operating engineer

Operating Engineeri n t e rnat i ona l

w w w. i u o e. o r g • s p r i n g 2013

38th GENERAL CONVENTION

international operating engineer2

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Operating Engineeri n t e rnat i ona l

spring 2013 • Volume 156, no. 2Brian e. Hickey, editor

Jay Lederer, Managing editor

[left] A spire is hoisted to the top of One World Trade Center bringing the tower to its full height of 1,776 feet.[photo] Mark Lennihan/AP

08 Our Work: World Trade Center Operators cap off country’s newest landmark

10 Member Spotlight Tweeting from atop Canada’s tallest crane

12 Battle to Build Keystone Heats Up International, multi-front campaign underway

16 38th General Convention “Honor the Past, Shape the Future”

Dep

art

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ts 05 From the General President

06 Education & Training

12 Politics & Legislation

28 In Memorium

20 Canadian News

22 HAZMAT

23 Health & Safety

24 GEB Minutes


International Operating Engineer(issn 0020-8159) is published by the: international union of operating engineers, AFL-Cio 1125 17th street, nw washington, DC 20036

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general officers

James T. Callahan, general presidentBrian e. Hickey, general secretary-Treasurerwilliam C. waggoner, First Vice president

patrick L. sink, second Vice presidentJerry Kalmar, Third Vice president

russell e. Burns, Fourth Vice presidentrodger Kaminska, Fifth Vice president

James M. sweeney, sixth Vice presidentrobert T. Heenan, seventh Vice presidentDaniel J. Mcgraw, eighth Vice presidentDaren Konopaski, ninth Vice presidentMichael gallagher, Tenth Vice presidentgreg Lalevee, eleventh Vice president

Terrance e. Mcgowan, Twelfth Vice presidentLouis g. rasetta, Thirteenth Vice president

Mark Maierle, Fourteenth Vice president

trustees

John T. Ahern, ChairmanKuba J. Brown, TrusteeBruce Moffatt, Trustee

James T. Kunz, Jr., TrusteeJoseph F. shanahan, Trustee

International Union of Operating EngineersAFL-CIO

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[James T. Callahan]From the General President

As GenerAl President, my guiding principle each and every day has been “the members are the union.” Along with General secretary-treasurer Hickey and the executive Board, we work with purpose to grow and secure opportunities for all our members and to build inroads for the next generation of Operating engineers.

i was honored to receive the unanimous support by the delegates to the 38th General Convention to serve as General President for a full term. The delegates in attendance—over 600 strong—took to heart our theme “Honor the Past, shape the Future” and conducted the important work of our union diligently.

There is an old saying, “May you live in interesting times.” some say it’s a curse, but like it or not, we do live in very interesting times. in the five years since the last convention, our union, our two nations and the entire world, witnessed significant changes—a global financial crisis not seen since the Great depression; soaring unemployment in the construction industry; the winding down of two very long and costly wars; and two presidential elections marked by extreme political polarization – to name just a few.

Make no mistake, like many unions, we took our hits and many members have faced difficult times. But despite these challenges, the state of our union remains strong and is growing stronger every day. More jobs are being created, membership is climbing and our pension funds are realizing concrete gains with an improving stock market.

The improving economy is welcome news, but serious threats remain to our union and the broader labor movement. These attacks come disguised in the cleverly deceptive turn of phrase: “right-to-Work.”

let’s be clear. so called “right-to-work” is a lie. Under these laws workers lose rights and no work gets created—it’s a political trick to cripple unions and dismantle collective bargaining. These laws drive down wages for every worker, union and non-union, and damage the overall economy.

What started in Wisconsin quickly spread to indiana and Michigan last year, where we fought alongside our allies to defend collective bargaining rights. today, this “right-to-work” virus continues to spread through other states and some Canadian provinces as well.

i pledged then and i pledge again now—we will spend whatever resources are necessary to confront and combat these attacks wherever they occur. We didn’t ask for this fight, but you can be sure we will bring the fight to them! We will educate and we will mobilize. We will never surrender to collectively bargain for our members.

Our best defense against the increased anti-labor activity we are seeing is to have a better offense—and organizing is a major part of that strategy. We must re-double our efforts to educate, motivate and organize new members at every turn.

We have instituted a more aggressive organizing model to increase and enhance our market share within both H&P and stationary. We are leveraging technology and strategic research to undertake comprehensive campaigns. We are building density and beginning to organize our core jurisdictions in less labor friendly markets. These efforts are finding success—from stationary engineers on the las Vegas strip, to petro-chemical workers in texas, to crane operators in Florida.

right now, as our economy begins to grow again and as we welcome

home thousands of military veterans, we must seize the opportunity to re-introduce the Operating engineers to a new generation. One way to do this is by showcasing our training programs.

training is what sets us apart and enables our members to stand out as the most productive and safest workers in both H&P and stationary. Our training programs have set the gold standard within the crafts we work and, moving forward, we will continue to prioritize training throughout every level of our union.

each time we gather together, whether at a local membership meeting or a general convention, we are reminded that our strength as a union lies in our unity. We have found that no matter where we come from or what work we dedicate our lives to, we have a common bond. And that bond will propel us forward in the years ahead.

Our union has been tested under extremely difficult circumstances. However, by working together, we have shown that our union can turn challenges into opportunities and advance the interests of our members and their families.

Moving forward, we will shape a better future for Operating engineers and we will do it together. Of that, i have no doubt.

Shaping the Future TogetherStrength in unity propels us forward


Education & Training

Local 926 Puts New Deere Equipment to the Test

tWeleVe PieCes OF of new John deere equpiment are making their way around the country as part of ntF’s lease Program with the manufacturer. recently, local 926 utilized a top of the line deere backhoe at their training site in rex, Georgia. Contact ntF for program details.

Celebrating 50 Years of Training, Local 39 Graduates 51 Apprentices

lOCAl 39 CeleBrAted a historic milestone this year when the san Francisco based stationary engineer local held their 50th Annual Apprentice Graduation. The affair was well attended by the graduates, their family members and co-workers. The Grand Ballroom of the world famous san Francisco Hilton was the setting for this Golden Anniversary event.

A sense of pride was evident to all who attended as the evening’s host, Business Manager and iUOe Vice President Jerry Kalmar introduced local 39’s newest journeypersons. They enter the next stage of their careers covering a broad spectrum of industries represented by stationary engineers, local 39.

each year, the local honors one individual with the coveted Apprentice of the Year Award, aptly named the “richard Ganley Award” honoring long time member and contributor to the Joint Apprenticeship Program, richard “dick” Ganley. The criteria for receiving the award are the overall achievements based on classroom grades, attendance and work evaluations culminating in a “best of the best” among a class of hard working and deserving candidates.

This year’s recipient of the richard Ganley Apprentice of the Year Award is Andrew deCavia. Along with his new found honor, Brother deCavia received $1000 for his outstanding performance throughout his four year apprenticeship.

The evening’s celebration was heightened when Business Manager Kalmar proudly announced this year’s recipients of the “local 39 educational scholarship.” Three deserving children of local 39 members received four year college scholarships of up to sixty thousand dollars each. With this year’s awards, the local has raised over $1 million dollars through its scholarship Golf tournament to provide college

scholarships to the children and/or grandchildren of local 39 members.

This year’s proud recipients are Olivia Carreon, daughter of local 39 member Kerri Moore, rachel epling, daughter of local 39 member Michael epling and natasha Jones, daughter of local 39 member Mark Jones.

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tHe nAtiOnAl trAininG FUnd presented the first of two Basic instructor Classes for 2013 at the Conference Center at the Maritime institute in linthicum, Maryland on April, 8-12. This 4 ½ day class helps new and recently hired instructors develop excellent teaching techniques

NTF Conducts First Basic Instructor Class of the Year

Front Row L to R: J. Forlenza (15), K. Kroeger (Inst), B. Hickey (399), L. Nagle (399), J. Blum (70), J. Machak, (99), M. Turner (Inst); Second Row L to R: A. Johns (JC), J. Miller (137), S. Redden (99), G. Long (399), H. Skopik (501), B, McLaughlin (399), S. Meany (137), P. Peterson (15), J. Welp (181), L. Titus (351), N. Ridgway (318); Last Row L to R: A. Luviano (501), S. Marsyla (70), R. White (399), M. Van Der Sluis (501) R. Jones (407), C. Wilson (JC), G. Wilson (501), J. Rafferty (399), C. Mortensen (501).

in adult learning and meets the requirement set forth by the department of labor’s education and training Administration for registered Apprenticeship. Below are the latest members to attend and complete this class.

Local 926 backhoe class from L to R: Director of Training & Safety Rich Shakespeare, Instructor Johnny Spann, George Propes, Dakota Kabina, Wayne Rampley, Mark Parson, Anthony Nash, Nick Lee, and Jonathon Hackett.


Our Work: World Trade Center

As sPeCtAtOrs And construction workers applauded below, local 14 crane operator John schaffner set a silver spire atop new York City’s One World trade Center on May 10, bringing the structure to its full 1,776 height.

The 408-foot spire, which weighs 758 tons and includes a broadcast antenna and light that will be visible from up to 50 miles away, is a permanent signal of triumph that restores a key part of the city skyline shattered by the 9/11 terror attacks.

“This really is a symbolic moment because this building really represents the resiliency of this country,” Port Authority Vice Chair scott rechler told tOdAY’s Matt lauer, who was perched on the 104th floor with other Operating engineers to witness the process. “These people, the thousand men and women who have worked here tirelessly, really as a tribute for the people that perished on 9/11 right on this site.”

The needle will be held in place by a temporary structure until iron workers finish off the permanent base in the coming weeks.

The 1,776 feet — or 541 meters — is symbolic of the year 1776, when the U.s. declared its independence.

The building is rising at the northwest corner of the site where the twin towers were destroyed. The area is well on its way to reconstruction with the 72-story Four World trade Center and other buildings.

The elegant spire gives the building the extra height needed to claim the status as the tallest structure in the U.s. and the third-tallest in the world, although building experts dispute whether the spire is actually an antenna — a crucial distinction in measuring the building’s height.

The Council on tall Buildings and Urban Habitat, a Chicago-based organization considered an authority on such records, says an antenna is something simply added to the top of a tower that can be removed. By contrast, a spire is something that is part of the building’s architectural design.

Video of the event can be seen at www.iuoe.org

Gleaming Spire Tops Off New World Trade Center Tower

Local 14 crane operator John Schaffner is ready to make the historic lift. [photo] Bill Farrell

[right, photo] September 11 Families Association

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Member Spotlight

[above] One of the hundreds of photos that Local 793 member Robert MacFarlane has shot from the cab of his crane 702 feet above Toronto and posted on Twitter. [right] MacFarlane on ground level in front of the L Tower. [photo] Jordan Chittley/Yahoo! Canada News[story by] Curtis Rush, The Toronto Star

Operator Tweets Atop Canada’s Tallest CraneLocal 793 member Robert McFarlane chronicles Toronto from on high

Follow Robert MacFarlane on Twitter: @SkyJacked793

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FrOM His dAilY perch high in the sky in toronto, crane operator robert MacFarlane can see niagara Falls out one window and Canada’s Wonderland out another.

As the l tower rises to 58 stories on The esplanade, MacFarlane is blessed with some of the most stunning views in the city as he hoists construction materials to the top of the condo development.

it’s in those quiet moments, sitting in his solitary seat 702 feet up in his crane operator’s cab, that MacFarlane is struck by the beauty of a sunrise over lake Ontario, or the majesty of a hawk or falcon swooping among the tall buildings.

Those are the scenes he wants preserved. so, with no previous photography experience, he comes to work each day equipped with two point-and-shoot cameras and a smartphone.

in any kind of weather, whether it’s blazing sun, cool mist or wicked winds, MacFarlane snaps hundreds of photos, making him something of a skyscraper shutterbug extraordinaire.

Many of those photos end up on his new twitter account @skyJacked793.

His twitter handle comes from the fact that the vernacular for raising a crane is “jacking it up,” and 793 is his union local.

inspired by Canadian astronaut Chris Hadfield’s tweets from the international space station, MacFarlane opened the twitter account recently and began posting photos from his high vantage point.

“it’s pretty cool,” the 54-year-old scarborough father of three says, standing at ground level outside the l tower.

“The bank towers are taller, but not everybody can go outside, like i can. it’s not the same. i can open my window and just lean over and take a shot if i get one. i love taking Humber Bay pictures. i can’t get enough of those.”

The crane he works in, he’s been told, is the highest free-standing crane erected in Canada right now, affording him a 360-degree unobstructed view.

sometimes he takes photos from inside the cab, and other times, the 6-foot-5 MacFarlane will lumber out onto the platform to get that perfect shot.

rarely will a big event below escape his photographic eye.

He has seen accidents on the Gardiner expressway and recently a fire evacuation from a building along Queens Quay.

The native of new Brunswick has been a crane operator for 20 years and currently earns about $40 an hour.

He’s not expecting to become a social media star among crane operators, although he suggests he’s the only crane operator in the world doing what he’s doing. taking photos from his crane operator’s cab will remain a hobby.

He fully realizes that this is a rare moment in a crane operator’s career.

Once the l tower is completed, MacFarlane will have to wait years to get to this level again — if ever.

“You only get a shot at this once,” he said. “every day there is beauty on the lake, and little swaths of the city that will light up while everything else is in shade, and one chunk in Mississauga will be glowing in the sun. i just gotta get that picture.”

sometimes, an early-morning scene with the sun streaking the sky purple or orange is too beautiful to miss.

“i’ve even stopped the crane and said, ‘Boys, hang on a minute … . They’re amused by that.’”

“I’ve even stopped the crane and said, ‘Boys, hang on a minute … . They’re amused by that.’”


Politics & Legislation

tHe BAttle tO build the 1,200-mile Keystone Xl Pipeline is being waged on several different fronts – in Congress, in regulatory agencies, and on the ground. The campaign rages while the 500-mile Gulf Coast segment of the crude-oil pipeline from Cushing, OK, to Port Arthur, tX, which was originally part of the Keystone Xl, is currently under construction, employing over one-thousand Operating engineers.

Because the project crosses the U.s.-Canadian border, the project requires a Presidential Permit, which is issued by the state department. in november 2011, President Obama halted consideration of the permit for Keystone Xl, saying that the state

International, Multi-Front Campaign to Build Keystone XL Pipeline

of nebraska needed more time to consider alternative routes around the sensitive sand Hills area. instead of losing precious time on the portion of the pipeline that does not cross the border, transCanada secured permits for the Gulf Coast project that would help eliminate the immediate supply glut in Cushing, OK, and move crude oil to refineries in Port Arthur, tX. Members of local 178, 450, and 627 are building the project in their jurisdiction now.

After the President delayed the project, nebraska moved forward with its environmental review of the pipeline, ultimately rerouting the Keystone Xl completely around sensitive area. nebraska Governor

dave Heineman said in his January 22, 2013 letter to President Obama and then-secretary Clinton that the state had “completed its evaluation” and that the project “...would have minimal environmental impacts in nebraska.”

The state department incorporated nebraska’s new reroute into its review and recently released an environmental impact statement (eis) for the project seeking public comment. The international Union joined the other pipeline crafts in sending a letter to the state department, which called for the project’s expedited approval. Members of the Operating engineers filed thousands of comments supporting the project in that part of the process. The project awaits its Final

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environmental impact statement, one of the last key steps in the nearly five-year effort to secure a permit. While uncertainty and bureaucratic delay has plagued the process, a final decision is likely to come in the Fall.

On the ground, the fight continues to win the hearts and minds of decision-makers on this critical north American energy project. Operating engineers are leading rallies in state capitals across the Midwest to rally support for the project. local 49 in Minnesota, local 324 in iowa, and local 513 in Missouri mobilized hundreds of members and community leaders to get involved in the environmental review and let the Administration know just how important it is to the lives and livelihoods of union construction workers. Glen Johnson, Business Manager of local 49, led a rally on the steps of Minnesota state Capitol, where he said a pipeline is the “best transportation system for oil.”

On April 18, members of local 513 helped organize an event with

community and industry leaders in st. louis to support the critical energy infrastructure project. Joining the Missouri Attorney General Chris Koster joined union members at the rally, where he said, “We’re talking about good jobs, good jobs for skilled trades men and women in manufacturing, transportation and construction, jobs for welders and electricians, pipefitters and carpenters, teamsters and engineers. And where there are new jobs for skilled labor, there are going to be jobs for other Missourians…it’s good for all of us.”

Keystone Xl advocates in Congress are looking for ways to advance the project. during consideration of the budget, senators John Hoeven (r-ne) and Max Baucus (d-Mt) offered an amendment in support of the Keystone Xl. The vote received a filibuster-proof 62 votes in the United states senate, overcoming that key 60-vote threshold in the chamber. seventeen democratic senators supported the project.

in the House of representatives,

legislation is moving to directly approve the permit in Congress, much like what was done in the 1970s to approve the trans-Alaska Pipeline (tAPs), the 800-mile pipeline that brings crude oil from Prudhoe Bay, Alaska to port in Valdez. The northern route Approval Act, H.r. 3, is making its way through the process, with support from the iUOe, which testified before the House Committee on natural resources in support of the legislation. General President Callahan said, “After almost five years of review, it’s time to unlock the jobs this massive private investment will create and put Operating engineers to work.”

left] Members of IUOE Local 234 turned out in force at the state capitol in Des Moines to support the Keystone XL pipeline. [above] IUOE Local 49 joined the Laborers and other Minnesota construction unions outside the Minnesota State Capitol. [above, right] Operating Engineers are busy building the Southern leg of the Keystone XL pipeline in Texas and Oklahoma.


Politics & Legislation

On MAY 15, the United states senate overwhelmingly passed the nation’s Water resources development Act of 2013, which governs investments on the nation’s inland waterways, locks and dams, ports, harbors, and flood-control projects, ensuring competitive maritime transshipment of agricultural products, fuel shipments, and much more.

Barbara Boxer (d-CA), Chairman of the senate environment and Public Works Committee, was able to forge a compromise with republicans on her committee, which led to unanimous support for the bill when it passed out of her committee. That show of support built momentum as the legislation moved to the senate floor, where 83 senators supported it on final passage.

“Getting 83 votes in favor when bipartisanship is missing in the senate is very important. now is the time for the House to act so we can ensure that the benefits of the bill are realized,” sen. Boxer said in a statement following the vote.

iUOe General President Callahan joined the call for quick passage of the bill in the House of representatives. “now is the time to quickly move this bipartisan legislation in the House to create jobs and put Operating engineers to work,” said President Callahan.

A billion dollars invested in water projects creates about 10,000 jobs in the construction industry, including hundreds of iUOe jobs. it is estimated that the bill will create or sustain about 500,000 jobs across the United states in all sectors of the economy.

The bipartisan legislation will authorize critical water-resources investments and speed the project-delivery process at the Army Corps of engineers. The bill would also help ensure that the nation’s harbor and port navigation channels are fully

Ports, Harbors, Waterways Legislation Passes Senate

maintained by expending Harbor Maintenance trust Fund revenues for their authorized and intended purpose. The Harbor Maintenance trust Fund, before these changes, collected revenue from freight shipments to maintain the nation’s harbors, but past Administrations, both democratic and republican, refused to spend all of the money raised for that purpose on harbor maintenance. The international Union of Operating engineers, working closely with other industry allies, has been trying to resolve this issue for years.

Another section of the bill, s. 601, would create an innovative financing program to leverage government funds for water infrastructure projects. This program is modeled after one that exists in the highway and transit law, and is designed to provide low-cost financing to public-private partnerships, as well as ports, states, and local governments.

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38th General Convention of the International Union of Operating Engineersdelegates elect Callahan General President, issues call to action to defend rights and grow membership

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deleGAtes tO tHe iUOe’s 38th General Convention, held in Hollywood, Florida from April 28 to May 1, took to heart the convention theme, “Honor the Past, shape the Future,” by adopting 17 constitutional amendments and 27 resolutions that establish the priorities and positions of the union going forward.

The delegates unanimously elected James t. Callahan as General President and Brian e. Hickey as secretary-treasurer to their first full terms. All current international Vice Presidents and trustees were also unanimously elected.

“i am proud to lead a union of dedicated and skilled trade unionists who build and maintain north America every day,” said Callahan. “Once again, our union is called to action. We must stand up against powerful interests who want to silence workers, kill private and public sector unions, and marginalize working families.

“now, more than ever, we need to make bold investments and find innovative solutions that will create jobs, pay a fair wage – a union wage– and support middle class families.”

resolutions dealing with organizing, training, occupational health and safety, prevailing wage, economic and labor issues, and pension and healthcare benefits also were passed unanimously, as were other resolutions dealing with various issues.

Featured speakers at this year’s convention included U.s. senator dick durbin (d-il); Ambassador Gary doer, Canadian Ambassador to the United states; richard l. trumka, President AFl-CiO; douglas McCarron, General President - United Brotherhood of Carpenters; d. taylor, President - Unite-Here; and stephen lindauer, CeO - Association of Union Constructors.

The convention theme was prevalent throughout the four-day event and delegates returned home energized and unified for the challenges and opportunities that lie ahead.

More information about the 38th General Convention, including the video presentations that were shown, can be found at the international’s website: www.iuoe.org

38th General Convention of the International Union of Operating Engineersdelegates elect Callahan General President, issues call to action to defend rights and grow membership

Feature

[left] Former General President Vincent J. Giblin administered the oath of office to the newly elected General Officers and International Trustees.

[following pages] Scenes from the 38th General Convention that was held in Hollywood, Florida where over 600 delegates from 104 locals took part.

19FALL 2012


Canadian News

iUOe lOCAl 793 has embarked on an aggressive campaign to recruit and train more First nations peoples for careers as Operating engineers.

The union and its training arm – the Operating engineers training institute of Ontario (OetiO) – are reaching out to First nations, inuit and Metis peoples to fill the skills gap.

The goal is to get First nations peoples into apprenticeship programs, train them, and then match them with contractors across Ontario.

About $3.7-billion in work is expected to come on stream in northwestern Ontario in future years – mainly roads and infrastructure to support growth of the mining industry. Much of that work is expected to be near First nations communities.

local 793 wants to ensure that young people from First nations communities are properly trained and ready for the jobs.

Mike Gallagher, local 793 Business

Manager and iUOe international Vice President, has spoken repeatedly about the importance of getting Aboriginals into training.

He firmly believes that First nations peoples should be trained for jobs in the construction industry instead of bringing in temporary foreign workers from abroad.

“We need to reach out to them,” he told a general membership meeting of local 793 on March 24 in Oakville.

Gallagher also spoke about the issue at a conference of Aboriginal leaders and training officials in Thunder Bay on March 26.

The conference brought together First nations skills and employment training agencies to discuss a solution to bridging the skills gap in Canada.

“One of the best things we can do for our children is give them a career, give them a skill, and an apprenticeship

Local 793 Reaching out to First Nations Communitiesoffers them that,” Gallagher told delegates at the conference.

He said unions like local 793 will bargain collective agreements that protect workers and ensure First nations communities benefit from developments that take place on their lands.

“i want to encourage the elders and the chiefs of the First nations peoples to work with organizations like mine – the Operating engineers – or other groups out there because you have to have some permanent benefit from development that occurs on your land,” he said.

local 793 has been working with First nations communities for some time now.

ten years ago, the local negotiated a collective agreement with Kiewit for a road project known as the Garden river Project in sault ste. Marie. The project employed many First nations workers.

since 2006, the OetiO has trained more than 700 First nations, inuit and Metis people from Ontario, nunavut and saskatchewan. Many successful graduates are now working in the mining, construction, roads and pipeline sectors.

in the past two years, the OetiO has trained at least eight First nations crane apprentices. One of those apprentices is tanya Uiselt, a 20-year-old member of the Moose Cree First nation who is local 793’s first Aboriginal female tower crane apprentice. she is working at the lower Mattagami hydroelectric generating project in northern Ontario.

in the last six months, though, local 793 and the OetiO have stepped up efforts to reach out to First nations communities.

six staff members were appointed to committees that support the Aboriginal Apprenticeship Board of Ontario. The OetiO has also developed a new iUOe

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iUOe lOCAl 115 says federal government reforms to the temporary Foreign Worker Program are a very positive first step in response to the judicial review they pursued because Hd Mining was allowed to bring 201 Chinese coal miners to British Columbia.

But they also warn that there are many problems with the temporary Foreign Worker Program that must be resolved to ensure qualified Canadians are not losing jobs to imported workers – and called on the federal government to ensure the BC Building trades are a key part of meaningful consultation on remedies.

The federal government changes include removing an option that allowed employers to pay 15% lower wages than Canadian prevailing wage rates, ending an Accelerated labour Market Opinion process to bring in temporary Foreign Workers, giving government increased authority to suspend and revoke worker

Local 115 Efforts Result in Federal Reforms to Worker Program

permits for abusing the program and ensuring foreign languages are not job requirements.

“The BC Building trades went to Federal Court because qualified Canadians were being excluded from jobs they should have been hired to fill and the evidence we produced forced significant changes today,” said Brian Cochrane, Business Manager of the international Union of Operating engineers local 115 – one of two unions granted the judicial review.

“This is a great initial victory for Canadians. We took an abused, flawed and not well-understood program that was undermining Canadian workers’ interests and shaped a better process for the country,” Cochrane said.

The BC Building trades are waiting for Justice russel Zinn’s decision on the judicial review of the Hd Mining permits and believe it will come down in the next few weeks.

trade-entrance upgrading course for crane and heavy equipment candidates. This enhances the ability of First nations peoples to pass the iUOe trade entrance exam.

The OetiO, meanwhile, has also hired Brian Pelletier, an Ojibway and member of the serpent river First nation, for its outreach program. Brian has worked with First nations communities across Canada for more than 30 years.

The initiatives appear to be paying off as training staff has noticed that more First nations funding agencies are coming to the OetiO campuses for two- or three-day site visits. More First nations funding agencies are also sending their clients to the OetiO, as agency representatives are more aware of the training possibilities being offered at the campuses.

last december, 20 First nations peoples came to the OetiO in Morrisburg for a four-day introduction to heavy equipment program. eight of the 20 returned afterwards to participate in a 10-week heavy equipment program. in April, another 15 First nations trainees attended the same introduction to heavy equipment course at the OetiO in Morrisburg.

As part of the effort, local 793 and the OetiO are also helping employers hire First nations peoples when a project is undertaken near where Aboriginals live. For example, the local recently helped employer HP White recruit several First nations peoples for work on the Mclean’s Mountain Wind Farm project on Manitoulin island.

Getting First nations peoples into training opportunities is a win-win situation for both the Operating engineers and First nations communities, as local 793 needs people to take up the trades and First nations communities have young people who are eager to work.

Local 115 Business Manager Brian Cochrane speaks from the floor of the IUOE General Convention on a resolution pertaining to temporary foreign workers in Canada.


HAZMAT

WHY WOUld instrUCtOrs pursue OsHA recognitions that require a minimum of 160 hours of training? Because these recognitions validate a high level of professional development that enables instructors to meet changes in workforce requirements and the needs of working safety professionals. The OsHA Certificate program provides instructors with a solid background in OsHA regulatory compliance requirements and complex occupational safety and health issues. This program has been designed by experienced safety and health professionals and includes training in key areas. Core courses give a strong foundation in the fundamentals of occupational safety and health. elective courses enable instructors to focus on the specialized needs of their workplace.

Local Union Instructors Achieve OSHA Master Trainer and Safety and Health Specialist Certificates

The iuoe nTF’s national HAZMAT program congratulates the following 20 iuoe instructors who have recently achieved the osHA Master Trainer status from west Virginia university’s national resource Center for osHA Training.

• Joel Crooks, Local union 542• william Davis, Local union 825• Adam Ferguson, Local union 302• Harold garrett, sAT• Michael gonoud, Local union 14• James Haitz, Local union 66• Mitchell Kealoha, Local union 3• Chris Kovacic, Local union 501• Timothy Manning, Local union 280• gary niedbalski, Local union 571• Ken phillips, Fort simcoe Job Corps• James presley, sAT• Cheryl reynolds, Local union 841• Thomas spangler, Local union 150• richard spencer, Local union 501• Karen stephens, Local union 101• scott swick, Local union 478• Chris Tomblin, Local union 150• Martin Turek, Local union 150• george wallis, Local union 825

The national HAZMAT program also congratulates the following 14 iuoe instructors who have recently achieved the osHA safety and Health specialist Certificate from west Virginia university’s national resource Center for osHA Training. These instructors may now choose to attend the Teaching Techniques – Beginner course, an additional 32 hours of training to earn the osHA Master Trainer status.

• william Baggett, Local union 953• scott Browning, indiana Job Corps• Mary Denes, Local union 158• richard Dobie, Local union 158• Victor esparza, Local union 12• Michael Holcomb, Local union 302• pete Larramendy, Local union 12• Dennis Manown, Local union 66• randy norris, sAT• Brian prather, Local union 3• george staley, Local union 649• ira summerhill, Local union 66• scott Vieu, Local union 143• Jack white, Local union 673

iUOe instructors may refer to the HAZMAt Health and safety Community for instructors on Blackboard for more information on the OsHA safety and Health specialist Certificate and the OsHA Master trainer status. instructors may also contact the national HAZMAt Program at (304) 253-8674 or [email protected] with questions.

spring 2013 23

Health & Safety

sAYinG tHe nAtiOn’s basic job safety and health laws are outdated, enforcement lags due to lack of inspectors, fines are too small and its criminal penalties when a worker dies on the job are virtually non-existent, the AFl-CiO is calling for a massive overhaul and strengthening of federal job safety legislation.

in its annual Death on the Job report, released on May 6, a week after Workers Memorial day, the federation paints a bleak picture of job safety enforcement. it notes that prior improvements in job death, injury and illness statistics since the Occupational safety and Health Act was enacted in 1970 have stalled for the last three years.

in 2011, the most recent figures available, the report said, 4,693 workers died on the job, or 3.5 per 100,000 workers. The injury and illness rate also was unchanged for three years, at 3.5 per 100 workers.

“Workers in the United states need more safety and health protection, not less. Four decades after the passage of OsHA, there is much more work to be done,” the report declares.

“in 2013, it is unacceptable that so many hardworking men and women continue to die on the job,” said AFl-CiO President richard trumka. “no one should have to sacrifice his or her life or health and safety to earn a decent living.

“Yet, elected leaders, business groups and employers have failed to provide adequate health and safety protections. At the same time, too many politicians and business leaders are actively working to dismantle working people’s right to collectively bargain on the job and speak out against unsafe, unjust working conditions. This is a disgrace to all those who have died. America’s workers deserve better.”

in the report, the federation makes the case that “the Occupational

AFL-CIO: Job Safety And Health Law Outdated, Enforcement Lagging

safety and Health Act is now more than 40 years old and is out of date. Congress should pass the Protecting America’s Workers Act to extend the law’s coverage to workers currently excluded, strengthen civil and criminal penalties for violations, enhance anti-discrimination protections and strengthen the rights of workers, unions and victims.”

But the report also admits such reforms are unlikely, and it blames both political parties and business pressure. it notes the democratic Obama Administration has sat for more than two years on needed rules to protect workers against safety hazards, such as silica. And the GOP-run Congress is intent on cutting job safety funding.

Other key points in the report include:

• Workplace safety suffers from lack of inspectors. There is one job safety inspector for every 66,000 workplaces nationwide. At that rate, a workplace would get a visit from a federal inspector once every 131 years. states which run their own OsHA programs are better, but not

by much: One visit every 76 years.

• The most-dangerous state for workers is north dakota, where 12.4 workers died for every 100,000 in the labor force. next came Wyoming (11.6), Montana (11.2), Alaska (11.1) and Arkansas (8.0). The least-dangerous state was new Hampshire, again (1.2 per 100,000), followed by rhode island (1.5), Washington (1.9), Connecticut (2.2) and Massachusetts (2.2).

• The national death rate on the job was 3.5 deaths per 100,000 workers. And though the report did not say so, four of the worst five states in fatality rates – all but Alaska – are so-called “right to work” states with low unionization rates and, when unions exist, high numbers of “free riders”: who do not have to pay for union efforts at protecting workers on the job.

• OsHA’s fines are too small and don’t deter employers. if a worker dies on the job due to company negligence, action or inaction, the most the company can face is a misdemeanor, good for six months in jail for the responsible company officer. As a result, there have been only 84 prosecutions in worker death cases in 42 years.

“The average penalty for a serious violation of the law in FY 2012 was $2,156 for federal OsHA and $974 for the state plans. For FY 2012, the median initial total penalty in fatality cases investigated by federal OsHA, after settlement of $5,175.” The state median was even lower, $4,900.

[article] Press Associates Union News Service

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