Illinois Deserves the Truth

Subjective journalism in Madison County

At The Record we hope to provide an objective view of the playing field as well as an active forum for both sides of the argument so that all of us can decide for ourselves.

~Introduction to the Madison County - St. Clair Record, inaugural edition

For those who aren't familiar, the Madison County Record is a downstate newspaper owned by the U.S. Chamber of Commerce, one of the largest "tort reform" lobby groups in the country (check out CJ&D's Madison County Record 'Spotlight on Justice').  They may call themselves an objective newspaper, but "The Record" is almost entirely devoted to attacking the Illinois civil jury system.  Ever since they opened for business, this paper has offered a one-sided voice on local civil justice issues.  Recently, the Construction Safety Act of 2008 has been one of their favorite targets.  This act failed to pass the house last week, and the newspaper was quick to print a one-sided commentary on why it would've "crippled the economy".  As we know, this bill was about protecting workers, and it certainly never crippled the economy during the 88 years it was on the books in Illinois.

We sent a letter to the editor in response.  I was sure it would find the wastebasket as soon as they got it, but then I read this:

To that end, we need your help. If you have an opinion, please let us hear it. Don't hesitate to send us your story ideas, press releases, letters-to-the-editor, or guest columns. We will print them.

Really?  We'll find out.

Update: Chicago Tribune gets it wrong about construction safety bill

Bravo!  Finally the Tribune publishes someone who understands the importance of HB 2094.   

While we commented on how wrong the Tribune's view of the Illinois Construction Act of 2008 is and submitted a letter to inform them.  Philip Corboy, Jr. did the same in a letter that was published today in the Trib.  In particular he is right on the money when he wrote:

This legislation is not about lawyers.

It's about construction workers making it home safely and being able to sit down at the dinner table with their families.

Right on! 

This legislation is all about protecting workers and making people accountable in the civil justice system.   This is important legislation that should be passed.   

Maybe my letter will get published too, but I am not holding my breath. :-)

Update: Millstadt construction accident

Back in March, two workers in downstate Millstadt died when a trench caved in on them.  It turned out the work site had previous citations for violating OSHA safety standards and that this accident, too, warranted investigation (the St. Louis Post-Dispatch ran our letter about it).  Now, the family of one of the victims is filing a wrongful death lawsuit against the construction company for failing to take proper safety precautions.

Tragedies like this remind us why we need to do more to keep workers and pedestrians safe from dangerous construction sites.  House bill 2094 - the Construction Safety Act of 2008 - is designed to protect the rights of families involved in accidents like the one in Millstadt, which may have been preventable.  It includes broader safety standards for construction sites and would make it easier for innocent victims and their families to seek redress through the civil justice system.

Click here for more on why HB 2094 is so important.  Also, read the CJ&D report, Deadly Trade: Construction Safety in Illinois since the Repeal of the Structural Work Act.

Chicago Tribune gets it wrong about construction safety bill

Today the Chicago Tribune wrote an editorial about the Construction Safety Act of 2008, House Bill 2094, and got it totally wrong.  This important legislation will help protect Illinois construction workers and we should fight to get it passed.

One of the points that the editorial makes is that the Workers' Compensation System is " is fair, and relatively quick and inexpensive. It works."  I believe if you ask the thousands that have  experienced it they will tell you a different story.  CJ&D  released a good study, Workers' Compensation - A Cautionary Tale, in 2006 about the pitfalls of the system.  It is an informative and interesting read about the subject.   

In response to the editorial we wrote a letter to the editor (below),

The Tribune’s editorial “The Lawyers-get-work act” (April 29, 2008) gets it wrong.  The Construction Safety Act of 2008 would be good for workers and Illinois and it should pass. 

Construction is one of the most dangerous job in the state.  In 2006, there were over 13,000 construction worker injuries.  More construction workers die each year than firemen and police combined. New York, which already has a similar law on the book, has some of the lowest construction death and injury rates in the country.

Moreover, the Occupational Safety and Health Administration (OSHA) is supposed to assure the safety and health of America’s construction workers - but is ill-equipped to do so.  At their current staff levels it would take over 121 years to inspect everything they are responsible for overseeing.  In other words, more needs to be done to ensure the safety of Illinois' construction workers.

This important legislation would provide the financial incentive for owners and contractors to provide safe scaffolds and other potentially deadly equipment, and to prevent the hiring of low-bidding subcontractors, who are tempted to work as quickly and cheaply as possible while cutting safety corners to save money.  It places responsibility for safety practices at a construction site on the owner and general contractor—where it belongs. 

Jason Held
Staff Director,
Center for Justice & Democracy-Illinois

Lets see if they publish it.  I am not holding my breath.

If you haven't already, please contact your State House Representative to let them know you support HB 2094.  Click here to locate your state House Representative

New Hope for Construction Safety: HB 2094

For 88 years, Illinois had in place a law to protect the safety of construction trade workers and the public and to minimize the scope of the dangers accompanying such work. On February 14, 1995, the Illinois General Assembly repealed this law, the Structural Work Act. The repeal eliminated essential safety standards, legal protections for injured workers, and effective incentives for construction owners and contractors to ensure safe working conditions.

Now, we have a chance to correct that mistake with HB2094.

Construction work is a dangerous job. Each year in Illinois significantly more construction workers die or get injured than policemen, firemen and other public safety employees combined. Between 2005 and 2006 there were 66 construction workers deaths in Illinois compared to nine deaths of police and fire department personnel.

Construction worker safety is further exacerbated by the lack of oversight by the Occupational Safety and Health Administration (OSHA). Notoriously understaffed and without enough resources, OSHA is utterly unable to stop even egregious violations. If OSHA were to inspect all of the Illinois construction sites at current inspection levels it would take them 121 years to complete. This statistic has not improved under the current administration as funding continues to be cut in areas like worker safety and health training and education programs.

Moreover, the Illinois public is at risk. In 2002, there was a horrible tragedy where scaffolding fell from the 42nd floor of the John Hancock building killing three women pedestrians and injuring another seven.

Many of the dangers can be reduced and accidents prevented with stronger state laws.  Finally there is new hope offered by Rep. John Fritchey (D-11th). He has proposed an amendment to HB 2094 which will bring back much needed construction safety standards to Illinois.  The legislation, entitled The Construction Safety Act of 2008, will help correct the legislative mistake made in 1995 and protect construction workers and pedestrians once again, by: 

• Inspections: Granting Department of Labor officials the authority to immediately and fully inspect any construction site thought to be dangerous.

• Safety Standards: Requiring that scaffolds, cranes, and ladders be safely erected and secured.

• Building Plans: Requiring that architects and draftsmen follow these standards in their designs.

• Accountability: Giving injured workers and their families the power to hold accountable anyone involved with keeping a worksite safe, from owners and contractors to architects and foremen.

• Incentives: Holding everyone responsible for preventable accidents by giving all parties incentives to make worksites accident-proof.

This legislation would make things it safer not only for workers but also for all Illinoisans.

Critics say that this type of legislation could hurt Illinois' economy, but this is untrue and we have the lesson of history to prove it. For example, building contracts both before and after the repeal of the safety act in 1995 (from 1980 to 2003), showed a steady increase in numbers of contracts, as well as, the overall dollar value of these contracts, a significant sign of the good financial health of the Illinois' construction industry. This occurred both while the earlier law was in effect and after.  Additionally, during the 5-year period immediately preceding the repeal (1991- 1995), housing starts, in the form of new permits for private construction in Illinois, had increased substantially – by 30.8 percent. Thus, the safety act had little or no impact on this industry.

Illinois has a chance again to protect its citizens by enacting better safety standards. With the rise of construction in Illinois, we owe it to ourselves to Support HB 2094. 

To read more about Illinois construction safety and how the 1995 repeal of the Structural Safety Act hurt Illinois, please read The Center for Justice & Democracy - Illinois' report, which can be found here.