Boss Watch: 4/11 – 4/18

Jacob Morrison

Illegal activities of Southern Bosses for the weeks between Friday, April 11, and Friday, April 18

Alabama Endangerers

From Patrick Darrington at AL(dot)com:

A jury awarded a $10 million verdict to a woman who was severely injured while she was a teenager working at a Jefferson County business in 2019.

The jury settled in favor of Destiny Longs, who was 17 at the time the workplace injury occurred.

According to the lawsuit, which was filed on her behalf by her mother, Denisha Longs, the teen was working at a facility owned and operated by co-defendants Comfort Systems USA (Midsouth) and H&M Mechanical Inc.

Both companies conduct business in commercial heating, ventilation and air conditioning (HVAC) systems. Longs was employed through InTime Staffing LLC which was also named as a co-defendant.

On July 8, 2019 Longs was instructed by a supervisor, Roy Lewis, to work on a coil line machine which is designed to fabricate ductwork.

The lawsuit alleges that Longs was instructed to work on the dangerous machine without proper protective equipment, in violation of Alabama child labor laws.

“While working on the machine, minor Plaintiff Destiny Longs’ arms were caused to be pulled into the rollers and to wrap around the machinery, pinning her into the machine and causing immediate injury and intense, prolonged pain,” the complaint reads.

“Minor Plaintiff Destiny Longs was not freed from the machinery until Birmingham Fire & Rescue arrived and were able to cut and/or disassemble the machine.”

As part of the lawsuit, Longs sought to have the defendants pay her workers’ compensation benefits and penalties for her injuries under the Alabama Workers’ Compensation Act.

The jury made the determination to award Longs $10 million in compensatory damages on April 11.

You can read more details about the case here.

I think it’s worth noting she was employed through a staffing agency – those types of companies were also at the center of the Hyundai child labor scandal. Interestingly, there is a law in Alabama that requires these sorts of agencies to register with the state’s Department of Revenue, but they don’t, and the state has said explicitly that they don’t want to enforce the laws on the books.

Crushed, Ran over

So far under the Trump administration, the Occupational Safety and Health Administration is not being as public with its investigations. Last week they concluded a few investigations – but those were begun under the Biden administration. Even so, workers are still dying on the job – typically 100 workers every week in the US. Even though OSHA is even more hamstrung than before, there is sometimes small news story whenever someone dies at work because it’s such a terrible thing to happen in a community. 

On the Confined Space Newsletter – set up by Jordan Barab, a former OSHA official – they compile as many news stories on worker deaths as he can find every week. In addition to this newsletter, they regularly host commentary and analysis pieces about labor and workplace safety. 

This week, they found 37 stories, including 20 from the South. 

A few lowlights:

  • Homewood, AL — A landscape worker was killed when his riding lawnmower flipped on top of him in a median off Interstate 65. The accident occurred in the grass median between I-65 northbound and the Oxmoor Road exit. Homewood police said the victim, whose identity has not been released, worked for a private landscaping crew that was hired by the City of Homewood to clean up the area. The portion that was being cut was on the state right of way. Witnesses told police the victim was attempting to drive the lawnmower up the embankment when it overturned. Homewood Fire medics pronounced him dead on the scene.
  • Huntingdon, TN —  The Tennessee Emergency Management Agency reports that a lineman with the Carroll County Electric Department died while working as strong storms hit the area. “Our hearts are with the family and friends of Chance Carlton, who lost his life while working during the recent storms,” the agency said. Carroll County Mayor Joseph Butler said he was heartbroken about the lineman’s death. “We thank Tennessee Valley Authority, local power companies, and lineworkers across the state for their continued work to keep power on for Tennesseans,“ emergency management shared.

Port St. Lucie, FL — A 19-year-old died after being run over by heavy construction equipment. The Port St. Lucie Police Department (PSLPD) said that on Tuesday, a large palm tree was being delivered and installed in a yard. According to officials, the palm tree was attached to the skid steer’s forks, and Elias Lopez Macario of Palm City was walking alongside it as the machine was moving. PSLPD said that witnesses saw Macario trip and fall in front of the skid steer, a heavy construction equipment often used for digging. The operator, who was unaware of the incident, accidentally ran over him.

Union Busters

Brought to you by LaborLab: The nation’s leading watchdog standing with working families to stop employer coercion and intimidation. Visit www.laborlab.us for more info.

Here are the new union buster filings with the Department of Labor from this week:

In addition, the following filings were amended:

  • Alfred Lacy amended his filing to change the employer name from Amazon to Amazon DDE9

Due to a lack of enforcement, some labor relations consultants may disregard the law and fail to report their activities to the U.S. Department of Labor. Therefore, it’s crucial for organizers and workers to report suspected “persuader” activity to the U.S. Department of Labor’s Office of Labor-Management Standards (OLMS).

It’s crucial for organizers and workers to report suspected “persuader” activity to the U.S. Department of Labor’s Office of Labor-Management Standards (OLMS). You can reach them via email at  OLMS-Public@dol.gov, by calling (202) 693-0123, or by contacting your nearest OLMS District Office.

For assistance, please contact LaborLab at contact@laborlab.us.