Model Workplaces

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 A 2009 explosion killed Laura Manis’ husband, Tommy, who worked at an oil refinery that federal regulators considered a "model workplace" for safety. The government gives refiners special scrutiny because of their unique hazards. "Model workplaces" are exempt. PBS
A similar story line has played out at "model workplaces" across the country, even in hazardous industries: Missed opportunities to detect and fix hazards, a serious mishap, safety violations — and continuation of the government’s stamp of approval.

Model Workplaces

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As federal regulators review a controversial program exempting government designated “model workplaces” from regular safety checks, newly released U.S. Occupational Safety and Health Administration records detail significant safety risks, injuries and even deaths at the sites across Massachusetts.

OSHA, the federal overseer of workplace safety, has also allowed some Massachusetts employers to retain their “Voluntary Protection Program” (VPP) status even after serious safety problems have been exposed or workers have been killed, according to more than 1,000 documents obtained by the New England Center for Investigative Reporting under a federal Freedom of Information Act request.

The VPP designation frees employers from regular health and safety inspections, and they are largely left to police themselves, a flaw that has contributed to the death of at least two Massachusetts workers, some critics said.

“If you're a VPP program, that should never happen,” said James Lee, a trustee with the American Postal Workers Union Local 497 and a member of the OSHA investigating team that reviewed a horrific 2006 fatal accident at a U.S. Postal facility in Springfield, Mass.  

“This would never have occurred if (OSHA) came in more frequently,” Lee said.

OSHA rarely strips VPP sites of their special status, even after violations are found or fatal tragedies occur, like the death of postal worker Robert J. Scanlon in Springfield and the 2004 death of a 34-year-old mother of three who was accidentally sucked into an adhesive coating machine at a Spencer, Mass., manufacturing firm, the OSHA documents show.

Model Workplaces

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The Department of Labor building in Washington, D.C., which is home to the Occupational Safety and Health Administration Evan Bush/iWatch News

The Department of Labor’s Office of Inspector General will examine a federal program that recognizes “model workplaces” and exempts them from regular inspections, the office’s audit plan for the coming fiscal year shows.

The assessment comes as an Occupational Safety and Health Administration task force is conducting its own review of the agency’s Voluntary Protection Programs — the subject of a recent Center for Public Integrity investigation.

The Center found that, since 2000, more than 80 workers have died at sites OSHA deemed the nation’s safest. But even when investigators found serious safety violations related to the fatal accidents, OSHA rarely used its authority to remove sites from the program.

Model Workplaces

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The Department of Labor building in Washington, D.C., which is home to the Occupational Safety and Health Administration Evan Bush/iWatch News

A federal task force is conducting a “top-to-bottom review” of a controversial program that exempts “model workplaces” from regular safety inspections, a Department of Labor official confirmed this week.

The review is focusing in part on “legitimate concerns” raised earlier this year in a Center for Public Integrity investigation, said Jordan Barab, the No. 2 official at the Occupational Safety and Health Administration, which runs the program.

The Center’s investigation found that, since 2000, more than 80 workers have died at workplaces in OSHA’s Voluntary Protection Programs, known as VPP – a club of more than 2,400 sites that are supposed to be the nation’s safest. In more than half of these cases, the mandatory inspection triggered by the fatal accident found serious safety violations.  Yet these deaths rarely led to serious consequences for the company, and OSHA has seldom used its authority to boot a site from the program.

Among the questions the agency will have to address: What should happen when a worker is killed at one of these OSHA-recognized sites?

OSHA’s policy on responding to fatal accidents at VPP sites is one of “the first things we are looking at,” Barab said. The task force, which has six members pulled from OSHA’s local, regional and national offices, has submitted its report, which is being reviewed and will have to go through the agency’s lawyers, he said.

The document includes recommendations on how to improve the program, but Barab would not provide details. “I’m not saying we’re going to change everything, but we are looking at [the recommendations],” he said.

Model Workplaces

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Eastman Chemical Company's plant in Kingsport, Tenn., is a government-recognized "model workplace." Chris Hamby/iWatch News

Worries about fires, explosions and chemical releases prompted the federal agency in charge of workplace safety on Wednesday to expand a special inspection program focusing on the nation’s chemical plants. Regulators believe the industry is particularly vulnerable to such hazards, meriting the closer attention.

Yet some plants will continue to be shielded from the special inspections, despite past worker deaths, because of their status as “model workplaces.”

“Far too many workers are injured and killed in preventable incidents at chemical facilities around the country,” said David Michaels, the head of the Occupational Safety and Health Administration, in announcing the broadening of the pilot program, which began in 2009.

Michaels said inspectors would “cover chemical facilities nationwide to ensure that all required measures are taken to protect workers.”

But the agency opted to exempt sites that participate in its Voluntary Protection Programs, known as VPP. As iWatch News has reported, more than 80 workers have died since 2000 at these sites OSHA has deemed “model workplaces” – from power plants to paper mills and shipyards. 

Companies, however, have rarely faced serious consequences, even when inspectors identified safety violations related to the fatal accident.

The exemption from regular inspections, including those conducted under special emphasis programs, has particular resonance for companies in the chemical manufacturing industry, which is both the target of the new initiative and the largest industry sector in VPP. 

Model Workplaces

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Scott Manning died after a preventable leak released toxic chemicals at Eastman Chemical Company’s Kingsport, Tenn., plant - a "model workplace" for safety. Chris Hamby/iWatch News
More than 80 workers have died since 2000 at "model workplaces," more than appear in a database of the federal Occupational Safety and Health Administration. Fatal accidents at similar "model workplaces" overseen by 21 states aren't tracked by OSHA at all. Scott Manning wasn't even a number.

Model Workplaces

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A Postal Service mail processing center. Ric Francis/AP
With one hand, OSHA tries to encourage companies to comply with safety standards through cooperative programs between employers and regulators. With the other, the agency strives to enforce the law through inspections and penalties. At the Postal Service, which has more OSHA-certified "model workplaces" than any other U.S. employer, unaddressed hazards persist.

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Writers and Editors

Senior Reporter iWatch

Jim Morris has been a journalist since 1978, specializing in coverage of the environment and public health.

Staff Writer iWatch

Chris Hamby’s reporting on the environment and workplace safety has been recognized with the James Aronson Award for Social Justice Journ