Violation Tracker

Abandoning Human Rights to Benefit Crooked Corporations

According to the grievance-based worldview of Donald Trump, the United States is constantly being cheated. He purports to be addressing this through his trade policies and his attitudes toward international organizations such as NATO. Yet he seems to be a lot less concerned about another kind of cheating: the ongoing fraud committed against the federal government by military contractors.

This is an old story yet it takes on new relevance amid the current controversies over the murder of U.S.-based journalist Jamal Khashoggi by the Saudi government and ongoing American support for the brutal Saudi military intervention in Yemen. Trump’s main justification for refusing to take stronger action against the kingdom is his claim that it would jeopardize potential U.S. arms sales to the Saudis, the value of which Trump wildly inflates.

Trump usually frames this in terms of jobs, but it is actually more a matter of revenue and profits for major weapons producers such as Lockheed Martin and Raytheon. It comes down to this: Trump is undermining the moral stature of the United States and giving a green light to despots who want to eradicate dissidents, all in the name of pumping up the cash flow of a handful of corporations.

Although he fancies himself a master dealmaker, it is unclear what Trump is receiving in return from these companies. In the past, Trump has made noise about the cost of some Lockheed and Boeing contracts but there was little follow-up. The big weapons producers are not now among the president’s favorite tweet targets.

There is every reason to believe that the big contractors are continuing their long-standing practices of charging excessive amounts for their weapons and then cheating on the terms of the contracts. Sometimes they get caught doing the latter and are made to pay penalties they can easily afford.

To take a recent example: in early November the Justice Department announced that Northrop Grumman had agreed to pay $27.45 million to resolve allegations that it overstated the number of hours its employees had worked on two battlefield communications contracts with the Air Force. This matter, like most of the cases brought against military contractors, was handled primarily under the False Claims Act, which allows for a civil settlement and monetary penalties but no criminal liability.

The Northrop case was unusual in that there was a parallel criminal investigation of one of the contracts, but the Justice Department reached an agreement with the company under which it forfeited an additional $4.2 million and no criminal charges were filed.

This was just the latest in a series of False Claims Act cases in which Northrop has paid out in excess of half a billion dollars in penalties for various contract frauds. It is far from unique in this regard. For example, as shown in Violation Tracker, Boeing has paid out $744 million in penalties in eight False Claims Act cases since 2000 and Lockheed has paid $125 million in 13 cases.

It is bad enough that President Trump is abandoning U.S. support for human rights; it is even worse that he is doing so to benefit a group of corporations that regularly cheat the government he heads.

Is There Still A Corporate Ulterior Motive Behind Criminal Justice Reform?

Is it just a coincidence that Donald Trump has decided to embrace criminal justice reform just at the time he is more likely to become a defendant himself? He’s not the only party that may have mixed motives in supporting the legislation that is being hyped as an outstanding expression of bipartisanship.

One of the prime movers behind the initiative has been Koch Industries, whose owners Charles and David Koch are the epitome of partisanship. Their role on this issue was initially puzzling, given that the Kochs were not known for supporting anything that was remotely progressive.

Three years ago, the full story began to emerge. The New York Times reported that one part of the reform being pushed by the Kochs and other business interests would require prosecutors to meet a more stringent standard in proving illicit intent, or “mens rea.” The Times stated that the Obama Justice Department was concerned that the change “would make it significantly harder to prosecute corporate polluters, producers of tainted food and other white-collar criminals.” PR Watch provided more detail on what the Kochs were up to.

In other words, what was made to look like a high-minded civic effort was also, at least in part, a move by corporations to shield themselves from prosecution. In the case of Koch Industries, the issue is far from a theoretical one. In Violation Tracker we document 275 cases in which the company has paid a total of $736 million for environmental, safety, employment and other offenses. One of these was a criminal case: In 2001 one of its subsidiaries pled guilty and paid $20 million to resolve allegations that it covered up Clean Air Act violations at an oil refinery in Corpus Christi, Texas.

Mens rea “reform” is not part of the current criminal justice package, but the issue is far from dead. Arkansas Sen. Tom Cotton just published an op-ed in USA Today calling for it to be added to the bill. Since Cotton’s support may be essential to passage, he may get his wish – and presumably the Kochs would be happy with that outcome.

Cotton is not the only one who has been beating this drum. Utah Sen. Orrin Hatch and Iowa Sen. Chuck Grassley have introduced mens rea legislation that would apply not only to criminal actions but also to “regulatory offenses.”

During the confirmation hearings on Brett Kavanaugh, Sen. Hatch brought up the issue of mens rea. He and the nominee both spoke enthusiastically on the need for “reform.” Here, as in much of the conservative discussion of the matter, proponents like to give the impression their concern is primarily with the rights of bank robbers and the like.

Yet it seems clear that the real intended beneficiaries are corporations and their executives supposedly being victimized by unjust regulations.

The issues surrounding criminal justice reform are complicated, but one thing is clear: it should not be used as a means of undermining the prosecution of corporate crime and misconduct.

The Other Rogue Banks

The slow but steady weakening of bank regulation is continuing. Responding to legislation passed by Congress earlier this year, the Federal Reserve just voted to propose new rules for a group of banks that are large but not gigantic. Congress had called for a review of banks with assets between $100 billion and $250 billion but the Fed proposals would affect some larger ones as well. In all, 16 banks would enjoy loosened restraints.

Much of the commentary on banks focuses on mega-institutions such as Bank of America, JPMorgan Chase, Citigroup and Wells Fargo. These corporations have certainly done the most harm to the economy and whose demise would have the most dire consequences.

Yet the next tier of banks have their own track record of misconduct that argues against relaxed oversight. Some of these offenses relate directly to financial risk while others do not, but they all point to the need for more regulation rather than less. Here are examples taken from Violation Tracker.

U.S. Bancorp (total penalties in Violation Tracker: $1.2 billion): paid $453 million this year to settle Justice Department allegations that it had insufficient protections against money laundering and failed to file suspicious activity reports.

PNC Financial (total penalties: $472 million): in 2003 one of its subsidiaries paid $115 million to settle criminal charges of conspiring to violate securities laws (the deal included a deferred prosecution agreement).

Capital One (total penalties: $228 million): in 2012 one of its subsidiaries paid $165 million to settle Consumer Financial Protection Bureau (CFPB) allegations that it deployed deceptive marketing tactics in its credit card business.

Charles Schwab (total penalties: $125 million): in 2011 it paid $118 million to settle SEC allegations that it made misleading statements to clients about one of its funds.

BB&T (total penalties: $93 million): in 2016 it paid $83 million to settle Justice Department allegations it knowingly originated mortgage loans insured by the Federal Housing Administration that did not meet applicable requirements.

SunTrust (total penalties: $1.5 billion): in 2014 it settled a case brought by the CFPB, the Department of Justice, the Department of Housing and Urban Development, and attorneys general in 49 states and the District of Columbia alleging that it engaged in systemic mortgage servicing misconduct, including robo-signing and illegal foreclosure practices. The settlement required SunTrust to provide $500 million in loss-mitigation relief to underwater borrowers and pay $40 million to approximately 48,000 consumers who lost their homes to foreclosure.

American Express (total penalties: $350 million): in 2017 it paid $96 million to settle CFPB allegations of having discriminated against customers in Puerto Rico and other U.S. territories by charging higher credit card rates than in the 50 states.

Ally Financial (total penalties: $668 million): in 2012 it paid $207 million to settle Federal Reserve allegations of mortgage servicing violations.

The list goes on for the remainder of the 16 banks: Citizens Financial (total penalties: $137 million), Fifth Third Bancorp ($121 million), KeyCorp ($19 million), Regions Financial ($170 million), M&T Bank ($119 million), Huntington Bancshares ($14 million) and Discover Financial Services ($232 million).

It’s interesting that the only institution on the list with a small penalty total ($203,000) is Northern Trust, which caters to corporations and wealthy individuals rather than the general public. If all the banks similar records, then perhaps some measure of deregulation might be warranted.

Yet as long as the large banks are as ethically challenged as the giant ones, they should continue to face strict oversight.

Corporate Harassment

People who are subjected to sexual harassment on the job are too often left to confront their abusers on their own. Those with means can hire high-powered legal help, as Gretchen Carlson did in her lawsuit against 21^st Century Fox that resulted in a $20 million settlement. Other survivors of abuse may not get justice.

A new initiative by Fight for $15 is making the fight against workplace harassment a collective rather than an individual struggle. In a bold new initiative for the labor movement, the campaign recently organized work stoppages at McDonald’s fast-food outlets in ten cities to protest harassment and to highlight complaints filed earlier this year with the U.S. Equal Employment Opportunity Commission.

This will not be the first time the EEOC has heard reports about such practices at McDonald’s. In 2010, for example, the company had to pay $50,000 to settle allegations of harassment by an assistant store manager in New Jersey who was reported to have touched and spanked a teenage worker.

For years, the company failed to take adequate action to deal with repeated instances in which female workers were falsely accused of stealing customer property and strip-searched by managers in response to phone calls from individuals pretending to be law enforcement officers. In 2007 McDonald’s had to pay $6.1 million to settle a lawsuit filed by a young worker in Kentucky who was also molested.

The decision of a state appeals court upholding the damage award noted that similar incidents had occurred more than 30 times at McDonald’s outlets. The ruling went on to say: “McDonald’s corporate legal department was fully aware of these hoaxes and had documented them. The evidence supports the reasonable conclusion that McDonald’s corporate management made a conscious decision not to train or warn store managers or employees about the calls.”

Corporate decisions not to take steps to protect workers were also behind many of the more than 275 cases documented in Violation Tracker in which corporations paid to settle sexual harassment allegations brought with the involvement of the EEOC. These cases together have yielded $132 million in penalties.

The tally goes back to 2000, but cases continue to the present. Among the most recent ones are the $3.75 million harassment settlement signed by Koch Foods involving poultry workers in Mississippi who also alleged racial and national origin discrimination as well as the $3.5 million settlement by outsourcing company Alorica in connection with allegations that a group of customer service representatives in California were subjected to a sexually hostile work environment.

To supplement the EEOC actions I’m in the process of collecting data for Violation Tracker on class action and individual lawsuits brought by workers separate from the agency. These will cover harassment claims as well as cases involving discrimination by employers based on gender, race, national origin, religion, sexual orientation, disability and age discrimination. I’ve already tallied more than $1 billion in settlements and verdicts involving the largest corporations.

It’s great that the MeToo and the Fight for $15 movements are highlighting the continuing problems of harassment on the job. I look forward to the day when there will not be so many such cases to document.

Note: The latest update to Violation Tracker has just been posted.

The Persistence of Bank Misconduct

Ten years ago this month, the financial crisis erupted, and within a matter of weeks the banking landscape was transformed. Merrill Lynch was taken over by Bank of America. Lehman Brothers collapsed. AIG had to be bailed out by the federal government. Goldman Sachs and Morgan Stanley, the last two independent investment houses, were forced to become bank holding companies subject to stricter regulation. JPMorgan Chase took over Washington Mutual. Congress was compelled to create the $700 billion Troubled Asset Relief Program.

What were the consequences of the widespread misconduct that caused the meltdown? Lehman turned out to be the only major institution to suffer the fate of liquidation. No top executives at any banks faced personal criminal or civil charges. The federal government sold off its holdings in the companies that were bailed out.

The most significant penalty was financial. According to data collected for Violation Tracker, banks were hit with a total of $89 billion in penalties relating to the issuance and sale of the toxic securities at the center of the crisis. More than $40 billion in penalties were imposed in related mortgage abuse cases.

While by some measures these penalties are significant, they are far less than the amount of harm the banks caused to the economy and the financial well-being of homeowners, workers and others. What is even more frustrating is that the billions in payments seem to have failed in their main purpose: discouraging banks from engaging in similar bad acts in the future.

We don’t have to wait to see if this is true. Even while they were still resolving cases stemming from the financial crisis, large banks were starting to engage in more wrongdoing.

Exhibit A is Wells Fargo, which is now more notorious for its behavior subsequent to the meltdown. It will forever be known as the bank that created millions of bogus accounts to generate illicit fees from its customers. Earlier this year, Wells was fined a total of $1 billion by the Officer of the Comptroller of the Currency and the Consumer Financial Protection Bureau. That came after the Federal Reserve took the unprecedented step of barring the bank from growing any larger until it cleaned up its business practices.

Bank of America has also been accused of harming its customers. In 2014 the CFPB ordered the bank to provide $727 million in relief to credit card holders charged for deceptive add-on services. BofA’s Merrill Lynch unit has in recent years been fined repeatedly by regulators for a variety of improper practices. In June, for example, the SEC penalized Merrill $42 million for falsely telling brokerage customers that it had executed millions of orders internally when it had actually farmed them out to other firms.

Citigroup faced its own allegations of illegal credit card practices, and in 2015 it was ordered by the CFPB to provide $700 million in relief to customers. This year, in an unusually aggressive enforcement action by the Trump-controlled CFPB, Citi was ordered to pay $335 million in restitution to 1.75 million credit card customers for failing to properly adjust interest rates.

These abuses may not jeopardize the entire economy like those of the early 2000s, but they show that the big banks remain ethically challenged.

Corporate Impunity

In the early days of the Trump era, there was speculation that the new administration would be tough on corporate crime. Attorney General Jeff Sessions gave a speech in April 2017 in which he vowed that his Justice Department “will continue to investigate and prosecute corporate fraud and misconduct; bribery; public corruption; organized crime; trade-secret theft; money laundering; securities fraud; government fraud; health care fraud; and Internet fraud, among others.’ He added that DOJ has “a responsibility to protect American consumers.”

A new report from Public Citizen and the Corporate Research Project of Good Jobs First called Corporate Impunity shows just how hollow that promise was. Based on data from Violation Tracker, it shows that during the first year of the Trump Administration there was a substantial drop in regulatory enforcement and prosecution of corporate criminal offenses. In contrast to the zero-tolerance attitude toward migrants and refugees, the administration is showing considerable indulgence when it comes to corporate offenders.

In making a comparison to the previous administration, it is worth recalling the mixed record of the Obama years. That administration had a poor record with regard to holding top corporate executives personally responsible for serious offenses such as the abuses leading to the financial meltdown and the Deepwater Horizon oil spill disaster in the Gulf of Mexico. It continued the misguided policy of offering corporate miscreants deferred-prosecution and non-prosecution agreements.

Yet at least the Obama Administration took steps to increase the financial penalties levied on corporations for their misdeeds. For the first time, billion-dollar fines and settlements became a common occurrence.

Corporate Impunity judges the Trump Administration by that same measure—the level of monetary penalties imposed on companies. It finds, for example, that such penalties imposed by the Trump DOJ in its first year were less than one-tenth the level in each of the last two years of Obama.

The report limits its analysis of regulatory agencies to those which were headed by a Trump appointee for most of 2017. Of the 12 agencies examined, ten showed a decline in the number of enforcement actions. In some cases, those drops were steep. The Federal Trade Commission and the Securities and Exchange Commission had decreases of more than 40 percent, and five others dropped more than 25 percent.

For some agencies, the decline in the number of cases was much less severe than the drop in penalty amounts. At the Environmental Protection Agency, for example, the caseload in Trump’s first year was down 12 percent while the penalty total plunged more than 90 percent.

The results for Trump’s second year are likely to be even more dismal once results are tabulated for agencies such as the Consumer Financial Protection Bureau, which racked up an impressive record during the Obama years and attempted to do the same under Trump until the agency was captured in late 2017 by the White House and subsequently neutered.

Trump’s enforcement record shows that he really is a populist—a corporate populist creating a society in which large companies reign supreme and in many ways are above the law.

Grand Theft Paycheck

For the past two decades, Walmart has repeatedly been accused of compelling workers to perform certain tasks off the clock and has paid numerous fines for those practices. It is often suggested that the retailer is an anomaly, acting more like a fly-by-night sweatshop than a corporate giant.

I recently completed a research project showing that, on the contrary, off-the-clock work, denial of overtime pay through misclassification and other forms of wage theft are pervasive in American big business. After digging through court records for much of the past year, I found more than 1,200 successful wage and hour lawsuits against hundreds of the country’s largest employers. These collective action suits have yielded some $8.8 billion in settlements and verdicts in the period since 2000. The same group of corporations have paid around $400 million in fines to the U.S. Department of Labor.

These findings are contained in Grand Theft Paycheck, a report just published by the Corporate Research Project of Good Jobs First and the Jobs With Justice Education Fund. The data has also been incorporated into Violation Tracker.

Among the dozen most penalized corporations, Walmart, with $1.4 billion in total settlements and fines, is the only retailer. Second is FedEx with $502 million. Half of the top dozen are banks and insurance companies, including Bank of America ($381 million); Wells Fargo ($205 million); JPMorgan Chase ($160 million); and State Farm Insurance ($140 million). The top 25 also include prominent companies in sectors not typically associated with wage theft, including telecommunications (AT&T); information technology (Microsoft and Oracle); pharmaceuticals (Novartis); and investment services (Morgan Stanley and UBS).

Due to Walmart, retailing is the industry with the highest aggregate penalties ($2.7 billion) imposed on large companies. It is followed by financial services ($1.4 billion); freight and logistics ($828 million); business services ($611 million); insurance ($557 million); miscellaneous services ($486 million); healthcare services ($417 million); restaurants and foodservice ($397 million); information technology ($335 million); and food and beverage products ($315 million).

More than 100 large corporations have paid penalties in three or more collective action lawsuits. Bank of America and its subsidiaries did so two dozen times.

Although there are fluctuations from year to year, the lawsuit penalty total reached a high of $1.3 billion in 2016. The tally in 2017 was $732 million, the fourth-largest yearly total.

There have been seven individual settlements in excess of $100 million, including the $640 million omnibus settlement by Walmart of more than 60 lawsuits and two FedEx settlements each in excess of $200 million. Since collective actions are usually settled before trial, there are few verdicts. But Walmart leads in that category too, with a judgment of $242 million. It has also paid the largest single fine: $33 million to the U.S. Labor Department.

The occupations represented in wage theft lawsuits range from low-wage jobs such as cashiers, cooks and security guards to higher-paid positions such as package delivery drivers, nurses, pharmaceutical sales representatives, and financial advisors.

The totals and rankings are based on penalties that were publicly disclosed, though the report documents 127 cases involving 89 large companies that petitioned courts to keep the details of their wage theft settlements confidential. AT&T, Home Depot, Verizon Communications, Comcast, Lowe’s and Best Buy each had multiple sealed settlements.

Of the ten most penalized industries, all but two—freight and information technology—employ large numbers of women, according to the Bureau of Labor Statistics. Several of these industries—especially business services, insurance and healthcare services—are predominantly female. In about half of these top ten industries, the percentage of Black and Latino workers is greater than in the workforce as a whole. For example, Black workers account for about 12 percent of the overall workforce but 20 percent of the labor force in business support services and 17 percent in freight. Latino workers account for about 17 percent of the overall workforce but about 25 percent in restaurants and foodservice and 29 percent in food and beverage production.

Many companies accused of wage theft are highly profitable. Among the dozen most penalized corporations, all but two had an annual net income of more than $2 billion in their most recent fiscal year. AT&T, JPMorgan Chase and Wells Fargo each had more than $20 billion in profits. These companies pay their chief executives generous salaries and bonuses. CEOs at AT&T, Bank of America, JPMorgan Chase and Walmart receive annual compensation of more than $20 million each.

Companies such as these can afford to pay their workers properly. It is time for Corporate America to remove wage theft from its business model.

Bumble Bee CEO Gets Stung

Corporate critics, myself included, have long complained about the unwillingness of federal authorities to hold top executives personally responsible for illicit practices at the businesses they run. It was thus surprising but encouraging to learn that the Justice Department Antitrust Division has gotten a grand jury to return an indictment against the chief executive of Bumble Bee Foods for participating in a conspiracy to fix prices of packaged seafood sold in the United States.

The case against Christopher Lischewski comes in the wake of the prosecution of the company itself, which last year agreed to pay a criminal fine of $25 million, which under certain circumstances could rise to more than $80 million. The investigation has also ensnared several other individuals, including two at Bumble Bee, which is owned by the British private equity firm Lion Capital, and one at rival Star Kist.

We can hope that these cases are a sign that the Trump Administration’s Antitrust Division is taking its job seriously. Since Trump took office, the division has announced several large penalties against foreign banks such as France’s BNP Paribas for manipulation of currency markets, but this was the continuation of an investigation that began under Obama.

Some other Trump era cases have been pretty minor, such as the $409,342 fine imposed on an e-commerce company for fixing the price of promotional wristbands.

Price manipulation relating to consumer and industrial products is a perennial form of corporate misconduct. It is one of the main business offenses that regularly involves criminal charges and results in guilty pleas.

In Violation Tracker we document 241 Antitrust Division cases against corporations that resulted in more than $10 billion in penalties. Looking at the list, one is struck by the fact that so many of the defendants are foreign firms, including 11 of the dozen biggest fines.

This is not to say that U.S. companies don’t fix prices. Probably the most famous price-fixing case ever was the conspiracy to manipulate the electrical equipment market by the likes of General Electric and Westinghouse in the 1950s. U.S. agribusiness giant Archer Daniels Midland was at the center of a lysine price fixing scandal in the 1990s.

It may be that in recent years federal antitrust prosecutors have felt pressure not to go after domestic companies, or else that foreign corporations are emboldened by the pro-business climate in the U.S. to engage in more brazen behavior.

In any event, at a time of unprecedented concentration of ownership in many U.S. industries, there is bound to be plenty of price collusion going on that needs to be investigated.

Getting the Feds to Pay Statistical Attention to Corporate Crime

For more than 80 years, the Federal Bureau of Investigation has collected and published wide-ranging data on criminal activity in the United States. The bureau’s annual compilations provide exhaustive statistics on murder, rape, robbery, arson, motor vehicle theft and other forms of violent and property crimes reported by state and local law enforcement agencies across the country.

Implicit in the FBI’s methodology is the idea that crimes are only committed by individuals, whether alone or in gangs or Mafia families. The compilations give no indication that there is such a thing as corporate crime.

Ralph Nader has long been on a mission to get the federal government to pay statistical attention to crime in the suites. In a recent open letter to Attorney General Jeff Sessions, he renewed his call for an official database “including but not limited to antitrust and price-fixing, environmental crimes, financial crimes, overseas bribery, health care fraud, trade violations, labor and employment-related violations (discrimination and occupational injuries and deaths), consumer fraud and damage to consumer health and safety, and corporate tax fraud onshore and offshore.”

The letter argues that such a database would help deter corporate crime by giving prosecutors, regulators and judges information to assess appropriate sanctions, especially for recidivist companies. It also notes that the data would help federal procurement officials identify companies that fail to meet the “responsible contractor” standard in the Federal Acquisition Regulation.

I’m proud to say that I am not only one of the co-signers of the letter but that the document cites Violation Tracker as an example, along with the University of Virginia Law School’s Corporate Prosecution Registry, of non-governmental efforts to fill the federal void.

Violation Tracker attempts to meet a number of the criteria set forth in the open letter, including the collection of data on a wide range of corporate misconduct categories, the ability to search by company name, links to ultimate parents, and compilations of the cases associated with each parent and each agency.

We also include links to the official source documents from which we derive the data. This is worth noting: federal agencies and the Justice Department already publish information on individual cases, whether in the form of press releases or periodic reports. The PACER database provides online access to dockets and documents in federal lawsuits of all kinds.

What Violation Tracker does – and what the open letter says the federal government should do – is to compile that disparate information and make it easy to learn the track record of individual corporations. The open letter also calls for an official database that also does something that Violation Tracker currently provides in a limited way: “analysis of trends in corporate crime and an explanation of the relative effectiveness of various conventional sanctions, and the potential of new sanctions.”

Although a DOJ spokesperson told Corporate Crime Reporter that it is reviewing the open letter, it is unlikely that the federal database will appear anytime soon. But it is worth remembering that there is a precedent for turning a non-profit database into a federal resource. The FedSpending database of federal contracts and grants created by OMB Watch served as the basis for the official USAspending resource.

I would be happy to see Violation Tracker used in the same way, but for now I will go on collecting data so there is at least an unofficial way to research corporate crime and misconduct.

Workplace Hazards in the Tech Economy

The titans of the tech economy want us to believe that among their achievements is the transformation of the workplace into a more humane and nurturing environment. This accounts for the frequent stories about headquarters campuses with endless amenities and flexible work arrangements.

It’s often another story when you look beyond those glittering complexes to the more mundane sites where the routine work is done. The manufacturing, distribution and customer service facilities that prop up the tech companies have a lot in common, in a bad way, with their old economy counterparts.

The latest indication of that reality comes in the 2018 edition of the National Council for Occupational Safety and Health’s Dirty Dozen list of employers that put workers and communities most at risk. The council is a federation of local COSH groups that for nearly 50 years have been promoting safer workplace practices.

This year’s Dirty Dozen includes two new-economy corporations that work hard to portray themselves as enlightened: Amazon.com and Tesla Motors.

Amazon makes the list because of a series of fatal workplace accidents at its warehouses over the past five years. The report points out that the facilities create hazards by demanding that workers maintain a dangerously intense pace of work in order to service the company’s rapid delivery system. One Amazon center in Pennsylvania became infamous for having paramedics stationed outside full-time to deal with the frequent cases of dehydration and heat stress.

Violation Tracker’s summary page for Amazon lists 17 OSHA fines totaling $208,675 – but most of those come from its Whole Foods subsidiary. Amazon’s distribution and fulfillment centers don’t have more entries because many of their workers are technically employees of temp agencies and leasing firms.

Tesla makes the Dirty Dozen list because National COSH found that its injury rate was 31 percent higher than the rest of the automotive industry and its rate of serious injuries was 83 percent higher. The report cites a series of articles about the safety problems at Tesla, including a Los Angeles Times story stating that Tesla had an accident rate greater than notoriously unsafe industries such as sawmills and slaughterhouses, despite being much more automated.

Tesla’s reported accident rate may actually be understated. The Center for Investigative Reporting’s Reveal project found that Tesla failed to include some of its serious injuries on legally mandated reports.

Among the reasons Amazon and Tesla have been able to get away with their unsafe practices is the absence of unions in their U.S. facilities. Both companies have succeeded, so far, in beating back labor organizing campaigns by employing the argument that workers at a supposedly enlightened company do not need a third party to represent them.

The truth, of course, is that unions are not really third parties but instead an expression of the desire of workers to present a united front in dealing with management. When it comes to employers such as Amazon and Tesla, that collective action may be the only way to ensure that workers can get through the day in one piece.