Department grant and the Pima County, Ariz., Sullivan Jackson Employment Center, he found a good job in the aviation industry. Alexander received tuition aid and took aviation classes at a local community college to build on his military experience working on an aircraft carrier. He graduated with high marks and passed required oral and written exams from the Federal Aviation Administration. Today, Alexander works as a mechanic for a regional airline and has his own home. "I wanted to get a better job and a better life, and the training gave me the skills I needed," he said.

Department Grantee Gives Massachusetts Veteran a Leg Up

Charles Starks. Click on photo for a larger image.

Gulf War-era Navy veteran Charles Starks has a new lease on life thanks to housing and employment support provided by Father Bill's & MainSpring, a department grantee in Massachusetts. Starks was a longtime employee of the Brockton, Mass., correctional system, when he lost his job due to a poor economy. Things got so bad that Starks became homeless. That's when he heard about Father Bill's & MainSpring, which provides shelter, food, support services and job training to veterans. With the group's help, Starks landed a job as a security officer at a local financial firm. The program, Starks said, "helped me get back to being me."


Around DOL

A Different Kind of Girl Talk

Secretary Solis and other stakeholders discuss the report. View the slideshow for more photos and detailed captions.

The department's Office of the Chief Economist, Women's Bureau and Bureau of International Labor Affairs co-hosted a discussion last Thursday about the newly released "2011 Global Gender Gap Report" prepared by the World Economic Forum. The report measures the gender gap in 135 countries in the areas of economic participation and opportunity, educational attainment, health and survival, and political empowerment. Chief Economist Adriana Kugler and Women's Bureau Director Sara Manzano-Diaz highlighted Labor Department programs that promote economic opportunity and equality for working women and girls. Secretary Solis noted that the department "takes a proactive approach that puts layers of social protections in place so women are not exposed." She also pointed to the department's support for international programs that protect the rights of female factory workers and keep young girls from being exploited by the worst forms of child labor. Other participants in the discussion were representatives of the Coalition of Labor Union Women, the National Association of Commissions of Women, Wider Opportunities for Women, the U.S. State Department and the World Bank.

Investment Advisers Will Be Held Accountable

The out-going ERISA Advisory Council members pause for a photo. View the slideshow for more photos and detailed captions.

The Employee Benefits Security Administration's effort to protect retirement savers from harmful investment advice is still very much alive, proclaimed Assistant Secretary Phyllis C. Borzi on Wednesday. "Re-proposal does not mean dead," she emphasized while commenting on EBSA's pending rollout early next year of an amended proposal on the definition of a fiduciary. Borzi made her comments at the final meeting of the 2011 Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council. Echoing her sentiment was Deputy Secretary Seth Harris, who told the group that holding investment advisers accountable for the guidance they're paid to provide is about ensuring that "responsibility and duty are laid in the correct place."

Apprenticeship Committee Taps Three New Advisers

Three new leaders are joining the Secretary's Advisory Committee on Apprenticeship, which provides guidance and insight on the department's Registered Apprenticeship program. Coleman Spohn CEO Lonnie Coleman of Cleveland brings a wealth of training experience and was a featured speaker at the recent apprenticeship event on the National Mall. Lawrence Rebman is president of the National Association of Governmental Labor Officials. And Mr. Mark Maki is president of the National Association of State and Territorial Apprenticeship Directors.


News You Can Use

Retailers Encouraged to Manage Holiday Season Crowds

During "Black Friday" and other major sales events this holiday season, the Occupational Safety and Health Administration is encouraging retail employers to take precautions to prevent worker injuries. OSHA's "Crowd Management Safety Guidelines for Retailers" fact sheet provides employers with recommended elements for crowd management plans. In 2008, a worker was trampled to death while a mob of shoppers rushed through the doors of a large store to take advantage of an after-Thanksgiving Day "Black Friday" sales event. "Crowd control is critical to preventing injuries and deaths," said Assistant Secretary for OSHA Dr. David Michaels. "These incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season."

Employee Benefits Questions Answered with Mouse-Click

Questions and complaints on retirement and health plans can now be submitted electronically through a new Web page from the department's Employee Benefits Security Administration. Launched this week, the page includes answers to frequently asked questions, and an online question and complaint filing tool designed to ensure that members of the public receive a response to their inquiries within three business days. All inquiries are routed to experienced EBSA benefits advisers who are able to provide detailed, individualized responses to each question.

Nonfatal Workplace Injuries Increase for Health Care Workers in 2010

The department's Bureau of Labor Statistics released detailed data this week on nonfatal occupational injuries and illnesses requiring days away from work in 2010. The incidence rate for health care support workers increased 6 percent to 283 cases per 10,000 full-time workers, more than double the rate for all private and public sector workers. "It is unacceptable that the workers who have dedicated their lives to caring for our loved ones when they are sick are the very same workers who face the highest risk of work-related injuries and illness," said Assistant Secretary for the Occupational Safety and Health Administration Dr. David Michaels. "OSHA is responding by launching, in the next few months, a National Emphasis Program on Nursing Home and Residential Care Facilities."


DOL in Action

Administrative Law Judge Upholds Citations Issued to Quarry

Three citations issued by federal mine inspectors to a California quarry have been upheld by an administrative law judge with the Federal Mine Safety and Health Review Commission. Last May, Connolly-Pacific Co.'s Pebbly Beach Quarry, located on Catalina Island, was cited by the Mine Safety and Health Administration for failing to properly maintain its highwall. The citations have since been appealed to the commission.

Jacksonville Utility Contractor Cited After Electrocution

Callaway Contracting Inc. of Jacksonville, Fla., has been cited by the Occupational Safety and Health Administration for 13 safety violations following the death of a worker who was electrocuted while unloading steel from a tractor trailer. Proposed penalties total $208,670.

OLMS Investigation Leads to Supervised Union Election in California

Teamsters Local 948 conducted a new election after an investigation by the Office of Labor Management Standards revealed that some union members allowed third parties to fill out their mail-in ballots. Following a 2010 settlement, a team of OLMS investigators supervised an August 2011 election for the offices of president, vice president, secretary-treasurer, recording secretary and three trustees. Candidates challenging incumbent officers won all of the races by significant margins.

Rochester Recycler Penalized Following Worker's Death

Metalico Rochester Inc., a recycler in Rochester, N.Y., has been cited by the Occupational Safety and Health Administration for repeat and serious violations of workplace safety standards following the death of an employee who was fatally crushed while operating a baler. The inspection revealed that the company had not developed or used procedures to lock out the baler's power source, nor did it provide workers with the required training on such procedures. Proposed penalties total $73,300.

Mass. Management Company Pays $250,000 for Misclassifying Workers

Alpha Management Corp., an Allston, Mass., real estate and property management company, and owner Anwar Faisal have agreed to pay a total of $250,000 in back wages and liquidated damages to 42 employees following an investigation by the Wage and Hour Division. The company violated the federal Fair Labor Standards Act by misclassifying 42 workers as independent contractors and employing them for more than 40 hours per work week without paying overtime for the excess hours.

2 Chicago Construction Companies Cited for Asbestos Hazards

Two Chicago companies, T2 G.C. LLC, which operates as T2 Construction, and Gramek Construction Inc. have been cited by the Occupational Safety and Health Administration for failing to protect workers from asbestos hazards at a job site. T2 Construction faces proposed fines of $141,600 for two willful and 14 serious violations. Gramek Construction faces proposed fines of $138,600 for one willful and 24 serious violations.

Texas Shipbuilder Cited for Safety Hazards

Texas-based Sneed Shipbuilding has been cited by the Occupational Safety and Health Administration for 14 serious, seven repeat and four other-than-serious violations. Citations were issued for exposing workers to safety hazards such as failing to repair a defective hook latch on a crane, ensuring the appropriate use of lockout equipment for energy sources and providing training on confined spaces. The company was cited in June 2010 for similar violations. Proposed penalties total $150,700.

Laid-Off Tire Workers in Tennessee Receive Support from DOL

About 850 workers who were laid off after a Tennessee Goodyear Tire and Rubber Co. facility closed will receive re-employment and support services under a $3,448,259 grant from the Labor Department. The funds, awarded to the Tennessee Department of Labor and Workforce Development, will be used to train and support the workers in conjunction with Trade Adjustment Assistance benefits. Workers provided to Goodyear by staffing company Hamilton Ryker also are covered by the grant, as well as eligible family members. "By updating and enhancing their skills, these workers will be better prepared for good jobs in Tennessee's growing industries," said Secretary Solis.

Illinois Chemistry Company Cited for Endangering Workers

Akzo Nobel Surface Chemistry LLC in Morris, Ill., a manufacturer of chemical surfactants, has been cited by the Occupational Safety and Health Administration for nine serious violations of OSHA's process safety management standards. OSHA initiated the inspection after a release of methyl chloride was reported at the plant. Proposed fines total $63,000.

Blueberry Farm Assessed for Child Labor Violations

An investigation by the Wage and Hour Division determined that Double Springs Grass Farm in Arkansas hired a 10-year-old to pick blueberries, a violation of the Fair Labor Standards Act. The company was assessed $8,000 in civil money penalties. Under the FLSA, children younger than 12 may work outside of school hours in non-hazardous work, but only with parental consent and on small farms where none of the employees are subject to the minimum wage requirements of the FLSA. WHD also found that four adult workers were owed back wages totaling $1,160.

Texas Drilling Company Cited After Two Workers Die

Big Spring, Texas-based Robinson Drilling of Texas Ltd. has been cited by the Occupational Safety and Health Administration for eight serious violations following the death of two workers at a work site near Lamesa. One of the violations was for failing to prevent the "struck-by" injuries that lead to the workers' deaths by adhering to mandatory safety protocols. Proposed penalties total $93,700.

Wisconsin Construction Firm Fails to Provide Cave-in Protection

Manitowoc, Wis., utility contractor Vinton Construction Co. has been cited by the Occupational Safety and Health Administration for one willful and four serious safety violations for failing to protect workers from cave-ins during trenching operations to install water main lines in Brookfield. The company faces proposed penalties of $95,040 following an inspection conducted under OSHA's Trenching and Excavation National Emphasis Program.


On the Job: MSHA Inspector

What they do: The Mine Safety and Health Administration promotes safe and healthy workplaces for America's miners. MSHA inspectors are on the front lines of this mission, conducting comprehensive inspections and special investigations, as well as offering advice and assistance to mine operators and workers on safety and health procedures, practices and techniques. MSHA inspectors also may be called upon to testify at non-judicial and judicial hearings.

How to qualify: MSHA inspectors generally need to possess a practical knowledge of mining methods and processes, including the design, installation, operation and maintenance of different types of mining systems and equipment. They also must pass a regular medical examination due to the physical demands of the job. 

Learn more about MSHA inspectors and other job opportunities at the Labor Department at www.dol.gov/jobs.

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