Job Tracker Sources for Cases Involving Violations of the National Labor Relations ActAll Job Tracker data related to employer violations of the National Labor Relations Act are from the Case Activity Tracking System (CATS) maintained by the federal National Labor Relations Board (NLRB). The AFL-CIO has filed Freedom of Information Act (FOIA) requests with the NLRB to gain access to the data used in Job Tracker, most of which are not otherwise publicly available. The NLRB maintains a website where some of the CATS data are searchable by case number and keyword. It is available here: http://www.nlrb.gov/research/decisions/alj_decisions.aspx The National Labor Relations Board home page is here: www.nlrb.gov/ The Human Rights Watch (HRW) website includes a brief summary of the legal framework of workers’ rights in the United States: www.hrw.org/reports/2000/uslabor/USLBR008-05.htmIn 2000, HRW published a report, Unfair Advantage, which documented the systematic abuse of workers’ right to organize unions by many U.S. corporations: www.hrw.org/reports/2000/uslabor/index.htm#TopOfPage The AFL-CIO website includes many resources on how to protect your rights on the job and how to organize a union in your workplace: www.aflcio.org/joinaunion/ American Rights at Work is dedicated to building a nation where the freedom of workers to organize unions and bargain collectively with employers is guaranteed and promoted. www.americanrightsatwork.org/ Job Tracker Health and Safety Sources All Job Tracker data related to health and safety were provided by the federal Occupational Safety and Health Administration (OSHA). Working America and the AFL-CIO obtained most of the data from OSHA using the FOIA. Other information, such as data related to injury rates for 2000-2002, was downloaded from http://www.thememoryhole.org/osha/lwdii.htm and is based on FOIA requests and lawsuits by The New York Times. The Job Tracker information on OSHA violations is from OSHA inspection data for cases closed between Jan. 1, 2000, and April 2005. Information is provided on the number of total violations cited by OSHA, the number of serious violations and total dollar amount of penalties assessed. A serious violation is one where “there is a substantial probability that death or serious physical harm could result” from the condition. Additional Information on OSHA Fatality and Catastrophic Incident Data The Job Tracker information on fatalities and catastrophic incidents is from OSHA inspections for cases closed between Jan. 1, 2000, and April 2005. OSHA’s fatality and catastrophe investigation procedures can be found here: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=3245 OSHA Definitions Used in Job Tracker - Fatality: An employee death resulting from a work-related incident or exposure; in general, from an accident or illness caused by or related to a workplace hazard.
- Catastrophe: The hospitalization of three or more employees resulting from a work-related incident or exposure; in general, from an accident or illness caused by a workplace hazard.
Additional Information on OSHA’s Injury and Illness Rate Data The injury and illness rate information is for workplaces surveyed in the OSHA Data Initiative (ODI). These are approximately 80,000 workplaces with 40 or more employees in designated industries with high rates of occupational injuries and illnesses with days away from work, restricted work activity or job transfer surveyed annually by OSHA. (Note: The ODI does not apply to the construction or maritime sectors, even though these are sectors with high injury rates. The list of industries covered by the 2005 ODI can be found at: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=3549#APPA). The injury and illness rate data presented in Job Tracker is the rate for cases involving “days away from work, restricted work or job transfer” (DART) rate. The data covers injury reports to OSHA for the years 2000–2005. Additional Information on OSHA’s Letter Warnings and Companies Identified in Job Tracker on "OSHA Watch" Each year OSHA identifies and sends letters to nearly 14,000 workplaces with the highest occupational injury and illness rates. These employers are identified from the employers' injury and illness reports submitted to OSHA under the Data Initiative. Note that the injury and illness rates utilized to identify employers on the warning list are the employers' reported rates for the year two years prior to the year the warning letter is sent, due to the time lag in obtaining employer injury and illness rate information. For example, the warning letters sent in 2007 were based on employer's reported injury and illness rate information for 2005. The letters urge employers to take action to remove hazards causing the high rates and to notify employers they may be targeted for inspection.The employers receiving letters are those whose establishments are identified by federal OSHA Data Initiative as reporting the highest “Days Away from work, Restricted work or job Transfer injury and illness” (DART) rate to OSHA. Job Tracker identifies companies who received warning letters from OSHA in the years 2000-2005. The link to OSHA’s description of the workplaces with high injury rates who receive letters about possible inspections (i.e., workplaces with the highest occupational injury and illness rates) is at: www.osha.gov/as/opa/foia/hot_13.htmlLists of companies that received warning letters from OSHA can be found at: www.osha.gov/as/opa/foia/current-foia.html and www.osha.gov/as/opa/foia/archive-foia.html Companies on “OSHA Watch” The companies identified in Job Tracker on “OSHA Watch” are those companies that were required to report their DART injury and illness rate to OSHA for at least one year between 2000-2005. Companies receiving warning letters from OSHA during the years 2000-2005 based on their high DART injury and illness rates are also identified. Additional Health and Safety Resources Files for the complete lists of employers reporting injury and illness rates to OSHA through the OSHA Data Initiative can be downloaded here (injury and illness rates are for the indicated year): 2005 > (MS Excel, 11.3 MB) 2004 > (MS Excel, 11.7 MB) 2003 > (MS Excel, 12.2 MB) 2002 > (MS Excel, 10 MB) 2001 > (MS Excel, 12.6 MB) 2000 > (MS Excel, 12 MB) This OSHA statistics and data website includes details on safety and health by OSHA activity number, company name and other variables: www.osha.gov/oshstats/index.html The AFL-CIO’s website includes many resources on health and safety on the job and how you can get involved in making workplaces safer: www.aflcio.org/issues/safety/ The AFL-CIO website includes a Safety and Health Toolbox to help you learn your safety and health rights on the job, how to file a complaint with OSHA and more. www.aflcio.org/issues/safety/tools/index.cfm In April, 2008, the AFL-CIO published its 17th annual Death on the Job report that provides a national state-by-state profile for worker safety and health in the United States. The summary report is available here: www.aflcio.org/issues/safety/memorial/upload/_02.pdf The full report is available here: www.aflcio.org/issues/safety/memorial/upload/doj_2008.pdf Job Tracker Job Exports SourcesThe following sources were consulted in order to determine whether companies are exporting U.S. jobs overseas or have experienced layoffs or job losses due to the impact of trade on their industries. Worker Adjustment and Retraining Notification (WARN) Notices Federal law requires employers to file a WARN notice with state officials 60 days in advance of a plant closing or mass layoff. Trade Adjustment Assistance (TAA) Certifications The TAA and the North American Free Trade Agreement-Transitional Adjustment Assistance (NAFTA-TAA) programs assist individuals who have become unemployed as a result of increased imports from, or shifts in production to, foreign countries. All NAFTA-TAA records cited are from 2001 or 2002 as the TAA and NAFTA-TAA programs were combined in 2003. U.S.–China Economic and Security Review Commission (USCC) Records USCC records are from a study that examines the nature and frequency of production shifts out of the United States between October 2000 and April 2001. Researchers from Cornell University and the University of Massachusetts at Amherst conducted the study, which was commissioned by the USCC/U.S. Trade Deficit Review Commission. CNN’s Exporting America List CNN compiled and updates a list of U.S. companies that are either sending American jobs overseas or choosing to employ low-paid workers abroad instead of America’s workers. The China Business Review The China Business Review provides information on foreign investment in China, exports to China and Chinese investment abroad. Annual Reports to Shareholders The Annual Report to Shareholders is the most commonly used source of company information. It provides financial as well as nonfinancial details that give an insight into the financial condition and management strategy of a company. U.S. Securities and Exchange Commission (SEC) 10-K Reports 10-K reports, which are filed annually by publicly traded companies with the SEC, are similar to the Annual Report to Shareholders but provide more detailed information about divisions and subdivisions of companies. Local and National Newspapers Local and national newspapers often provide reliable information as to whether a company exports U.S. jobs overseas or has experienced layoffs or job losses. HRLive (www.hrlive.com) HRLive is a website that tracks and compiles news articles of job losses and layoffs. The Washington Alliance of Technology Workers (WashTech) WashTech is an affiliate of the Communications Workers of America and maintains a valuable database of news articles that report on companies exporting jobs, the WashTech Offshore Tracker. Public Citizen’s Global Trade Watch Public Citizen maintains a Web-based resource center on issues related to job exporting. |