12/10 SF Forum- FedEx Murder For Profit: Health And Safety, OSHA And Trump's Nominee FedEx VP Scott Mugno

12/10 SF Forum- FedEx Murder For Profit: Health And Safety, OSHA And Trump's Nominee FedEx VP Scott Mugno
Our Lives and Health and Safety

Gary Brent FedEx Health and Safety officer and Driver Trainer
Matthew Zugsberger, UBC 34 Diver and OSHA Whistleblower at Park Service
Other Speakers

December 10, 2017 2:00 PM
Bernal Heights Library
500 Cortland Ave.
San Francisco, CA 94110

President Trump has nominated FedEx Scott Mugno who is VP for Safety, Sustainability and Vehicle Maintenance at FedEx Ground. There have been over hundreds of deaths of FedEx workers in the last 15 years. Scott Mugno has also personally retaliated against health and safety whistleblowers like Guy Cobb in Memphis, TN. who exposed serious potential dangers of an earthquake at FedEx buildings. He was targeted, bullied and fired by FedEx. Another whistleblower was Brian Gruzulski who was a FedEx mechanic at LAX who saw serious safety problems from rust and was bullied, retaliated against and fired. Gary Brent was a health and safety officer and driver trainer at FedEx ground and when he tried to enforce OSHA and EPA rules he was harassed and terminated.

At the same time Scott Mugno was also a lobbyist for the American Trucking Association ATA and he was pushing for complete deregulation of trucking with an large increase in size of trucks threatening the public and the roads. What these whistleblowers also discovered was that FedEx had captured OSHA and other federal agencies like the EPA. Officials in these agencies colluded with the company to limit their liability and prevent them being held acceptable to the workers and the public.

This forum will look at what is happening at FedEx OSHA and also the case of OSHA whistleblower and UBC 34 diver Matthew Zugsberger who reported on serious health problems at a job at Drakes Estero Rack Removal. He reported health and safety hazards and was retaliated by the Park Service, his employer and OSHA officials who engaged in a cover-up of the illegal activity.

The issue of protecting health and safety whistleblowers is critical to all and fighting for their protection is critical to the public.

Sponsored by
WorkWeek Radio
United Public Workers For Action http://www.upwa.info
Workers Solidarity Action Network
Injured Workers National Network

Just Say No to Scott Mugno as OSHA Director-Fired Federal OSHA Whistleblower Darrell Whitman Speaks Out

FedEx Truck Accident History
In the 24-month period prior to December 3, 2017, FedEx Express drivers were reported to have been involved in 1762 crashes, 575 involving injuries, including 41 deaths. From 2012, the number of crashes has increased by 254.5%; the number of injuries has increased by 192%; and the number of fatalities has increased by 273%.

FedEx Worker Gary Brent Fired For Taking Pictures of Trailers and Trailers
I am a former FedEx Express Driver Instructor that was fired for taking pictures of unsafe FedEx Ground Trailers and FedEx Express Tractors and Trailers. I refused to use these unsafe FedEx Tractors and Trailers because, I would not violate any FMCSA Regulations. I
believed if FedEx terminated me for refusing to use this dangerous unsafe equipment, OSHA and The FMCSA would come to my aid, and was I wrong. I filed all the required Whistle Blower forms with the
local Fort Lauderdale, FL., OSHA Office. I also filed complaints with the TN and PA FMCSA against FedEx for violating FMCSA Regulations. I believed that OSHA was going to work closely with the FMCSA in TN and PA., because they administer a portions of the STAA Whistle Blower Act. What I leaned from dealing with Federal Agencies was, each agency will make up their own interpretations of
Federal Laws and try to dissuade you from pursuing your Whistle Blower Claim. The OSHA case worker I had in Fort Lauderdale didn’t
even want to review my pictures of the unsafe FedEx Vehicles and my complaints against FedEx with the PA and TN FMCSA. I had numerous documents and witnesses that OSHA wouldn’t even look at. OSHA in Fort Lauderdale ruled against me, so I appealed their decision through OSHA in Washington. I was told by the OSHA Appeals Office, that I would have to pay my witnesses air fare and lodging in my appeal. Is this a Government by and for the people?
A fellow Whistle Blower, Brian Gruzalski, Aircraft Mechanic at FedEx
has endured the same corruption by FedEx and the U.S. Government
that I have. OSHA, FMCSA and FAA are corrupt.

FedEx Casts Away Air Safety for Profits
Abrolat Law pc pursues safety violation allegations against FedEx

Dec 11, 2013, 11:11 ET from Abrolat Law pc

LOS ANGELES, Dec. 11, 2013 /PRNewswire/ -- The Federal Aviation Administration (FAA) recently found FedEx Express (FedEx), the world's largest airline in terms of freight tons flown and the world's fourth largest airline in terms of fleet size, in violation of federal safety requirements. FedEx's fleet is primarily made-up of retired jetliners purchased at discount prices. The average FedEx jetliner is 20 to 40 years old. These older aircraft require significant ongoing work to ensure flightworthiness, and FedEx loses massive amounts in profit each day that one of its jetliners is on the ground for repair and maintenance.

Several Technicians from FedEx's Los Angeles International Airport (LAX) location have filed complaints with the FAA alleging that FedEx does not repair and maintain its aircraft consistent with FAA safety requirements.

These Technicians allege that FedEx knowingly falsified repair and maintenance records documenting work that was never actually performed and allowed jetliners to return to flight without necessary safety repairs and maintenance. The Technicians also contend that FedEx's safety violations resulted in FedEx aircraft flying across the United States with corrosion so extensive, that there were visible external cracks in the fuselage.

The FAA's investigation of the Technicians' complaints confirmed that FedEx has committed safety violations. Current FedEx employees contend that despite these FAA findings, FedEx has not changed its repair and maintenance practices and continues to place FedEx employees and the public at risk.

In a whistle-blower, wrongful termination lawsuit against FedEx filed this summer in Los Angeles Superior Court (Case No. BC512638), a former Technician at FedEx's LAX location, Brian Gruzalski, alleges that he repeatedly complained to FedEx about its practice of violating safety regulations. Gruzalski commented, "FedEx has been trying to cut corners to increase profits by simply not doing the required safety maintenance on very old planes." Gruzalski also claims that while employed, he observed FedEx impose unreasonable time limits on safety maintenance work: "It should be understood that maintenance on old, worn-out jetliners is going to take longer to properly repair than new planes."

According to the lawsuit, which is being pursued by Gruzalski and Abrolat Law to stop these practices, FedEx has retaliated against experienced, senior Technicians who complain about the safety violations, and ultimately fired Gruzalski due to his complaints.

Anyone with information relevant to our investigation is encouraged to call: 866-884-4228

Contact: Nancy Abrolat, Esq.


An Open Letter to Congress and the American People

By Darrell Whitmani

On December 5, the U.S. Senate will open hearings into President Trump’s nomination of Scott Mugno to be the Director of the Occupational Safety and Health Administration (OSHA). It’s traditional to give a President the discretion to appoint whomever she/he wants to a federal office. However, there’s a reason Congress has a say in these appointments, which is to ensur the public interest is not put at jeopardy. The nomination of Scott Mungo is one of those where
Congress must just say no to protect the public interest.

In 1969, the Senate rejected the nomination of Clement Haynsworth to the U.S. Supreme Court, a federal court judge with a history of rulings hostile to labor and civil rights. Then in 1970, the Senate rejected the nomination of G. Harrold Carswell, a federal judge who had earlier supported
racial segregation. These two judges had deeply held beliefs which affected their conduct as federal judges, and they were rejected in spite of the tradition of deferring to Presidential
nominations, because they were out of step with national interests in race and social justice.

An appointment to direct OSHA is of the same caliber as an appointment to the U.S. Supreme Court. While Supreme Court decisions carry great weight in setting national standards for rights and the protection, OSHA manages a key program in bringing those rights and protections to life
through its Whsitleblower Protection Program. This Program acts as the gate-keeper for 22 federal statutes which protect private sector employees who responsibly report threats to safety, health and financial security. When OSHA fails to ensure the Program works, bad things happen.
Some of these bad things include: OSHA’s failure for more than twenty years to timely inspect and enforce the regulations regarding fertilizer storage, which in 2013 led to a massive explosion in West, Texas which killed 15 people, twelve of whom were first-responder firemen; OSHA’s
failure in 2006 to report serious fraud in residential mortgage lending by Country-Wide Financial, which made a substantial contribution to the 2008-2009 financial meltdown; OSHA’s
repeated failures, beginning at least in 2010, to report consumer financial fraud by Wells Fargo, that led to victimizing at least 3.5 million bank customers and calls into question the regulation of the banking industry; and since the 1980s, OSHA’s practice of substantially discounting fines
issued to corporate scofflaws, which has contributed to a general belief among renegade companies that violations of safety, health, and financial security regulations carry no

Scott Mungo comes to this OSHA appointment as a senior safety and health officer at Federal Express, and as a major figure advocating on behalf of the U.S. Chamber of Commerce for lower regulatory protection. Workplace-based illnesses, injuries, and deaths have been rising, as has
fraud in the financial industry. Yet, OSHA’ response has been to water-down its reporting of work-place casualties, and step back from watch-dogging the financial industry. This argues
OSHA needs new, strong leadership rooted in the public interest, rather than a director who will accelerate its capture by scofflaw corporations. FedEx has been one of those scofflaw companies that have actively sought to undermine workplace, and thereby public, regulatory protection by
attacking employees who report violations of safety, health, and financial security regulations. Coming from this culture is hardly an endorsement of Mugno’s commitment to the public

The issue isn’t Scott Mungo per se, or the President’s right to determine nominations: it’s the national interests. As the nation’s primary gate-keeper for regulating the private sector through its WPP, OSHA plays a key role in regulatory governance. It’s inconceivable OSHA can carry out the mission of the WPP under the supervision of someone who’s a devoted opponent of regulation, and whose own history is tainted by a disregard for safety and health regulation. A
thorough vetting of the Mugno nomination is required, and that vetting should include testimony from present and former FedEx employees who know the real stories that don’t appear in FedEx’s public relations gambits. There is a long line of these employees waiting to testify, if the Senate chooses to know the facts and not just FedEx public relations. Once this larger picture is visible, Congress must then just say no to Mugno and yes to public safety to protect its own
integrity as well as that of OSHA and the federal regulatory system.

i Dr. Darrell Whitman is an attorney, scholar, union official, and former Regional Investigator working in OSHA’s
Whistleblower Protection Program. He was fired in May 2015 after publicly challenging corruption in the Program,
which he reported to the federal Office of Special Counsel. The OSC is currently considering an investigation of
OSHA and other federal agencies and officials to determine the extent of the corruption of the national regulatory


Texas Family files wrongful death lawsuit in FedEx mechanic death at Lubbock airport


Tuesday, October 31st 2017, 8:52 am PST

By Amber Stegall, Digital Content ManagerCONNECT

FedEx plane at the Lubbock airport (Source: KCBD)
The law firm of Glasheen, Valles & Inderman has filed a wrongful death lawsuit against FedEx Freight, Inc. in Lubbock County District Court Tuesday on behalf of Tandi Wagner and Kristi Ramirez for the wrongful death of their father, 60-year-old Michael Merton. Merton was killed on October 17 when he was crushed inside of the airplane on which he was working.

Officials have not released any identifying information or specifics on what happened and FedEx officials said they were cooperating with the investigative authorities.

Officials with the FAA released a statement saying, "We will investigate the accident to determine whether the maintenance was being performed in accordance with approved safety procedures and if the mechanic had received adequate training."

FedEx officials also issued a statement saying, "We are deeply saddened by this tragic accident. Our thoughts and prayers are with the family, friends and colleagues affected by the loss of our team member. We are cooperating fully with investigating authorities."

The lawsuit is the first information provided to the media about what possibly happened that day.

The lawsuit names FedEx Freight, Inc., Merton’s employer, as the sole defendant, and it alleges that FedEx failed to train its employees regarding safety procedures, failed to follow safety procedures, and failed to provide a safe place to work. The plaintiffs in the lawsuit are seeking exemplary damages for the loss of their father.

Kevin Glasheen, the attorney for the plaintiffs, said one of the reasons for filing the lawsuit was the complete lack of information and communication from both FedEx and the Federal Aviation Administration.

"My Clients want to know why their Dad died, and they want to make sure this doesn’t happen to anyone else. These kinds of work injuries are usually a failure of the lockout/tagout procedure that’s supposed to make sure machinery isn’t activated during maintenance. That will be our first line of inquiry," said Glasheen.