Erin's Fund
738 State Road
Mapleton, ME 40757
Phone: (207) 764-3746
(207)227-8233
E-Mail: erinsfunddirector@yahoo.com

 

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"ERIN'S LAW" LEGISLATION

Erin's Law - LD 1699

An Act To Improve Workplace Safety

Erin's Fund was created to help keep our young people safe at work. Although we weren't able to keep Erin safe, we will keep her memory alive by saving other young people from being at risk in the workplace.

We are striving to get legislation passed that will require businesses open beyond the typical 8 a.m. - 5 p.m. workday to provide security systems for employees, including panic buttons. This legislation will also require that all employers have a workplace violence policy in place, and train all employees about prevention of workplace violence and what to do in the event a situation does occur.

Thanks so much to all of you who have signed letters of support to your legislator and senator so far!! We have collected many, many signatures, which show us that Maine supports protection for our children!

 

A public hearing was held on February 7th, 2006.

Testifying in support of the proposed legislation was:

** Johna Lovely
** Maine Women's Lobby
** Maine Coalition to End Domestic Violence
** AFL-CIO
** Maine Department of Labor

Testifying Neither Opposed to or In support of the proposed legislation were members from:

** L.L. Bean
** Maine Merchants Association
** Maine Restaurant Association
** Maine State Chamber of Commerce
** And several others

A Legislative work session was scheduled for February 16, 2006 in Augusta. The bill has passed as a task force that will review the text of the bill and prepare it for resubmission with more detail. The summary of current action is below.

Erin's Law - LD 1699

An Act To Improve Workplace Safety

SUMMARY

This amendment strikes the bill and replaces it with a resolve. The amendment requires the Department of Labor to coordinate a task force to conduct a study of issues relating to the workplace for the purpose of making recommendations for legislation to improve workplace safety and reduce workplace violence. The amendment defines the membership of the task force and requires it to submit a report to the joint standing committee of the Legislature having jurisdiction over labor matters with its findings, recommendations and any proposed implementing legislation.

 

 

 

ERIN'S LAW UPDATE 3/8/07

Maine... the way life should be? (an ongoing report on Erins Fund activities) Part I


Lat February I appeared before the Joint Standing Committee on Labor to testify for LD 1699 (Erin's Law). This law was meant to require all fast food restaurants, convenience stores and gas stations which are open beyond the usual business hours of 8:00 a.m. to 5 p.m. to provide security, including panic buttons, for thier employees. Following is my exact testimony:

Labor Committee Testimony – 2.7.2006..:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

Hello, my name is Johna Lovely. As most of you are likely aware, my daughter, Erin Sperrey, was a victim of workplace violence on January 2nd of 2005. On that date, she was murdered while working the three to eleven shift at Tim Horton's in Caribou, ..:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Maine. Prior to Erin's murder, I didn't think much about workplace violence or safety for our young people. My major concern was the condition of the road she drove to get to work. Erin's death brutally brought home the reality of just how unsafe many workplaces are for our young workers.

I am from Aroostook County and most of us learn in our youth that you will work and earn what you accomplish in life. Many of us have worked in places such as the one where Erin was employed. Fast food restaurants, gas stations, convenience and grocery stores are the places our youth work while in high school or college to earn spending money. Often shifts are covered only by young workers late at night and often alone or in small numbers. These are the most dangerous types of employment. The National Institute for Occupational Safety and Health has found that an average of 20 workers are murdered at work each week in the United States and that homicide is the second leading cause of death on the job, second only to motor vehicle crashes. They also report that the risk factors for violence in the workplace include, interacting with the public, exchanging money, delivering good or services, working late at night or early morning hours or working alone, to mention a few. These are all risk factors in the occupations that our youth are most likely to be employed in.

Erin was only 20 years old. She was the three to eleven shift supervisor. This is the case in many businesses that hire young people. Yet employers fail to offer young supervisors proper training in how to recognize and what to do in an instance of workplace violence. Many times there is little or no training in this area. Often they are not properly protected with security systems that allow them to alert police to possible threats.

Through Erin's Fund we have been working diligently to offer employers free help with security systems and workplace violence training for their employees. In 2005 we sent out over two hundred surveys to Aroostook County employers with self addressed stamped envelopes to assess their needs. Only twenty-two businesses even bothered to respond and we have helped with only thirteen security systems to date. It is totally unacceptable that employers in this state do not place more importance on the safety of our young workers. The cost of a security system is less than $25.00 per month, that's less than $0.83 cents per day to protect our youth. In addition, many liability insurers give a discount to businesses with security measures in place that nearly equals that fee. We willingly spend money to ensure that our children receive a proper education, we also work to get job training and employment opportunities in Maine to stop the out migration of our youth to other states for better paying jobs. We do all of this because, these are our young people and we want them to enjoy the quality of life that Maine offers and we also, as parents and grandparents, feel that they will be safer here, at home, in Maine. If we are going to keep our youth working in Maine we also need to work to ensure their safety. Crime has arrived in Maine too, everyday you read about robberies and home invasions and murders in Maine. We need legislation to ensure that young employees are properly trained to handle difficult situations and make sure they are secure in workplaces across the state.

Unquestionably, what happened to Erin is an extreme case of workplace violence for Maine. However, instances such as this are happening more frequently in Maine and we need to become better prepared to handle these situations. When a young person is faced with an intoxicated and belligerent person while alone on duty, late at night, whether that person poses a threat or not, it can be intimidating to that worker. Knowing how to handle this and other types of situations which may pose a threat of violence is imperative to workers and they need to be properly trained in how to recognize these threats and how to deal with a potentially violent individual. Also, knowing that assistance is coming at the press of a button can give young people a sense of security while on the job. Not only is this beneficial to employees but their employers as well.

Training for employees gives them a sense of belonging to an organization, therefore, making a better worker for employers and resulting in less turn-over. Before beginning employment, workers are required to fill out all required paperwork; during this orientation time why couldn't we show them a video or offer some type of workplace violence training? We wouldn't expect a cashier to start working without knowing how to use the cash register, or a delivery person to deliver pizza without knowing how to drive. How can we let any young person go into employment without knowing what to do in an emergency situation, without feeling secure on the job and that their employer cares about their well-being?

I understand that the major concern of most businesses is the expense of training in high turn-over industries. We are not talking about sending employees to a national conference on workplace violence. We are simply asking that some form of policy be in place and that employees be made aware of that policy and how to deal with potentially violent situations. Safety Works Maine has, for all employers, many services that are free. They have an extensive video library that can be used to address most safety issues in businesses. Not only that, but our goal at Erin's Fund is to, not only help with security systems, but training and policy development as well. We have done extensive research and developed supervisor and young worker trainings. We are ready and willing to do this at little or no charge to employers. It is our ongoing goal and will continue to be for many years to come.

We need to ensure that LD 1699, or as we like to call it, "Erin's Law", passes in this legislative session. Nothing we do in this state can give me back my little girl, but if we can see to it that another parent doesn't suffer what my family has in the past year, there is no reason not to do it. The reward will come when someone's child uses a panic button and is saved from a fate such as Erin's. I am here today to ask for your help in making this happen. This is so important to me that I know the rest of my life will be devoted to this cause regardless of today's outcome.

The committee, as well as other organizations that testified that day, were very kind to me. It was decided to organize a task force to examine the issue of workplace violence and make recommendations to the committee. I was graciously included on this task force.

Over the next year, I met with this task force more than eight times. Let me just say that during that time, the business organizations who were a part of the task force were not so kind behind closed doors. I was told that Aroostook County was really not a part of the larger Maine and that things worked differently outside of the "County". I was told that I really didn't understand how things work in Augusta, that this issue was not about me, that a telephone was just as good a security measure as a panic button and many other insulting things. At the last meeting I attended, tears began to roll down my face and I could not gain control over them as I realized we'd been defeated. I left my mother to finish the meeting.

Here is my response to these organizations:

1. Aroostook County is indeed a part of Maine. We have the same laws, the same crimes, and the same sentences for criminals as do other parts of the state. In addition, we pay our taxes to the state of Maine just as they do south of here and are entitled to representation in government and to have our concerns heard and taken seriously.

2. I really don't care how things work in Augusta, if I did I would run for the legislature. What I really care about is that our young people are safe and come home from thier jobs on a daily basis. As far as I'm concerned the only thing that has to do with Augusta is the state's responisibility to see that happen.

3. This issue is not about me, it is not about my family and it really isn't about Erin. She will never reap the benefits of our work. This issue is about the young people, like Erin, who go to work every day. Late at night, working alone or in small numbers, facing the public with uncertain fates. Without protection. This is about those people. This is about making sure that other families do not have to endure what our family has. That young worker don't have to endure what my daughter did. That's what this whole issue is about.

4. Lastly, I would like to know what kind of assailant will say, "Oh, ok." when you tell them, Could you hold on a second while I call 911?" Are we really that idiotic?

Here are the recommendations I made to the committee:

Recommendations for Hardware Requirements – LD 1699

All convenience stores, fast food restaurants and gas stations in which two or less employees are present at any time and which are open other than regular business hours of 8:00 a.m. until 5:00 p.m. will be equipped with a security system which includes a silent alarm dispatched directly to a private security company and forwarded immediately to emergency personnel.
A lighted parking lot which illuminates all areas of the business to include parking areas, all entrances and exits, walkways and gasoline pumps throughout hours of operations
A conspicuous notice at the entrance that states the limit of cash on hand, to be no more than $50
Window signage that allows a clear and unobstructed view of the service area and cash registers from outside the building
Height markers at all entrances.
The business shall not have window tinting that restricts view from inside the business or out.
Some of the argument I recieved on these recommendations are these:

1. We really can't limit the amount of cash in a place because of lottery payouts.

2. In some neighborhoods, people will be bothered by lighted parking lots at night.

3. And of course we know the big one, security. That will put a huge financial burden on business. What will we do about businesses in remote areas? Shouldn't we taylor this to high crime areas? Ridiculous!

The results.....

1. The department of Labor will prepare a toolkit for employers to assist in dealing with workplace. It will not be mandatory thing, nor will it be distributed statewide. But will be AVAILABLE.

Are you looking for more?

There is none.

Stay tuned for part II

 

CONTACT YOUR LEGISLATOR TO VOICE YOUR SUPPORT FOR THE CREATION OF ERIN'S LAW.

PROTECT YOUR CHILDREN AT WORK!

SENATOR BETH EDMUNDS (207) 865-3869 E-Mail

REPRESENTATIVE JOHN RICHARDSON (207) 729-5451 E-Mail

SENATOR MIKE BRENNAN (207) 773-1995 E-Mail

REPRESENTATIVE GLENN CUMMINGS (207) 775-2560 E-Mail

REPRESENTATIVE JOHSUA TARDY (207) 368-6868 E-Mail

REPRESENTATIVE DAVID BOWLES (207) 324-9325 E-Mail

SENATOR PAUL DAVIS (207) 876-4047 E-Mail

REPRESENTATIVE BOB DUPLISSIS (207) 797-8482 E-Mail

SENATOR CAROL WESTON (207) 589-4481 E-Mail

 

 

INDEX OF MAINE STATE LEGISLATORS

ANOTHER INDEX OF MAINE STATE LEGISLATORS

** For a listing of senators and legislators from other states, please visit **
state government's website.

 

 

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