V. STATEMENT OF FACTS

A. Auto Trim and Custom Trim/Breed Mexicana

Auto Trim and Custom Trim/Breed Mexicana⁽¹⁸⁾ are subsidiaries of one of the largest conglomerates of auto-part-makers in the world, Breed Technologies Inc., headquartered in Lakeland, Florida, and incorporated in Delaware.⁽¹⁹⁾ Breed Technologies is one of the world's leading suppliers of automotive occupant safety systems and steering wheels, providing its global automotive customers with research and development, engineering, and manufacturing support through its global network of facilities in 13 countries. The company employs more than 11,100 people at its 57 facilities worldwide.⁽²⁰⁾

Auto Trim, located in Matamoros, Tamaulipas, manufactures and attaches leather covers to automobile steering wheels. Custom Trim/Breed Mexicana, located in Valle Hermoso, Tamaulipas, assembles and sews leather covers onto automobile gear shift knobs. These two maquiladoras supply steering wheels and gear-shift knobs to some of the largest car companies in the world, such as General Motors, Ford and Daimler-Chrysler.⁽²¹⁾

For the past fourteen years the combined workforce at Auto Trim and Custom Trim/Breed Mexicana has ranged from approximately 1200 to 1700 workers.⁽²²⁾ The average salary for workers at both plants ranges from the equivalent of three to five U.S. dollars per day.⁽²³⁾ At Custom Trim most employees work nine hours per day, six days per week. At Auto Trim, workers typically work eight hours a day, five days a week. Workers at both plants are given two 10 to 20 minute breaks each day; depending on their particular shift and the length of their breaks, some workers are allotted a half hour for lunch.⁽²⁴⁾

B. The Assembly Processes at Auto Trim and Custom Trim/Breed Mexicana.

Workers at Auto Trim glue and sew pre-cut leather covers onto steering wheels. In the past, there were three areas on the production floor. Each area consisted of seventeen production lines where the assembly, sewing and finishing processes took place. Each production line had approximately four workers that assembled the steering wheels; twelve workers that sewed the leather; and four workers that completed the production process. There were also two workers that packaged the steering wheels. Two additional workers were available for substitution. The distance between production lines was about 2 meters (6 feet apart), and the distance between workers was around 80 centimeters (3 feet apart).

During the assembly process a worker would first secure leather onto a steering wheel with glue. Then, another worker further secured the leather on the steering wheel by means of sewing with a long needle and coarse thread. The steering wheel was then sent to the finishing phase where any excess glue was removed with solvents and the leather was trimmed with sharp scalpels.

By the beginning of 1999, the assembly process at Auto Trim had changed.⁽²⁵⁾ The production floor is now divided into several areas and each area has a number of cells (these are smaller working stations) composed of eight people each. Each cell is in a "U" shape. This means that workers now stand outward with their backs facing each other.

The new assembly process is as follows: One worker will stretch the leather to fit it tightly over the steering wheel and secure it with glue; another will further secure with glue and begin to stitch; the next four workers will continue to stitch and make the final knots. Then, there are two workers that continue to glue additional leather and straighten the stitches with a sharp fine tool into grooves that are found on each side of the steering wheel. In the finishing process, workers heat the leather on the wheel with some sort of blow dryer and use a flat based tool to eliminate the wrinkles. Lastly, a solvent will be used to finish the product. This new production process, now with fewer people on a production line, has effectively doubled production quotas.⁽²⁶⁾

At Custom Trim/Breed Mexicana workers glue and sew leather covers onto gear-shifts . The production process is similar to that of Auto Trim. The plant has multiple production lines each of which is engaged in a particular process: At Custom Trim/Breed Mexicana, the process includes: 1) "ensamble" - gluing the leather to the gear-shift; 2) "costura" - sewing the leather around the gear-shift knob; 3) "corte y botón" - trimming excess leather with a scalpel and adding more glue; 4) "plancha y hueso" - clean, soften, and dry; and 5) review and pack. Workers at Custom Trim/Breed Mexicana are spaced at arm's length or less.⁽²⁷⁾

At both plants workers perform their jobs either sitting down or standing up.⁽²⁸⁾ Workers at both Auto Trim and Custom Trim/Breed Mexicana are exposed to several kinds of glues and solvents that contain hazardous chemical substances.

C. Occupational Health and Safety Risks at Auto Trim and Custom Trim/Breed Mexicana

1. The employers fail to provide information about occupational hazards and training to reduce risk of injury

Workers at both plants complain that they receive little or no information or training about the production process, the identity and hazards of handling chemicals, the dangers posed by poor ergonomic practices, or how to reduce workplace risks. Despite legal obligations and worker requests, the maquiladoras do not regularly provide workers instructions about how to properly handle tools, glues, and solvents, or material safety data sheets that identify and describe the chemicals used in the workplace.⁽²⁹⁾ When a worker is hired, he or she is simply put to work.⁽³⁰⁾ Workers are also moved around to different areas of production, without receiving any training to perform the new tasks. The lack of information and training makes workers more susceptible to workplace injuries, illnesses and to fetal endangerment.⁽³¹⁾

Workers have also stated that they are not trained in safety procedures in case of chemical emergencies. A former Custom Trim worker described a chemical fire which broke out at a work station in the summer of 1996. The water-based fire extinguishers provided by the plant did not put out the fire. In fact, the extinguishers caused the fire to grow stronger, and in the end, the workers had to extinguish the fire themselves by smothering it. The fire produced toxic vapors, but workers were not evacuated; the plant did not even initiate a partial evacuation from the particular work area where the fire occurred.⁽³²⁾

2. Custom Trim and Auto Trim/Breed Mexicana's plant managers and supervisors pressure workers to meet excessively high production quotas without regard for their health and safety

Workers at Auto Trim and Custom Trim/Breed Mexicana are forced to meet extremely high production quotas. In 1996 and 1997, for example, the average production quota for workers at Custom Trim was 72 gear shift covers a day.⁽³³⁾ The average production quota for workers at Auto Trim in 1996 and 1997 was between 40 and 60 steering wheels covers a day.⁽³⁴⁾ After the new production process was put in place, production requirements increased.⁽³⁵⁾ As an Auto Trim worker recently explained, "My standard output was around 64 wheels per day...the production lines are now smaller workstations called celdas (cells) with 8 workers each...the production process is similar [to years past] but at a faster pace."⁽³⁶⁾ At both plants production supervisors put constant pressure on workers to meet their excessive quotas. This causes workers to overexert themselves, resulting in increased risk of injury.⁽³⁷⁾ Some workers attest that when they meet established quotas, managers then increase them. The excessive emphasis placed on production, without regard to worker and health safety, is also reflected in the long workday and work weeks at both plants. Workers are allowed only infrequent and short breaks. They also are not given adequate or any time to engage in exercises which might relax their hands and arms.

3. Poorly designed work stations continually expose workers to health and safety risks

Workers at Auto Trim generally do not have their own chairs; they must switch off with co-workers, and therefore, must often work standing up. Workers at Custom Trim/Breed Mexicana reported having chairs. However, according to Custom Trim's former nurse the chairs were metal, about 1/2 cm thick and caused workers to suffer lower back pain during their 8-9 hour shift.

Some employees complain that work stations have no anchoring device that would allow them to hold on securely to the steering wheel and gear shifts as they work on them. This results in the workers further exerting their hands, arms, and backs and in workers frequently dropping parts.⁽³⁸⁾

Workers at both plants also complain that they are squeezed into tight spaces between work stations. The closeness to each as they work with dangerous instruments, like the long sewing needles, results in cuts and gashes. In recent years Auto Trim's work station design worsened. The new "U" shape of the assembly line not only causes workers to stab themselves and each other in the arms and face, but also to stab the backs of their co-workers.⁽³⁹⁾

4. Injuries and illnesses associated with chemicals, glues, and solvents in use at Auto Trim and Custom Trim/Breed Mexican

a. Worker contact with glues and solvents

During the assembly process at Auto Trim and Custom Trim/Breed Mexicana, workers have direct contact and/or are exposed to several kinds of glues, adhesives and solvents that contain hazardous chemicals.⁽⁴⁰⁾ Workers have direct skin contact with adhesives such as Sicomet 5019 and Hallmark 7158 while cementing leather covers onto the steering wheels and the gear-shift knobs. When workers have to remove excess glue from a leather piece they come into direct contact with highly toxic solvents such as Loctite 76820 xnms, 1,1,1-Trichloroethane, Varsol and Lokweld 110. These glues and solvents are not only dangerous when there is direct skin contact, they also emanate heavy toxic vapors⁽⁴¹⁾ that workers are breathing in all day and every day, further endangering their general health.. At both plants open containers of glues and solvents are frequently kept uncovered on the work floor. In some cases, smaller open containers of these substances are kept at work stations.⁽⁴²⁾

The chemical composition of each of these substances plays a crucial role in determining the short and long term effects that workers will suffer, especially in the absence of appropriate health and safety measures. The composition of the substances used at Auto Trim and Custom Trim/Breed Mexicana is as follows:

• Sicomet 5019⁽⁴³⁾ contains Ethyl-2-Cyanoacrylate (90%) and Polymethyl Methacrylate (10%);

• Hallmark 7158⁽⁴⁴⁾ contains Acetone (15-40%), N-Hexane (15-40%), Toluene ( 7-13%) and Magnesium Oxide (1-5%);

• Loctite 76820 xmns⁽⁴⁵⁾ consists of a blend of Nitromethane (approx. 90-100%) and Toluene (approx. 3-10%);

• Lokweld 110⁽⁴⁶⁾ contains Acetone (15-40%), N-Hexane (1-5%), Hexane isomers (40-60%) and Toluene (15-40%);

• 1,1,1-Trichloroethane,⁽⁴⁷⁾ also known as Methyl chloroform, is composed of 1,1,1-Trichloroethane (96%) and Cyclic Ether (3%); and

• Varsol⁽⁴⁸⁾ consists of Petroleum Hydrocarbons, Trimethyl Benzene, and Stoddard Solvent. The manufacturer does not provide a specific percentage of each component.

b. Documented health hazards from using glues and solvents without proper safety equipment⁽⁴⁹⁾

Documented health effects of using these glues and solvents are as follows:

• Adhesives that include the chemicals in Sicomet 5019 and Hallmark 7158 can cause skin to be bonded rapidly and burned. They can also cause erythema (diffused redness on the skin), skin sensitization, systemic dermatoses, blurred vision, nasal and bronchial passage irritation, conjunctival inflammation, occupational asthma, and allergic rhinitis;

• Defatting of skin, erythema, respiratory tract irritation, sedation, dizziness and coma. Even death can occur with significant exposure and inadequate ventilation when exposed to acetone which is a component of N-Hexane, Hexane, Hexane isomers and Toluene which is contained in Hallmark 7158 and Lokweld 110;

• Eye irritation and damage to cornea by glues or vapors that include toluene, a component of Hallmark 7158, Loctite 76820, and Lokweld 110;

• Damage to liver, renal and central nervous system, also ataxia, unconsciousness, and if exposed at a high enough level, death can occur when exposed to Toluene;

• Depression of the central nervous system with possible headaches, dizziness, incoordination, narcosis, stupor, muscular weakness, and even a coma as a result of inhalation of N-Hexane, a component of Hallmark 7158 and Lokweld 110;

• Fractured skin, slower response time, liver and kidney damage, nervous system effects such as unconsciousness and decreased blood pressure as a result of exposure to 1,1,1- Trichloroethane;

• Skin disorders, irritation of eye and trachea, impaired liver and kidneys, or pulmonary dysfunction as a result of exposure to Nitromethane, contained in Loctite 76820 xmns;

• Drowsiness, anesthesia , unconsciousness and other central nervous system effects, including death when exposed to high vapor concentrations of Varsol;

• Risk of spontaneous abortion or damage to the fetus in pregnant women.⁽⁵⁰⁾

c. Worker symptoms at Auto Trim and Custom Trim/Breed Mexicana

Workers at AutoTrim and Custom Trim/Breed Mexicana commonly suffer from symptoms consistent with the unsafe use of chemicals, glues, and solvents.⁽⁵¹⁾ Many workers at Auto Trim and Custom Trim/Breed Mexicana's plants suffer chronic skin and eye irritations, dermatitis, rashes, peeling of the hands and nails, sores on and inflammation of the hands, headaches, nausea, dizziness, memory loss and other central nervous system symptoms.⁽⁵²⁾ They also exhibit respiratory problems, sore throats, nasal congestion, itching and bloody noses, sores in the mouth and on the tongue, dryness of the throat, and chronic coughing.⁽⁵³⁾ Some workers report that, at times, they feel tightness in the chest or literally are forced to gasp for air.⁽⁵⁴⁾ Some workers have fainted on the production floor.⁽⁵⁵⁾ Workers have also suffered an uncommonly high number of miscarriages, stillbirths and babies born with birth defects such as anencephaly and spina bifida.⁽⁵⁶⁾

Between 1996 and 1997, at least fourteen (14) children of workers at Auto Trim and Custom Trim were born with serious birth defects or had serious health problems; 13 of them died in infancy or right after birth.⁽⁵⁷⁾ At least 15 women employed at Auto Trim and Custom Trim suffered miscarriages in 1995 and 1996.⁽⁵⁸⁾ Former Custom Trim nurse, Affiant L, recalls that there were five miscarriages among Custom Trim workers during an approximately one month period during the summer of 1996. Affiant L stated that she knew of cases where several pregnant women had threats of miscarriage. Many of these women would suffer from heavy bleeding, nausea and would even faint on the floor.⁽⁵⁹⁾

d. Inadequate health and safety infrastructure at Auto Trim and Custom Trim/Breed Mexicana increases risks to workers from glues and solvents

As discussed in §V(C)(1), supra, former and current employees at both plants assert that they were given little or no training about workplace hazards, including the safe use of glues and solvents, and often were not informed of the identity or potential dangers posed by the chemicals to which they were exposed or instruction in how to handle chemical emergencies. Additionally, both plants have failed to provide adequate ventilation and temperature controls, and proper personal protective equipment.

One worker, Affiant Q, stated, for example,

I worked at Auto Trim for 91/2 years. I was not provided with any type of safety equipment with the exception of a dust mask. I have serious respiratory problems. I have been coughing up blood since 1995.

...there are no air extractors close to me and I need to be as far as possible from the finishing area because I feel awful, I feel like I can't breathe and that I am suffocating and that I need more air to breathe...The vapors from the chemicals also cause me to become dizzy. I feel like dying. See Affidavit C.

I have worked at Auto Trim since 1993. I was exposed to glue and solvents continuously. The smell of chemicals was overwhelming. I never wore a mask or gloves. I have had constant sinus pain in my nose and head. I have also had pain in my left arm and hand. In 1997, my son died of Spina Bifida. A doctor told me that I may have infected the baby during my wife's pregnancy and that I should wait three or four years before we have another. I am very sad about my son's death right now. See Interview D.

i. Inadequate or non-existent ventilation, exhaust systems, and temperature controls at Auto Trim and Custom Trim/Breed Mexicana

Ventilation and exhaust systems at AutoTrim and Custom Trim/Breed Mexicana are seriously deficient, causing contamination to reach levels harmful to worker health. Neither plant is set up with a safe way to dissipate or eliminate the toxic vapors. Workers stated that the only existing forms of ventilation or exhaust systems for suctioning off the vapors from glues and solvents are small air extractors or aspirator tubes ("extractores de aire") the company places next to their work stations. These devices are described as tubes or pipes running under their work stations and up through them exiting through openings in the work stations.⁽⁶⁰⁾ In theory, the tubes are meant to suck away the vapors. In reality, workers report that the air extractors are too weak to effectively aspirate the toxic vapors, that they frequently break down, or simply do not work at all.⁽⁶¹⁾ Some of the workers try to get close to the air extractors, placing the glue containers right next to them hoping that the extractors will better suction in the vapors. But the production floor supervisors admonish workers who do this telling them the glue might spill inside. Workers report that there are no windows in either plant to allow air to circulate⁽⁶²⁾ and the air conditioning system is either kept low or off, causing the temperatures inside to rise,⁽⁶³⁾ and vapors to become even more concentrated.

ii. Inadequate personal protective equipment

Workers use rags they soak in solvents with their bare hands. The concentration of vapors from the solvents become stronger in the soaked rags increasing the health hazards to the workers.⁽⁶⁴⁾ Plant managers provide no adequate personal protective gear. Such protective equipment should include chemical-resistant gloves, safety glasses with side shields, protective clothing such as coveralls, boots, aprons, and respirators. See discussion infra V(C)(4)(e).

According to workers, managers at Auto Trim and Custom Trim/Breed Mexicana occasionally provide cloth or thin plastic or rubber gloves to workers; the gloves, however, are easily damaged by solvents, thus offering little or no protection at all. The solvents make workers hands excessively dry, cause rashes, peeling, and cracked nails.⁽⁶⁵⁾ Similarly, workers were sometimes given dust masks. These, of course, cannot protect against chemical vapors. Instead, protection from chemical vapors requires dual cartridge and half mask respirators with chemical cartridges for organic vapors.⁽⁶⁶⁾ According to the workers, Auto Trim and Custom Trim/Breed Mexicana have sporadically provided plastic safety goggles or glasses that were essentially useless because they were not scratch-resistant and hampered the workers' vision. Also, for those with impaired vision, work is made even more difficult because the safety glasses do not fit over prescription eyewear.⁽⁶⁷⁾

e. Failure to institute safer protocols for handling glues and solvents

Safer alternatives to the current methods of handling chemicals used by Auto Trim and Custom Trim/Breed Mexicana exist. Occupational health specialists typically recommend several approaches to reducing workplace hazards created by toxic chemicals. The preferred method involves the substitution of toxic chemicals for those that are non-toxic.⁽⁶⁸⁾ In the event that toxic substances cannot be entirely eliminated, workplaces should monitor levels of contaminants and worker exposure, and adopt industrial ventilation and vapor extraction measures located at the sources of emission.⁽⁶⁹⁾ Localized exhaust systems, defined as ventilation systems designed to capture an emitted contaminant at or near its source before the contaminant has a chance to disperse in the workplace air,⁽⁷⁰⁾ are appropriate when: emission sources contain materials of relatively high hazards; emitted materials are primarily larger diameter particulate; emissions vary over time; emission sources consist of point sources; employees work in the immediate vicinity of the emission source; the plant is located in a severe climate; or minimizing air turnover is necessary.⁽⁷¹⁾ Ventilation and extraction devices located in a factory's walls or ceilings are not nearly as effective. Experts recommend, moreover, that extraction devices be adjustable to adequately accommodate at the sources of the emission of vapors.

Personal protective equipment (PPE) and clothing constitutes the last line of defense for workers. There is a consensus among health specialists that PPE such as respirators should not be the first choice for controlling worker exposure to hazardous chemicals. Personal respirators should be of internationally-recognized quality. Generally there are two different types of respirators: air-purifying respirators; and supplied-air respirators.⁽⁷²⁾ Air purifying respirators can purify air by absorbing gases or vapors on a sorbent (absorbing material) in a cartridge or cannister.⁽⁷³⁾ Supplied air respirators can supply clean air from a compressed air tank or through an air line.⁽⁷⁴⁾ This air should meet standards for purity and moisture content.⁽⁷⁵⁾ There should also be a complete respiratory program⁽⁷⁶⁾ that will describe the proper procedures for selecting and operating respiratory protective equipment. Dust masks should be used only to reduce exposure to dust and other particulate matter; they do not protect from toxic vapors.⁽⁷⁷⁾ According to material safety data sheets, recommended respirators for the chemicals used at Auto Trim and Custom Trim Breed/Mexicana included the following: Chemical Cartridge Respirators with organic vapor cartridge; or a Full-Face Piece Self Contained Breathing apparatus.⁽⁷⁸⁾

Health and Safety specialists also recommend protective clothing and gloves to shield workers from skin contact with toxins.⁽⁷⁹⁾ This includes chemical-resistant gloves, coveralls, aprons and safety footwear. Material safety data sheets often specify the material that is resistant to particular chemicals. Resistance is typically determined by the permeation rate, breakthrough time, and degradation of the chemical.⁽⁸⁰⁾ A "permeation rate" is the rate at which the chemical will move through the material.⁽⁸¹⁾ The higher the permeation rate, the quicker it will move through the material.⁽⁸²⁾ "Breakthrough time" is the time it takes the chemical to permeate completely through the material.⁽⁸³⁾ The measurement of the physical deterioration of a material due to contact with a chemical is called "degradation."⁽⁸⁴⁾ Each chemical used by workers must be evaluated to determine which materials provide the best resistance to protect workers from harm.⁽⁸⁵⁾ For instance, the chemical Toluene, a component of Hallmark 7158, Loctite 76820, and Lokweld 110 - substances used at Auto Trim and Custom Trim/Breed Mexicana - has a breakthrough time of less than one hour with materials such as Butyl rubber, natural rubber, neoprene, nitrile rubber, polyethylene, polyvinyl chloride, and Saranex.⁽⁸⁶⁾

Workers at both Auto Trim and Custom Trim/Breed Mexicana also need appropriate safety glasses. Examples include: Eye-cup goggles; mono-frame goggles; or even face shields. This equipment should be hermetic to assure the best protection for eyes from toxic vapors.⁽⁸⁷⁾ The goggles must be scratch-resistant so as not to interfere with workers' ability to sew and cut properly. They should also accommodate the worker who must wear prescription eyeglasses.

Sufficient air-conditioning should also be provided to make sure the goggles do not slip and the protective clothing does not overheat.⁽⁸⁸⁾ Workplaces that use chemicals, such as Auto Trim and Custom Trim/Breed Mexicana, should provide employees with showers to use at the end of the workday and lockers to keep street clothing. Work clothing should not be taken home. This precaution will reduce the risk of exposing other members of the family to toxins. Plant management should provide for regular cleaning of clothing worn at work.

Another simple method for reducing worker exposure to toxins would be to replace the vats currently used to hold chemicals with safety containers that could be hermetically-sealed. Similarly, hermetic containers should be provided for the disposal of the rags used by workers to clean-up toxic spills.

5. Injuries associated with the sewing, stretching, trimming and fitting of leather at Auto Trim and Custom Trim/Breed Mexicana

a. Musculo-skeletal damage and cuts and gashes on workers' bodies

Workers at Auto Trim and Custom Trim/Breed Mexicana receive little or no training, have poorly designed work stations, are subjected to ergonomically unsound practices which require unreasonable exertion of their hands, arms, shoulders, and backs when sewing, and lack appropriate intervention methods that will either prevent or reduce work-place injuries related to the sewing and trimming processes. The deficiencies have resulted in long term and permanent disabilities for workers at these plants. Workers also commonly suffer injuries caused by deep cuts and gashes, which result from unsafe production practices and the absence of proper personal protective equipment.

Cumulative evidence from studies indicate a causal relationship between identifiable workplace risk factors and disabilities, including musculo-skeletal disorders.⁽⁸⁹⁾ At Auto Trim and Custom Trim/Breed Mexicana, numerous workers and former workers suffer symptoms consistent with musculo-skeletal disorders. These include severe and often chronic hand, wrist, arm, shoulder, neck, and back pain.⁽⁹⁰⁾ These disabilities are recognized as musculo-skeletal disorders.⁽⁹¹⁾ There are seven recognized risk factors that have been shown to cause or contribute to musculo-skeletal disorders. The risk factors are: force;⁽⁹²⁾ awkward postures;⁽⁹³⁾ static posture;⁽⁹⁴⁾ repetition;⁽⁹⁵⁾ motion;⁽⁹⁶⁾ compression;⁽⁹⁷⁾ and vibration.⁽⁹⁸⁾ There are also modifying factors that enhance the effects of the basic risk factors. These include: intensity or magnitude;⁽⁹⁹⁾ duration;⁽¹⁰⁰⁾ and temporal profile.⁽¹⁰¹⁾ These risk factors and modifying factors are present at Auto Trim and Custom Trim/Breed Mexicana, and worker injuries at both plants are consistent with injuries that result from these factors.

In an effort to meet the excessively high productivity standards of both plants, workers engage in constant repetitive movements of hands, wrists and arms for long periods at a time.⁽¹⁰²⁾ During the sewing process, workers must pull long needles, stretching their arms out to tighten the stitches. The toughness of the leather makes sewing more difficult because workers have to put great effort into pushing and pulling the needles through the leather. Workers state that they suffer from chronic pain in their arms, wrists, necks, shoulders and backs. Workers commonly exhibit inflammation in the areas where they suffer from such chronic pain. See, e.g., Affidavits A, B, K, L, R and S. A nurse formerly employed by Custom Trim, stated that s/he knew of numerous workers who had Carpal Tunnel Syndrome⁽¹⁰³⁾ at that plant. Workers often cannot grasp objects or even carry on with daily routines at work or at home.

One worker, in his mid-twenties, stated:

At times, I do not have the strength to do simple things like household chores or pick up a glass or a book because I have no strength in my arms and hands. See Affidavit B.

Another worker stated:

My arm hurts so much that I cannot stand the pain when I wash clothes. Also, my wrist hurts a lot and I cannot sweep or mop the floors as I used to and sometimes I cannot hold on to the handrail when I ride the bus. See Interview A.

Another worker declared:

When I get off from work and go home it is very hard for me to cook. In the winter time I cannot do anything because the pain is so unbearable. My arm cramps and I have to sleep with my hands well covered and warm . . . It pains me that my daughters have to do all the household chores . . . See Affidavit C.

Auto Trim workers not involved in the sewing process have also complained of symptoms consistent with musculo-skeletal disorders. These symptoms appear to result from the repeated action, musculo-skeletal stress, and awkward posture involved in stretching leather to fit onto steering wheels.

Affiant W, for example, explains:

My job is to stretch and glue leather covers onto steering wheels, and clean excess glue with solvents. I have to stretch the leather very tautly to get it to fit over the wheel. Doing this over and over again puts a lot of stress on my hands, wrists, shoulders, neck, and back . . . . The constant physical stresses and repetition in my work causes a lot of pain in my back, shoulders, neck, my arms, wrists, and hands. I am also losing my grip, it has become much weaker.

For those engaged in the sewing and trimming processes, the actions of threading and pulling the long needles away from the leather to tighten the stitches, and the practice of using sharp scalpels to trim leather along with the toughness of the leather and lack of protective gloves and clothing also makes it easy for the workers to pierce their own fingers, hands, arms, and faces, or accidently stab fellow workers.⁽¹⁰⁴⁾

Affiant L, formerly a nurse at Custom Trim, stated:

During the sewing process the workers used scalpels ("bisturíes") to cut the leather and thread, and since the workers have no protection for their hands they often pierce their hands and fingers. Sometimes the long needles they used for sewing went all the way the through their hands. Very often workers would stab themselves because of the close proximity of the work station and I would see approximately 15 workers a day suffering from cuts, some of them severe, and the only treatment provided to them would be a band-aid or some adhesive tape, and then they would be sent back to work. See Affidavit L.

Another worker said:

I was injured with one of the large needles I used to sew the leather. The needle went all the way through my hand, causing a large gash with heavy bleeding. Injuries like this one and other cuts and accidents happened very often at Custom Trim. When we would get stabbed or cut the only treatment we received was a little disinfectant and the band-aid to cover the wound.

. . .my wife, who also worked at Custom Trim got injured with one of the scalpels as she was cutting the thread and sewing the leather covers. The scalpel went all the way through her left thumb causing heavy bleeding...she was only given a piece of gauze to cover the wound. See Affidavit B.

At Auto Trim specifically, the risk of cuts and gashes has increased.⁽¹⁰⁵⁾ In the production process in place prior to 1999, Auto Trim workers would mainly stab themselves and others in the arms and face because they were standing next to each other. Now they are stabbing each other in the back as well.⁽¹⁰⁶⁾

b. Failure to institute safer production methods and interventions that could prevent or remedy workers' injuries resulting from the sewing, cutting, and stretching of leather

Reduction of exposure to risk factors can reduce the incidence and severity of musculo-skeletal disorders.⁽¹⁰⁷⁾ Ergonomic interventions can reduce these risks. Multifactoral interventions will reduce incidences more effectively than interventions targeting only a single risk factor present in the workplace.⁽¹⁰⁸⁾ Ergonomic experts have stated: "research clearly demonstrates that specific interventions can reduce the reported rate of musculo-skeletal disorders for workers who perform high risk tasks. No known single intervention is universally successful. Successful interventions require attention to individual, organizational, and job characteristics, tailoring and the corrective action to those characteristics."⁽¹⁰⁹⁾

Ergonomic interventions should be designed specifically with respect to risks at the Auto Trim and Custom Trim/Breed Mexicana maquiladoras. To determine effective ergonomic interventions, problem areas, as well as problem-specific solutions must be identified. Workers should be fully involved in identifying problems and solutions, and participate in appropriate ongoing education and training.

One important intervention to reduce dynamic risk factors would be to slow the work pace and reduce production quotas to a realistic level that would not so drastically compromise worker health.⁽¹¹⁰⁾ Interventions to reduce force could include: the redesign of tools to reduce extreme wrist flexion, easier insertion and pressing; introduce jig fixtures to hold work pieces; provide trolleys so workers will not have to lift the wheels and materials; and reduce weight and use more flexible leather. Measures to reduce awkward posture would include: altering work stations to eliminate twisting and bending, making them adjustable; provide workstations tilted toward worker; have a 'sit/stand' work station; introduce jig fixtures to hold work pieces at proper angles that are adjustable; provide adjustable chairs with height adjustment and lumbar supports (cushions) as well as foot rests; install glue stations to reduce awkward upper-extremity postures and excessive reaches; allow for more space between work stations.⁽¹¹¹⁾

To reduce static posture Auto Trim and Custom Trim/Breed Mexicana should: vary tasks; rotate jobs; provide appropriate adjustable chairs; provide anti-fatigue mats for prolonged standing; provide adjustable work stations; and redesign assembly operations so that workers are in upright, not hunched over positions. In order to reduce repetition they should: rotate jobs; and give frequent and regular breaks.

Clearly, the adoption of several common-sense, low-cost measures would significantly reduce harm to workers at Auto Trim and Custom Trim/Breed Mexicana. Also, long-term and permanent musculo-skeletal disorders could be reduced or mitigated significantly by allowing and encouraging workers to obtain adequate treatment as soon as symptoms occur.⁽¹¹²⁾ Workers at AutoTrim and Custom Trim/Breed Mexicana, however, are not typically afforded these remedial measures - either at all, or in a timely fashion. In many cases, the failure to provide appropriate remedial measures has resulted in permanent disabilities for workers at both plants.

6. No meaningful health and safety committees or health and safety plans

Neither Auto Trim nor Custom Trim/Breed Mexicana have established functioning workplace health and safety committees or promulgated written health and safety plans, although both measures are required by law. See discussion at Part VI(A)(4)of this Submission. Mexican law intends for workplace health and safety committees, composed of workers and management, to meet regularly, investigate workplace injuries and illnesses, and make recommendations to improve worker health and safety. Mexican law also requires that employers, in conjunction with health and safety committees, develop and disseminate written health and safety programs. These are supposed to include a description of workplace hazards, and measures to reduce risk, as well as a detailed training plan designed to educate workers in methods to minimize dangers to their health and safety. Id. Information received by the submitters indicates that health and safety committees at Auto Trim and Custom Trim/Breed Mexicana have been either non-existent or non-functional, and that written health and safety plans have not been distributed. See, e.g., Affidavits B, K, L, V, W, Interview E. The following example illustrates the problem:

Affiant L explained:

Mr. Ernesto Argueta, Custom Trim Human Resource Manager and head of the health and safety committee was supposed to direct and conduct a thorough inspection of the plant. He was supposed to write the report that needed to be sent to Ciudad Victoria detailing problems in the plant. However, in his report he would only include minor problems and his solution for everything was to clean, sweep and paint. See Affidavit L.

Interviewee E described his attempts to convince Auto Trim management to allow the plant's health and safety commission to educate workers about Mexico's occupational health and safety laws, and that the committee should encourage plant compliance with these laws. He was told that "the health and safety commission was not supposed to have anything to do with [these laws]. The commission did not educate workers about the NOMs, or the legal right . . . to good health and safety conditions. The commission did not educate workers about the risks they faced at Auto Trim, and did not train workers how to reduce risk."

7. Failure to stock proper first-aid medical supplies in on-site plant infirmaries

Information received by the submitters also indicates that neither Auto Trim nor Custom Trim/Breed Mexicana stock basic first aid materials necessary to provide immediate treatment of the kinds of illnesses and injuries suffered by workers on the job. At Custom Trim/Breed Mexicana, for example, the infirmary only stocked simple band-aids, gauze, or adhesive tape, often inadequate to treat the cuts and gashes sustained by workers, and common allergy medication and aspirin, ostensibly to relieve respiratory and skin problems, headaches, and muscle pain.⁽¹¹³⁾

D. Inadequate Reporting, Diagnosis, Treatment and Compensation for Work Place Illnesses and Injuries⁽¹¹⁴⁾

Illnesses and injuries are often unreported or under-reported because Auto Trim and Custom Trim/Breed Mexicana do not always inform the STPS or the IMSS when workers become sick or are injured because of workplace conditions.⁽¹¹⁵⁾ For example, one worker, fired from Auto Trim in May 1998, had worked there for over nine years. In August 1995, he began to suffer from severe pain in his hands, arms, and shoulders. He also developed serious respiratory problems that not only made breathing difficult but also forced him to cough up blood. On many occasions the coughing was so bad that he had to put a tin can next to his work station to spit up the blood. With all these signs of illness present Auto Trim's plant managers often refused to issue and sign the MT-1 forms that would entitle him to diagnosis and treatment by the Social Security doctors and to lawfully mandated disability benefits for work-related illness. Auto Trim never reported his illness to the STPS or the IMSS. Eventually he was fired because he was considered useless. He received neither proper medical attention nor any benefits. To this day this worker cannot properly breathe and he still spits blood.⁽¹¹⁶⁾

According to Affiant L, former nurse at Custom Trim, and workers at both plants, members of management would frequently fail to report workplace accidents and injuries to avoid paying higher social security premiums. See discussion at §VI(A)(3), infra. In addition, doctors at IMSS have failed to properly diagnose and valorize worker injuries and disabilities, resulting in lower disability benefits or none at all. See §VI(B)(3), infra.

Physical therapy is sometimes provided to workers, but is offered sporadically or after permanent damage has already set in. A purportedly remedial measure often used by doctors at the maquiladoras and IMSS is an injection, referred to as "bloqueo" or "to block the pain." The bloqueo is used to numb different parts of an injured employee's body to allow the employee to continue work without further pain. "Bloqueos," however, do not provide real treatment. In fact, the bloqueos can aggravate injuries because they simply mask pain, which often causes workers to believe mistakenly they are ready to go back to work.⁽¹¹⁷⁾ Testimony provided by current and former workers suggests that treatment of symptoms caused by exposure to chemicals is usually not provided, by IMSS doctors or at the plants. Similarly, compensation for illnesses related to exposure to chemicals is not typically provided.⁽¹¹⁸⁾

As detailed further in §§VI (B)(2) and (3), legally-mandated compensation for disabilities suffered as a result of working at Auto Trim and Custom Trim/Breed Mexicana is often difficult to collect. Affiant T, for example, suffers serious pain and impeded motion in several parts of the right side of her body. She explained:

At Auto Trim, I sewed. I sewed steering wheel covers onto the steering wheels. I worked on different models. In early 1994, I began to have problems with my right arm. My arm started to hurt. . . . In July of 1994, I was working with very tough leather. This caused more pain in my arm. I went to the Social Security doctor. He stated nothing was wrong. . . .On September 13, 1996, I met with my supervisor. The company said I was not meeting the production demands. I was fired. On September 19, 1996, I accepted a permanent pension of 10% of my salary for my injuries. The only reason I accepted 10% . . . was because it was the only way I would receive medical attention. Affidavit T.

Affiant T also noted that she worked with yellow and white glues and solvents on the steering wheel covers. She said she did not receive compensation for on-going respiratory problems associated with her unprotected exposure to chemicals.

E. Informal Health and Safety Complaints, Recommendations, and Requests Made By Auto Trim and Custom Trim/Breed Mexicana Employees to Plant Management

Until April 1997, workers at Auto Trim and Custom Trim/Breed Mexicana who were concerned about the plants' health and safety conditions either kept their concerns among themselves or raised them in an ad hoc fashion with plant managers. Individual workers, for example, periodically asked for personal protective gear, better ventilation, relief from repetitive tasks which caused hand, arm, and back pain, and effective treatment and adequate compensation for illnesses and injuries related to their work. Typically, workers were either unaware that they could seek recourse from Mexican government agencies to remedy dangerous health and safety conditions, unsure of how to do so, or convinced that such requests would be to no avail, and could lead to retaliation.⁽¹¹⁹⁾

Affiant L, a nurse at Custom Trim, from 1995 until her termination in 1997, tried to obtain improvements in health and safety conditions at the plant. She made specific recommendations to plant management, sought to order medicine and materials to adequately stock the plant infirmary, and insisted on trying to refer injured or ill workers for medical treatment. Her efforts apparently led to her termination.⁽¹²⁰⁾

F. The 1997 Contract Negotiations at Custom Trim⁽¹²¹⁾

During April and May 1997, Custom Trim/Breed Mexicana workers and plant management began to negotiate a new collective bargaining agreement. In addition to asking for better wages, workers asked for improved health and safety conditions. In mid-May 1997, Custom Trim management halted negotiations. On May 10, 1997, after employees carried out a work-stoppage, management agreed to resume negotiations, and workers resumed their duties at the plant. Although negotiations were supposed to start-up again later in the afternoon of May 19, 1997, plant management evidently again declined to negotiate. The time period mid-May through mid-June was characterized by repression of the workers who demanded increased wages and improved health and safety conditions by plant managers with the support of Mexican police, Mexico's "official" labor union, the CTM, and the Public Ministry. Custom Trim/Breed Mexicana workers engaged in work-stoppages and sit-ins. On May 23, workers discovered that Custom Trim/Breed Mexicana management and Saturnino Méndez Alfaro, the CTM union leader in Valle Hermoso, had already signed a secret collective bargaining agreement which included neither an adequate wage increase nor real improvements in health and safety conditions. Recognizing that they had been outmaneuvered, employees agreed to return to work in exchange for the company's agreement not to retaliate.

Despite this agreement, on June 2, 1997, Custom Trim/Breed Mexicana fired 28 workers, all active in efforts to secure better working conditions. In August 1997, at the invitation of the Canadian Steelworkers Union, Local #1090, several of the fired workers traveled to Canada seeking advice and support. Upon their return, they were harassed by local government officials, and one former worker was the subject of death threats. Former Custom Trim/Breed Mexicana workers filed a complaint with the Mexican Conciliation and Arbitration Board challenging their terminations.⁽¹²²⁾

G. Petitions Submitted by Current and Former Auto Trim and Custom Trim/Breed Mexicana Workers to STPS, IMSS, and SSA Alleging Numerous Violations of Mexico's Occupational Health and Safety Laws

1. Petitions filed with STPS in Ciudad Victoria

On May 19, 1998, current and former employees of AutoTrim and Custom Trim/Breed Mexicana filed petitions with STPS regional headquarters in Ciudad Victoria requesting that STPS immediately conduct inspections of both plants pursuant to the LFT. The petition also alleged numerous violations of Mexico's occupational health and safety laws and regulations. A copy of this petition is attached at Appendix I.

On April 15, 1999, a second petition was filed with STPS in Ciudad Victoria. This petition, a copy of which is attached at Appendix I, again asked STPS to conduct plant inspections and alleged additional violations of Mexico's health and safety laws. Petitioners have never been notified whether inspections occurred, and if so, of the results. Upon information and belief, STPS has not conducted proper inspections of AutoTrim or Custom Trim/Breed Mexicana based on either of these petitions.

2. Petition filed with SSA in Ciudad Victoria

On April 15, 1999, current and former employees of AutoTrim and Custom Trim/Breed Mexicana filed a petition with IMSS regional headquarters in Ciudad, Victoria. The petitioners requested inspections at both plants in coordination with the STPS, pursuant to the LFT, LSS, the Mexican Constitution and other health and safety regulations and norms. The petition also requested investigations of local IMSS offices have refused to give proper medical attention and benefits to workers at both plants. In addition, they petitioned for measures to be taken against doctors in these entities who have neglected their duties. A copy of this petition is attached at Appendix I-3. IMSS has not responded to the Petitioners' requests. Shortly after the petition was filed, however, several workers currently employed at AutoTrim reported that a union representative at IMSS visited the plant demanding to know the identities of the petitioners.⁽¹²³⁾

3. Petition filed with SSA in Ciudad Victoria

On April 15, 1999, current and former employees of AutoTrim and Custom Trim/Breed Mexicana filed a petition with SSA regional headquarters in Ciudad Victoria. The petitioners requested that the SSA carry out verification visits and inspections of both plants pursuant to the laws prescribed by the LGS, the Mexican Constitution and the other applicable health and safety regulations. The petition alleged substandard working conditions, and outlined the health and safety risks associated with these conditions. A copy of this petition is attached at Appendix I. It appears that SSA has not taken appropriate action in response to their petition.