Labor Union Petitions Federal Oversight of South Carolina Workplace Safety, Highlights “Racial Discrimination” Root Cause

Workplace Safety
(Photo : Unsplash/Pop & Zebra)

According to AP News, a major U.S. labor group urges the federal government to take control of workplace safety oversight in South Carolina. The state is among 22 allowed to manage their occupational safety enforcement. Still, the Service Employees International Union claims South Carolina's enforcement program is inadequate, lacking real accountability due to a weak inspection force. The union pushes for increased safety measures, emphasizing the importance of a safe workplace for employees. "Make our workplace safe. Because y'all need us at the end of the day," said Shae Parker, a former Waffle House employee who spoke on Thursday at a Union of Southern Service Workers rally.

Rising Complaints

Employees from the SEIU affiliate, which originated from the southern branch of the Fight for $15 campaign, are rallying workers in fast-food chains, retail stores, and warehouses to advocate for better workplace protections. The USSW supported complaints from Waffle House staff in South Carolina's capital this summer, highlighting issues like a malfunctioning air-conditioning system. According to Parker, the extreme heat led to severe cases of heat exhaustion among cooks and servers, with some even vomiting.

The USSW sent multiple follow-ups about the location's conditions to the South Carolina Occupational Safety and Health Administration before getting a conference that ended in five minutes, which, according to the petition, illustrates the state program's "overt hostility." 

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South Carolina Department of Labor's Response

The South Carolina Department of Labor, Licensing, and Regulation stated that their state plan aligns with federal enforcement procedures. They collaborate with various groups, including the USSW, to offer free safety and health training. Lesia Kudelka, the agency's communications director, emphasized their commitment to making South Carolina a safe place to work and live for all employees through their State Plan.

The Labor Group's Petition

In the December 7 filing to the U.S. Labor Department, organizers mentioned that South Carolina lacks sufficient inspections. From 2017 to 2022, the state conducted fewer inspections than federal regulators expected, with a notable 50% drop below expectations in 2018. In 2022, South Carolina performed 287 reviews 2022, approximately 1.9 per 1,000 establishments, significantly lower than neighboring states and the national average. Additionally, the SEIU highlighted that serious safety violations in the state received weaker sanctions than the national average. South Carolina's average penalty was $2,019 in fiscal year 2022, below the national average of $3,259.

The Republican-led state, disputing a recent federal penalty increase, was dismissed by a federal court earlier this year. The filing, made on Thursday, was the latest attempt by labor groups to challenge the South Carolina Occupational Safety and Health Administration. The USSW filed a civil rights complaint in April, alleging racial discrimination by the agency for not regularly inspecting workplaces with a higher percentage of Black employees. 

The groups aim for federal pressure to bring about changes similar to Arizona's. Following the U.S. Department of Labor's re-evaluation of the Arizona State OSHA plan last year, the southwestern state implemented new standards ensuring both penalties align with federal levels.

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