Testimony of Chris Proctor before Committee on Civil Service and Labor Workplace Safety Issues in New York City: Workplace Injuries December 12, 2006

Dec 12, 2006 12:00 AM

Good afternoon.  My name is Chris Proctor, a UFT industrial hygienist.  I am testifying on behalf of Randi Weingarten, president of the United Federation of Teachers (UFT), which represents approximately 110,000 employees in New York City’s public schools. Thank you for the opportunity to testify today on the issue of workplace injuries and illnesses and their impact on UFT members.  

Every day we see the human toll workplace injuries and illnesses take on our members and the real tragedy is such injuries and illnesses are, for the most part, preventable.  Existing laws and regulations have failed to convince our employer, the New York City Department of Education, to take all of the steps needed to make schools safe. 

When one thinks of a typical school, one doesn’t think in terms of high-risk environments and work tasks.   I’d like to describe some of these high-risk environments and work tasks affecting our paraprofessionals, teachers and secretaries. 

Paraprofessionals provide services to students by assisting teachers in a variety of classroom settings, including working with special education populations, an assignment with far greater occupational safety and health risks. Of most concern to paraprofessionals are the problems faced when working with “medically fragile” students in need of complex and sophisticated medical assistance. Paraprofessionals in these classes are required to perform job duties similar to those performed by a nurse or nurses aide in a hospital or nursing home: they clean, feed and diaper students, as well as lift them and assist them in going to the bathroom.  While they are not medical professionals, paraprofessionals frequently face situations with students which may result in exposure to urine as well as feces, blood and other potentially infectious materials. 

When working with medically fragile children, the job responsibilities of paraprofessionals require them to perform interventions similar to those performed by nurses.  These duties can lead to musculoskeletal disorders, primarily back injuries.  Job responsibilities include diapering adolescents; lifting heavy students who cannot move; dressing, toileting and sometimes bathing students; and assisting non-ambulatory students with movement of all types, including transfers.  This work increases the risk factors that may contribute to development of crippling work-related musculoskeletal disorders (MSDs)  In addition paraprofessionals are at risk for developing musculoskeletal disorders.  In the course of performing their jobs, they have a high incidence of back injuries as a result of ergonomically improper working conditions within the school system. 

A para in a Manhattan school was assigned to work with a student who used a wheelchair and weighed 250 pounds.  The student was paralyzed from the waist down and also in one arm.  She required toileting care.  At the time the para was given this assignment she had no training in how to provide proper care for this student.  She informed the principal, who passed on the information to the supervisor of special education services in her district.  The supervisor told the paraprofessional that instead of receiving training from the Department of Education, she would receive toileting instructions from the student’s mother.  Thinking there was no where else to turn, she received an informal 15-minute lesson from the mother – and nothing more!

In order for the student to go to the bathroom the paraprofessional was expected to move the 250-pound student from the wheelchair to a special seat that the para had to attach to the toilet.  At this point the para was expected to change the student’s diapers.  During her first day working with this student, she discovered the girls’ bathroom was not wheelchair-accessible, so they had to use the boys’ bathroom.  Even worse, the para discovered the wheelchair slid back when she attempted to begin the toileting.  As a result, another paraprofessional was assigned to assist by holding the wheelchair in place.  No one was assigned to help the para lift the student and change her diaper.   It is no surprise that on the third day of her new assignment the student fell on top of the para.  She has permanent injuries to her back and pelvis and it is unlikely she will be able to bear children.  The para was only 21 years old at the time.

Paraprofessionals routinely report to us that they consider assaults and accidents to be part of their job.  This culture of acceptance is part of the indoctrination of this segment of the workforce.  If they are smacked, kicked, slapped, stabbed or suffer severe back strain from lifting and transferring their limited mobility students, they are told this is part of their job.  In surveys we conducted approximately half of the paras report they are assaulted and about a third report that they are repeatedly injured on the job.  Yet less than half of one percent ever reported these incidents.

Secretaries

The majority of the 1,400 school buildings in the New York City public school system are more than fifty years old and the offices were not designed for accommodating new technology.  The predominant problems in many school offices are lack of space, poor workstation design, and inefficient set-up of equipment and furniture.  Computers are bolted on the right or left side of the desk forcing secretaries to work on a twist while viewing the monitor.  Such positions cause neck, shoulder and lower back muscle fatigue and strain and frequent headaches.  Secretaries often compound the musculoskeletal strain by cradling the phone between one ear and a hunched-up shoulder while doing other tasks, such as typing at the keyboard.

Often there are no keyboard platforms or trays so the secretaries must work with the wrists bent up, often leaning on the sharp, hard edge of the desk.   Again, it is no surprise that a number of our secretaries have been diagnosed with repetitive strain injuries and musculoskeletal disorders.  

We will speak to the two secretaries, Margaret Cherena (PS 54Q) and Eleanore Viriglio (PS 99Q) whose names were provided by Jackie Ervolina.

 

Bloodborne Pathogens

Another hazard facing our members is the risk of exposure to bloodborne pathogens when there is contact with blood - whether as a result of an assault or incident or as a result of one’s work tasks.  The DOE remains out of compliance with the OSHA/PESH bloodborne pathogen standard and fines are accruing daily.      

Let me tell you what happened to one para – in her words.

“I was infected with the Hepatitis C virus while working as a paraprofessional in a NYC school. In 1996 and 1997 I was working with two wonderful students both of whom self-mutilated.  This was part of their special medical condition and I received no specialized training for this type of work.   During this time period there were at least two occasions when I was exposed to the student’s blood while I attempted to distract them from hurting themselves.  I reported the incidents and was seen by the school nurse.  I was concerned about the exposures and sought medical treatment from my physician.  My doctor gave me a tetanus shot.

Sometime later, I would say in 1999 began having certain symptoms.  As you can see, I am athletic and healthy and have always taken good care of myself.  So this was unusual.  I felt lethargic, feverish, and had flu like symptoms.  I was diagnosed with Hepatitis C in April 2003.  I did not have any of the risk factors related to hepatitis C.  I was married for twenty years, never did drugs and never had a blood transfusion.

The treatment for hepatitis C was grueling.  I had to take the hepatitis C cocktail as well as regular injections.  I missed about four or five months of work during this time, all of it was unpaid.  I completed my treatment in June 2004 and it has taken a long time for me to regain my strength and feel well.  My immune system is compromised and I continue to take time off because of hepatitis C related problems.

During the year I was under treatment, my union rep at the school was very supportive.  She went on line to research my condition and it was only then that we realized something very big.  We connected the dots and realized that I got sick from work.  Not only that, but there was a long standing OSHA law that regulated this occupational exposure.  The law is the Bloodborne Pathogen Standard.  Imagine how I felt when I realized that this could have been prevented if my boss obeyed the law.  An hour of training, provision of gloves to protect myself, and some counseling once I was exposed so that I could get the proper treatment…is all that I needed.  That is all that my boss had to do…and she did not do it.  To me this is criminal…especially when there is a law protecting people like me who work in high risk jobs with a potential to exposure.”

Our members continue to suffer from bloodborne incidents and are not provided with the following:

• mandated training for new employees and annual training;

• appropriate personal protective equipment;

• what steps to immediately take when there is contact with blood (i.e., post exposure medical evaluation and follow-up);

• Hepatitis B vaccines for those at risk staff.

We remain deeply concerned that further delays in complying with this regulation will jeopardize the health and safety of our members. 

School Safety

In 2000 the state enacted the Safe Schools against Violence in Education Act.

This law, known as SAVE, gives teachers the authority to remove disruptive students from their classrooms.  The law also mandates that school systems create school safety plans and codes of conduct.

The Union has always been committed to safety in the schools and this year we launched the SAFE SECURE SCHOOLS Initiative.   As part of this initiative we have conducted a massive outreach to our members citywide regarding the importance of reporting incidents and participating in safety programs at the school level. 

Safety and Health is everyone’s concern and the most effective programs are when labor and management collaborate.  We have strengthened our collaborative programs with the Department of Education’s Office of School Intervention and Development and we can already see some benefits as can our members.

But despite these activities more must be done to prevent workplace violence.  Regardless of whether the workplace violence is the result of an intruder, angry family member, irate parent, gang or a student - when there is an incident in a school, there is a victim and the SAVE legislation does not go far enough to protect our members from becoming victims of workplace violence. 

Here is an example of what happened during the week of December 4, 2006.

 We will provide examples for this week.

Workplace health and safety standards prevent and reduce worker injuries and illnesses.  We need effective regulations that not only prevent workplace violence but also provide protection for victims of this violence.  Staff members victimized by violence are often neglected when returning to school.  Victims of workplace violence should receive the proper follow-up services and support and should not suffer the added stress of returning to a hazardous environment. 

Schools should be havens where educators can teach and children can learn.  Our members, who work so hard to teach, should not have to fear for their safety or the safety of their students while doing their jobs.  Students should not fear coming to school.

Thank you for the opportunity you have given me to testify.