Working for an Employer May Be Dangerous to Your Health, Part Three

The attitude of much of the left in Toronto (and I suspect elsewhere in Canada and the world) is that working for an employer is not all that bad. Why else would the left not object to references to “decent work,” “fair contracts,” “economic justice,” and so forth by union reps, or the coupling of some needed labour-law reforms and an increase in the minimum wage in Ontario with the concept of “fairness”? (All these terms are used by the social-democratic left in Toronto.) This attitude of treating working for an employer as really not that bad is something they share with their bourgeois counterparts.

Personal crime is considered to be real crime–but corporate crime is not really treated as something as bad or worse than personal crime. This can be seen when comparing the attitude of Canadian federal legislation towards personal crime and the attitude of that government and other participants when formulating legislation that was supposed to protect workers from acts deemed criminal in nature by corporations following the Westray mine explosion. The first quotation relates to the government’s attitude towards personal crime. From Steven Bittle, Still Dying for a Living:
Shaping Corporate Criminal Liability After the Westray Mine Disaster,
doctoral dissertation, page 2:

Consistent with the cultural obsession over crime control, in the fall of 2003, the
Canadian government introduced stringent new anti-violence legislation aimed at some of Canada’s worst offenders – those with a well documented track record of reckless behaviour and responsibility for multiple and egregious acts of violence. The legislation had all-party support (Archibald, Jull and Roach 2004: 367), signalling a consensus for the need to better protect Canadians from violent crime. The government characterized its legislative initiative as a significant step towards ensuring that offenders are held criminally responsible for their harmful
behaviour (Department of Justice Canada 2003). Legal observers suggested that it represented a fundamental change, perhaps even a revolution, in assigning criminal liability (Archibald, Jull and Roach 2004: 368). News items cautioned would-be criminals that they were in for a wake-up call once the new law took effect (Mann 2004: 29). It thus appeared that if violent crime was the problem, then harsh new penalties were the solution.

The proposed legislation for corporate crime expressed a different attitude in various ways, such as the time elapsed between the Westray mine explosion (May 9, 1992) and the proposal for legislation for corporate crime, or the attitude of participants in the legislative process concerning the seriousness of the crime. From Little, page 2:

However, peeling back the veneer of the federal government’s so-called crackdown on violent crime reveals a much different story. To start, it took more than ten years to introduce a new law in response to a single and violent mass killing in which twenty-six Canadians died. What is more, despite widespread political support, many politicians – particularly those with an affinity for law-and-order policies – cautioned against going too far in terms of holding offenders
criminally responsible for their harmful acts (Bittle and Snider 2006). Also curious was that both the media and general public expressed little interest in the new law, hardly the status quo for issues of violent crime. Moreover, since its enactment, there have been only two charges laid; a particularly worrisome trend given that recent research reveals an increase in the forms of violence that the legislation was intended to address (Sharpe and Hardt 2006). In fact, it would
appear that the most significant development associated with the new legislation is the emergence of a crime (un)control industry, one in which lawyers offer for-fee courses that potential offenders can take to learn about the new law and the steps they must follow to avoid criminal responsibility (for example, see Gonzalez 2005; Guthrie 2004).

The focus on violent personal crime that leads to injury or death and the absence of such focus on corporate crime that leads to injury or death is tantamount to a form of silent indoctrination. Such silent indoctrination parallels the silent indoctrination of school history curricula, which do not permit students to come to understand how and why employers (and employees) arose (see previous posts on this silent indoctrination in schools).

This focus on violent personal crime, of course, forms the regular diet of many television programs. Similarly, the silence concerning violent corporate crimes (if indeed they are considered crimes at all) also forms the regular diet of most television programs and documentaries.

Should there not be constant discussion concerning this silent indoctrination within the labour movement? Is there? If not, why not? Or is the macro problem of around one thousand workers dying every year at work and hundreds of thousands of injuries (and diseases) not a problem that is to be immediately addressed but only “in the long run?” For those who die or who are injured, there is no “long run” since the problem which they face is immediate and due to ignoring the macro problem in the past.

Where is the left that is bringing out these issues? Or is the left busy formulating platitudes, such as “decent work,” “fairness,” “economic justice,” and so forth? ]

Does not the left have an attitude that working for an employer is really not all that bad? Do they not share the same attitude as the politicians, who did not want to go too far in the legislation? Or those on the left who talk of “decent work,” “fairness,” “economic justice,” and so forth while all the while assuming that decent work, fairness and economic justice can somehow be realized while the class power of employers still exists.

What do you think?

Working for an Employer May Be Dangerous to Your Health, Part One

The title is a variation of one of the subsections in chapter two of Jeremy Reiman’s The Rich Get Richer … and the Poor Get Prison.

In a couple of earlier posts, I pointed out that working for an employer involves needless deaths and injuries (The Issue of Health and Safety in the Workplace Dominated by a Class of EmployersGetting Away with Murder and Bodily Assault: Employers and the Law). I have decided to start writing a series of posts on the issue of health and safety in the workplace since it is a key issue for workers.

Consider the following on the Fight for $15 and “Fairness” website (Fight for $15):

We NEED fair labour laws to save lives

On Tuesday, October 23, the Doug Ford government introduced Bill 47. This legislation seeks to impose a real dollar cut in the minimum wage and eliminate most of our new workplace rights, including paid sick days, equal pay for equal work, and more. If passed, this outrageous legislation will force millions into poverty, while putting workers’ health and safety at risk.

The introduction of Bill 47 by the conservative Ford government in Ontario, Canada (and the repeal of Bill 148, which introduced an increase in the minimum wage and a number of needed reforms of employment law) is presented as preventing the institution of “workers’ health and safety.” If Bill 148 had not been repealed and if Bill 47 were not passed (it was), then “workers’ health and safety” would not be “at risk.”  This is the unconscious or implicit assumption and message of the author of the article on that website. It is also the stated or unstated assumption of the social-reformist left.

The social-reformist left must absolutize the reforms which they seek. By absolutize, I mean that they must claim that there is somehow a fair situation that results if what they seek is realized. It is not, for them, a question of something fairer be realized but rather something that is fair.

The article mentions the community and union opposition that emerged against Bill 147, as well it should.

A little further down in the article, the recent death of a temporary worker at Fiera Foods is mentioned, and a vigil is called for. The vigil is to be lauded, and the article emphasizes that this is the fourth temporary worker killed working for the same food-processing plant.

However, the following is then claimed:

We know this heartbreaking death is not an isolated event…. It is what happens – and what will happen in the future – if workers are treated as disposable and if the laws meant to protect us are weakened, or not enforced at all.

Labour laws, like collective agreements, can certainly contribute to the improvement of workers’ lives, but can labour laws really prevent workers from being “treated as disposable?” It is the very nature of a society dominated by a class of employers that workers are disposable; to think otherwise is to not understand the basic nature of such a society (see   The Money Circuit of Capital)  for a characterization of workers as means or things for ends defined by employers).

The article then provides some probable consequences of instituting Bill 47, but it fails to consider whether, even if Bill 47 were withdrawn (it was not, and it passed), whether this would be sufficient to protect workers in an economy structured on the basis of the control of billions of workers throughout the world by a class of employers:

Let’s be clear about the serious implications of Bill 47:

  • When the government says freeze the minimum wage for 33 months, it means a real dollar cut in earnings for the lowest-paid workers in the province. After that wage cut, the minimum wage would only be adjusted in accordance with the previous year’s price increases (Consumer Price Index). It could be 2025 by the time the minimum wage reaches $15, and by then, a $15 wage will, once again, fall below the poverty line. This government wants to reimpose poverty on millions of workers in this province.

  • When the government says it wants to cut paid sick days, it is saying it has no problem forcing workers to work while they are sick or injured. It is saying they have no problem with parents having to send their sick child to school where they might spread illness to other children and education workers. It says this government has a complete disregard for the health and well-being of the people who keep this province functioning.

  • When the government says it wants to re-impose a requirement for Doctors’ notes, it is saying it has no problem forcing sick workers into hospital waiting rooms and risk spreading disease to others. It has no problem clogging up our health care system for visits that the Ontario Medical Association has said are unnecessary, wasteful, and costly. It says this government has no problem imposing red tape on workers and health providers.

  • When this government reduces penalties for employers who openly disregard the law – as Bill 47 seeks to do – this government is telling Ontario’s most unscrupulous employers that it is open season on the most vulnerable workers in this province. Especially those who work in temp agencies.

It is good to expose the extreme business-oriented position of the Conservative government, and the article is to be lauded for that. However, the following undermines this by implying that fair labour laws can somehow be achieved in the context of the present structure of the economy:

We need your help to deliver a message to Premier Doug Ford and his government: Fair labour laws, save lives. Bill 47 has not been passed, and it needs to be withdrawn immediately. Our elected officials must ensure our safety and well-being on the job, not jeopardize it.

Labour laws may increase the workers’ power by limiting further the power of employers as a class, but unless the labour law somehow challenges the principle of the power of employers as a class, it cannot be the sole basis for protecting workers from being used as disposable means for the benefit of employers. Workers should fight for labour laws that can serve as means to protect them from some of the ravages of employer-dominated establishments, but they should also organize initially at the local level on the shop floor as a fighting force that can oppose the power of management to treat them  as things to be used for goals not of their own making. Furthermore, they should realize that no labour law and no local level organization can protect them from the ravages of an economy in which they are economically dependent on employers; labour laws and local organizations can only reduce the likelihood of injury and accident but not eliminate it. The very nature of their economic dependence and their treatment as things includes the very real possibility of workplace injury and accident.

Should we not take seriously the following (from Bob Barnetson, The Political Economy of Workplace Injury in Canada, page 2):

Perspectives on workplace injury

How you react to the vast number of workers injured and killed each year reflects your values and beliefs. Are these injures inevitable? Are they just the cost of doing business? One way to look at workplace injuries is from an economic perspective. This view sees the risk of injury as minimal, unavoidable and, ultimately, acceptable. Is it the price we (or at least workers) must pay for a “healthy” economy? If we are going to lower the risk of injury, we need to ensure the cost is less than the benefit we’ll receive. And the people best positioned to decide that are employers.

This economic perspective dominates the debate about workplace health and safety. It is the lingua franca of employers, bureaucrats, politicians, and most academics. There are, of course, alternative perspectives. An alternative advanced by workers views workplace injuries as the result of choices employers make in order to maximize profitability. Contrary to the slogan “safety pays,” it is usually cheaper for employers to organize work unsafely. This is especially true if employers can (with the tacit consent of government) pass along the cost of occupational injuries and disease to workers.

Should any leftist claim that any possible reform in the context of an economy dominated by a class of employers is fair? We certainly need to fight for reforms, but why bullshit the workers by calling such reforms fair? They are fairer or less fair, to be sure. To have labour laws that enable workers to protect themselves more is better than no labour laws or less effective labour laws. But how does this translate into fairness?

Why does the social-reformist left find it necessary to claim that such reforms express “decent work,” “fair wages,” “a fair contract,” “fairness,” or “economic justice”?

What do you think?

Getting Away with Murder and Bodily Assault: Employers and the Law

Steven Bittle, in his doctoral dissertation, Still Dying for a Living: Shaping Corporate Criminal Liability After the Westray Mine Disaster (Kingston, Ontario: Queen’s University argues the following (from page ii):

Overall, the dissertation suggests that the assumptions that animated Canada’s corporate criminal liability legislation and the meanings inscribed in its provisions throw serious doubt on its ability to hold corporations legally accountable for their harmful, anti-social acts. There is little reason to believe that the Westray bill will produce a crackdown on safety crimes, or seriously challenge corporations to address workplace injuries and death. While it will hold some corporations and corporate actors accountable – and thus far it has been the smallest and weakest – the primary causes of workplace injury and death (e.g., the tension between profit maximization and the costs of safety and the relative worth of workers/employees versus owners and investors) will continue.

The typical presentation of what is dangerous in our society is–crime. You merely have to look at the different tv shows (or Netflix shows) that have as their theme murder (one person or serial) compared to the number of shows that show how serious corporate actions lead to death and injury.

However, this focus on individual crime and violence goes hand in hand with a lack of focus on social crime and social violence–the violence of a class of employers and the violence of the social structure that supports that class.

This lack of focus on the violence of the class of employers and the violence of the social structure is reflected in the social democratic left’s general attitude towards “accidents” at work. Undoubtedly, at particular work sites, and with particular union representatives, there is a sustained effort to reduce the possibility of injury and death. However, such efforts are inadequate because they do not address the systemic impact of the pursuit of profit on shifting the burden of danger towards workers (and, it should be said, consumers).

If the labour movement in general and the union movement in particular took seriously the violence perpetrated by the class of employers and the violence of the social structure that supports that class, would they not begin a movement for the abolition of the class of employers and the social structure that supports that class? Is there any such movement in Canada? Perhaps there is, but I am unaware of such a movement.

In a previous post, it was pointed out that about double the number of workers die each year on the job when compared to the number of murders in Canada (The Issue of Health and Safety in the Workplace Dominated by a Class of Employers) . Should this fact not be a constant topic of discussion for workers, for citizens, for permanent residents and for non-status immigrants?

What do you think of the health and safety of workers who work for an employer? Should it be a topic for constant discussion?