Part 5 (1/2)

the worst.

SOME OF THE MOST dangerous jobs in meatpacking today are performed by the late-night cleaning crews. A large proportion of these workers are illegal immigrants. They are considered ”independent contractors,” employed not by the meatpacking firms but by sanitation companies. They earn hourly wages that are about one-third lower than those of regular production employees. And their work is so hard and so horrendous that words seem inadequate to describe it. The men and women who now clean the nation's slaughterhouses may arguably have the worst job in the United States. ”It takes a really dedicated person,” a former member of a cleaning crew told me, ”or a really desperate person to get the job done.” dangerous jobs in meatpacking today are performed by the late-night cleaning crews. A large proportion of these workers are illegal immigrants. They are considered ”independent contractors,” employed not by the meatpacking firms but by sanitation companies. They earn hourly wages that are about one-third lower than those of regular production employees. And their work is so hard and so horrendous that words seem inadequate to describe it. The men and women who now clean the nation's slaughterhouses may arguably have the worst job in the United States. ”It takes a really dedicated person,” a former member of a cleaning crew told me, ”or a really desperate person to get the job done.”

When a sanitation crew arrives at a meatpacking plant, usually around midnight, it faces a mess of monumental proportions. Three to four thousand cattle, each weighing about a thousand pounds, have been slaughtered there that day. The place has to be clean by sunrise. Some of the workers wear water-resistant clothing; most don't. Their princ.i.p.al cleaning tool is a high-pressure hose that shoots a mixture of water and chlorine heated to about 180 degrees. As the water is sprayed, the plant fills with a thick, heavy fog. Visibility drops to as little as five feet. The conveyer belts and machinery are running. Workers stand on the belts, spraying them, riding them like moving sidewalks, as high as fifteen feet off the ground. Workers climb ladders with hoses and spray the catwalks. They get under tables and conveyer belts, climbing right into the b.l.o.o.d.y muck, cleaning out grease, fat, manure, leftover sc.r.a.ps of meat.

Gla.s.ses and safety goggles fog up. The inside of the plant heats up; temperatures soon exceed 100 degrees. ”It's hot, and it's foggy, and you can't see anything,” a former sanitation worker said. The crew members can't see or hear each other when the machinery's running. They routinely spray each other with burning hot, chemical-laden water. They are sickened by the fumes. Jesus, a soft-spoken employee of DCS Sanitation Management, Inc., the company that IBP uses in many of its plants, told me that every night on the job he gets terrible headaches. ”You feel it in your head,” he said. ”You feel it in your stomach, like you want to throw up.” A friend of his vomits whenever they clean the rendering area. Other workers tease the young man as he retches. Jesus says the stench in rendering is so powerful that it won't wash off; no matter how much soap you use after a s.h.i.+ft, the smell comes home with you, seeps from your pores.

One night while Jesus was cleaning, a coworker forgot to turn off a machine, lost two fingers, and went into shock. An ambulance came and took him away, as everyone else continued to clean. He was back at work the following week. ”If one hand is no good,” the supervisor told him, ”use the other.” Another sanitation worker lost an arm in a machine. Now he folds towels in the locker room. The scariest job, according to Jesus, is cleaning the vents on the roof of the slaughterhouse. The vents become clogged with grease and dried blood. In the winter, when everything gets icy and the winds pick up, Jesus worries that a sudden gust will blow him off the roof into the darkness.

Although official statistics are not kept, the death rate among slaughterhouse sanitation crews is extraordinarily high. They are the ultimate in disposable workers: illegal, illiterate, impoverished, untrained. The nation's worst job can end in just about the worst way. Sometimes these workers are literally ground up and reduced to nothing.

A brief description of some cleaning-crew accidents over the past decade says more about the work and the danger than any set of statistics. At the Monfort plant in Grand Island, Nebraska, Richard Skala was beheaded by a dehiding machine. Carlos Vincente - an employee of T and G Service Company, a twenty-eight-year-old Guatemalan who'd been in the United States for only a week - was pulled into the cogs of a conveyer belt at an Excel plant in Fort Morgan, Colorado, and torn apart. Lorenzo Marin, Sr., an employee of DCS Sanitation, fell from the top of a skinning machine while cleaning it with a high-pressure hose, struck his head on the concrete floor of an IBP plant in Columbus Junction, Iowa, and died. Another employee of DCS Sanitation, Salvador Hernandez-Gonzalez, had his head crushed by a pork-loin processing machine at an IBP plant in Madison, Nebraska. The same machine had fatally crushed the head of another worker, Ben Barone, a few years earlier. At a National Beef plant in Liberal, Kansas, Homer Stull climbed into a blood-collection tank to clean it, a filthy tank thirty feet high. Stull was overcome by hydrogen sulfide fumes. Two coworkers climbed into the tank and tried to rescue him. All three men died. Eight years earlier, Henry Wolf had been overcome by hydrogen sulfide fumes while cleaning the very same tank; Gary Sanders had tried to rescue him; both men died; and the Occupational Safety and Health Administration (OSHA) later fined National Beef for its negligence. The fine was $480 for each man's death.

don't get caught.

DURING THE SAME YEARS when the working conditions at America's meatpacking plants became more dangerous - when line speeds increased and illegal immigrants replaced skilled workers - the federal government greatly reduced the enforcement of health and safety laws. OSHA had long been despised by the nation's manufacturers, who considered the agency a source of meddlesome regulations and unnecessary red tape. When Ronald Reagan was elected president in 1980, OSHA was already underfunded and understaffed: its 1,300 inspectors were responsible for the safety of more than 5 million workplaces across the country. A typical American employer could expect an OSHA inspection about once every eighty years. Nevertheless, the Reagan administration was determined to reduce OSHA's authority even further, as part of the push for deregulation. The number of OSHA inspectors was eventually cut by 20 percent, and in 1981 the agency adopted a new policy of ”voluntary compliance.” Instead of arriving unannounced at a factory and performing an inspection, OSHA employees were required to look at a company's injury log before setting foot inside the plant. If the records showed an injury rate at the factory lower than the national average for all manufacturers, the OSHA inspector had to turn around and leave at once - without entering the plant, examining its equipment, or talking to any of its workers. These injury logs were kept and maintained by company officials. when the working conditions at America's meatpacking plants became more dangerous - when line speeds increased and illegal immigrants replaced skilled workers - the federal government greatly reduced the enforcement of health and safety laws. OSHA had long been despised by the nation's manufacturers, who considered the agency a source of meddlesome regulations and unnecessary red tape. When Ronald Reagan was elected president in 1980, OSHA was already underfunded and understaffed: its 1,300 inspectors were responsible for the safety of more than 5 million workplaces across the country. A typical American employer could expect an OSHA inspection about once every eighty years. Nevertheless, the Reagan administration was determined to reduce OSHA's authority even further, as part of the push for deregulation. The number of OSHA inspectors was eventually cut by 20 percent, and in 1981 the agency adopted a new policy of ”voluntary compliance.” Instead of arriving unannounced at a factory and performing an inspection, OSHA employees were required to look at a company's injury log before setting foot inside the plant. If the records showed an injury rate at the factory lower than the national average for all manufacturers, the OSHA inspector had to turn around and leave at once - without entering the plant, examining its equipment, or talking to any of its workers. These injury logs were kept and maintained by company officials.

For most of the 1980s OSHA's relations.h.i.+p with the meatpacking industry was far from adversarial. While the number of serious injuries rose, the number of OSHA inspections fell. The death of a worker on the job was punished with a fine of just a few hundred dollars. At a gathering of meat company executives in October of 1987, OSHA's safety director, Barry White, promised to change federal safety standards that ”appear amazingly stupid to you or overburdening or just not useful.” According to an account of the meeting later published in the Chicago Tribune Chicago Tribune, the safety director at OSHA - the federal official most responsible for protecting the lives of meatpacking workers - acknowledged his own lack of qualification for the job. ”I know very well that you know more about safety and health in the meat industry than I do,” White told the executives. ”And you know more about safety and health in the meat industry than any single employee at OSHA.”

OSHA's voluntary compliance policy did indeed reduce the number of recorded injuries in meatpacking plants. It did not, however, reduce the number of people getting hurt. It merely encouraged companies, in the words of a subsequent congressional investigation, ”to understate injuries, to falsify records, and to cover up accidents.” At the IBP beef plant in Dakota City, Nebraska, for example, the company kept two sets of injury logs: one of them recording every injury and illness at the slaughterhouse, the other provided to visiting OSHA inspectors and researchers from the Bureau of Labor Statistics. During a three-month period in 1985, the first log recorded 1,800 injuries and illnesses at the plant. The OSHA log recorded only 160 - a discrepancy of more than 1,000 percent.

At congressional hearings on meatpacking in 1987, Robert L. Peterson, the chief executive of IBP, denied under oath that two sets of logs were ever kept and called IBP's safety record ”the best of the best.” Congressional investigators later got hold of both logs - and found that the injury rate at its Dakota City plant was as much as one-third higher than the average rate in the meatpacking industry. Congressional investigators also discovered that IBP had altered injury records at its beef plant in Emporia, Kansas. Another leading meatpacking company, John Morrell, was caught lying about injuries at its plant in Sioux Falls, South Dakota. The congressional investigation concluded that these companies had failed to report ”serious injuries such as fractures, concussions, major cuts, hernias, some requiring hospitalization, surgery, even amputation.”

Congressman Tom Lantos, whose subcommittee conducted the meatpacking inquiry, called IBP ”one of the most irresponsible and reckless corporations in America.” A Labor Department official called the company's behavior ”the worst example of underreporting injuries and illnesses to workers ever encountered in OSHA's sixteen-year history.” Nevertheless, Robert L. Peterson was never charged with perjury for his misleading testimony before Congress. Investigators argued that it would be difficult to prove ”conclusively” that Peterson had ”willfully” lied. In 1987 IBP was fined $2.6 million by OSHA for underreporting injuries and later fined an additional $3.1 million for the high rate of c.u.mulative trauma injuries at the Dakota City plant. After the company introduced a new safety program there, the fines were reduced to $975,000 - a sum that might have appeared large at the time, yet represented about one one-hundredth of a percent of IBP's annual revenues.

Three years after the OSHA fines, a worker named Kevin Wilson injured his back at an IBP slaughterhouse in Council Bluffs, Iowa. Wilson went to see Diane Arndt, a nurse at the plant, who sent him to a doctor selected by the company. Wilson's injury was not serious, the doctor said, later a.s.signing him to light duty at the plant. Wilson sought a second opinion; the new doctor said that he had a disk injury that required a period of absence from work. When Wilson stopped reporting for light duty, IBP's corporate security department began to conduct surveillance of his house. Eleven days after Wilson's new doctor told IBP that back surgery might be required, Diane Arndt called the doctor and said that IBP had obtained a videotape of Wilson engaging in strenuous physical activities at home. The doctor felt deceived, met with Wilson, accused him of being a liar, refused to provide him with any more treatment, and told him to get back to work. Convinced that no such videotape existed and that IBP had fabricated the entire story in order to deny him medical treatment, Kevin Wilson sued the company for slander.

The lawsuit eventually reached the Iowa Supreme Court. In a decision that received little media attention, the Supreme Court upheld a lower court's award of $2 million to Wilson and described some of IBP's unethical practices. The court found that seriously injured workers were required to show up at the IBP plant briefly each day so that the company could avoid reporting ”lost workdays” to OSHA. Some workers were compelled to show up for work on the same day as a surgery or the day after an amputation. ”IBP's management was aware of, and partic.i.p.ated in, this practice,” the Iowa Supreme Court noted. IBP nurses regularly entered false information into the plant's computer system, recla.s.sifying injuries so that they didn't have to be reported to OSHA. Injured workers who proved uncooperative were a.s.signed to jobs ”watching gauges in the rendering plant, where they were subjected to an atrocious smell while hog remains were boiled down into fertilizers and blood was drained into tanks.” According to evidence introduced in court, Diane Arndt had a low opinion of the workers whose injuries she was supposed to be treating. The IBP nurse called them ”idiots” and ”jerks,” telling doctors that ”this guy's a crybaby” and ”this guy's full of s.h.i.+t.” She later admitted that Wilson's back injury was legitimate. The Iowa Supreme Court concluded that the lies she told in this medical case, as well as in others, had been partly motivated by IBP's financial incentive program, which gave staff members bonuses and prizes when the number of lost workdays was kept low. The program, in the court's opinion, was ”somewhat disingenuously called 'the safety award system.'”

IBP's att.i.tude toward worker safety was hardly unique in the industry, according to Edward Murphy's testimony before Congress in 1992. Murphy had served as the safety director of the Monfort beef plant in Grand Island. After two workers were killed there in 1991, Monfort fired him. Murphy claimed that he had battled the company for years over safety issues and that Monfort had unfairly made him the scapegoat for its own illegal behavior. The company later paid him an undisclosed sum of money to settle a civil lawsuit over wrongful termination.

Murphy told Congress that during his tenure at the Grand Island plant, Monfort maintained two sets of injury logs, routinely lied to OSHA, and shredded doc.u.ments requested by OSHA. He wanted Congress to know that the safety lapses at the plant were not accidental. They stemmed directly from Monfort's corporate philosophy, which Murphy described in these terms: ”The first commandment is that only production counts... The employee's duty is to follow orders. Period. As I was repeatedly told, 'Do what I tell you, even if it is illegal... Don't get caught.”'

A lawsuit filed in May of 1998 suggests that little has changed since IBP was caught keeping two sets of injury logs more than a decade ago. Michael D. Ferrell, a former vice president at IBP, contends that the real blame for the high injury rate at the company lies not with the workers, supervisors, nurses, safety directors, or plant managers, but with IBP's top executives. Ferrell had ample opportunity to observe their decision-making process. Among other duties, he was in charge of the health and safety programs at IBP.

When Ferrell accepted the job in 1991, after many years as an industrial engineer at other firms, he believed that IBP's desire to improve worker safety was sincere. According to his legal complaint, Ferrell later discovered that IBP's safety records were routinely falsified and that the company cared more about production than anything else. Ferrell was fired by IBP in 1997, not long after a series of safety problems at a slaughterhouse in Palestine, Texas. The circ.u.mstances surrounding his firing are at the heart of the lawsuit. On December 4, 1996, an OSHA inspection of the Palestine plant found a number of serious violations and imposed a fine of $35,125. Less than a week later, a worker named Clarence Dupree lost an arm in a bone-crus.h.i.+ng machine. And two days after that, another worker, Willie Morris, was killed by an ammonia gas explosion. Morris's body lay on the floor for hours, just ten feet from the door, as toxic gas filled the building. n.o.body at the plant had been trained to use hazardous-materials gas masks or protective suits; the equipment sat in a locked storage room. Ferrell flew to Texas and toured the plant after the accidents. He thought the facility was in terrible shape - with a cooling system that violated OSHA standards, faulty wiring that threatened to cause a ma.s.s electrocution, and safety mechanisms that had deliberately been disabled with magnets. He wanted the slaughterhouse to be shut down immediately, and it was. Two months later, Ferrell lost his job.

In his lawsuit seeking payment for wrongful termination, Ferrell contends that he was fired for giving the order to close the Palestine plant. He claims that IBP had never before shut down a slaughterhouse purely for safety reasons and that Robert L. Peterson was enraged by the decision. IBP disputes this version of events, contending that Ferrell had never fit into IBP's corporate culture, that he delegated too much authority, and that he had not, in fact, made the decision to shut down the Palestine plant. According to IBP, the decision to shut it was made after a unanimous vote by its top executives.

IBP's Palestine slaughterhouse reopened in January of 1997. It was shut down again a year later -this time by the USDA. Federal inspectors cited the plant for ”inhumane slaughter” and halted production there for one week, an extremely rare penalty imposed for the mistreatment of cattle. In 1999 IBP closed the plant. As of this writing, it sits empty, awaiting a buyer.

the value of an arm.

WHEN I FIRST VISITED Greeley in 1997, Javier Ramirez was president of the UFCW, Local 990, the union representing employees at the Monfort beef plant. The National Labor Relations Board had ruled that Monfort committed ”numerous, pervasive, and outrageous” violations of labor law after reopening the Greeley beef plant in 1982, discriminating against former union members at hiring time and intimidating new workers during a union election. Former employees who'd been treated unfairly ultimately received a $10.6 million settlement. After a long and arduous organizing drive, workers at the Monfort beef plant voted to join the UFCW in 1992. Javier Ramirez is thirty-one and knows a fair amount about beef. His father is Ruben Ramirez, the Chicago union leader. Javier grew up around slaughterhouses and watched the meatpacking industry abandon his hometown for the High Plains. Instead of finding another line of work, he followed the industry to Colorado, trying to gain better wages and working conditions for the mainly Latino workforce. Greeley in 1997, Javier Ramirez was president of the UFCW, Local 990, the union representing employees at the Monfort beef plant. The National Labor Relations Board had ruled that Monfort committed ”numerous, pervasive, and outrageous” violations of labor law after reopening the Greeley beef plant in 1982, discriminating against former union members at hiring time and intimidating new workers during a union election. Former employees who'd been treated unfairly ultimately received a $10.6 million settlement. After a long and arduous organizing drive, workers at the Monfort beef plant voted to join the UFCW in 1992. Javier Ramirez is thirty-one and knows a fair amount about beef. His father is Ruben Ramirez, the Chicago union leader. Javier grew up around slaughterhouses and watched the meatpacking industry abandon his hometown for the High Plains. Instead of finding another line of work, he followed the industry to Colorado, trying to gain better wages and working conditions for the mainly Latino workforce.

The UFCW has given workers in Greeley the ability to challenge unfair dismissals, file grievances against supervisors, and report safety lapses without fear of reprisal. But the union's power is limited by the plant's high turnover rate. Every year a new set of workers must be persuaded to support the UFCW. The plant's revolving door is not conducive to worker solidarity. At the moment some of the most pressing issues for the UFCW are related to the high injury rate at the slaughterhouse. It is a constant struggle not only to prevent workers from getting hurt, but also to gain them proper medical treatment and benefits once they've been hurt.

Colorado was one of the first states to pa.s.s a workers' compensation law. The idea behind the legislation, enacted in 1919, was to provide speedy medical care and a steady income to workers injured on the job. Workers' comp was meant to function much like no-fault insurance. In return for surrendering the right to sue employers for injuries, workers were supposed to receive immediate benefits. Similar workers' comp plans were adopted throughout the United States. In 1991, Colorado started another trend, becoming one of the first states to impose harsh restrictions on workers' comp payments. In addition to reducing the benefits afforded to injured employees, Colorado's new law granted employers the right to choose the physician who'd determine the severity of any work-related ailment. Enormous power over workers' comp claims was handed to company doctors.

Many other states subsequently followed Colorado's lead and cut back their workers' comp benefits. The Colorado bill, promoted as ”workers' comp reform,” was first introduced in the legislature by Tom Norton, the president of the Colorado State Senate and a conservative Republican. Norton represented Greeley, where his wife, Kay, was the vice president of legal and governmental affairs at ConAgra Red Meat.

In most businesses, a high injury rate would prompt insurance companies to demand changes in the workplace. But ConAgra, IBP, and the other large meatpacking firms are self-insured. They are under no pressure from independent underwriters and have a strong incentive to keep workers' comp payments to a bare minimum. Every penny spent on workers' comp is one less penny of corporate revenue.

Javier Ramirez began to educate Monfort workers about their legal right to get workers' comp benefits after an injury at the plant. Many workers don't realize that such insurance even exists. The workers' comp claim forms look intimidating, especially to people who don't speak any English and can't read any language: Filing a claim, challenging a powerful meatpacking company, and placing faith in the American legal system requires a good deal of courage, especially for a recent immigrant.

When a workers' comp claim involves an injury that is nearly impossible to refute (such as an on-the-job amputation), the meatpacking companies generally agree to pay. But when injuries are less visible (such as those stemming from c.u.mulative trauma) the meatpackers often prolong the whole workers' comp process through litigation, insisting upon hearings and filing seemingly endless appeals. Some of the most painful and debilitating injuries are the hardest to prove.

Today it can take years for an injured worker to receive workers' comp benefits. During that time, he or she must pay medical bills and find a source of income. Many rely on public a.s.sistance. The ability of meatpacking firms to delay payment discourages many injured workers from ever filing workers' comp claims. It leads others to accept a reduced sum of money as part of a negotiated settlement in order to cover medical bills. The system now leaves countless unskilled and uneducated manual workers poorly compensated for injuries that will forever hamper their ability to earn a living. The few who win in court and receive full benefits are hardly set for life. Under Colorado's new law, the payment for losing an arm is $36,000. An amputated finger gets you anywhere from $2,200 to $4,500, depending on which one is lost. And ”serious permanent disfigurement about the head, face, or parts of the body normally exposed to public view” ent.i.tles you to a maximum of $2,000.

As workers' comp benefits have become more difficult to obtain, the threat to workplace safety has grown more serious. During the first two years of the Clinton administration, OSHA seemed like a revitalized agency. It began to draw up the first ergonomics standards for the nation's manufacturers, aiming to reduce c.u.mulative trauma disorders. The election of 1994, however, marked a turning point. The Republican majority in Congress that rose to power that year not only impeded the adoption of ergonomics standards but also raised questions about the future of OSHA. Working closely with the U.S. Chamber of Commerce and the National a.s.sociation of Manufacturers, House Republicans have worked hard to limit OSHA's authority. Congressman Ca.s.s Ballenger, a Republican from North Carolina, introduced legislation that would require OSHA to spend at least half of its budget on ”consultation” with businesses, instead of enforcement. This new budget requirement would further reduce the number of OSHA inspections, which by the late 1990s had already reached an all-time low. Ballenger has long opposed OSHA inspections, despite the fact that near his own district a fire at a poultry plant killed twenty-five workers in 1991. The plant had never been inspected by OSHA, its emergency exits had been chained shut, and the bodies of workers were found in piles near the locked doors. Congressman Joel Hefley, a Colorado Republican whose district includes Colorado Springs, has introduced a bill that makes Ballenger's seem moderate. Hefley's ”OSHA Reform Act” would essentially repeal the Occupational Safety and Health Act of 1970. It would forbid OSHA from conducting any workplace inspections or imposing any fines.

kenny.

DURING MY TRIPS TO meatpacking towns in the High Plains I met dozens of workers who'd been injured. Each of their stories was different, yet somehow familiar, linked by common elements - the same struggle to receive proper medical care, the same fear of speaking out, the same underlying corporate indifference. We are human beings, more than one person told me, but they treat us like animals. The workers I met wanted their stories to be told. They wanted people to know about what is happening right now. A young woman who'd injured her back and her right hand at the Greeley plant said to me, ”I want to get on top of a rooftop and scream my lungs out so that somebody will hear.” The voices and faces of these workers are indelibly with me, as is the sight of their hands, the light brown skin crisscrossed with white scars. Although I cannot tell all of their stories, a few need to be mentioned. Like all lives, they can be used as examples or serve as representative types. But ultimately they are unique, individual, impossible to define or replace - the opposite of how this sys-tem has treated them. meatpacking towns in the High Plains I met dozens of workers who'd been injured. Each of their stories was different, yet somehow familiar, linked by common elements - the same struggle to receive proper medical care, the same fear of speaking out, the same underlying corporate indifference. We are human beings, more than one person told me, but they treat us like animals. The workers I met wanted their stories to be told. They wanted people to know about what is happening right now. A young woman who'd injured her back and her right hand at the Greeley plant said to me, ”I want to get on top of a rooftop and scream my lungs out so that somebody will hear.” The voices and faces of these workers are indelibly with me, as is the sight of their hands, the light brown skin crisscrossed with white scars. Although I cannot tell all of their stories, a few need to be mentioned. Like all lives, they can be used as examples or serve as representative types. But ultimately they are unique, individual, impossible to define or replace - the opposite of how this sys-tem has treated them.

Raoul was born in Zapoteca, Mexico, and did construction work in Anaheim before moving to Colorado. He speaks no English. After hearing a Monfort ad on a Spanish-language radio station, he applied for a job at the Greeley plant. One day Raoul reached into a processing machine to remove a piece of meat. The machine accidentally went on. Raoul's arm got stuck, and it took workers twenty minutes to get it out. The machine had to be taken apart. An ambulance brought Raoul to the hospital, where a deep gash in his shoulder was sewn shut. A tendon had been severed. After getting st.i.tches and a strong prescription painkiller, he was driven back to the slaughterhouse and put back on the production line. Bandaged, groggy, and in pain, one arm tied in a sling, Raoul spent the rest of the day wiping blood off cardboard boxes with his good hand.

Renaldo was another Monfort worker who spoke no English, an older man with graying hair. He developed carpal tunnel syndrome while cutting meat. The injury got so bad that sharp pain shot from his hand all the way up to his shoulder. At night it hurt so much he could not fall asleep in bed. Instead he would fall asleep sitting in a chair beside the bed where his wife lay. For three years he slept in that chair every night.