AFSCME files complaint against UC Berkeley for custodian’s death

By Kristen Taketa

The University of California’s largest union filed a complaint last week against UC Berkeley concerning a custodian who died from injuries he received at work, alleging the university failed to comply with proper safety policies.

The American Federation of State, County and Municipal Employees Local 3299 union, which represents about 22,000 UC service workers, announced Friday it filed a complaint with California’s Division of Occupational Safety and Health for the death of Damon Frick, a custodian at UC Berkeley.

AFSCME alleged in its complaint that on April 7, Frick was ordered by his supervisor to clean window sills using a lift 20 feet above ground, which was not a part of Frick’s job description. According to the report, the lift, which AFSCME said was more than 30 years old, became unstable and fell over. The complaint said no spotter was there for Frick, and he later died from injuries sustained during the fall.

AFSCME said UC Berkeley did not produce records showing the lift Frick used was properly maintained or that Frick had received the proper training to use the equipment.

“We have been sounding alarms for years about the hazardous working conditions and skyrocketing injury rates faced by UC Service Workers – those who do the most physically demanding labor at UC,” said AFSCME Local 3299 President Kathryn Lybarger in a press release. “This was an entirely preventable tragedy, and UC must be held accountable.”

In its complaint, AFSCME said the UC must stop assigning workers “abnormally hazardous tasks” and conduct a review of all hazardous tasks AFSCME workers must perform to ensure the safety of equipment. The complaint also said the review should ensure that no AFSCME workers are required to perform a duty not included in their job description.

AFSCME has filed a formal grievance with UC Berkeley. Frick’s family is also pursuing a wrongful death claim against the university.

In a statement, UC Berkeley said Frick received hands-on training for the proper and safe use of the lift he fell from. UC Berkeley added that the lift does not require a spotter.

“Our hearts go out to the family and friends of Damon Frick,” UC Berkeley said in the statement. “Cal/OSHA opened an investigation shortly after the incident occurred and we continue to cooperate fully in that investigation. The safety of all campus workers is, of course, of paramount concern to us.”

AFSCME and the UC recently concluded nearly two years of long and arduous collective bargaining negotiations, during which AFSCME complained about worker safety, among other things. The union has claimed before that AFSCME member injuries on the job increased 20 percent over the past five years and that one in seven of its custodial workers gets hurt while working.

“That’s not okay and that cannot continue,” said AFSCME Local 3299 spokesman Todd Stenhouse. “We need to all roll up our sleeves and work cooperatively to make sure nothing like this ever happens again.”

If a complaint received by the California Division of Occupational Safety and Health is deemed to be one detailing a serious hazard, the division will inspect the place of employment within three working days after receiving the complaint to see if citations must be issued.

[Source]: Daily Bruin