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1/23/2013

Environmental Compliance_International: Use of Foreign Workers

For some reason this blog seems to be getting hijacked.  Not sure if it is technical or intentional.  I will assume the later, because who really would do such a thing?

In this blog we discuss the ethical issues related to the use of foreign workers in order to avoid environmental compliance, but actually it applies to all compliance.

In the USA there are companies that are USA owned and generally managed, but are operated with foreign labor.  This labor is obtain from contracting through a foreign staff firm.  The advantages this provides to the company is that all normal Environmental, Safety, and Health  reporting is circumvented.  And this contracted labor is not protected by whistle blowing laws.

For example one temporary power company I worked for utilizes foreign labor for its oversea operations.  This staff, including most of the management are trained overseas.  They do not adhere to OSHA or EPA standards, because they don't have to in their country of origin.  Because any injury or death is not a reportable incident for the power company, there is no real concern about EHS.  The company's senior leadership reports to its Board of Directors that there are no EHS incidents.  2 people have been killed, and several injured during operations, and yet the company's history is clean.  Looks good to the wine totting investors.

These foreign workers have no concern regarding environmental impacts of their operation.  Why, because they weren't train to care in their home country.

One would think the company with a Corporate Image, and a Board of Directors who speak of environmental conscious, would be conscious of how they operate.  But they don't, because operationally they have no clue.

But this is just one example.  Because it is more normal than not.  Safety workers in the oil & gas industry overseas are office workers.  They are expected to stay in the office and file their reports.  No walking around.

Sometimes no EHS positions are even included in the facility staff.  The plant manager will assume the role, which of course serves nobody.  The plant managers normally get salary plus bonus which means that any injuries or environmental issues could impact their bonus.

The foreign labor are well skilled.  They typically demand far less $ than their USA expat brothers/sisters.  They will not complain in fear of being sent back to their country where they will be unemployed for the remaining part of their life (loose lips sink ships).  So the company's bottom line is significantly improved, and there are no human resource issues to address.  And less likely hood of any environmental consequences; I see no evil, I hear no evil, I speak no evil.

So think of this as the Business Model of the Future.  Even for operations in the USA.  Why hire people who have rights and know their rights, when you can hire a similarly skilled person who doesn't want insurance or other benefits, and is scared to say anything?

Funny thing, this business model is not the sole property of USA operations.  Most countries utilize it in some manner or form.  This is the loop hole in compliance with any regulation.  Think about it.

Now is it ethical?  Nope, not in the least bit.  Especially when the company claims no deaths or injuries related to its operation.

But as long as the owners can drive their expensive sports cars, their kids can do was they want, and the Board is happy, who cares?

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