National Consumers League condemns legislation in Florida that preempts local ordinances to protect workers from heat exposure

/in , , , , , , , , , , , , /by

March 15, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – The National Consumers League is condemning a vote by the Florida House of Representatives to approve legislation that will upend Miami-Dade’s proposed local workplace standards requiring drinking water, cooling measures, recovery periods, posting or distributing materials informing workers how to protect themselves, and requiring first aid or emergency responses. The Florida Senate approved the measure yesterday.

This measure rushed through the state legislature ahead of adjournment on Friday, March 8th and will prevent local governments throughout Florida from requiring water, shade breaks or training so workers can protect themselves from heat illness, injury, and fatality.

Reid Maki, director of child labor advocacy for the Child Labor Coalition under the National Consumers League, made this statement:

“Not only is the Florida legislature usurping the duty of local government to protect workers from heat stress in one of the hottest states in America, but by denying workers access to water and protection this Dickensian measure ignores the reality of heat and heatstroke among Florida’s workers. Indeed, hundreds of workers die across the U.S. from heat exposure each year. The legislation also forbids the posting of educational materials to help workers protect themselves from the heat.

NCL has throughout its history worked to eradicate child labor and abusive labor practices, including protecting children in America working in the fields from exposure to heat, dangerous chemicals, and long hours. U.S. law allows children to work at younger ages in the agricultural sector despite its significantly increased danger. It also allows teens to do work known to be dangerous at younger ages—16 versus 18. NCL works to close both of those loopholes and protect children from agricultural dangers and exploitation. These vulnerable teen workers in agriculture are at great risk from heat exposure.

NCL is urging Governor Ron DeSantis to veto this legislation. NCL also urges the United States Congress to enact the Asuncíon Valdivia Heat Illness, Injury and Fatality Prevention Act, which would direct the Occupational Safety and Health Administration to adopt interim heat standards, while the agency continues its years-long slog of adopting a final heat protection rule. NCL is a member of the national Heat Stress Network, which works to protect outdoor works from heat dangers.

###

About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

DC Attorney General files consumer protection lawsuit against football team and its owners

/in , , , , /by

November 9, 2022

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, (202) 207-2832

Washington D.C.— District of Columbia Attorney General Karl Racine announced today that he has filed a consumer protection lawsuit against the Washington Commanders, their owner Daniel Snyder, the National Football League (NFL), and NFL Commissioner Roger Goodell for allegedly colluding to deceive DC residents about an NFL investigation into the team’s toxic workplace culture, which includes sexual harassment.

The National Consumers League is pleased that DC Attorney General Karl Racine can use the District of Columbia Consumer Protection Procedures Act (DC CPPA) to address broad ranging issues of public concern with respect to this lawsuit. NCL had a hand in the drafting and passage of this important consumer protection legislation, which was originally introduced by DC Councilmember Mary Cheh and adopted into law in 2012 and further strengthened with later amendments.

“We think that Attorney General Racine’s application of this consumer protection statute underscores the importance of broadly protective statutes that address fraud and deception,” says NCL Executive Director Sally Greenberg.

###

About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit https://nclnet.org.

NCL welcomes minimum wage for tipped workers in the District of Columbia

/in , , , /by

November 9, 2022

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, (202) 207-2832

Washington D.C.— The National Consumers League welcomes the decision by the voters of the District of Columbia to support Initiative 82, lifting tipped workers from the subminimum wage to a full minimum wage and to be phased in over the next five years. NCL’s founders, who wrote the first minimum wage laws in the United States at the turn of the 20th Century, is part of the One Fair Wage (OFW) movement headed by visionary Saru Jayaraman. OFW aims to do away with the subminimum tipped wage across America. That subminimum wage is a relic of post-slavery emancipation in the U.S. when African Americans were expected to work for free and get a tip if they were lucky.

Four years ago, residents of the District overwhelmingly voted to support Initiative 77 to get rid of the $5.05 tipped wage and move to the full DC-mandated minimum wage for all tipped workers. Unfortunately, in 2018, the DC Council voted 8-5 to overturn the will of the people and the law never went into effect. However, One Fair Wage and Initiative 82 backers were able to get the measure on the ballot again in 2022, and once again, the measure won by overwhelming margins. This time, DC Council members have pledged to let the ballot measure become law.

Currently, the tipped wage is $5.35. Initiative 82 affects all in DC who rely on tips to bring them up to the minimum wage, which will be $16.10 by 2027 and will apply to restaurant servers, bartenders, nail salons workers, and parking lot attendants.

Employers are required by current law to ensure that if tips don’t bring workers up to the minimum wage, they must make up the difference. Unfortunately, more often than not this doesn’t happen. As DC Councilmember Mary Cheh has noted, the current law “is an invitation to cheat.”

The statement below is attributable to Sally Greenberg, Executive Director of the National Consumers League:

“NCL is deeply appreciative that the voters of the District have once again decided that all workers in DC are entitled to earn the same minimum wage. We hail the overwhelming popularity of Initiative 82 among DC residents and applaud the work of One Fair Wage and the organizers of Initiative 82 in getting this measure on the ballot. This is a big win for workers.

“As a former waitress, I can attest that relying on customers to tip you so that you make minimum wage is unsustainable. Many customers tip minimally, some don’t tip at all, and employers frequently don’t make up the difference. As a result, tipped workers – many of whom are women and people of color – end up with poverty wages; are subject to some of the highest rates of sexual harassment; and are unable to feed their families under the current system.

“Initiative 82 is long overdue. We need to say goodbye to the tipped wage and give all workers in the District the respect they deserve and that includes the right to earn the same minimum wage as all other workers.

“NCL looks forward to working with the DC Government and the  Attorney General’s office to see this measure implemented across the District in the coming months.”

###

About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit https://nclnet.org.

NCL, injury victims call on CPSC to mandate new national safety performance standard for table saws – National Consumers League

/in , , /by

May 25, 2011

Contact: NCL Communications, (202) 835-3323, media@nclnet.org

Washington, DC — The National Consumers League and victims of brutal table saw injuries today called on the Consumer Product Safety Commission (CPSC) to take immediate, decisive steps to set a new, more protective national safety performance standard for table saws.

The move comes as a new CPSC report documents the number of annual table saw injuries is up by 10,000 a year since 2001[1]. Meanwhile, a petition asking CPSC to set a national safety performance standard has been languishing at the Commission since 2003[2].

“Table saws present an unacceptable risk of severe injury,” said NCL Executive Director Sally Greenberg. “Each year, tens of thousands of people are brutally injured by table saws – including 4,000 amputations – at a cost of more than $2 billion a year to treat victims. This is a major public health and safety issue that cries out for a public policy response.”

Several victims of life-altering injuries and amputations joined NCL in issuing the call to action on CPSC, saying government has a responsibility to mandate that new, safer technologies be used on table saws. To learn more about these victims, the impact of their injuries on their livelihoods and families, and view photos of their injuries, visit www.nclnet.org

Table saws are inherently dangerous and most table saws on the market lack an adequate safety system to protect consumers from accidental contact with the blade, said Greenberg. “The vast majority of table saw manufacturers haven’t changed their technology in 50 years, despite the 40,000 injuries each year. Current safety technology basically consists of plastic guards, which are usually removed because they make it difficult to use the saws effectively.” In a 2006 report, CPSC staff said the current table saw safety standard does not adequately address blade contact hazard[3].

“Safer-saw technology is available on the market today,” said Greenberg. “Made by a company called SawStop, this technology stops the saw from operating in milliseconds if the blade comes into contact with human flesh by sensing an electrical impulse, preventing serious accidents and often resulting in the user getting nothing more than a nick.

“If a start-up company like SawStop can do it, why can’t well-heeled top manufacturers such as Craftsman, Black & Decker, Ryobi and Dewalt adopt or develop new technologies to prevent grave injuries and amputations from table saws? According to the CPSC, the SawStop technology would increase the cost of table saws by about $100 per saw — a small price to pay to save a finger.”

This cost stands in stark contrast to the cost of injuries for a victim of a table saw accident. A group of doctors led by hand surgeon Dr. Alexander Shin at the Mayo Clinic conducted a study in 2009 of 134 patients who suffered table saw injuries. They found the mean cost of medical expenses for all patients was $30,754 per injury, including lost wages[4]. The state of Utah thought it was so important for teenagers in woodworking classes to use safer technology saws that it purchased the safer SawStop saws for all public schools.

“We are urging CPSC to begin the process to set a national safety standard for table saws,” said Greenberg. “The standard should require industry to adopt current technology or develop new technology to prevent grave injuries and amputations from table saws.”

A petition asking CPSC to set a performance standard has been stalled since 2003. A 2006 CPSC staff report to the Commission in response to the petition shows a positive cost-benefit analysis to setting a national performance standard for table saws, and recommends granting the petition and proceeding with a rulemaking process that could result in a mandatory safety standard for table saws to reduce the risk of blade contact injury[5]. CPSC voted in 2006 to start the regulatory process, but no action was ever taken. In early 2011, manufacturers of safer saw technologies were invited to present their positions at a CPSC public meeting, but no additional action has been taken.

“Each day we wait for CPSC to act, 10 new amputations occur,” said Greenberg. “We’re throwing away 4,000 fingers each year when safer-saw technology exists. The time for action is now.”

# # #

About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

[1] www.cpsc.gov/LIBRARY/FOIA/FOIA11/os/statsaws.pdf

[2] www.cpsc.gov/library/foia/foia03/petition/Bladesawpt1.pdf ; www.cpsc.gov/LIBRARY/FOIA/FOIA03/petition/Bladesawpt2.pdf

[3] www.cpsc.gov/LIBRARY/FOIA/FOIA06/brief/tablesaw.pdf

[4] www.jhandsurg.org/article/S0363-5023(09)00111-7/abstract

[5] www.cpsc.gov/LIBRARY/FOIA/FOIA06/brief/tablesaw.pdf