Our Bodies, Ourselves (159 page)

Women have a long history of collective action for health at work. The millworkers of Lowell, Massachusetts, struggled against hazardous conditions in the 1840s. In 1909, thousands of women in New York City's garment industry went on strike to protest sweatshop working conditions and low wages. In 1943, two hundred African-American women “sat down” at their machines in a North Carolina tobacco plant when a coworker died on the job after years of exposure to excessive heat, dust, and noise. In 1979, women led a strike to improve health and safety conditions at a poultry farm in Mississippi. Nurses often speak out about the hazards of understaffing and mandatory overtime that affect both nurses and patients. With plenty of experience behind us, we continue to take action.

In protecting women's reproductive health and justice, a strong coalition has fought against “fetal protection policies.” These policies target women on the job (particularly women of reproductive age), excluding them from hazardous jobs in the name of protecting an actual or potential fetus. This so-called protection leaves the workplace just as hazardous, puts men's reproductive health at risk, and “protects” women right out of a job. A coalition of labor, environmental, women's rights, and reproductive health organizations fought these policies all the way to the Supreme Court. In 1991, in the famous case of
United Auto Workers (UAW) v. Johnson Controls
(battery manufacturers), the Court ruled that the exclusion of fertile women, regardless of childbearing intentions, from jobs because of potential fetal injury is illegal discrimination based on sex. The American Civil Liberties Union, which supported the UAW, argued that women should be the ones to make decisions about their reproductive and economic roles. The coalition emphasized that the workplace needs to be cleaned up for everyone's sake—for women, men, and future generations.

If you are pregnant and work with hazardous substances, you may have certain rights to a job transfer or to paid or unpaid leave. Under an amendment to the U.S. Civil Rights Act, women “disabled by pregnancy” must be treated the same as other temporarily disabled workers, like those who have had heart attacks or accidents. (Disabled, in this instance, is a legal term meaning unable to do specific tasks.) Some states also have pregnancy disability acts.

Before starting a new job, ask whether the company has a specific reproductive health policy, what it is, and whether it applies to both men and women. Some companies ask employees to sign waivers stating that they are aware of the job's possible reproductive hazards and will not hold the employer liable. Some lawyers think these waivers can be challenged in court. If your employer has a policy that seems unclear or unfair on fertility, pregnancy, childbirth, or any
other issue related to reproductive health, contact your nearest committee coalition on occupational safety and health (COSH) (look under “local groups” on the national council website: coshnetwork.org) or other workplace health advocacy groups or occupational/environmental health clinics for support (see Recommended Resources).

If you are thinking about taking action in your workplace, consider the possible consequences. Although the law says that you cannot be fired for raising health and safety issues, the reality may be different. In the United States, you have the right to call an OSHA inspector to check health and safety conditions in your workplace. You can remain anonymous when you file an OSHA complaint. However, this does not ensure that your employer will not figure out who submitted the request, especially in small workplaces or when you have already been vocal about a potential problem.

Action on a particular health and safety problem often starts informally. Be sure to understand the difference between risk factors (hazards in the environment or workplace that may endanger health) and health outcomes (actual injury or sickness) and the consequences of focusing on one or the other. Try to show the connections. Show how a problem affects everyone.

Whenever possible, try to form an ongoing workers' health and safety committee. Instead of responding just to emergencies, a committee can work preventively to uncover potential problems before anyone gets hurt and approach management about them. Members of a group may be less likely to be singled out as “troublemakers” and subjected to special harassment or dismissal than individuals working alone.

Know your group's strengths, weaknesses, barriers, and opportunities. You may find support in unexpected places. Ask what other workers in your shop or community can contribute to your efforts. For example, female workers battling unhealthy indoor environmental conditions might enlist male maintenance or security workers who can help with ventilation, furniture, machines, or safety issues. Small acts of solidarity on the part of many women from all racial and socioeconomic classes can lead to substantial gains.

Susan McQuade, health and safety specialist at the New York Committee for Occupational Safety and Health (nycosh.org), talks about the committee's work:

We educate women entering the construction trades on reproductive hazards that can be encountered on the job. New York Committee for Occupational Safety and Health (NYCOSH) trainers use the
UAW v. Johnson Controls
case to demonstrate how unions have fought to better protect their members from exposure to reproductive hazards. This is particularly important for new workers who may feel pressured to accept less-than-adequate protections when exposed to hazards that can affect their reproductive health. But, while women face some unique health and safety issues, the vast majority of hazards on any construction site affect both men and women. Increased knowledge, coupled with activities organized to address health and safety concerns, are the best tools for reducing exposure to reproductive and other workplace hazards.

Here are some suggestions for improving workplace safety.

Substitute safer alternatives:
Research and press your employer to research whether a safer substance or equipment (chemical or process)
can be used. For example, encourage the employer to replace solvents with water-based products and to use natural, biodegradable cleaning products.

Isolate or enclose the process:
Can the hazardous job be moved to a different time or area when/where fewer people or even none will be exposed to danger? Can the worker be isolated from the operation, or can the process be completely enclosed? Ventilating hoods or fans can keep workers from breathing fumes.

Improve housekeeping:
Keep toxic materials from being reintroduced into the air by cleaning up. Keep dust levels down to protect workers' lungs. Move obstacles out of work areas and exits to prevent accidents. Wear masks and gloves, and use safety equipment.

Improve maintenance:
Is equipment regularly serviced and repaired?

Accept personal protective equipment as a last resort:
It is the employer's responsibility to ensure that workers are adequately protected; workers should not have to adapt to the workplace. Personal protective equipment (PPE) is particularly burdensome for women when they are pregnant. Other protections should be implemented first for all workers. Some groups, like occupational health and safety clinics and COSH groups, can help you think through whether the PPE strategy is effective and fair.

Secure protections:
Under the Americans with Disabilities Act, which includes pregnancy, women may be able to successfully secure certain protections in the workplace, such as relocation or altered work processes. To effectively activate such protection requires good strategy with other workers, advocacy groups, and unions. But don't let them “protect you” out of a job.

Create committees:
Organized groups can gather information, educate coworkers, help set priorities, and provide leadership and persistence to create change. A health and safety committee is most effective as part of a union. In the United States, a unionized company is required by law to negotiate health and safety issues with the union. For nonunionized workplaces, there may be legal guarantees providing for health and safety committees, depending on where you live. For example, in Washington State, workplaces with more than ten employees must have such a committee. Check with the national COSH network or similar networks in other countries to learn about committees in your area.

© Earl Dotter /
www.EarlDotter.com

A “guest worker” from Central America handles chickens that are about to be processed.

Negotiate contracts:
Contract negotiations offer the opportunity to address hours, wages,
and working conditions. If you belong to a union, discuss mobilizing around health issues with your union representative or organizer.

When there is no other recourse, workers may want to consider striking or other job actions organized by a labor union. Class action lawsuits are difficult to win and are usually filed only against large companies that can afford to pay damages, rather than small companies, where many women of color and low-income women work. Unions, COSH groups, and other advocacy groups (see Recommended Resources) can help you decide whether class action is a good strategy for your situation.

Protecting our communities starts at home. Many products that we use in our households on a daily basis pose a threat to our health and the health of our neighbors. Scientists are continually presenting new data about harmful health effects stemming from the use of cleaning
products, plastics, storage containers, pest control, and other household products. The best way to protect ourselves is to stay informed.

Regardless of what products are on the “most wanted” list from year to year, you can always take precautions by reducing the number of synthetic products you use, by replacing them with homemade cleaners (such as vinegar and baking soda, which are safer and less expensive to use), or by buying brands that are known to be environmentally sensitive and use few synthetic materials. Simply reducing the number and amount of products used in your house can be the greatest step toward reducing exposure.

Some important questions to ask yourself are:

• What are we buying, using, and storing, and how are we disposing of these things?

• What is in our furniture and carpets?

• Is there lead paint on our walls or asbestos wrapping on our hot water pipes?

• How can we test the water, and who is responsible for the local water supply?

• How can we tell if our food is safe, and how can we buy food that is the safest?