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With Few Workplace Safety Protections, Latino Worker Deaths Are Surging - In These Times

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A burst of shouts cascades as three men plunge downward. Other workers reach for them as the scaffold plummets.

But no one can grab hold of them.

Thinking he can still save them, a middle-aged construction worker scampers to aid the three men, one a long-time friend, he had helped get hired on the site. 

I saw everything,” he says and then repeats himself. I saw everything. In a video you can see me removing planks from them because I thought they were alive, but they were dead.”

Jose Canaca, 26, Gilberto Monico Fernández, 54, and Jesus Chuy” Olivares, 43, had been putting up an outer brick wall for a 17-story apartment building in a popular neighborhood in Charlotte, N.C., when they fell from the 10th floor. They hit a patio rooftop on the fourth floor — a 70-foot drop. 

Months after the fatal construction accident in January 2023, the tragedy haunts him. He quit the risky construction work he’d done for about 15 years and has been taking lower-paying jobs.

I don’t wish this on anyone, what happened there,” says Diego Sanchez, the construction worker who tried to rescue the three men. Sanchez, who came to the United States from Honduras, asked to use a pseudonym because he fears retaliation from immigration authorities. 

The deaths of Canaca, Fernández and Olivares added to the increasing numbers of Latino workers killed on the job, a death count that has grown steadily year after year. Latino workers today have the highest workplace fatality rate: The number of on-the-job deaths has declined over time for white people, and slightly increased for Black people over the past few years, but fatalities for Latino workers continue to rise sharply.

While workplace safety is an issue that affects everyone, a disproportionate share of those who will be mourned this Workers Memorial Day — observed on April 28 to honor people injured or killed on the job — were Latino. 

There were 1,248 Latino workers killed on the job in 2022, reflecting a 57% increase over the previous decade, according to the U.S. Bureau of Labor Statistics.

About two-thirds of those Latino workers killed on the job in 2022 were undocumented, and as the fatalities continue to rise, many are trying to understand what drives this death spiral. 

Latino workers predominate in low-wage, risky jobs: in construction, meat processing, landscaping, farmwork and warehousing. They can die in many different ways, including collapsed ditches, falling off roofs, ladders and scaffolds, and because of machines that catch and mangle their bodies. Excessive heat can be overwhelming, especially as water and rest breaks on construction sites or farm fields are often policed or prohibited.

After investigating the scaffold collapse, the North Carolina Department of Labor’s Occupational Safety and Health Division fined two companies involved. 

Friends Masonry Construction was fined for failing to inspect the equipment before the work, for not repairing or replacing damaged equipment and using equipment that was heavily rusted and deteriorated. The company was initially fined $43,506, but that was reduced to $29,004 (for an unspecified reason in the report).

Felipe Estrada Calzada, a company official, declined to discuss the incident.

Workers on a Miami Beach, Fla., construction site upgrading underground utilities infrastructure Photo by Jeffrey Greenberg/Universal Images Group via Getty Images

Old North State Masonry was fined for not inspecting the equipment, failing to re-test older equipment and relying on a scaffold that was incapable of bearing sufficient weight. It was fined $87,012. They did not respond to requests for comment.

When we come to this country, we want to make money, so we get into sketchy situations,” says Sanchez, who worked for about 15 years in the South since coming to the United States. He has worked at places where they asked for papers and where they didn’t. And that has meant taking jobs where he can slip by. When we try to work with [white] Americans, there, they ask for a good Social Security card, and if we don’t have one, we die of hunger,” he says.

So, too, some are teens working in dangerous jobs, like Duvan Tomas Perez, a 16-year-old from a rural Guatemalan village, who died last July, while working on the regular cleaning crew in a Mar-Jac Poultry plant in Hattiesburg, Miss. U.S. law bars youths under 18 years old from working in hazardous workplaces. 

The teen was reportedly using the Social Security information of 32-year-old. Attorney Jim Reeves of Biloxi, Miss., who has filed a lawsuit against Mar-Jac and Ōnin Staffing on behalf of the youth’s family, finds it hard to believe that the company accepted the fraudulent information. My client looked like a 12-year-old,” he says.

Mar-Jac officials did not respond to requests for comment, but the company issued a statement in July 2023, explaining that it uses staffing companies” to hire workers due to an unprecedentedly tight labor market” and relies on them to verify that their hiring is legal.

Adding that the boy’s age and identity were misrepresented on the paperwork,” the company explained in a statement that we are devastated at the loss of life and deeply regret that an underage individual was hired without our knowledge.”

Ōnin Staffing did not respond to requests for comment.

Workers pack bacon in a Chicago meatpacking plant in 1919. Photo by Corbis via Getty Images

Pointing out that the latest incident was their second involvement with the Mississippi plant in recent years, OSHA officials in January fined Mar-Jac Poultry $212,646, and cited 14 serious safety violations at the Hattiesburg facility. It also pointed to a 2021 incident at the plant when a worker was killed in an accident and the company was fined. It was the same violation in each of these cases,” says Reeves.

The company has had other worker safety and hiring problems with the government.

A couple were convicted by a federal jury in Alabama in 2021 for illegally transporting undocumented migrants, including minors, to a Mar-Jac facility in Alabama. And in 2009, the company was fined $380,000 for not having certain safety procedures or performing compliance audits for several years at a plant in Gainesville, Ga.

The death of Perez, the teen who died while working for Mar-Jac, reflects a larger problem.

As a New York Times investigation in February 2023 showed, many migrant youths are snarled in such life-threatening jobs. At about the same time, the U.S. Department of Labor said it was concerned about an increase in child labor and pointed to unaccompanied migrant youths from Latin America. In July 2023, the agency followed up, saying it had concluded 765 child labor cases involving 4,474 children.

At the peak of the Covid crisis three years ago, the United Food and Commercial Workers union complained that thousands of meatpacking workers, most of whom were Latino, were falling sick at facilities because they lacked protections against the virus.

From his previous work with day laborers in Charlotte, Isael Mejia, an Iron Workers union organizer in Charlotte, N.C., recalls workers describing their job safety as a cruel joke.

You are getting picked up at a Home Depot. You have no experience in roofing, and then you fall and then what’s the easiest thing [for whoever hired you] to do, is to leave you there,” he says.

Only one-fourth of the injuries suffered by Latinos working on small construction jobs are regularly reported, according to a 2011 study based on long-term statistics.

Finding solutions is made difficult by the fact that government figures apparently do not capture all the workplace dangers Latino workers face. Only one-fourth of the injuries suffered by Latinos working on small construction jobs are regularly reported, according to a 2011 study based on long-term statistics.

Much of the surge in deaths and injuries for Latino workers’ has taken place in the construction industry. More than 34% of construction workers were Hispanic in 2022, up from 9% in 1995

Hispanics are now more than one-third of the construction workforce and an even bigger share of workers in high-risk trades like roofers and laborers,” says Chris Trahan Cain, director of the Center for Construction Research and Training (CPWR). Latino workers are more likely to work for small companies which have higher fatality rates, he adds.

The CPWR is a Washington D.C.-area nonprofit that focuses on ways to reduce workplace injuries and fatalities. There were more deaths in construction in 2022 than in any other industry, emphasizing the importance of such work.

Deaths among Latino construction workers jumped from 222 in 2012 to 408 in 2022, accounting for more than 32% of all workplace deaths among Latino people in the nation.

In 2017, the fatality rate for Latino construction workers who died in falls was 50% higher than for others. 

Just as Latino workers disproportionately die on construction jobs, they suffer from high injury rates. 

The fatality rate for Latino construction workers was 41.6% higher than others in 2020, and the fatality rate for Latino construction workers increased 46.5% from 2018 to 2020 (8.6 to 12.6), while the rate decreased 6.3% for non-Hispanic workers. 

Driving these numbers, say safety experts, researchers and the workers themselves, are a slew of forces.

Overall, Latino workers tend to be younger and less experienced, lack training in the job, earn lower wages and work for small outfits, researchers say. They often take jobs in sectors that others avoid. For example, Latino workers make up 55.5% of the nation’s roofers, which had the highest fatality rate in the construction industry in 2020. And in 2022, 54% of roofers’ deaths were Latino. 

Texas is one of the most lethal states for Latino workers and recorded 269 deaths in 2022, up from 211 in 2016. Latino people make up 40% of the state’s population, but they accounted for 47% of workers killed on the job in 2022.

These facts should not be surprising since Latino workers have long suffered on-the-job setbacks in Texas, according to news reports, experts and worker advocacy groups.

Texas does not require private employers to have workers’ compensation insurance, and many Latino workers lack health insurance, worker advocates say. So, too, conservative-led politics in Texas have resulted in legislative efforts that often flaunt worker safety issues.

And the latest example of ignoring pleas to protect workers is Gov. Greg Abbott’s signing of H.B. 2127 last June barring communities from setting their own heat regulations, an effort that included wiping out water breaks for construction workers in Dallas and Austin.

Mexican laborers harvest yellow onions in Rio Grande City, Texas. Photo by Robert Nickelsberg/Getty Images

Tagged as the Death Star” law by unions, human rights and worker advocacy groups, the bill is currently snarled in a challenge by the state in the Texas courts. Meanwhile, the law has been implemented.

The Death Star law is the largest transfer of power away from working people and into the hands of a few extreme state lawmakers,” said an official from the Texas AFL-CIO in August. Unions account for 4.5% of Texas’ workers.

Gov. Abbott’s office did not reply to requests for comments. But insight on the law’s support comes from the Texas Public Policy Foundation, a politically influential conservative group that strongly promoted its passage.

The fight over HB 2127 isn’t about water breaks, no matter what the media says. It’s about progressive power and preventing the California-zation of Texas’ local governments,” wrote a staff writer for the foundation in July 2023.

It comes as no surprise that the state of Texas continues to be the most dangerous for workers and that Latinos are especially vulnerable to unsafe work environments in hard labor industries such as construction,” says Christine Bolaños, an official with the Worker Defense Project. Her organization is a leading voice for low-wage immigrant workers in Texas.

From heat-related deaths to serious negligence that can lead to equipment malfunctioning and on-the-job accidents and to wage theft and workplace discrimination,” she adds, Latinos have much stacked against them including language barriers, sometimes a lack of proper legal documentation and a familial obligation to continue working in harsh conditions to keep food on the table and a roof over their head.”

Antonia Catalan, a member of The Farmworker Association of Florida Homestead Office, attends a press conference and vigil in Homestead, Florida, on July 19, 2023, in honor of farm worker Efrain Lopez Garcia, 30, who died from heat complications on July 6, 2023. Photo by GIORGIO VIERA/AFP via Getty Images

Protecting Latino workers has been a major goal for the New York Committee for Occupational Safety and Health, an organization of workers, unions, workers advocates and health-and-safety professionals.

But one of the obstacles to saving Latino workers’ lives, says its executive director, Charlene Obernauer, is that workers do not know their rights. Or they’re warned by employers who tell them, If you say anything we are going to call ICE [Immigration and Customs Enforcement],’ she explains.

A major boost for undocumented workers came when the Biden Administration announced in 2023 a process aimed at protecting noncitizen workers who report labor violations from immigration-based retaliation. The effort is called deferred action for labor enforcement because it allows workers to delay deportation and obtain work permits to assert their legal rights.

By and large, workers are not being informed” that this process exists though, says Obernauer.

After the scaffold collapse in Charlotte, labor and human rights groups scrambled to help the families impacted understand their legal options. 

Carol Brooke, an attorney with the North Carolina Justice Center says many workers would not discuss the accident, fearful that their undocumented status would come up, triggering actions against them by immigration officials.

Mejia, the Iron Workers union organizer, says he knows very well the dangers Latino workers face because of his union work, experience helping day laborers in Charlotte and ties to the Latino community.

And often exploitation defines the world that Latino workers tell him about. 

It is a world, he says, where you work tired or injured because you need money, where you often don’t get paid or don’t speak up because you fear the boss will alert immigration officials and where you not only don’t have safety training or supplies, but your bosses don’t seem to care about your safety.

It’s a world, he adds, where some doubt that they will survive.

I talk to so many people, who don’t see a future,” he says. They are like, I’d be lucky if I see another year.’”

Abel Uribe contributed to this article.

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Updated federal workplace guidelines protect employee gender identity - The Washington Post

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Employers who repeatedly misgender their employees or deny them access to a bathroom consistent with their gender identity are committing workplace harassment under federal anti-discrimination laws, according to a new guidance released Monday by the Equal Employment Opportunity Commission.

The changes released Monday mark the first update to the guidelines in 25 years by the federal agency. They are based on legal standards protecting employees from harassment under a protected characteristic: race, religion, color, national origin, disability, age, genetic information and sex. That last category includes pregnancy, sexual orientation and gender identity.

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'No doubt' Netanyahu preventing hostage deal, charges ex-spokesman of Families Forum | The Times of Israel

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On the morning of Saturday, October 7, Haim Rubinstein heard the sirens go off at his home in Tel Aviv. He turned the television on and saw Hamas terrorists getting off a white pickup truck in Sderot and then watched social media footage of Israelis being kidnapped to the Gaza Strip.

Rubinstein understood instantly that these events were unprecedented, and that immediate action was needed.

He saw the first hostages being dragged away on foot, in pickup trucks and on motorcycles — including Noa Argamani, who was kidnapped from the Supernova music festival near Kibbutz Re’im aboard a motorcycle while crying for help, with her boyfriend Avinatan Or led away on foot by terrorists.

Rubinstein, 35 — an experienced media adviser who had previously served as spokesman for former Yesh Atid MK Ofer Shelah and as a member of the party’s media team in four election campaigns — told his partner Roni: “I can no longer sit around.”

“The first thing I did was pick up the phone a few minutes after 8 a.m. and tell my clients that I had decided to take time off to help the hostages’ families,” Rubinstein told Zman Yisrael, The Times of Israel’s Hebrew-language sister site, in an interview this week.

On the same day that Hamas-led terrorists killed some 1,200 people in Israel and took 253 people hostage into Gaza, Rubinstein and his partner began collecting names of hostages who were identified in news reports and on social media. By the end of that bloody Saturday, he had already gathered 70 names.

Haim Rubinstein (Courtesy)

On Sunday, Rubinstein began meeting with relatives of the abductees. One of those he met was Moshe Or, Avinatan Or’s brother.

“Moshe told me something that still echoes in my ears, to this day,” Rubinstein recalls. “He told me, ‘We don’t need anything. They’ll be back within two days.’ I said I didn’t believe that would be the case.”

By the end of that day, Rubinstein had an initial list of some 250 hostages and missing people, and he put together a list of their relatives so that he could stay in touch with them.

Within days, this private initiative expanded to what became known as the Hostages and Missing Families Forum. Rubinstein assumed the role of the Forum’s spokesperson.

“In the first meeting with the family members, some of them were in shock and had a hard time stomaching the fact that their kids had been kidnapped,” Rubinstein recalls. “I promised to get them anything they needed from an organizational perspective so that they could focus on the fight to get their children released quickly.

Composite of hostages held in Gaza by Hamas after the invasion of 3,000 terrorists into Israel on October 7, 2023, in which 1,200 people were slaughtered and some 250 taken captive. (Courtesy the Kidnapped From Israel campaign website/ Dede Bandaid, Nitzan Mintz & Tal Huber. Designed by Shira Gershoni & Yotam Kellner)

“People asked me all sorts of questions. For instance, one of the parents showed me a Hamas-issued video showing one of the hostages, but it was blurry and they had a hard time determining whether it was their daughter, so they wanted a professional to clean up the picture.”

Rubinstein resigned last month as the Forum’s spokesman. This is the first time since that he’s agreed to share his almost six-month-long experience – and to explain why he felt he had to leave the Forum that he had co-founded.

The following interview has been translated and edited from Hebrew.

Did the families whose sons and daughters were taken hostage while serving in the IDF get updates from the army?

“In the first few days, these families didn’t know who to turn to. The IDF was unprepared, and some families didn’t get information from a government-authorized party for two weeks.

“We started to independently collect information about each hostage and set up a website.”

Noa Argamani is seen being kidnapped by Hamas terrorists during the massacre at the Supernova desert rave in the south on October 7, 2023. (Screenshot used in accordance with clause 27a of the copyright law)

Did you work with Gal Hirsch or with the Prime Minister’s Office? (On October 8, Prime Minister Benjamin Netanyahu appointed Hirsch to act as the coordinator between the families and the government. Rubinstein contends that, at the time, Hirsch’s team didn’t have comprehensive information regarding the number of hostages.)

“Gal Hirsch only began functioning after two or three weeks. Until then, there was no one to talk to. I don’t know what his contribution was. As far as I can tell, he just held the microphone in meetings with the families. He told them they shouldn’t hold protests [to push for their loved ones’ release].

“You need to understand that Netanyahu set up Hirsch’s team because the Prime Minister’s Office didn’t want there to be an external body criticizing the government for its conduct surrounding the hostages.”

Who did you meet with to advance the hostages’ return?

“The first official we met was President Isaac Herzog. It was on October 10. At the time, the reported death toll from the attack was only 400. We asked him to use his influence so that there would be someone in the government taking care of the families.”

Gal Hirsch, the government’s point man on missing and kidnapped citizens, left, speaks to a relative of a captive Israeli ahead of a meeting with families of Israelis held hostage by Hamas terrorists in Gaza and Israelis who were released from Hamas captivity in Herzliya, December 5, 2023. (Avshalom Sassoni/Flash90)

When did the prime minister meet the hostages’ families for the first time?

“On October 15. Until then, there had been no meeting with him or anyone on his behalf.”

Did you feel like the government was ignoring you?

“Absolutely. No representative of the government or the IDF had updated the families of the hostages that the IDF was beginning its ground offensive in the Gaza Strip. We couldn’t understand how it could be that the families weren’t getting updated on the ramifications this could have for them.”

How did you deal with this?

“On that day, October 26, I called on the families to come to Hostages Square in Tel Aviv. At the assembly, we announced that the prime minister and the defense minister must meet the families, but there was no response to that from Netanyahu’s or Yoav Gallant’s offices.

“So we said that if we didn’t get an immediate response, the families would camp outside the Kirya IDF headquarters in Tel Aviv.

“After that, Gallant promised in a statement to meet the families the next day. We told him we weren’t willing to wait. That evening, Netanyahu’s office announced that he would meet the families’ representatives.”

Prime Minister Benjamin Netanyahu meets with family members of hostages held by Hamas, in Jerusalem, January 22, 2024. (PMO Spokesperson)

What was the atmosphere like?

“We left the meeting very disappointed because Netanyahu talked about dismantling Hamas as the goal of the war. He didn’t promise anything regarding the demand to return the hostages. He merely said a military operation in Gaza was needed to serve as leverage for the hostages’ release.

“We later found out that Hamas had offered on October 9 or 10 to release all the civilian hostages in exchange for the IDF not entering the Strip, but the government rejected the offer.”

Did Benny Gantz and Gadi Eisenkot support your effort or were they not active on that front? (Five days after the war began, the centrist opposition National Unity party joined the emergency government, with its leader Gantz getting a spot on the three-member war cabinet and MK Eisenkot becoming an observer in the key decision-making panel. Both Gantz and Eisenkot are former IDF chiefs of staff.)

“We worked with them all the time. Any time we wanted to meet with them, they agreed. They pressured Netanyahu to make a deal, but Netanyahu sidelined them. The families are still asking Gantz not to leave the government” — as many government critics have increasingly been urging them to do.”

How come the first hostage deal was relatively quick (53 days since the war began), but the second deal has been pushed off for over 200 days? (Rubinstein said he has “no doubt” that a protest march to Jerusalem that he organized brought about the November deal in which over 100 women and children were released in exchange for a week-long truce and Israel freeing female and underage Palestinian security prisoners.)

“The main reason is the prime minister’s refusal. On the one hand, Netanyahu has told the families that the price” — likely the release of countless Palestinian terror convicts — “isn’t a factor. On the other hand, he’s holding onto all sorts of security excuses to prevent a deal.”

File: Far-right leaders Itamar Ben Gvir and Bezalel Smotrich at the Knesset on December 29, 2022. (Yonatan Sindel/Flash90)

How do you explain Netanyahu’s ostensible lack of effort to bring the hostages home?

“The main reason is conflict of interest. He knows that the moment the hostages are released, Bezalel Smotrich and Itamar Ben Gvir will leave the government because they’ll think the price was too high.” (Finance Minister Smotrich, leader of the Religious Zionism party, and National Security Minister Ben Gvir, head of the Otzma Yehudit party, are far-right leaders essential to Netanyahu’s coalition and have been pushing for stronger military action in Gaza.)

“There is no doubt that Netanyahu is preventing a deal. Netanyahu knows that if he goes to elections at this time he won’t be able to form a new government, and he is motivated by cold political considerations.”

Do you agree with those arguing that every day that passes reduces the chances of the hostages coming home?

“Unfortunately, it’s worse than that. Time is not running out — time has already run out. Many hostages, even those who will come back alive, will need very complex rehabilitation because they’ve been in captivity and under very complex conditions for many months.”

Why did you resign as the families’ spokesman, a role you defined as the project of your lifetime?

“After five months of 24/7 work for the families, my own family needed me. There were also other reasons, such as the Prime Minister’s Office’s meddling in the Hostages and Missing Families Forum, in an attempt to divide [the families].”

(Some families have started to openly call on Netanyahu and his government to resign, while other families reject those messages. Rubinstein rejected claims leveled against him of “politicizing” the hostage families’ cause: “The opposite is true: Netanyahu’s people were the only ones making it political.”)

A protester holds a sign reading ‘Netanyahu’s survival or the survival of the hostages’ at a Tel Aviv protest calling for early elections and the release of the hostages from Gaza, April 6, 2024. (Lior Segev/Pro-Democracy Protest Movement)

Is it correct that there have also been threats against you?

“That’s right. There were threats to tarnish my name, but this isn’t the time to talk about it. At this time, the only focus should be on returning the 133 hostages who are rotting away in Hamas’s tunnels.”

In response to Rubinstein’s claims, the Prime Minister’s Office stated that “the prime minister, together with the security and diplomatic leadership, are working around the clock and doing everything possible to bring the hostages home.”

Gal Hirsch’s office commented: “Hirsch was appointed by the prime minister the day after the war broke out. The apparatus he set up began working in the first week of the war and has steadily continued to build and improve from day to day.

“The hostages apparatus is continuously acting in coordination with all security bodies, government ministries and international officials, and this action shall continue in order to return the hostages and help their families in their darkest hour.”

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