WEC @ WORK February 2008
A newsletter on key occupational and environmental HEALTH  issues.

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Community and Labor Unity Defeats Wal-Mart
Members of the LET’s Stop Wal-Mart Coalition, including WEC, declared victory earlier this month when Wal-Mart announced they were abandoning plans to build a fourth store in Mercer County. The corporation’s announcement came less than three months after it had obtained approval from the Lawrence Township Planning Board. Wal-Mart said that the retail giant was withdrawing its plans to build on a 23 acre site in Lawrence, bordering Ewing and Trenton, because of a “shift in the company’s growth strategy.”
 

 

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Coalition Co-chair Carol Lerner countered this by noting that LET’s members had been battling to keep Wal-Mart out of Mercer for three and a half years.  Lerner said, “It was our ability to draw this battle out through mass agitation and the prospect of tying them up in court for months or years that scared them."

 

LET's ”members held educational programs, organized rallies, mobilized huge turnouts for public hearings and meetings, coordinated a living wage ordinance campaign aimed at large retail employers, and helped the New Jersey Industrial Union Council (IUC) form its own statewide Stop Wal-Mart Coalition.  

On February 7
th LET’s attorney Bill Potter filed a complaint with the Mercer County Superior Court challenging the local Planning Board’s decision to approve Wal-Mart’s application to build on the Spruce Street property.  The complaint claimed that Wal-Mart’s application to build should have been heard and rejected by the Lawrence Zoning Board of Adjustment when it was first submitted in 2004.  LET’s said Wal-Mart was not permitted to use the property because it did not meet the township’s zoning requirements.  The property is zoned for “Highway Commercial” use.  Since Wal-Mart is a “destination store” with a “regional draw”, zoning on this property would have to be for “Regional Commercial” use.  A week later, Wal-Mart dropped its plans.


LET’s Coalition Co-Chair and WEC Director of Organizing Valorie Caffee said that “Perseverance does pay off, along with the solidarity of so many people who are committed to seeing this behemoth stopped from continuing its exploitation of workers, taxpayers, and our environment.”

The United Food and Commercial Workers Local 1360, International Brotherhood of Electrical Workers Local 269, IUC, and Sierra Club also played important roles.

With Wal-Mart out of the picture, residents, unions, elected officials and businesses can help decide what to do with the Spruce Street property.  Caffee said, “We have a chance to see this site redeveloped to protect the environment and provide a mix of business, residential, and recreational development that benefits us all.  With the ongoing support of WEC and others, LET’s will be there to help make this happen.”
 

WEC Presses for More Action ON Chemical Safety & Security   In December 2007, President Bush signed a bill containing language by Senator Frank Lautenberg (D-NJ) stopping US Department of Homeland Security (DHS) rules from potentially preempting New Jersey chemical security protections.  According to WEC President John Pajak, “Now that DHS can’t supersede our laws, it’s time for further action by New Jersey to protect our jobs, families, and hometowns.” 

Soon after, WEC, with endorsements from 85 labor, environmental, and community organizations, formally petitioned the NJ Department of Environmental Protection (DEP) and Governor Jon Corzine to:
 

* authorize residents to petition management of high-hazard facilities, triggering a public meeting to discuss safety and security risks and solutions;
 

* improve DEP’s emergency notice rules so residents truly know what steps to take in the event of a toxic release;
 

* require worker-management health, safety, and security committees to prevent chemical hazards and other dangers;
 

* fix problems with current DEP rules designed to prevent “runaway” reactive toxic hazards;
 

* increase fines for Toxic Catastrophe Prevention Act (TCPA) violations.
 

DEP must respond, by law, to the WEC petition under the state Administrative Procedures Act.

DEP could adopt the proposed recommendations through rule (not legislative) changes to TCPA, a 1986 law enacted after a release at a Union Carbide plant in Bhopal, India that killed thousands.  TCPA rules “sunset” in July; DEP must readopt the rules in order to continue enforcing them.  TCPA regulates 94 chemical plants, oil refineries, major food processors, paper mills, and water treatment facilities that use extraordinarily hazardous substances. 
 

The 85 organizations backing the petition’s recommendations include the United Steelworkers, Firemen’s Mutual Benevolent Association, Professional Firefighters of NJ, NJ Education Association, NJ Sierra Club, and many others. Read the letter here.
 

In addition, WEC has learned that DEP’s final rule requiring TCPA facilities to conduct reviews for the potential adoption of inherently safer technology will be issued this April.
 

The Good Jobs, Green Jobs Conference
On March 13-14, a conference unlike any other will take place in Pittsburgh, PA.  The event will launch a nationwide dialogue about moving our country toward leadership to promote the benefits of a new green economy. 
Good Jobs, Green Jobs: A National Green Jobs Conference will bring together advocates representing policy makers; labor; the environment and public health; business; economic and workforce development specialists; investors; and scientists and technology experts.

The conference is coordinated by the Blue Green Alliance, a partnership of the United Steelworkers and Sierra Club.  The Alliance envisions a confluence of big ideas and innovative strategies to help jump-start a nationwide green economic renaissance.  Participants will share best practices about how to revitalize the manufacturing sector, drive green building, promote safer chemicals, and realize the economic benefits of global warming solutions.
 

Conveners include WEC, Apollo Alliance, the national AFL-CIO, Change to Win, Clean Water Action, Health Care Without Harm, Greenpeace, and many others.  With your help and participation, we can work together to share the best thinking about the link between economic opportunities and environmental solutions. 

For the agenda and registration, go to www.greenjobsconference.org.


Job Safety and Health Notes

* WEC reminds private and public sector unions that from February 1 to April 30, employers must post their annual summary of the number of job-related injuries and illnesses for 2007.  This summary is compiled from the more detailed OSHA Log, and must be provided by management to unions upon request.  These records can point to hazardous areas or to individuals who may need medical help or may have a workers’ compensation claim.  Click here to view a sample request from the WEC Preventing Workplace Hazards: An Action Guide for NJ Workers and Unions.”
 

* WEC has developed a new poster for public sector unions on the requirements of NJ’s unique Public Employee Indoor Air Quality Standard.  For copies, please call DJ Figueroa at (609) 695-7100 or by email at dfigueroa@njwec.org.
 

* Congratulations to the Health Professionals and Allied Employees (HPAE) and other healthcare unions for winning two important laws protecting New Jersey’s healthcare workers and patients.  The Safe Patient Handling Act requires hospitals and nursing homes to reduce manual lifting or moving of patients without the use of assistive devices.  The Violence Prevention Act requires hospitals and nursing homes to conduct risk assessment programs and conduct staff training, as well as improve security measures.  Both laws also cover state developmental centers and state and county psychiatric hospitals.  A survey commissioned by HPAE found that more than half of the registered nurses responding said they had been injured on the job and that lifting of patients and increasing violence in emergency rooms were key concerns.
 

* OSHA has issued a final rule requiring employers to pay the costs of personal protective equipment required by specific OSHA standards, with a few exceptions.  The issue has been pending for ten years.  Review the rule and its effective date on the OSHA website.
 

* At the invitation of the US House of Representatives Committee on Education and Labor, WEC Director Rick Engler testified on needed reforms to the Occupational Safety and Health Act and OSHA’s employer consultation program.  The hearing was held January 14, 2008, in Linden, in response to the preventable deaths of two workers at Northeast Linen, also in Linden.  WEC thanks Congressmen Donald Payne, Rush Holt, and Robert Andrews for their participation in the hearing.  UNITE HERE Health and Safety Director Eric Frumin, NJ AFL-CIO President Charles Wowkanech, and NJ Labor Commissioner David Socolow also testified.

 
Calendar
Saturday, April 5, The Heat Is On; NJ Environmental Federation’s 22nd Annual Conference with workshops on climate change and children’s health, green jobs, etc., 8 AM-5 PM, Rutgers University Law School, Newark, NJ.  Contact: Jenny Vickers, (732) 280-8988 or jvickers@cleanwater.org
 

Tuesday - Thursday, April 8-10, WEC’s Safe Work, Safe Care Train-the-Trainer Program for Healthcare Workers, Rutgers Labor Education Center, New Brunswick.  Contact: Cecelia Gilligan-Leto (609) 695-7100.  Pre-registration required.


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W
EC @ WORK is issued 10 times per year by the New Jersey Work Environment Council (WEC), 142 West State Street, Third Floor, Trenton, NJ 08608. 

Rick Engler and Denise Patel, Editors. 

WEC is an alliance of 70 labor, environmental and community organizations working together for safe, secure jobs and a healthy, sustainable environment.  WEC links workers, communities and environmentalists through training, technical assistance, grassroots organizing and public policy campaigns to promote dialogue, collaboration and joint action.  

WEC Staff: Rick Engler, Director; Valorie Caffee, Director of Organizing; Victor Coronado, Apprentice Organizer; Debra Coyle, Assistant Director; Djenaba Figueroa, Office Manager; Cecelia Gilligan Leto, Project Coordinator; Denise Patel, Campaign Organizer.  

Staff are members of USW or CWA. 


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New Jersey
Work Environment Council
142 West State St., 3rd Fl., Trenton, NJ 08608 Phone: 609-695-7100 Email: info@njwec.org