[Congressional Record (Bound Edition), Volume 159 (2013), Part 5]
[Senate]
[Pages 6186-6187]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          WORKERS MEMORIAL DAY

  Mr. HARKIN. Mr. President, more than 20 years ago, family members of 
workers killed on the job joined with safety advocates to launch 
Workers Memorial Day--a day of remembrance and advocacy. To honor the 
creation of the Occupational Safety and Health Administration, OSHA, 
April 28 was chosen as Workers Memorial Day.
  The passage of the Occupational Safety and Health Act, which created 
OSHA, was one of the monumental legislative achievements of the 20th 
century. This landmark legislation, passed over four decades ago, 
reflects the values that all Americans share: that workers shouldn't 
have to risk their lives to earn their livelihood, and that workers, 
employers, and the government must all work together to keep people 
safe and healthy on the job.
  Since that time, workplace safety and health conditions have improved 
dramatically. In the year the OSH Act was enacted, our country saw 
13,800 on-the-job deaths. Forty years later, in 2010, that number is 
down by more than 60 percent. It is without dispute that this 
legislation has saved the lives of hundreds of thousands of American 
workers in its 40-year lifespan, a remarkable accomplishment.
  In addition to saving lives, OSHA saves our country money. The total 
financial cost of job injuries and illnesses is enormous--estimated at 
$250 billion to $300 billion a year. Preventing illnesses and injuries 
before they happen makes economic sense, in addition to being the right 
thing to do.
  So today, on Worker's Memorial Day, we celebrate the success of OSHA. 
But we also must acknowledge its limitations. Too many workers remain 
at serious risk of injury, illness or death on the job, as demonstrated 
by the recent fertilizer explosion in West Texas that killed at least 
14 and injured over 200. In 2011, according to data from the Bureau of 
Labor Statistics, 4,693 workers were killed on the job--an average of 
13 workers every day--and nearly 3 million nonfatal workplace injuries 
and illnesses were reported that same year. In our great State of Iowa, 
93 workers died on the job in 2011. Additionally, 43 Iowans died from 
injuries sustained

[[Page 6187]]

while working, and untold numbers of Iowans were injured from exposures 
in the workplace. We absolutely can--and must--do better.
  That's why I am a co-sponsor of the Protecting America's Workers Act, 
a piece of legislation that would build on OSHA's successes and save 
the lives of countless additional workers. The bill makes commonsense 
reforms to bring our workplace safety laws into the 21st century, with 
minimal burden on the vast majority of employers that comply with the 
law.
  One critical aspect of the Protecting America's Workers Act is that 
it will enhance the protection provided to workers who blow the whistle 
on unsafe conditions in the workplace. OSHA does not have the necessary 
resources to inspect every workplace in the country on a regular basis, 
so whistleblowers play an essential role in identifying dangerous 
conditions. Because OSHA enforcement is aided by whistleblowers, it is 
in all of our interests to protect whistleblowers from unfair 
retaliation so they are not afraid to come forward. But the 
whistleblower provision in OSHA has not been significantly amended or 
improved since it was enacted and has fallen far behind similar 
retaliation protections in other worker protection, public health, and 
environmental laws. The Protecting America's Workers Act will remedy 
that problem by strengthening whistleblower protections so more workers 
will feel comfortable reporting dangerous conditions and work 
environments can improve for all.
  In addition to protecting whistleblowers, the Protecting America's 
Workers Act also extends OSHA protections to more workers, increases 
penalties for employers who break the law, enhances public 
accountability, and clarifies the duty of employers in providing a safe 
work environment. These changes together comprise a critical step 
towards providing a safer workplace for every worker in our country, 
and I plan to do everything possible to fight for this important 
legislation.
  While we have made tremendous progress in that last 40 years under 
OSHA, there is much more work to be done. All Americans have the right 
to a safe workplace, and we should not rest until all of our fathers, 
mothers, sisters, brothers, families, and friends can go to work each 
day knowing they will come home safely again each night.

                          ____________________