Workers’ Memorial Day: If your loved one died at work, what would you want their legacy to be?

In 2015, 4,836 workers died on the job. That’s nearly five thousand husbands, wives, fathers, and mothers who walked out their door in the morning and never came back home.

April 28 is Workers’ Memorial Day—an international day of remembrance for workers killed, disabled, or sickened by their work. And as highlighted by the AFL-CIO’s 2017 Death on the Job Report, it is also an opportunity to highlight the preventable nature of most workplace deaths and injuries, and a day of action to fight for improvements in workplace safety.

One important way we can honor the memories of our fallen loved ones is by learning from what happened, and enacting laws and regulations to make workers safer in the future. In fact, many workplace safety laws and regulations are passed in memory of workers who died on the job.

Take, for example, the Miner Act of 2006—a mine safety law enacted after the deaths of 21 miners within the first few months of that year. The Senate report explaining the necessity of the enhanced mining safety provisions states that, “these tragedies serve as a somber reminder that even that which has been done well can always be done better.” Or California’s 2016 Workplace Violence Prevention in Health Care regulation, promulgated to protect health care workers against workplace violence after the deaths of a psychiatric technician and a registered nurse who were killed during patient assaults. Documentation supporting the regulation states that, “the deaths of theses health care workers demonstrate the need for better security measures, procedures, and practices.”

The foundational step in enacting new worker safety rules is recording and reporting workplace incidents, because if we don’t know about the problems, we cannot solve them. For example, many people may be surprised that in 2016, the private-sector jobs with the highest rates of injuries included not only tractor-trailer truck drivers and warehouse laborers, but also nursing assistants. And the top five public-sector occupations with the highest rates of injury included sheriff’s patrol officers and firefighters, but also janitors, cleaners, and teacher assistants.

The Occupational Safety and Health Administration (OSHA) is responsible for tracking workplace injuries and illnesses, and issuing new rules and regulations to keep workers safe going forward. But OSHA cannot read minds: it requires employers to record and report injury and illness rates in their workplaces. Yet, many employers evade their statutory recording and reporting duties, sweeping deaths and injuries under the rug to avoid liability. That is one reason why OSHA enacted a recordkeeping rule last year, enhancing its enforcement powers to issue citations and fines to employers who fail to maintain these critical injury and illness records.

Yet, one of the first things President Trump and congressional Republicans did this year was overturn OSHA’s recordkeeping rule, and establish that OSHA can never promulgate a similar rule again unless Congress specifically authorizes it to do so.

So now workers may not only die at work, they could die in vain. Or lose a limb, lose their eyesight, or develop lung cancer from exposure to toxins. And instead of honoring their tragedies by recording and reporting them to learn what we can do better, much if it could all quietly brushed under the rug. Without any evidence of the problems of the past, we can have no solutions for the future.

What will happen next year if, because OSHA’s enforcement powers have been stripped down, workplace tragedies go unreported? Sadly, it’s something we all should think about during this Workers’ Memorial Day. And who knows, one day the person who wakes up, goes to work, and never comes home could be someone you love. Wouldn’t you want their death to mean something? Check the vote count for overturning OSHA’s rule to see if your congressperson or Senator agrees.

Congress should oppose Acosta’s confirmation and demand a pro-worker secretary of labor

Alexander Acosta will not be the secretary of labor that working people need, and for that reason, senators should oppose his confirmation. As Senator Elizabeth Warren said, the test is not whether Acosta is better than Andrew Puzder, a truly abysmal, insulting choice to lead the U.S. Department of Labor (DOL). The test must be whether he will be a strong advocate for working Americans, someone who will use the power of his department to improve their lives. The evidence from Acosta’s confirmation hearings and his past service in the government shows that he will not. The best we might hope for is that he will not politicize the agency and will be a caretaker until an administration that believes in the Labor Department’s mission is elected. That is not enough.

It isn’t even clear that Acosta will be a good caretaker of the agency whose mission is to foster and promote the welfare of the nation’s job seekers, wage earners, and retirees. At Acosta’s confirmation hearing, Senator Maggie Hassan (D-NH) asked whether Acosta would defend the DOL against the draconian 21 percent budget cut called for in President Trump’s preliminary budget. Acosta refused to say he would, despite professing concern about reducing the already tiny number of OSHA compliance officers in New Hampshire. Even Scott Pruitt, who spent years in state government attacking and suing the Environmental Protection Agency (EPA) before his appointment as EPA administrator, cared enough about his mission to publicly oppose the EPA budget sent to Congress by Trump’s Office of Management and Budget. DOL’s Wage and Hour Division has fewer than 1000 inspectors for 7.3 million workplaces, and wage theft is a nationwide epidemic costing workers tens of billions of dollars a year. Yet Acosta would not commit to work to preserve the meager resources devoted to protecting workers from abuse.

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Trump’s opening bid for tax reform is more tax cuts and loopholes for the rich

Today, President Trump is set to unveil a proposal that serves as his opening bid for the upcoming debate over tax “reform.” Unsurprisingly, the president is proposing straightforward tax cuts for the rich, which will need to be temporary because they will increase the federal budget deficit. It’s being reported that the centerpiece of the proposal is a cut to the rate faced by both corporations and “pass-throughs” to 15 percent, accompanied by the claim that the tax cuts will pay for themselves (“pass-throughs” are businesses that pay no direct taxes but whose owners pay individual taxes on the dividends and other income they receive from the business). There are three important things to note about these proposed changes.

First, they would clearly be a windfall to already-rich households. The incidence of corporate tax cuts falls disproportionately on owners of businesses and other capital, and this type of income is incredibly concentrated at the top, with the top 1 percent alone claiming 53 percent of it in 2013.

Second, these tax cuts will not trickle down. There is simply no payoff to low- and middle-income families from cutting the corporate tax rate. We’ll touch on this more in an upcoming paper, but briefly, corporate tax cuts are terribly inefficient fiscal stimulus relative to nearly any other tax cut or spending increase. And the textbook channel through which they boost long-run growth—boosting savings—will not materialize. The U.S. and global economies are glutted with savings, so boosting incentives to save helps nothing.

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How President Trump and congressional Republicans are undercutting wages and protections for working people

We are nearly 100 days into President Donald Trump’s administration, a benchmark that gives us a chance to take stock of what the president and new Congress have accomplished and what their priorities are. We have seen a flurry of activity—from legislation and executive orders, as well as actions taken (or not taken) by the administration—that, sometimes subtly, shift power away from working people and towards corporations and the 1 percent. Some of these actions have been high profile, but others have gone almost unnoticed. Taken together, they undercut wages and protections for working people.

EPI’s Perkins Project tracks actions by the administration, Congress, and the courts that affect people’s wages and their rights at work. Here are the top ten things the president and Congress have done that affect working people. For more, see our Worker Rights and Wages Policy Watch, which is continuously updated with information on the steps taken that affect workers.

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Likeliest outcome of tax reform is a deficit-financed tax cut for the rich that will expire in a decade

Undeterred by their failure to repeal the Affordable Care Act (ACA), Republicans look set to move on to the next item in Paul Ryan’s “Better Way” agenda—tax reform. This post helps set the stage for the upcoming tax reform debate and explains why “tax reform” will in the end likely just become a deficit-financed tax cut for the rich and corporations that expires in 10 years—a decade of free money for groups that don’t really need it and a problem for policymakers to deal with in the future.

Understanding why this deficit-financed, 10-year tax cut is the most likely outcome requires some understanding of the “budget reconciliation” process (apologies). Budget reconciliation allows the Republicans to avoid the Senate’s 60-vote threshold for a filibuster, and hence will almost surely be needed to pass any tax cut. To begin the reconciliation process, Congress first passes a budget resolution with topline spending numbers that includes reconciliation instructions. These instruct the relevant committees to make changes to mandatory spending or revenues in order to achieve some budgetary target—for instance, decreasing revenues or the deficit by so-many billion over a specified time period.

Here, Republicans in Congress face a choice. They originally planned to use the fiscal year 2017 budget to repeal the ACA, and so wrote reconciliation instructions that were basically deficit neutral over the 10-year budget window. They could do this because, although repealing the ACA would mean large tax cuts for the top 1 percent, these could be paid-for with cuts to Medicaid and subsidies that helped people afford insurance in the ACA marketplace exchanges. If Republicans wanted revenue-neutral tax reform—perhaps following through on the popular mantra of “broaden the base, lower the rates”—they could simply repurpose those instructions. But this is unlikely to work for them.Read more

Trump spurns working Americans by abandoning efforts to realign U.S.-China exchange rate

President Donald Trump recently told the Wall Street Journal that his administration won’t label China a currency manipulator in a semi-annual U.S. Treasury report that is due this week. Crucially, he has also forwarded no alternative mechanism to deal with the misaligned U.S.-China exchange rate. This essentially means that Trump has turned his back on working Americans who have lost millions of manufacturing jobs since China entered the WTO in 2001, and have experienced growing competition with imports from China and other low wage countries that reduced the wages of all non-college graduates by $180 billion per year in 2011 alone.

In a campaign speech in Monessen, PA last June Trump outlined a 7-step program that he “would pursue right away to bring back our jobs.” In step five, he promised to “instruct my Treasury secretary to label China a currency manipulator,” a commitment he repeated many times last year.

There has been some debate over whether or not the Chinese is currently actively manipulating its currency. What there is no debate over is whether or not the U.S.-China exchange rate is severely misaligned, and that this misalignment costs jobs in U.S. manufacturing. While China has been a net seller of foreign exchange reserves over the past two years (meaning that it has not engaged in direct manipulation over this time), it maintains well in excess of $3 trillion in total reserves, which have a depressing effect on the value of its currency.

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The H-2A farm guestworker program is expanding rapidly: Here are the numbers you need to know

H-2A visas by the numbers:

165,741: Number of H-2A jobs certified in 2016
14%: Increase in H-2A jobs since 2015
160%: Increase in H-2A jobs since 2006
134,368: Number of H-2A visas issued to workers in 2016
167: Average number of days H-2A jobs were certified for in 2016
Approximately half of H-2A jobs in 2016 were certified in 5 states: Florida, North Carolina, Georgia, Washington, and California
7%: Percentage of the crop workforce that H-2A workers represent

The H-2A visa program allows farmers anticipating shortages of U.S. seasonal workers to be certified by the U.S. Department of Labor (DOL) to recruit and employ foreign workers with temporary, nonimmigrant visas. DOL certified 165,700 jobs to be filled by H-2A workers in fiscal 2016, up 14 percent from 145,900 in fiscal 2015.1 The H-2A program in 2016 is two-and-a-half times larger than it was a decade ago in 2006, when 64,100 jobs were certified.Read more

Legal does not mean safe: The fate of chemical protections for workers in the Trump era

This article was originally posted on Confined Space.

The fact that most OSHA chemical standards are old, outdated and don’t protect workers very well is something that government, labor and industry can generally agree on.  There is less agreement, however, on what needs to be done about that problem. But it’s a question that needs to be addressed, as an estimated 50,000 workers die every year from occupational disease, mostly related to chemical exposure, and almost 200,000 are sickened.

Rachel Cernansky, writing in the New York Times today about “America’s Toxic Workplace Rules” asks “Why does the [Labor] department’s Occupational Safety and Hazard Administration allow workers to be exposed to dangerous chemicals at limits far higher than those set for everyone by the Environmental Protection Agency” and what will Trump’s Labor nominee, Alexander Acosta, do about it?

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A modest proposal for increasing workplace flexibility

Under current law, employers can give workers time off—paid or unpaid—whenever they want to, for any reason. They can, for example, reward employees who work overtime by giving them unpaid time off at a later date. The employer pays time-and-a-half for the overtime when it’s worked, and then can give an equivalent amount of unpaid time off to repay the employees for the extra time away from their home and family. That’s what a family-friendly employer can do now, with no legislative change required.

But Rep. Martha Roby wants a better, more “flexible” deal for employers. She wants them to be able to withhold the overtime pay until the employee takes compensatory time off (comp time), only paying it out if they can’t agree on a mutually convenient time to take the leave by the end of the year. Roby has introduced a bill, H.R. 1180, “The Working Families Flexibility Act,” to give employers that new right, while pretending to do something for employees.

Why should Rep. Roby stop there? I’d like to propose the “Working Families Super Flexibility Act.” My new bill takes the ideas of H.R. 1180 one step further, providing the greatest possible flexibility to employers and employees. Instead of receiving wages at the time they perform their work, employees can agree to receive credits toward future time off, which will be deposited in a “comp time bank.” The employees will have the freedom to use these credits whenever they want, as long as their employer agrees on the dates for leave. If no mutually convenient time is found before the end of the calendar year, the employees will finally get their earned wages—assuming that the company hasn’t gone out of business (as 400,000 do each year)—and the employer will collect all accrued interest.

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Expand Social Security, don’t revive 17th century tontines

The New York Times had an article recently about academics and financial advisers who want to bring back a Baroque-era investment vehicle—the tontine—where an annual dividend is split among surviving investors (the Washington Post had a similar story two years ago). The present-day appeal of the tontine is partly based on its supposed transparency. It’s unlikely, however, that potential investors would be able to accurately predict the payouts they might receive, which would depend on their health relative to that of others in the pool, among other variables. Still, it’s a morbidly interesting excuse to think about insurance markets and innovative retirement schemes.

Gambling on other people’s death isn’t unique to tontines. The AIDS epidemic created a secondary market in life insurance policies, allowing ill policyholders to tap some of their benefits to pay for health care and living expenses. Though this may have served a useful function in a country with inadequate social insurance—especially pre-Obamacare—it’s hard to feel sorry for investors who lost big after the discovery of antiretroviral drugs.

Tontines, like Social Security, traditional pensions, and life annuities, insure against the risk of living longer than expected in retirement. The problem of outliving one’s savings has gotten worse as Social Security benefits have been trimmed back and private sector employers have replaced traditional pensions with 401(k)-style savings plans. In theory, 401(k) savers can insure against longevity risk by purchasing life annuities, but few actually do. There are several reasons for this, starting with the fact that few have significant savings to begin with—a problem exacerbated by current low interest rates that lock annuitants into low annual payments. In addition, potential buyers must navigate complex and tricky insurance markets and face prices driven up by adverse selection and asymmetric information, the classic problem of markets for individual insurance whereby people at greater risk (of living longer, in this case) are more likely to purchase insurance and have an incentive to conceal information to avoid higher risk-adjusted premiums, leading to higher prices for all consumers and a shrinking market

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