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Don't forget the WSLC's 2003 Legislative Conference on Friday, Feb. 28.

Washington State Labor Council, AFL-CIO
a weekly report on the 2003 session  (Previous editions)

FRIDAY, FEBRUARY 21  (download/print PDF version of this newsletter)
Workplace safety in jeopardy

Earlier this week, we reported the shameful Senate passage of SB 5161, the ergonomics repeal bill, and the first of several bills aiming to deny injured workers the benefits to which they are entitled. Both are part of Corporate Washington's "competitiveness" agenda that continues to permeate Olympia this session.

But now comes word of additional legal and initiative threats to worker safety from business lobbying groups:

An effort to give the Department of Labor and Industries the necessary teeth to enforce wage-and-hour laws has exposed a looming legal issue that poses a dire threat to our state's working families. It involves a case that some observers believe could, among other things, end the state's ability to enforce state workforce safety laws.

SB 5503 would allow L&I to level civil penalties against employers who violate wage-and-hour laws. Every year, more than $10 million in unpaid wages are reported. L&I is able to collect about half that amount simply by notifying employers it has investigated the claim and it may have to take action. The rest goes uncollected because employers ignore the agency. In those cases, because it can't impose civil penalties, L&I can only ask county prosecutors—who have jammed caseloads and higher priorities—to pursue charges.

This week, a Washington State Farm Bureau lobbyist testified they would like to support SB 5503, but they need a few changes. For one, they need L&I to cease-and-desist all warrantless inspections of farms unless the grower consents. If the grower refuses, said the Farm Bureau representative, L&I could get a warrant "in two seconds flat."

What he didn't say is that the Farm Bureau filed suit in January claiming L&I has no authority to do warrantless inspections, nor do they have authority to get a warrant. There is already a State Superior Court decision saying no specific legislative authority exists giving L&I the right to get a warrant. So if their suit succeeds, no wage-and-hour or safety inspections would be allowed unless the employer consents.

But wait—under federal law, state workplace safety laws must be as least as effective as OSHA. Without the authority to conduct inspections, our state's hands would be tied in protecting workers in the agricultural industry.

Meanwhile, the Building Industry Association of Washington, in their effort to become the Tim Eymans of the business community, have hedged their bet on the ergonomics repeal bill by filing Initiative 841 to repeal the safety rule.

With last year's successful effort to kill unemployment insurance reform that was more than a decade in the making, the BIAW demonstrated its financial wherewithal to buy some ballot space and its marketing prowess in spinning the issue as Boeing vs. all small businesses.

So what do the BIAW and Farm Bureau attacks on workplace safety standards have in common (besides that they've both escaped the attention of the commercial media so far)? Those two organizations have two of the biggest Retro programs in the state—cash cows generating millions of dollars in organizational revenue to help fund their campaigns against workers. Retrospective Reform Programs are designed to promote workplace safety by refunding a portion of workers' compensation premiums to employers with exemplary safety records. The BIAW and Farm Bureau help member businesses successfully apply for retro rebates and for their trouble they take a significant cut from the rebate checks before forwarding them to employers.

As documented in a 1998 Public Disclosure Commission ruling, the BIAW collects millions annually from its Retro program and funnels hundreds of thousands of dollars of it directly into political efforts. And anybody familiar with BIAW political efforts recognizes them as among the most aggressive right-wing anti-government campaigns around.

Two rhetorical questions: Does anyone care that a state workplace safety program is being exploited by Big Business to finance devastating attacks on workplace safety? Would anyone care if Big Labor were financing political campaigns through a state program to promote business investment?

Why are taxpayers subsidizing Wal-Mart?

On Thursday, the House Commerce and Labor Committee heard HB 1830, which would require large employers to reimburse the state for Basic Health Plan coverage of their employees. Rep. Steve Conway (D-Tacoma), the committee's chairman, pointed out that Wal-Mart—the largest company in the world as measured by annual revenue—has more than 300 employees on Washington's BHP.

What ensued was a serious discussion of why taxpayers are subsidizing profitable but low-wage companies like Wal-Mart, creating a competitive disadvantage for responsible employers that provide employee medical coverage. Wal-Mart spokespeople have admitted that their "associates" tend to get their health care coverage from "a spouse or state and federal programs." That means the spouse's employer or taxpayers are footing the bill for Wal-Mart.

This bill deserves serious consideration by both the House and the business-minded Senate, especially in the light of the dramatic proposed cuts in BHP enrollment.

No Senate action yet on prescription drugs

Organized labor is concerned that a bill addressing the skyrocketing cost of prescription drugs has yet to move in the Senate. On a strong 64-33 bipartisan vote weeks ago, the House passed HB 1214 establishing a consortium for state drug purchasing that will save state taxpayers millions by buying in bulk, and allow consumers to participate.

The Senate Health Care Committee has so far focused on SB 5904, which provides drug purchasing assistance to some low-income seniors and disabled people. In itself a positive step, the need goes far beyond what that bill is able to accomplish. Our state's growing legions of uninsured or underinsured citizens need the state's buying power to afford necessary prescription drugs. Additionally, many private plans would benefit from being able to buy through a large consortium. We hope the Senate still plans to consider a bill providing a broadly based prescription drug program. If it doesn't by the March 5 cutoff, we will be looking for Senators to move HB 1214.

A cynical, inappropriate waste of Senate time

SB 5700, sponsored by Sen. Don Benton (R-Vancouver), would authorize the creation of "tax-me-more accounts." Benton's straight-faced suggestion that rich benefactors may step forward to provide necessary revenue is belied by the bill's cynical name and tongue-in-cheek language. It says contributions will be accepted from those who feel they are "undertaxed and that advocate a greater tax burden."

The Washington State Labor Council on Wednesday testified before Senate Ways and Means that this bill makes a mockery of a serious revenue shortfall and devastating proposed service cuts the state now faces—cuts that could literally cost people's lives. The bill's co-sponsors are Dan Swecker (R-Rochester), Luke Esser (R-Bellevue), Mike Hewitt (R-Walla Walla) and Bob Oke (R-Port Orchard).

Some of the hearings scheduled next week

Many Senate committees, including Commerce and Trade (but not Labor), list next week's hearing schedule as "to be announced."

MONDAY—House Commerce & Labor at 1:30 p.m. will hear HB 1604 expanding the restrictions on mandatory overtime for health care workers; House Capital Budget at 1:30 p.m. hears bills allowing simple-majority passage of school district bonds; House Transportation at 3:30 p.m. hears HB 1960 governing regional transportation.

TUESDAY—House State Government at 1:30 p.m. hears HB 1809 re: discrimination in employment based on sexual orientation and HB 1672 providing state employee bereavement leave.

WEDNESDAY-- House Health Care at 6 p.m. hears HB 2015 lowering requirements for health insurers, and House Commerce and Labor at 8 a.m. hears HB 1626 dealing with workers' compensation employability standards.

THURSDAY—At noon, a joint committee work session "Sharpening Washington's Competitive Edge: A Blueprint for Economic Recovery;" House Commerce & Labor at 1:30 p.m. hears HB 2016 prohibiting use of public funds to encourage or discourage unionization and HB 1944 requiring notice of mass layoffs; House Appropriations at 3:30 p.m. holds a work session and hearing on HB 1777 implementing state home care workers' collective bargaining agreement.

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PREVIOUS EDITIONS of the WSLC Legislative Update:

Feb. 14 -- MORE business tax breaks?!  (re: digging a deeper budget hole with no accountability)
Feb. 7 -- Commerce and ANTI-Labor? (re: workers' comp, minimum wage and transportation)
Feb. 3 -- Now is the time... to pay less? (re: workers' comp and minimum wage)
Jan. 24 -- Drug bill off to a strong start; competagogues go after ergonomics rule again
Jan. 17 -- It's the Economy, Stupid!  (re: "Competagogues" and Washington's business environment)
Jan. 10 -- A Question of Priorities  (re: Explosion of corporate influence on government)

Copyright © 2003  Washington State Labor Council, AFL-CIO