The courts have been giving Florida Governor Rick Scott a few lessons in the Bill of Rights. He does not appear to be listening, but perhaps the voters of Florida are. Scott wants the state to require drug testing of all welfare recipients and all state employees. A temporary injunction put a stop to the welfare testing and now federal judge Ursula Ungara has ended Scott’s bizarre vision of every state employee peeing into a cup.
The state argued, in part, that the program was voluntary: people don’t have to do it, they’ll just lose their jobs if they don’t. Some definition of “voluntary”!
There are times and circumstances where drug testing is useful and necessary. For jobs involving public safety and genuine risk, drug testing should be mandated. But courts remain sensitive to the constitutionally guaranteed right to privacy. Under the “probable cause” standard, courts look for specific risks and exposures, not for blanket policies that cover everyone. There should be evidence of a problem, possible harm if drug abuse takes place and an over-riding safety interest. This may well describe the situation of a police officer or firefighter, but not a clerk in the Registry of Motor Vehicles.
Insubstantial and Speculative Risk
Judge Ungaro pointed out the fundamental flaw of Scott’s executive order: it infringes privacy interests in pursuit of a public interest which is both insubstantial and speculative. She writes that “the proffered special need for drug testing must be substantial- important enough to override the individual’s acknowledged privacy interest, sufficiently vital to suppress the Fourth Amendment’s normal requirement of individualized suspicion.”
By trying to lump all state employees into one big drug testing net, Governor Scott displays his contempt for government and the people who carry out its work. Beyond that, his drug testing obsession runs contrary to a fundamental premise in the Bill of Rights. Someone needs to remind the governor that his job is to protect the rights of every Florida citizen, not compromise these rights in the interests of punitive and ill-conceived policies.
A Random Note on the Original “Great Scott”
The origin of the phrase “Great Scott” is unclear, but Wikipedia surmises that the reference is to U.S. Army, General Winfield Scott, known to his troops as Old Fuss and Feathers. He weighed 300 pounds in his later years and was too fat to ride a horse.
Posts Tagged ‘rights’
Not-So-Great Scott: Punitive Drug Testing in Florida
Tuesday, May 1st, 2012Building Pyramids, Building iPhones
Monday, January 23rd, 2012Yesterday the New York Sunday Times ran a fascinating piece on the manufacturing of iPhones. The making of 200 million phones is taking place in the far east, mostly in China. When President Obama asked Steve Jobs “why can’t that work come home?” Jobs replied: “Those jobs aren’t coming back.” The article, written by Charles Duhigg and Keith Bradsher, describes the reasons why this work will never come back home (and why we wouldn’t want them anyway).
In the months prior to the release of the iPhone, Steve Jobs carried a prototype in his pocket. He discovered that the plastic screen was easily scratched by the keys and loose change that people often have in their pockets. He informed his engineers that this was not acceptable and insisted – at the last minute – that they redesign the phone with a scratch- and break-resistant glass. Corning Glass was able to do this.
Corning (made in America!) shipped the new parts to China, where they arrived around midnight. Supervisors at the assembly plant woke up some 8,000 workers sleeping in company dorms, gave them tea and a biscuit and set them to work in 12 hour shifts installing the glass into bevelled frames. The plant churned out 10,000 phones per day.
It is impossible to envision an American workforce positioned to perform this kind of work under these conditions. We do not house our workers in dorms (except migrant farm workers). We do not suddenly change work schedules to begin at midnight. Even in the Republican dream of a post-union workforce, it is inconceivable that American workers would accept this kind of pressure – and be paid $17 per day or less.
iPhones and Pyramids
Nearly seven years ago we blogged the emerging issue of worker rights in China. While there is a bare-bones structure of rights, these are arbitrarily enforced and easily avoided. China is a single party state, run with ruthless efficiency by the Communist Party. Opposition is not tolerated; dissent is brutally suppressed; and workers are at the mercy of their employers. To enforce rights, you need a constitution and an infrastructure of laws and regulations. And you need lawyers to argue on behalf of workers. China has none of these crucial elements and, truth be told, no real interest in developing them. And that is why everything is made in China: quality is high, working conditions are whatever management wants them to be, and labor costs are low.
While technically not slaves, production workers in China labor under appalling conditions that do not and cannot exist in most western cultures. They may be paid better than the slaves who built the pyramids, but they are paid less – while working harder – than any comparable workforce in developed countries.
So the late Steve Jobs was correct: the jobs involved in assembling essential electronic devices will remain off shore. These jobs are never coming home, unless, of course, the economy collapses totally and our workers are reduced to accepting virtually any working conditions. Which leads to questions beyond the scope of a workers comp blog: what manufacturing jobs will remain domestic? What will happen to the millions of production workers in America who no longer have jobs? As the American middle class declines, how will the economy function? Who will buy the goods that drive the engine of capitalism?
Epilogue
I drove my American assembled Japanese car to the Verizon store yesterday and picked up my black 16 gig iPhone, designed by indisputable geniuses in America and assembled by an underclass in China. It’s awesome. I can’t imagine life without it.
Halloween edition of Health Wonk Review; other news notes from the blogs
Thursday, October 29th, 2009Our local neighbor Tinker Ready of Boston Health News has done a most excellent job in her illustrated Halloween edition of Health Wonk Review – she even included photos from her local haunted house. Go visit now: Health Wonk Review: Killer viruses and the undead public option – lots of good posts in an entertaining format.
Other news from the blogosphere
Is the party over in workers comp? – Joe Paduda of Managed Care Matters sees a lot of similarities between market conditions today and back in the dread late 1990s – lengthy soft market, premium rates that have dropped by two-thirds over five years, continued increase in medical severity … he doesn’t see a soft landing as likely.
FDA issues list of fraudulent H1N1 flu products and websites – “This list is intended to alert consumers about Web sites that are or were illegally marketing unapproved, uncleared, or unauthorized products in relation to the 2009 H1N1 Flu Virus (sometimes referred to as the “swine flu” virus). Note that until evidence to the contrary is presented to FDA, the owner of the listed Web site is considered responsible for promoting the unapproved, uncleared, or unauthorized products. The uses related to the 2009 H1N1 Flu Virus are not necessarily being promoted by the manufacturers of the products.” (Thanks to Gooznews for the pointer.
Could integrating comp medical care into group health could save big bucks? That’s a question that Roberto Ceniceros examines at CompTime in light of a recent California study that says savings could be achieved.
Judge Robert Vonada has been frequently updating Pennsylvannia Workers’ Compensation Journal of late. We particularly enjoyed a recent post entitled an entertaining primer on mediation, in which he points to and comments on a list of thirty things to say in mediation – or as he puts it, a list of things you will hear yourself say and wish you hadn’t.
CDC NIOSH Science Blog offers workplace safety & health tips for tattooists and piercers – a group of workers who are at hgh risk for exposure to bloodborne pathogens. They’ve created a Body Art Topic Page for more information.
We’ve recently been discussing the issue of injuries inflicted by animals and workers comp in the light of the chimp that attacked a CT woman. Risk Monitor features a posting called when circus animals kill that focuses on risks related to wild animals in the entertainment industry.
BLR’s Safety Daily Advisor reminds us that OSHA gives your employees 14 specific workplace rights. See OSHA’s 14-Point Employee Bill of Rights
Quickies
- Conning Research and Consulting – Workers’ Compensation Public Options Outperform Private Industry
- Edmonton hostage recalls ordeal in last week’s Workers Comp Board hostage taking incident
- Advisen – Recession Will Keep Commercial Insurance Premiums Under Pressure in 2010 (pdf)
- Business Insurance – No hard market in sight: Reinsurers’ meeting
- DOT Announces Driver Pre-Employment Screening Program
Three new state laws limit employer restrictions on guns at work
Monday, August 4th, 2008This summer, risk managers in Florida, Georgia, and Louisiana have a new concern to add to their checklist of health, safety and prevention issues: guns at work. These three states have recently enacted legislation that will allow employees to keep guns in locked cars at the work site. These laws not only overrule any existing company policies which forbid guns on company property, they mean that it is now illegal for employers to prohibit employees from keeping loaded guns in their cars during work hours.
The three states are the latest in a series of states that have passed such legislation. Other states with similar laws include Alaska, Kansas, Kentucky, Minnesota, Mississippi, and Nebraska. At least 13 other states have rejected similar laws; Oklahoma passed similar statute, but it was struck down in October 2007 on the grounds that the law conflicts with federal law, specifically, the 1970 Occupational Health and Safety Act. OSHA requires employers to reduce any any workplace risks that could lead to death or serious bodily harm. OSHA also encourages employers to prevent gun-related workplace injuries.
While each law varies in its particulars, there are some restrictions. In most cases, the laws apply to to licensed gun holders, for example, and some types of businesses may be exempt. In Florida, these include aerospace companies, nuclear power plants, hospitals, schools, prisons, and manufacturers that use combustible materials. Most laws offer employers some limited protection from any liability that should occur as the result of the laws, but this would likely not protect an employer from such things as business interruption, loss of business, or qualifying employee workers compensation or disability claims, to name a few matters.
Employer challenges
In Florida and Georgia, several large employers are keeping bans in place. Disney, Universal Studios, a Georgia Pacific paper plant, and Atlanta’s Hartsfield-Jackson International Airport are maintaining gun prohibitions and facing NRA-financed lawsuits from gun owners. States are struggling to clarify the laws on questions such as which employers should qualify for an exemption and exactly who does and doesn’t the law apply to? Right now, employers may not restrict employees from keeping a gun in a locked car, but vendors and visitors may be restricted.
Both sides claim rights. Gun owners claim their right to have guns, although the recent Supreme Court ruling suggested this right is not without some restrictions. Employers claim such laws are a a violation of the private property rights provided by the Constitution and an imposition on their violence prevention measures, which they must take to be in compliance with OSHA. Employers cite the five fatalities at an Atlantis Plastics in Henderson, Kentucky as an example of what could go wrong. In that case, a disgruntled worker retrieved a .45 caliber pistol from his car shortly after being escorted out of the workplace, returning to shoot his supervisor and four co-workers. This type of incident is unfortunately not rare. The Bureau of Labor Statistics data reveals 787 weapon “assaults and other violent acts” in workplaces in 2006. There were 439 workplace homicides by gunfire.
The recent spate of legislation is hardly the last we will hear on the matter of guns at work. Buoyed by the recent Supreme Court decision which struck down the 1976 Washington D.C. handgun ban, the NRA is stepping up its challenges to existing state gun control laws. If this issue hasn’t surfaced in your state yet, rest assured, it will.
Prior posts on this topic
Guns at work – coming to a neighborhood near you?
Workers with guns
Guns at work