Occupational Hazards

We moved to a new apartment recently, and in the process of signing a lease, we provided our new landlord with references. I heard back later that the landlord said, “Mark claims to be a writer – but that just means he doesn’t have a real job, right?”

It is an occupational hazard for writers to be subject to such indignities. People who haven’t read a book since high school turn up their noses if they’re not familiar with your work. Other hazards writers face at work include paper cuts, eyestrain and procrastination. Taken all in all, it’s not bad. I’ll take writer’s cramp over black lung disease any day.

Other workers here in Vermont don’t always fare as well. Consider:

– At the Safety Medical Systems medwaste incinerator outside Burlington, a box of hypodermic needles broke over a worker’s head. The needles, which may have been carrying any number of infectious diseases, punctured his skin in numerous places. He compared the experience to an acupuncture session. His employer offered no medical treatment and never followed up on his condition.

– At the Berry Callebaut chocolate factory in St. Albans, an employee was cleaning a machine when it was inadvertently started. The woman lost her right arm. An investigation by the state found the chocolate company did not adequately train its employees in the proper operation of the machine.

– At the Rock of Ages quarry in Barre, a worker was cutting slabs of granite when his machine hit an undetonated explosive charge. The undetonated charge had been in the rock for nearly a year, and Rock of Ages knew it was there, but they failed to notify their employee. He was killed by the explosion. Perhaps he has a Rock of Ages tombstone on his grave.

In each of these instances – and dozens of others every year – employers have been found negligent in accidents which cripple or kill workers, but are not required to compensate workers or their families for the suffering and loss they inflict.

It seems odd, even paradoxical, that a state with such a progressive reputation as Vermont should have such backward laws on its books, but there it is.

According to the law of the Green Mountain State, an employer is not liable for an injury to a worker unless the employer forms a specific intent to injure the worker. In other words, an employer would have to take a deliberate action to harm or kill an employee before a victim or next of kin may take action for redress.

Chances are something as bad, or nearly as bad, is in effect somewhere near you. Most people don’t know about the status of such laws until they are grievously injured, but it should be printed on every job application.

Someone should, however, rectify this situation. The family of the man killed in the quarry has sought legal redress, to little effect so far, and there is a move afoot for legislative relief in the state capital.

All of this is opposed by the captains of industry, who claim that forcing them to ensure the safety of their workplaces will subject them to frivolous lawsuits of all kinds.

I doubt that will happen. This fight is not about the opportunity to launch a frivolous lawsuit. It’s not even about receiving justifiable damages for injuries. It’s about giving employers incentive to make the workplace safe in the first place. It’s about coming home in the evening in the same shape as you left in the morning.

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