The Silences of the Social-Democratic Left on the Standards They Use in Relation to Health and Safety

I had a debate on the Facebook page of the Toronto Airport Workers Council (TAWC), an organization designed to facilitate communication and common actions among unions at the Toronto International Pearson Airport. The issue was health and safety and workers’ compensation. In Canada, most workers who work for an employer are covered by workers’ compensation–a fund derived from premiums that employers pay, based on the rate and extent of accidents in the particular industry as well as the accident record of particular employers. Being covered by workers’ compensation means that, if an injury (or disease) is work related, then the worker has the right to be compensated.

The following conversation occurred on October 18, 2019, first with an anonymous member of TAWC and then with the TAWC member Mike Corrado (who is also the general chairperson of the central region of the International Association of Machinists and Aerospace Workers (IAMAW):

Premier Ford [of Ontario,Canada] says he cares about safety, but after the 5th temp agency worker death at Fiera Foods Company, he still refuses to take action. Legislation already exists to stop companies from treating temp workers’ lives as disposable. Tell FordNationto implement this law, now! VISIT: www.15andFairness.org

Fred Harris Are there any statistics about now many non-temporary agency workers have died since 1999? Or even during Doug Ford’s term as premier? Is one death one too many in that situation? If so, what is being done about it? Why the focus exclusively on temporary workers? Certainly, that issue should be addressed–but what about those who supposedly have :”good jobs” (unionized, for example)? Do they not still die needlessly in the context of an economy dominated by a class of employers?

Tawc Yyz Thats far too many questions to realistically answer on this post.

Fred Harris Let us assume that this is the case. There are six questions in the above post. Take any question and answer it. Or perhaps one question per week? Or per month? Every two months?

Should not at least one question be answered now? If not, why not?

Take any of the six questions and answer it. Or is one quetion “too much” to realistically answer on this post?”

I remember when I worked at one of those so-called “decent jobs” that much of the social-democratic left talk about. One night, a few days after the brewery was “inspected” (mysteriously the brewery was advised of the inspection beforehand so that the machinery, etc. could be cleaned), a worker lost a couple of fingers when his glove got caught in a chain on the conveyor belt. Not long afterwards, we started to produce beer again.

I guess non-temporary workers have it so good that the issue of whether workers will ever be safe under working conditions controlled in large part by employers should not be brought up? That the general issue of the unsafe working conditions in various forms should not be brought up? Or is that too many questions to answer in a post? If so, then feel free to answer it on my blog.

That temporary workers are more subject to the possibility of unsafe working conditions than regular working conditions is probably true (I worked as a substitute teacher–a temporary worker–though not for a temp agency) for a number of years. That did not prevent me from questioning the more general question.

Mike Corrado The brewery workers were fully covered under worker’s compensation or WSIB whereas temp workers aren’t afforded with the same rights!

Open Letter to Premier Ford
October 8, 2019

RE: Urgent action required after fifth temp worker death at Fiera Foods

Dear Premier Doug Ford,

As you know, on Wednesday, September 25, Enrico Miranda, a father of two, was killed on the job. As you also know, Mr. Miranda is the fifth temporary agency worker who has died on the job at Fiera Foods or an affiliated company.

Shockingly, it has been almost two weeks since his death and yet we have heard nothing from you. You have chosen to remain silent, despite having the power to implement legislation that could have prevented this tragedy.

Mr. Ford, this is the second worker killed at Fiera Foods under your watch.

Had you implemented Section 83(4) of the Workplace Safety and Insurance Act – legislation which has already passed, but simply needs your signature – Mr. Miranda might still be alive today.

That’s why we are writing to you to demand that you immediately enact this existing law that will make companies using temp agencies financially responsible under the Workplace Safety and Insurance Act for workplace deaths and injuries.

Laws like this will make companies like Fiera Foods think twice before putting temp workers into harm’s way.

There’s no more time to waste, and we need you to take action to make sure this is the last temp agency worker death.

Implement Section 83(4) of the Workplace Safety and Insurance Act – right now!

We expect to hear from you right away, and certainly no later than Friday, October 11.

Ontarians deserve to know whether their premier will stand up for workers – or whether he will remain silent and continue allowing companies to treat their workers’ lives as disposable.

Fred Harris Yes, the brewery workers were “fully covered under worker’s compensation or WSIB”–and is this compensation for the man who lost his two fingers?

Furthermore, substitute teachers (at least in Manitoba) are not covered by workers compensation.

In addition, the answer that “being fully covered under workers’ compensation” (or not) skirts the question of whether workers, whether covered or not, can ever be safe under conditions that are dominated by a class of employers.

Why shift the issue to being “fully covered under worker’s compensation or WSIB” or not to the issue of whether human safety is really possible under conditions dominated by a class of employers?

Of course, this does not mean that workers who are not covered by worker’s compensation should not struggle to obtain coverage (and others should support such struggle). However, the standard is itself ‘workers who are covered by worker’s compensation or WSIB”–an inadequate standard,.

Let us assume that all workers who work for employers are covered by worker’s compensation. On such a view, then workers would be safe? If not, why not? How many workers have suffered injury at the airport in the last five years? Two years? One year? Do they qualify for worker’s compensation?

Finally, legislation can prevent some injuries and deaths–but hardly all injuries and deaths under existing conditions of domination of the economy by a class of employers and the social structures that go along with that domination. Human beings are things to be used by employers–like machines. Given that situation, there are bound to be injuries and deaths. Or why is it that there around 1000 deaths at work a year in Canada and over 600,000 injuries?

No further response was forthcoming. Was my question about whether being covered by workers’ compensation was an adequate standard out of line? Do not workers deserve an answer to the question? Why the silence?

To be fair to Mike Corrado, at least he broke the silence typical of much of the social-democratic left. Unfortunately, he chose to then revert back to the silence so typical of the social-democratic left when it comes to the power of employers as a class.

Furthermore, Mr. Corrado’s position with respect to the power of employers as a class shines through on the same Facebook page just prior to the Canadian federal elections held on October 21, 2019:

Election Day is Monday. Family values, workers rights, healthcare, pharmacare, the economy, privatization, electoral reform, the environment and the wealthy paying their fair share are at stake and so is my child’s future!

I too am for workers’ rights, healhcare, pharmacare, etc. But what does Mr. Corrado mean by “the wealthy paying their fare share?” This is a social-democratic slogan or cliche. What does it mean? There is no elaboration about what it means. The slogan implies that the wealthy should continue to be wealthy–but only that they should “pay their fair share.” As long as they pay “their fair share,” they can continue to treat workers as things at work. They can continue to make decisions about what to produce, how to produce, when to produce and where to produce. They can continue to dictate to workers (subject to the collective agreement). They can continue to make decisions concerning how much of their wealth will be reinvested and how much will be personally consumed (determining thereby the rate of accumulation and the level of economy growth and the quality of that growth).

Just as the social-democratic left are silent concerning the adequacy of the standard of workers’ compensation, so too they are silent concerning the legitimacy of the existence of a class of persons who make decisions that affect, directly and indirectly, the lives of millions of workers.

Why the silence? Why are not workers constantly talking about these issues?

Socialism, Police and the Government or State, Part One

Mr. Gindin, in his article We Need to Say What Socialism Will Look Like argues the following:

The expectations of full or near-full abundance, added to perfect or near-perfect social consciousness, have a further consequence: they imply a dramatic waning, if not end, of substantive social conflicts and so do away with any need for an “external” state. This fading away of the state is, as well, rooted in how we understand the nature of states. If states are reduced to only being oppressive institutions, then the democratization of the state by definition brings the withering away of the state (a “fully democratic state” becomes an oxymoron). On the other hand, if the state is seen as a set of specialized institutions that not only mediate social differences and oversee judicial discipline but also superintend the replacement of the hegemony of class and competitive markets with the democratic planning of the economy, then the state will likely play an even greater role under socialism.

I will deal with Mr. Gindin’s inadequate conception of freedom and necessity in a socialist society in a later post that continues a description of what socialist society may look like. Here, I will begin a critique of Mr. Gindin’s idealization of the state when he implies that the nature of the state will expand under a socialist system.

Mr. Gindin, as his typical of his social-democratic point of view, vastly underestimates the importance and nature of the existing repressive nature of any government or state that presupposes the legitimacy of the power of a class of employers. He refers to “superintend the replacement of the hegemony of class and competitive markets” while simultaneously referring to the state as “overseeing judicial discipline.” What would “overseeing judicial discipline” mean in a socialist society? What would “judicial discipline” mean in a socialist society? No one will find an answer to these questions in his article since Mr. Gindin’s reference is simply vague.

Let us assume, however, that by “judicial discipline” Mr. Gindin means “the rule of law.” What does the “rule of law” mean? Many who refer to the rule of law believe that it prevents the government from infringing on the rights of citizens. This is a myth since the rule of law is just as vague as Mr. Gindin’s reference to “overseeing judicial discipline” or even “judicial discipline.”

What is the myth of the rule of law? It is the myth that citizens are somehow protected, by means of the law, from arbitrary actions by government officials of one form or another. The rule of law, rather, is a rule of order. This is the real function of police. The rule of law, for example, is supposed to limit the power of police–but does it?

From Mark Neocleous, The Fabrication of Social Order: A Critical Theory of Police Power, pages 112-113:

Since, as we have seen, law-enforcement is merely an incidental and
derivative part of police work, and since, as Lustgarten has noted, the police
invariably under-enforce the law, the equation of policing with law enforcement
is clearly untenable.68 The police enforce the law because it
falls within the scope of their larger duties of regulating order which, in
an ideological loop of remarkable ingenuity, is then justified in terms of
crime control and the need to ‘uphold the law’. In other words, law enforcement
becomes part of police work to the same extent as anything
else in which the exercise of force for the maintenance of order may have
to be used, and only to that extent. Police practices are designed to conform
to and prioritize not law, but order, as the judges and police have long
known.69 Law-enforcement is therefore a means to an end rather than an
end in itself, as witnessed by the fact that, for example, police often prefer
to establish order without arrest. The assumption central to the rule of law
that people should not take the law into ‘their own hands’ reminds us not
only that the law is meant to be used and controlled by chosen hands, as
Bauman puts it,70 but that police do in fact handle rather than enforce the
law. The law is a resource for dealing with problems of disorder rather than
a set of rules to be followed and enforced. The kind of police behaviour
which offends the sensibilities of civil libertarians or which seems at odds
with the assumptions in the liberal democratic conception of the rule of
law in fact turns out to be within the law and exercised according to the
need to deal with things considered disorderly. The police follow rules,
but these are police rules rather than legal rules. Thus when exercising discretion,
the police are never quite using it to enforce the law, as one might
be led to believe. Rather, officers decide what they want to do and then fit
their legal powers around that decision. Hence the main ‘Act’ which police
officers purport to enforce is the ‘Ways and Means Act’, a set of mythical
powers which they use to mystify and confuse suspects, and the question
of whether an officer should detain a suspect on legal grounds is displaced
by the question ‘which legal reason shall I use to justify detaining this person’.
Exercised according to police criteria rather than specific legal criteria,
the rules are rules for the abolition of disorder, exercised by the police and enabled by law.

Mr. Gindin’s reference to “judicial discipline” assumes that the judiciary will continue to exist as a separate institution–like now. He presumably also assumes that police will never be abolished since he eternalizes “scarcity” (as noted above, I will criticize this view in another article). With scarcity, there will be necessary some external force to ensure that people who do not follow the (mythological) law will be properly “motivated” to follow not the law but the order of scarcity. Socialism in such a situation will resemble the capitalist order in various ways.

The social implication of the rule of law or “judicial discipline” can also be seen in terms of the effects on how people would feel in Mr. Gindin’s “realistic socialism”–fear. From Mark Neocleous, The Fabrication of Social Order: A Critical Theory of Police Power, page 113:

‘We fear the policeman’ then, as Slavoj Zizek comments, ‘insofar as he is
not just himself, a person like us, since his acts are the acts of power, that
is to say, insofar as he is experienced as the stand-in for the big Other, for
the social order.’73 And it is because the police officer is the stand-in for
social order that order is the central trope around which even the smallest
police act is conducted. As a number of ex-police officers have testified,
the police themselves are obsessed with order, being institutionalized to
achieve order at all times and in all contexts. Malcolm Young has commented
on how one folder containing a record of the Orders by a range of
senior officers reveals ‘how everything in this world had an ordained place
and could therefore be controlled, ordered, disciplined, checked, scrutinized’.
Likewise ex-police sergeant Simon Holdaway has pointed to the
way prisoners are treated as ‘visible evidence of disorder’. Needing to
detect and end disorder among citizens, the police cannot cope with ambiguity
in any way.74 In dealing with any particular situation a police officer
makes a decision about what, if anything, is out of order and then makes a
decision about how to overcome it. Because each individual officer is institutionalized to achieve order at all times the police institution must have
a strong sense of the order they are there to reproduce, reflected in the
activities they are taught to pursue, the techniques they use in pursuit, and
compounded by a unitary and absolutist view of human behaviour and
social organization.75

The police as the representative of “order” entails not only fear but a need for the expression of deference. From Mark Neocleous, The Fabrication of Social Order: A Critical Theory of Police Power, pages 113-114:

So for example, failure to display deference to an
officer significantly increases the probability of arrest, for it is understood
as a failure to display deference to an officer’s demand for order. Any hostility
directed to them is treated as an attack on their authority and power
to order, and thus an attack on authority and order in general, mediated by
a supposed hostility to the Law. Antagonistic behaviour is a symbolic rejection
of their authoritative attempt to reconstitute order out of a disorderly
situation; it is this which may result in more formal (i.e. legal) methods of
control.76 Regardless of the legal issues pertinent to the situation, the failure to display deference is therefore likely to make one an object of the law as
an arrested person as a means of reproducing order.

Mr. Gindin’s world of scarcity probably looks a lot like the capitalist world order.

This view is consistent with Mr. Gindin’s conservative attitude–he could not even criticize the conservative pairing of a movement for increasing the minimum wage to $15 and for instituting needed employment law reforms with the idea of “fairness.” He even claimed that the justification by some trade unionists here in Toronto who used the term “decent work” were using it in a purely defensive manner–which is nonsense.

Indeed, the term “decent work” is linked to the repressive nature of the capitalist government or state since those who perform “decent work” in a society dominated by a class of employers can thereby pat themselves on the back while they look down on those who lack “decent work.” From Richard Ericson, Reproducting Order: A Study of Police Patrol Work, page 204:

The police can easily justify additional resources, including the latest in
protective headgear, because they have a solid populist constituency among
the ‘hard hats’ of ‘decent working people.’ These people have a great stake in
the status quo because they have invested their very lives in it. In relation to
them, the politics of ‘lawandorder’ is part of ‘the politics of resentment.’
According to people who analyse this politics (e.g. Friedenberg, 1975,1980,
1980a; Gaylin et al, 1978) these individuals are apparently frustrated by the
imprisonment of conformity within the status quo. Conformity yields
payouts which they judge to be meager; the payouts are assessed relatively
and thus prove insatiable. These people take out their frustrations against
those contained in the criminal prisons, and against all others who do things,
however vaguely defined, which suggest that they are gaining pleasure outside
conventional channels. For these conventionals, it is better to seek the
painful channels of convention and to avoid pleasures. For this reason, they
support the construction of an elaborate apparatus aimed at ensuring that
those who seek to experience disreputable pleasures and to avoid pain will
eventually, and often repeatedly, suffer pain that more than cancels out their
pleasures. Moreover, it seems that people are willing to support the construction
of this apparatus at all costs.

Mr. Gindin, far from providing a critique of the modern social order, panders to such an order and reinforces the proclivity of Canadians to call for more order (a stronger police presence and a stronger police state). From Richard Ericson, Reproducting Order: A Study of Police Patrol Work, page 204:

This mythology is so dominant that even when a major crisis
erupts, and the media help to reveal systematic structural flaws in control
agencies, public support for the police remains strong. This is clearly evident
in the continuing revelations about the wide net of illegal practices cast by the
RCMP (see Mann and Lee, 1979). In spite of repeated revelations about illegal
practices against legitimate political groups, illegal opening of the mail, illegal
trespasses and thefts in private premises, and the manufacturing of news
stories to serve its own interests, the RCMP still maintains its popularity in
public opinion polls (ibid). Indeed, some politicians have responded to this
exposure by calling for legislation to legalize previously illegal practices and
for a reassertion of authority within the administrative structure of the RCMP.
As Friedenberg (1980, 1980a) points out, this type of response is typical
of the Canadian reaction to any crisis in authority: ‘The solution for the
failure of authority is more authority …

Mr. Gindin’s view of the future “expansion of the state” simply ignores the repressive nature of the modern state and claims that it merely needs to be transformed. What he means by “transformation” seems, however, to be more of the same–repression, fear, deference. After all, with scarcity, property rights must be protected to ensure that workers are motivated to engage in work (rather than pilfering from others).

Such is the real nature of socialism for Mr. Gindin.

In a future post, I will, unlike Mr. Gindin, continue a critical analysis of the police, the law and the government or state that protects class order–the class order of employers above all.

Of course, workers also call the police in order to protect themselves from each other–to deny that would be naive. That workers experience the police as oppressive does not prevent them from relying on the police to protect what limited rights they do have on occasion–but the extent to which the police and the courts protect workers’ rights should not be exaggerated. Nor should it prevent us from seeing the major function of the police to protect the existing order–and use the law as a means to that end. The primary issue for the police is order–and to seek justifications for maintaining or reestablishing order–including using the law to justify their actions after the fact.