The first 3 weeks of the 2003 Washington State Legislative Session has been pure defensive action, with the exception of one bright spot, the Prescription Drug bill. The Republican controlled Senate took the first hit on working families by introducing SB5161 that would repeal the adopted and approved ergonomics rules. Not only repeal them, but also prevent any thing that even remotely looks like them from being enacted in this state until action is taken by the Federal Government to institute rules of their nature. We don’t need to be reminded that repealing the OSHA ergonomic standards were among some of the first things that the Bush II Administration did. By Wednesday, February 5th, the Senate will have voted and by all predictions, that bill will pass.
So what do we do now? Write letters to your state representative. You have two of them. If getting a letter out in time won’t work, pick up the phone and call the Legislative Hotline at 800 562 6000, and leave messages for your representatives that you oppose this SB5161 and don’t want to see any repeal or changes made to our existing rules. In addition to your representatives, you need to leave the same message for House Speaker, Rep. Frank Chopp and for Gov. Gary Locke. We have to keep the pressure up until the end of session. This bill will not be dead until the final gavel is struck. Call our hotline, visit the local’s website as well as the WSLC's website for updates on this issue.
Ergo isn’t the only attack on working families. SB 5271 would limit the window of opportunity for folks to file claims for hearing loss. Most of us don’t realize that our hearing has been compromised from years on the job. L&I would like to limit your ability to seek partial disability payments (these help to pay for real hearing aids) to two years after exposure to harmful conditions. Your employer can limit their liability by giving a general notice that you have been exposed to hazardous noise, and you would only have two years from the time to seek and get help. We have signed in opposition to this bill. It will probably pass the Senate, again, call your Senator and tell them to vote no on this bill.
If things aren’t bad enough, L&I and the business community have introduced two bills (SB 5323 and 5378) that would re-calculate the time loss benefits and disability money when injured at work. They would give everyone 67% of their average wages based on the last 4 quarters. Benefits were paid on a sliding scale from 60% to 75% based on the size of your family. The more dependents relying upon your income, the greater the money. For the majority of folks this will be an increase in dollars. But don't get too excited over this. If you are on wage progression, or have transferred to a higher wage scale, you won’t be paid on 67% of your wages at the time of injury. Remember, a 4 quarter average, so your lower wages will impact the benefit you will receive. Also, under Cockle, employers had to include the cost of payments made to pension funds and health and wellness insurance. The department would like to limit the benefit payment to health and wellness only and cap it at $373 a month. If you look at your current pay stub, you’ll see that our health insurance costs over $700 a month for a family. Now, if you were off work long enough on workers’ comp, and they company decided to put you on a leave, without benefits, 67% of $373 would NOT pay your COBRA. If you can’t pay for insurance and don’t have seamless coverage, any problem that you have or had becomes a pre-existing condition, and any future insurance plan will not cover those illnesses or disabilities. Kids have chronic ear infections, you have high blood pressure or diabetes, maybe you are a cancer survivor. You have a gap in insurance, neither you nor your family will be covered for these problems. Again, contact your Senator on both of these bills. And be prepared to contact your Representatives for future action as needed.
There are attacks on the minimum wage, to tie it to the Federal scale. Also, they are trying to institute a minor and training wage that is 80% of the minimum. We as CWA members, believe in equal pay for equal work. Under this proposed legislation, if you are under 18 years old, working side by side with an adult at Target, for example, you would only receive $5.80 an hour. Now if you were the manager of the store, who would you hire, a student or an adult?
There are fewer and fewer jobs available in this area. Age discrimination has no place in this state. The training wage would allow employers to pay a new employee that $5.80 for 960 hours, or close to 6 months. If you are a displaced net-tech, and the only job you could find was a delivery truck driver, they could legally pay you $5.80 an hour, even though you know how to drive between jobs and keep on route and be timely. It’s just not fair.
On the national front, the Bush administration has stated publicly that Sec. Chao of the Department of Labor is going to revise the overtime regulations defined in the Fair Labor Standards Act. This act is the heart of all labor contracts. To change these definitions, puts all of our jobs at risk. Unfortunately, there is no room for Congressional action on this assault.
It is within the power of the Secretary to make whatever changes she sees fit. They will hold hearings, the question is whether or not they’ll listen to working folks. Also, there has been legislation introduced to re-define what is a serious health condition under the FMLA of 1993.
This has disastrous consequences for our members. Qwest often moves folks from short-term disability to FMLA when they don’t want to pay benefits any longer. The legislation would limit the qualifying illness/disability to the same standards that Qwest uses for an STD.
If you don’t qualify for STD, you won’t qualify for FMLA. And if you don’t qualify for FMLA and can’t come to work, you may not have a job. This is serious stuff. Again, look at the website for updates on this situation.
The legislative committee will begin database clean up and an aggressive voter registration program that we hope to complete within the next even months. Your help and cooperation is greatly appreciated as we prepare to make life better here through the ballot box.
Dennis Garrett
Local 7804 Vice President and Safety Officer
Regional MOSHC Representative.
253-640-1253
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