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Community, unions launch investigation of worker’s death

Published Nov 26, 2006 9:53 AM

The Committee for Justice for Hector Rivas—a powerful coalition of unions, community organizations, City Council members of color and families of victims of job-related accidents—held a news conference Nov. 15 in Boston to demand an independent investigation of Rivas’ death last spring.


Boston news conference Nov. 15.
WW photo

Rivas, a Boston school-bus mechanic and member of United Auto Workers Local 1596, was found overcome by carbon monoxide in the driver’s seat of a service van on March 9. Rivas had been helping to jump-start buses with a gasoline-powered generator installed in the back of the van. Without sufficient ventilation in the van, Rivas was exposed to 11 times the “permissible level” of the poisonous gas.

“Hector did not die March 9,” said Tony Hernandez, organizer, Painters and Allied Trades District 35, at the conference. “He was dying slowly for more than two years. This is a criminal case. We have hundreds of thousands of workers across the country dying slowly, every day.”

Boston contracts First Student Inc. to administer all business related to maintaining and operating school buses. Despite two years of complaints by the mechanics, First Student refused to spend the paltry $70 dollars to ventilate the service trucks.

On April 18, another mechanic, Miguel Camacho, was injured when an illegally modified airlift struck him.

Pledging both local and international union support, UAW Local 1596 President Don Boehner declared: “When one of us dies, we want recognition in the papers. Not because we want fame or attention in our death, but because a light needs to be shed on the issues that caused the death. We are concerned about our workers, school bus drivers, the children, and all the drivers in the city.”

City Councilor Charles Yancey said that the city and the media employ a racist double standard when the death involves someone from communities of color. “I will say that racism is involved in this case,” said Yancey.

The major corporate media boycotted the news conference. News conference participants agreed that the boycott confirmed that racism is a defining issue in this case.

Reporters for two community newspapers, La Semana and The Bulletin, attended the news conference. La Semana, a Spanish-language paper serving the Latin@ community, carried full coverage and three pictures, including one on the front page.

Independent investigation launched

News conference participants went on to cement a broad coalition. It includes the Rivas and Camacho families, the UAW, Painters District 35, the Boston school bus drivers union United Steel Workers Local 8751, Bishop Filipe Teixeira, the Rosa Parks Human Rights Day Committee, Voices of Liberation, the Women’s Fightback Network, the Mass. Coalition on Occupational Safety and Health, student and community activists, and “Team Unity”—the city’s Councilors of Color, who are Chuck Turner, Felix Arroyo, Charles Yancey and Sam Yoon.

Turner said: “We are supporting a call for the independent investigation. It is imperative that we link the death of Hector Rivas with the current problems and failures of the city’s school buses.”

Later that day, Team Unity introduced to the City Council a resolution concerning the Rivas and Camacho cases specifically and school bus safety generally. The resolution called for a comprehensive review of the bus fleet and a hearing on school-bus safety on Dec. 4 at 6 p.m. at City Hall. The resolution passed unanimously.

Already, the Committee for Justice’s actions have sent ripples of fear through First Student Inc. and the city. An inspection of all buses is now under way. A source involved in this inspection has reported that already 100 buses have failed, sending First Student into a frenzied effort to obtain sufficient buses. Mechanics have stated that First Student is failing to fully repair known vehicle troubles and has downgraded preventive maintenance to cut costs.

At the news conference, the committee stated its position that the city and School Department must not be permitted to evade their responsibility for these tragedies. Many critical questions need answers. For example, the company’s cutbacks led to removing Rivas’ partner so that he was working alone that fateful morning. Who ordered the cutback? All responsible parties must be held accountable for failing to provide safe working conditions such as properly ventilated work areas.

After the Occupational Safety and Health Administration’s investigation earlier this year, OSHA charged First Student Inc. with 11 accounts of safety violations and one count of willful negligence leading to death. First Student Inc. has contested all counts. Many believe the OSHA fines represent only a slap on the wrist. Since its investigation was limited to First Student, OSHA had no authority to address the city’s accountability.

Speakers noted that this fact alone highlights the need for an independent investigation led by the family, the unions and the community, an investigation free from interference from those responsible for the problem.

“We must examine Rivas’ death within the larger context,” said Councilor Sam Yoon. “What is the political issue of the year? Immigration. Immigrants do the 3 D’s—difficult, dirty, and dangerous work. They have become the scapegoat for all of America’s problems. These jobs will always be here. The face of this work is changing. We must recognize this change. Hector Rivas’ life must be recognized in that change.”

The loss of Hector Rivas’ life has exposed issues such as racism, labor rights, environmental racism and corporate greed. “We are working people,” said Dorotea Manuela of New Mission High School. “We don’t have a lot of money. First Student Inc. and the city have money and lawyers. All we have is our muscle. But we will stand up united to fight. Not another death! Not another injury!”

Sara Mokuria, Cassandra Clark Mazariegos and Steve Kirschbaum contributed to this report.