Investigation reveals undocumented workers, unsafe conditions in oil spill cleanup

Subcontractor buses in hundreds for 100 hour weeks, OSHA safety violations
By Todd A. Heywood 8/30/10 10:06 AM

One of many pictures of the cleanup worksite that show multiple safety violations

BATTLE CREEK — An oil spill cleanup contractor from Texas has been busing in possibly hundreds of undocumented workers to Battle Creek to work on the cleanup of the Calhoun County oil spill — and having them work nearly 100 hours a week in unsafe conditions, an investigation by Michigan Messenger has found.

The Texas company, Halmark, has brought hundreds of workers to Battle Creek, putting them up in hotels and putting them to work cleaning oil-soaked islands and shorelines along the Kalamazoo river. The workers are expected to work 12 to 14 hour shifts, seven days a week, for which they receive $800 a week — in cash — a hotel room, and food while on the job sites.

After receiving an initial tip from a Halmark worker who asked not to be identified for fear of reprisals, the Michigan Messenger visited the rally site on Saturday where the workers are picked up every morning. While speaking to about two dozen men there, half of them admitted to being undocumented workers. All of them asked not to be identified.

On Sunday, a busload of 150 new workers arrived by bus from Texas. The immigration status of these new workers is unknown, but the conditions under which they will work was confirmed by Halmark workers and by multiple photographs of the worksite.

Workers are kept on the river for 12 to 14 hours a day, seven days a week, and photographs show what appear to be a number violations of safety standards. In those photos, undocumented workers are seen covered in oil and mud getting food and water. In one photo, a worker covered in oil is seen sitting on the white cooler from which workers get their water.

Messenger has submitted the photos, which one oil spill certified worker has identified as proof of violations of OSHA rules, to the Environmental Protection Agency and Enbridge for comment. The EPA is the lead agency in the cleanup response.

In an e-mail responding to the submitted photos, David Polish, spokesperson for the EPA wrote, “Thank you for bringing your concerns about worker safety to our attention. The United States Environmental Protection Agency takes the issue of worker health and safety very seriously. We have instructed Enbridge to investigate the circumstances surrounding these pictures. Once they complete their review, we will direct corrective actions if warranted.â€