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Six dead in Georgia poultry plant liquid nitrogen leak, this week in the war on workers

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Six people are dead after a liquid nitrogen leak at a Georgia poultry plant and 11 others were hospitalized, with at least three in critical condition. Two of the people killed were Mexican citizens, and those injured included at least four firefighters.

“When leaked into the air, liquid nitrogen vaporizes into an odorless gas that’s capable of displacing oxygen,” the Associated Press explains. “That means leaks in enclosed spaces can become deadly by pushing away breathable air, according to the U.S. Chemical Safety Board.”

The Foundation Food Group plant, previously known as Prime Pak Foods, was cited for worker amputations in 2017.

”Our hearts go out to the loved ones of the six workers who tragically died and those who were critically injured in a preventable accident at the Foundation Food Group plant in Gainesville, Georgia,” AFL-CIO President Richard Trumka said in a response. “This did not have to happen. Safety concerns have long been raised as a major issue in many poultry plants, and Thursday’s incident shows what can happen when those calls go unheard.”

This blog originally appeared at Daily Kos on January 30, 2020. Reprinted with permission.

About the Author: Laura Clawson has been a contributing editor since December 2006. Clawson has been full-time staff since 2011, and is currently assistant managing editor at the Daily Kos.


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States become worker safety watchdogs as pandemic worsens

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States are increasingly bypassing the federal government and imposing their own rules to protect workers from the coronavirus, creating a patchwork of regulations that could serve as a blueprint for new national standards promised by President-elect Joe Biden.

Oregon last month began requiring employers to supply masks, develop infection control plans and notify staff of ill coworkers. California rushed out 21 pages of business mandates covering everything from proper ventilation and social distancing to testing, reporting and quarantine procedures. In New Jersey, more than 1,000 complaints of alleged workplace health and safety violations have poured in from workers in the four weeks since the state enacted its own new safety program.

In all, 14 states have instituted their own comprehensive restrictions as the federal worker safety watchdog, the Occupational Safety and Health Administration, has come under fire for its lax enforcement during a pandemic that has turned America’s most mundane jobs into dangerous, frontline deployments.

Labor leaders and other advocates for tougher rules say the hands-off approach taken by President Donald Trump’s administration has put workers in harm‘s way, forcing the states to step in.

“It would be pretty hard to fall on your face as hard as OSHA has during the pandemic,” said Maggie Robbins, an occupational health specialist at Worksafe, a statewide workplace advisory group in California that has pushed for new rules. “It’s easy to outperform OSHA right now.”

Experts say Biden could borrow heavily from the states that have crafted their own policies, and the most stringent local requirements could give the new administration a baseline for those standards. But negotiating with industry groups could take months, and labor leaders say any delay will only result in more cases and, in turn, more deaths.

report released Nov. 19 found that up to 8 percent of the early U.S. coronavirus cases could be rooted in outbreaks among workers at meatpacking plants. Large outbreaks of the virus, which has killed more than 250,000 Americans, continue to be linked to employers that hold important positions in the nation’s supply chain.

Some state-level business groups acknowledged the need for a nationwide standard, saying a jumble of state-by-state — and, in places, town-by-town — regulations has been difficult for employers to navigate. But, they say, the vast majority of companies are doing the right thing, and imposing too many regulations will hinder the country’s economic recovery.In the unfolding pandemic, economic crisis and reckoning on race, governors and mayors are shaping our shared future. Who are the power players, and how are they driving politics and influencing Washington?Full coverage »

“If a national standard isn’t feasible or isn’t well-written, it could be worse than the presently evolving patchwork,” said Rob Moutrie, policy advocate and workplace safety lead for the California Chamber of Commerce.

Critics say OSHA has done little to punish companies when their workers get sick or even die from the coronavirus. While the agency has cited more companies for coronavirus-related risks over the past several months, large corporations have received meager fines, and OSHA has used its special enforcement powers far more leniently than previous administrations.

Megan Sweeney, a spokesperson for the Department of Labor, said DOL is committed to protecting the country’s workforce during the pandemic, and OSHA has been “working around the clock to that end.”

OSHA has preexisting requirements and standards that are enforceable and has issued guidance for employers, including additional resources for high-risk industries, like meat and poultry processing. Through Nov. 26, the agency has issued citations arising from 255 inspections for violations related to coronavirus, resulting in proposed penalties totaling $3,403,139.

Sweeney also said that earlier this year, a panel of the U.S. Court of Appeals for the D.C. Circuit concluded that OSHA reasonably determined that a new emergency temporary standard is not necessary.

“Since that court ruling, OSHA has continued to rely on its preexisting authorities to keep America’s workplaces safe,” Sweeney said. “OSHA continues to investigate every complaint about workplace safety.”

While federal OSHA sets national standards, states are allowed to run their own occupational health and safety plans, so long as they are at least as stringent as the federal government’s standard. About half the states have their own plans. Those that don’t have separate plans found creative ways to enforce standards, using executive orders and rulemaking to set new rules without OSHA approval.

The new rules adopted by states are consistent in mandating things like social distancing, mask wearing and improved ventilation in workspaces. States are also making it easier for workers to know their rights and report any violations. Many states have taken punitive action on their own and imposed some hefty fines where federal OSHA has not.

State-level business groups say that while employers want to keep their workers safe, some of these restrictions have been cumbersome and at times unrealistic, particularly for smaller businesses that are struggling to stay afloat. There are not just the added costs of protective supplies, but the increased labor costs as well: Workers are being redirected to police how many people are in a store and routinely wipe down surfaces.

One way that Oregon made these regulations easier for businesses is by phasing in requirements. The state adopted a temporary rule in November that has several elements that employers must comply with, including developing infection control plans, improving ventilation and notifying workers when someone contracts the coronavirus.

Paloma Sparks, Oregon Business Industry vice president and general counsel, said her organization convinced the state to gradually implement new rules instead of imposing them all at once. Some of the requirements, like servicing HVAC systems, can be challenging for small businesses that won’t have someone on staff to do the work.

“We want to make sure our employees are safe and healthy, and we’ve been very clear about that point throughout,” Sparks said. “The difficulty is that at this point in the pandemic, you’ve got businesses that are really struggling, they have limited resources, their staff are exhausted.”

Graham Trainor, president of the Oregon AFL-CIO, said he is hopeful the requirements will make a difference. Oregon had previously issued Covid-19 recommendations for employers to follow, but his union has seen countless examples of workers being “unnecessarily and dangerously” exposed to the virus.

The Oregon Health Authority found that, to date, workplace outbreaks of coronavirus have resulted in 11,139 cases and 61 deaths.

“There’s no question that there’s a correlation between cases on the rise, deaths from the virus, and the lack of workplace protections,” Trainor said.

Debbie Berkowitz, a senior policy adviser for OSHA under President Barack Obama, said the incoming Biden administration should look to Virginia, the first state to issue emergency rules, and California, the most recent state to take action, as guides for creating national policy. Those states have some of the more comprehensive policies. She urged Biden to draft new standards as soon as possible.

“It’s an emergency,” said Berkowitz, who now works at the National Employment Law Project. “The only way we’re going to mitigate this disease is if we protect the workers at work.”

California has just implemented a stringent, 21-page emergency standard that covers everything from social distancing and ventilation protocols to employee notification and testing following an outbreak.

Robbins of Worksafe, the California group that lobbied for the emergency standard, said the state needed something that was more easily enforceable and gave clear expectations for employers.

“It’s one thing to say, ‘Drive an appropriate speed for the conditions on the road,’” Robbins said. “It’s another to say, ‘You should go 35 miles per hour, no faster.’”

Some business groups have pushed back on the speed of California’s emergency rulemaking. Industry groups are already considering lawsuits to block the emergency regulation.

In New Jersey, Democratic Gov. Phil Murphy released guidelines earlier in the pandemic related to worker protection. But a coalition of labor groups waged a six-month campaign urging the governor to take further action to mandate these rules, and create a process in which workers can actually report violations. Murphy eventually committed to signing an executive order that did just that in late October.

“Like so much else where Washington has failed to lead, New Jersey will step up to fill the void,” Murphy said.

About the Author: Katherine Landergan covers the state budget, tax policy and labor issues for POLITICO New Jersey.

About the Author: Katy Murphy covers consumer regulations with a focus on data privacy for POLITICO California. 

About the Author: Rebecca Rainey is an employment and immigration reporter with POLITICO Pro and the author of the Morning Shift newsletter.


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As Covid Surges, Doctors Are Striking Against “Retail Health”

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We’re back with Sea­son Four of Work­ing Peo­ple! In this urgent episode, we talk with Dr. Amir Atabey­gi, a physi­cian at Mul­ti­Care Indi­go Urgent Care in Thurston Coun­ty, Wash­ing­ton. On Novem­ber 23, amid a ter­ri­fy­ing surge in COVID-19 cas­es around the coun­try, Dr. Atabey­gi joins his fel­low physi­cians, physi­cian assis­tants, and advanced reg­is­tered nurse prac­ti­tion­ers on the pick­et line as they strike for the basic safe­ty mea­sures their employ­er refus­es to pro­vide. We talk to Dr. Atabey­gi about what he and his cowork­ers face on the job, the rise of ?“retail health” com­pa­nies like Mul­ti­Care Health Sys­tems, and the grow­ing labor con­scious­ness of tra­di­tion­al­ly non-union­ized health­care workers.

This blog was originally published at In These Times on November 23, 2020. Reprinted with permission.

About the Author: Maximillian Alvarez is a writer and editor based in Baltimore and the host of Working People, “a podcast by, for, and about the working class today.” His work has been featured in venues like In These Times, The Nation, The Baffler, Current Affairs, and The New Republic.


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Think about who doesn’t get a Thanksgiving, and who’s to blame, this week in the war on workers

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We’re heading into Thanksgiving week, and we’re hearing a lot of discussion of how people are—or aren’t—staying safe, from solitary living to plans for large gatherings and everything in between. We also need to be talking about how this holiday season kicks off after 35 straight weeks of a million or more people applying for unemployment insurance, and with Republicans still blocking the aid working people need in the COVID-19 economy.

Coronavirus rates are rising and it’s more important than ever for people to stay home as much as they can. But that would mean paying them so they could afford to do so, rather than being driven out to scrounge for whatever work they can find, however unsafe it may be. Congress won’t do that, and major companies are showing how little they value their workers. So on Thanksgiving, think about the people who can’t have a holiday not just because they can’t see family and friends, but because they are struggling to buy food and stay housed. And, just as important, think about why that is and who’s to blame.

This blog was originally published at DailyKos on November 21, 2020. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos.


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Lawsuit over meatpacking worker’s COVID-19 death alleges truly grotesque abuses

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This is sickening. We’ve known that the meatpacking industry has acted with callous disregard for its workers’ lives in the coronavirus pandemic, keeping them on the job in unsafe conditions. But according to a lawsuit by the family of the late Isidro Fernandez, it’s worse than that. At the Tyson pork processing plant where Fernandez worked in Iowa, the family alleges, supervisors and managers placed bets on how many workers would get COVID-19.

That winner-take-all betting pool rooting against the health of workers in the plant was organized by one manager, Iowa Capital Dispatch reports. Another manager called COVID-19 a “glorified flu” and “not a big deal,” and said “everyone is going to get it.” He did his part to make sure everyone got it, too, by at one point ordering a sick supervisor to skip testing and stay at work, because “We all have symptoms—you have a job to do.”

Managers offered attendance bonuses, giving sick workers an incentive to stay on the job, and lied about COVID-19 cases in the plant. At the same time, Tyson and other meatpacking companies were lobbying state governments as well as the Trump administration to get support in staying open and fending off lawsuits.

We shouldn’t have to hear about betting pools to understand how badly the meatpacking industry has treated its workers—its largely immigrant, vulnerable, underpaid workers. The numbers tell the story: tens of thousands of coronavirus cases and hundreds of deaths, at a minimum, and lawsuits and complaints describing disgusting, unsafe practices in the plants. But when you think about it, it makes sense that the managers carrying out policies disregarding the health and safety of their workers and communities would also be putting that contempt into words directed at individuals. A policy that people should keep working even if they’re sick and pressure on individuals to skip testing and work sick go hand in hand. It’s not a giant step from taking it as your job to make people work sick and spread the virus to their coworkers to betting on how successful your push to infect large numbers of people will be.

And all of this was enabled by the Trump administration again and again, with top officials blaming workers for getting sick rather than pointing a finger at managers and forcing the companies to improve safety measures and, in case of serious outbreaks, shut down plants.

This article originally appeared on Daily Kos on November 18, 2020.  Reprinted with permission. 

About the Author:  Laura Clawson is the labor editor at Daily Kos


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Meatpacking Workers Say Attendance Policies Force Them to Work With Covid-19 Symptoms

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In April, despite his fever, a meat­pack­ing work­er con­tin­ued to carve neck bones out of pig car­cass­es at a JBS plant in Iowa.

Two weeks lat­er, he would test pos­i­tive for COVID-19. But in the mean­time, he said, he kept clock­ing in because of a puni­tive atten­dance sys­tem wide­ly used in meat­pack­ing plants: the point system.

Under the pol­i­cy, work­ers usu­al­ly receive a point or points for miss­ing a day. If they gain enough points, they’re fired.

For a few months ear­li­er this year, as case counts swelled, Tyson Foods sus­pend­ed its point sys­tem, and Smith­field Foods said it has halt­ed its ver­sion for the time being.

How­ev­er, the point sys­tem has endured at Tyson and JBS plants through­out the pan­dem­ic, and it has con­tin­ued to coerce peo­ple with poten­tial Covid-19 symp­toms into show­ing up to work, said plant employ­ees, their fam­i­ly mem­bers, activists and researchers.

“Peo­ple are afraid now to lose points, and they start to go to work even when they’re sick,” Alfre­do, a machine oper­a­tor in a Tyson poul­try plant in Arkansas, said through an inter­preter. He asked to be iden­ti­fied only by his first name out of fear of retribution. 

“If they see that you can walk, they’ll tell you to keep work­ing,” he con­tin­ued. ?“If you can’t stand on your own, they’ll send you home.”

Spokes­peo­ple for the country’s two biggest meat pro­cess­ing com­pa­nies said employ­ees are encour­aged to stay home while ill.

“Our cur­rent atten­dance pol­i­cy encour­ages our peo­ple to come to work when they’re healthy and instructs them to stay home with pay if they have symp­toms of Covid-19 or have test­ed pos­i­tive for the virus,” Tyson spokesman Gary Mick­el­son said. 

“Regard­less of our atten­dance pol­i­cy, at no point dur­ing the pan­dem­ic have we assessed atten­dance points against team mem­bers for absences due to doc­u­ment­ed ill­ness,” JBS spokes­woman Nik­ki Richard­son said.

Still, the point sys­tem has like­ly con­tributed to the virus’s spread, said Jose Oli­va, co-founder of the HEAL Food Alliance, a non-prof­it that orga­nizes food indus­try workers.

“It’s prob­a­bly one of the bet­ter prop­a­ga­tors for the coro­n­avirus that we’ve seen,” he said. ?“It’s absolute­ly dis­as­trous to have a point sys­tem in the midst of a pandemic.”

Work­ers at one Tyson plant and two JBS plants said the only way they can stay home with­out penal­ty is if they test pos­i­tive for the dis­ease. They are required to go to work if they’re wait­ing for test results, they said. 

Once he test­ed pos­i­tive, the Iowa work­er, 50, was allowed to miss work with­out rack­ing up points, he said. He request­ed anonymi­ty because he fears los­ing his job.

Com­pli­cat­ing the sit­u­a­tion is that many work­ers strug­gle to access test­ing or avoid Covid-19 tests due to the cost, wait times and fear of being tar­get­ed by immi­gra­tion author­i­ties, work­ers and advo­cates said.

The point sys­tem varies from plant to plant.

At the JBS plant in Gree­ley, Colo., where about 300 work­ers have con­tract­ed the virus, employ­ees can rack up six points before they’re fired, accord­ing to a doc­u­ment shared by the local chap­ter of the Unit­ed Food and Com­mer­cial Work­ers union. 

At a JBS plant in Mar­shall­town, Iowa, it’s sev­en points, and at a Tyson poul­try plant in Arkansas, where hun­dreds of work­ers have fall­en ill, it’s 14 points, accord­ing to screen­shots and pho­tos shared by meat­pack­ing work­ers in those plants. 

At the Tyson plant, the company’s gen­er­al atten­dance pol­i­cy notes that ?“approval of pre­arranged absences is based upon the busi­ness needs of the Com­pa­ny.” Even if work­ers give the plant prop­er noti­fi­ca­tion that they’ll miss a day, they receive a point, accord­ing to a copy of the atten­dance pol­i­cy.

Mick­el­son said the doc­u­ment did not accu­rate­ly reflect the company’s atten­dance pol­i­cy dur­ing the pan­dem­ic, as work­ers have been encour­aged to remain home if they’re sick. 

The point system’s enforce­ment can also depend on the super­vi­sor. They can bend the rules for employ­ees with whom they have a good rela­tion­ship, work­ers said.

While requir­ing employ­ees to wear masks and installing plas­tic bar­ri­ers between work­ers can reduce the trans­mis­sion of the virus, the dis­ease will keep spread­ing if plants don’t iso­late and quar­an­tine sick work­ers, said Shelly Schwed­helm, exec­u­tive direc­tor of emer­gency man­age­ment and bio­pre­pared­ness at the Uni­ver­si­ty of Nebras­ka Med­ical Center.

To curb the virus’s spread, ?“get rid of the point sys­tem and don’t deter peo­ple from call­ing in ill,” she said.

After the Iowa meat­pack­ing work­er test­ed pos­i­tive, he stayed home for two weeks before return­ing to the plant. 

Dur­ing the day, he did jump­ing jacks in his base­ment in hopes of strength­en­ing his body enough to fight the virus and recit­ed gasp­ing prayers over the phone with his pas­tor. At night, he walked alone through his desert­ed neigh­bor­hood, wor­ried he wouldn’t wake up again if he fell asleep.

He said the com­pa­ny is ?“mak­ing us go back to work because some damn hogs got to die. But they don’t care about human life. They care more about the damn hogs than they do about people.”

New sys­tem for the pandemic

Before the pan­dem­ic, the JBS plant in Gree­ley allowed 7.5 points before a fir­ing. Now, it’s six, said Kim Cor­do­va, pres­i­dent of UFCW Local 7, the union that rep­re­sents the plant’s 3,000 workers.

“The atten­dance pol­i­cy became even more restric­tive,” she said.

Six work­ers died at the plant, mak­ing it one of the dead­liest pub­licly report­ed meat­pack­ing plant out­breaks in the coun­try, accord­ing to Mid­west Cen­ter track­ing.

Sick employ­ees can only recoup points at the Gree­ley plant if they have a doctor’s note and if they call into an Eng­lish-only atten­dance hot­line, a prob­lem for a work­force that speaks more than 38 lan­guages, Cor­do­va said.

To remove points from their record, work­ers must sub­mit to the union screen­shots of their call his­to­ry to the hot­line. Many work­ers find it to be a con­vo­lut­ed process, Cor­do­va said.

“They’ll give the point, and then the work­er has to fight to have it removed,” she said. ?“They make it real­ly dif­fi­cult to call in while sick, so work­ers are com­pelled to come into work even if they’re symptomatic.”

Richard­son, JBS’s spokes­woman, said their new point sys­tem is more for­giv­ing now because it allows work­ers to miss mul­ti­ple days in a row. The com­pa­ny reset all its employ­ees’ points to zero in late July, she said.

Tyson tem­porar­i­ly relaxed its point sys­tem in March but brought it back in June, even as case counts swelled.

The tim­ing of Tyson’s deci­sion was no coin­ci­dence, said Don Stull, a pro­fes­sor at the Uni­ver­si­ty of Kansas who has researched meat­pack­ing for 35 years.

“As that ini­tial atten­tion being focused on the indus­try began to wane, they start­ed try­ing to run as near to pre-pan­dem­ic lev­els as they could. So they need­ed as many work­ers as they could get,” he said.

Mick­el­son, Tyson’s spokesman, said Stull’s claim was not true.

Few oth­er opportunities 

Large meat­pack­ing plants are often in rur­al areas with­out many jobs oppor­tu­ni­ties. That leaves work­ers in a bind when deal­ing with the point sys­tem, work­ers and advo­cates said.

Eric Lopez, a sales man­ag­er at U.S. Cel­lu­lar, said his moth­er works at the JBS plant in Mar­shall­town. A Mex­i­can immi­grant with no for­mal edu­ca­tion who doesn’t speak Eng­lish, she had few jobs avail­able to her in Mar­shall­town oth­er than the pork plant, he said. 

She knows peo­ple with symp­toms have con­tin­ued show­ing up to work, he said, and it’s caused her to break down after com­ing home from work because she fears catch­ing the virus.

For decades, the meat­pack­ing indus­try has relied on immi­grant, minor­i­ty and poor work­ers, a demo­graph­ic that activists and researchers said the pri­mar­i­ly white meat­pack­ing exec­u­tives have exploited. 

“Com­pa­nies are run by old, white guys who think of work­ers as a piece of machin­ery,” said Joe Hen­ry, the polit­i­cal direc­tor for the League of Unit­ed Latin Amer­i­can Cit­i­zens of Iowa, a His­pan­ic civ­il rights orga­ni­za­tion. ?“They see them as peo­ple with dif­fer­ent skin col­ors and dif­fer­ent lan­guages that they can just go ahead and treat like animals.” 

Tyson and JBS strong­ly denied this characterization.

“That is com­plete­ly untrue,” said JBS’s Richard­son, whose response echoed Tyson’s. ?“We have done every­thing pos­si­ble to both pro­tect and sup­port our team mem­bers dur­ing this chal­leng­ing time.”

This blog originally appeared at In These Times on November 11, 2020. Reprinted with permission.

About the Author: Heather Schlitz is a senior at the Uni­ver­si­ty of Illi­nois at Urbana-Cham­paign where she stud­ies jour­nal­ism, glob­al stud­ies and East Asian lan­guages and cul­tures. Pre­vi­ous­ly, Heather report­ed on cli­mate change and the envi­ron­ment as a Dow Jones Data Jour­nal­ism intern at AccuWeath­er and has spent three years writ­ing about sci­ence news for the stu­dent news­pa­per and the Uni­ver­si­ty News Bureau.


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What the workplace will look like under a Biden White House

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The U.S. workplace will look much different with Joe Biden in the Oval Office — with some significant changes possible even if Republicans maintain a majority in the Senate.

“Biden, who won the endorsement of almost every major union in the country, has made labor reform a fundamental part of his program and is widely expected to name at least one union leader to his Cabinet,” your host reports. And “as the coronavirus pandemic continues to stoke permanent job losses and compromise worker safety, the case for structural change may be stronger than ever.”

What Biden can do will to some extent depend on which party controls the Senate, which won’t be determined until a pair of key Georgia runoffs in early January. “Still, the transition will be a sharp turn from the Trump White House, under which union membership has droppedpay inequity has widened and enforcement has dwindled.”

Here’s some of what you can expect:

— Heightened worker safety enforcement: One of the first things a Biden administration will likely do is instruct the Occupational Safety and Health Administration to step up worker safety enforcement by enacting an emergency temporary standard, or a set of guidelines governing how employers must protect their employees from Covid-19. He’s also likely to ramp up penalties for violators.

— A reversal of Trump executive orders: Biden will be able to immediately rescind some of President Donald Trump’s executive orders — including those restricting employment-based visasbanning diversity training in the federal government and peeling back civil service protections — as well as reinstate Obama-era executive orders that Trump had undone.

— A more labor-friendly NLRB: The former vice president is widely expected to appoint more Democrats to the National Labor Relations Board, the agency responsible for settling disputes between unions and employers. Right now, it’s three Republicans, one Democrat — and an empty seat.

— Pursuit of progressive labor policy: Biden campaigned heavily on enacting Democratic labor legislation similar to that passed out of Speaker Nancy Pelosi’s House in 2020 and 2019, including a measure to hike the federal minimum wage to $15 and the Protecting the Right to Organize Act, or PRO Act, which would strengthen workers’ ability to unionize. This, of course, will hinge on the balance of power in the upper chamber, as many of the provisions are opposed by Republicans.

Union leaders rejoice: “Joe Biden and Kamala Harris’ victory in this free and fair election is a win for America’s labor movement,” AFL-CIO President Richard Trumka said in a statement. Said AFSCME President Lee Saunders: “[C]ome January 20, we will have a White House that honors our work, respects our sacrifice and fights for the aid to states, cities and towns that we need.”

WHO WILL BE BIDEN’S LABOR SECRETARY? There are already several names in rotation as Biden’s transition team gets to work, our Megan Cassella reports.

“Biden is widely expected to choose a more progressive candidate to lead the Labor Department, one that would help balance out more moderate nominees he’s expected to place at other agencies,” she writes.

“Rep. Andy Levin (D-Mich.), a former union organizer who also has Labor Department experience, is high on the list of potential nominees, as is California Labor Secretary Julie Su. Levin comes from a potentially vulnerable district, however, and Democrats may be wary of a special election there, given their unexpectedly narrow control of the House.”

“Other possibilities for Biden’s Labor secretary include DNC Chairman and former Obama Labor Secretary Tom Perez, AFL-CIO Chief Economist Bill Spriggs and Sen. Bernie Sanders (I-Vt.), who POLITICO reported is interested in the position.”

CALIFORNIA’S PROP 22 GIVES GIG COMPANIES A NEW ROAD MAP: The success of a California ballot measure allowing Uber, Lyft and other gig companies’ drivers to be independent contractors — while still enjoying a few employee-like perks — may provide employers with a model to use across the country, Bloomberg’s Josh Eidelson reports.

Proposition 22 promises drivers “a guaranteed minimum pay rate while they’re assigned a task; a review process for terminations; and health stipends if they work enough hours,” he writes. “A University of California at Berkeley analysis concluded that after accounting for full expenses and wait times, the proposition’s pay guarantee is worth less than $6 an hour. (The companies dispute this.)”

“The companies spent hundreds of millions of dollars on ads … [and] it was money well spent. Uber and Lyft alone gained more than $10 billion in market value after the vote, and defanged a recent state court injunction that would have required them to reclassify their drivers as employees.”

“The companies don’t plan to stop there,” Eidelson writes. “‘You’ll see us more loudly advocate for new laws like Prop 22,’ Uber Chief Executive Officer Dara Khosrowshahi said on a Nov. 5 earnings call. DoorDash CEO Tony Xu said in a statement: ‘We’re looking ahead and across the country, ready to champion new benefits structures that are portable, proportional, and flexible.’”

This blog originally appeared at Politico on November 9, 2020. Reprinted with permission.

About the Author: Rebecca Rainey is an employment and immigration reporter with POLITICO Pro and the author of the Morning Shift newsletter.


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What a Biden victory will mean for the American workforce

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With Joe Biden about to enter the Oval Office, the American workplace is going to look much different.

The former vice president and U.S. senator has four decades of relationships with union leaders behind him, setting him up to potentially be the most labor-friendly president the U.S. has ever had.

Biden, who won the endorsement of almost every major union in the country, has made labor reform a fundamental part of his program and is widely expected to name at least one union leader to his Cabinet.

“I don’t think [Obama] ‘got’ labor. And I think Biden gets it,” said Bill Spriggs, the AFL-CIO’s chief economist. “When Biden walks in a room with labor leaders, he feels like ‘Oh, I’m at home.’”

As the coronavirus pandemic continues to stoke permanent job losses and compromise worker safety, the case for structural change may be stronger than ever.

“The coronavirus has raised public consciousness and awareness about the plight of the working class in America, including low-wage workers and the kind of people who used to be unionized, and revealed the utter lack of worker protections,” former Labor Secretary Robert Reich told POLITICO.

The scope of what Biden can accomplish could be limited by the Senate, where two crucial races — both in Georgia — won’t be decided until runoffs take place in January. If Republicans maintain control of the chamber, that could curtail many of Biden’s plans.

Still, the transition will be a sharp turn from the Trump White House, under which union membership has droppedpay inequity has widened and enforcement has dwindled. Some of the Democrats’ highest priorities will be counteracting action taken — or in some cases, not taken — by the current administration.

“There’s a litany of things the Trump administration has done that we have to undo,” said Rep. Andy Levin (D-Mich.), who serves on the House Education and Labor Committee.

Here are some things lawmakers and experts say workers and employers can expect from a Biden White House:

1. Heightened worker safety enforcement

One of the first things a Biden administration will likely move to do is instruct the Labor Department’s Occupational Safety and Health Administration to step up worker safety enforcement, including by enacting an Emergency Temporary Standard, or a set of guidelines governing how employers must protect their employees from Covid-19, and ramping up penalties on violators.

With an estimated 72,015 workers having tested positive for coronavirus and 315 fatalities in the food system alone, Democrats and labor advocates have become increasingly vocal in criticizing the Labor Department for what they say is leniency. Despite having received more than 10,000 complaints since the pandemic started, the agency hasn’t proposed a penalty greater than $30,000 for coronavirus-related risks, even in cases where workers died. And Republicans have shot down an emergency standard, insisting that employers need extra flexibility during the recession.

Biden’s campaign advocated to “immediately release and enforce an [ETS] to give employers and frontline employees specific, enforceable guidance on what to do to reduce the spread of COVID” and “double the number of OSHA investigators to enforce the law and existing standards and guidelines.”

2. Pursuit of progressive labor policy

Biden campaigned on enacting much of the Democratic labor legislation passed out of Speaker Nancy Pelosi’s House in 2020 and 2019. He said in July that he would push to raise the federal minimum wage to $15 an hour and eliminate the so-called tipped wage, which allows employers to count tips toward servers’ mandated wages — both provisions included in the House-passed Raise the Wage Act. The federal minimum wage hasn’t gone up since 2009, when it was hiked to $7.25.

Biden also pledged he would sign the House-passed Protecting the Right to Organize Act, or PRO Act, which would strengthen workers’ ability to unionize, including by allowing them to form unions via card-check elections, where employees sign forms authorizing the union to represent them.

“The PRO Act would be the most important labor law reform since the Wagner Act itself in 1935 or the National Labor Relations Act,” Levin said.

Passing these bills will be highly unlikely if Republicans control the Senate. And even if some of the measures made it through, signing them would be an uphill battle for Biden, who will have to balance unions’ demands with competing business interests and some of the more moderate voices that helped win him the office.

“The business community is going to place a lot of demands on Biden and the Biden administration,” Reich said. “It’s not going to like his tax increases on the wealthy and on big corporations; it’s not going to like his environmental regulations and laws he has promised.”

“And there’s only a limited amount of political capital that a new president has.”

3. A boost to manufacturing via trade

Biden has been outspoken against Trump’s trade war with China, labeling some of the White House’s tariffs “damaging” and “disastrous.” Were he to lift some of the Trump administration’s trade restrictions, it could provide an immediate boost to the manufacturing workforce. Despite gaining 66,000 jobs in September, factory employment is still down 647,000 jobs from February because of the pandemic, according to Labor Departments statistics.

In his manufacturing plan, Biden advocates for “a Pro-American worker tax and trade strategy to fix the harmful policies of the Trump Administration and give our manufacturers and workers the fair shot they need,” along with a series of tax credits and executive actions. Although Biden could in theory lift any tariff as soon as he took office, he must also answer to business and other interests that might want the restrictions to stay in place for months as he forms a plan. A top trade adviser said his administration wouldn’t rule out imposing new tariffs on imports.

Unions including the United Steelworkers, which represents over a million workers and retirees across several manufacturing industries, say they have confidence in Biden’s plan whatever it may entail.

This blog originally appeared at Politico on November 7, 2020. Reprinted with permission.

About the Author: Eleanor Mueller is a legislative reporter for POLITICO Pro, covering policy passing through Congress. She also authors Day Ahead, POLITICO Pro’s daily newsletter rounding up Capitol Hill goings-on.


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5 Safety Tips To Remember When Managing A Construction Site

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One of the places where one cannot err on the side of caution is at a construction site. Danger looms around a construction site. Falls, hits from dropping items, the collapse of the edifice, and slipping off are all potential hazards of construction sites. Although unforeseen circumstances make it impossible to declare a construction site completely safe, there are still safety tips that will minimize the risk to the nearest minimum. Here are 5 tips to remember when managing a construction:

Note: These tips will include construction safety tips, their importance, and how to avoid injuries.

1. Personal protect equipment

Every personnel must have a PPE. Personal protective equipment will include:

  • Hard hat
  • Industrial boots
  • Gloves
  • Goggles
  • Mask

Hard hat  

Possible impact to the head due to falling objects obligates everyone at a construction site to put on hard hats. A hard hat is well reinforced to shield the head from fatal hits.

Industrial boots

Industrial boots protect the feet from sharp objects on a worksite. Additionally, industrial boots are designed to be non-slip to reduce slips and falls.

Gloves

Construction projects involve several fields. While the concrete and carpentry sections seem to need gloves to lift heavy objects, electricians also use insulated gloves to ensure safety. Tilt wall construction using an insulated concrete form(ICF) will require the use of gloves during installation as well as similar protective equipment.

Goggles

A pair of goggles is a protective gear worn to protect the eyes from debris while at work. It’s mandatory even for all workers to protect the eyes from sparks and other attendant hazardous materials present at a construction site.

Mask

A nose mask is essential to shield the noise from dust and debris in the construction of concrete based things like tilt-wall construction, drilling into bricks, flooring, etc.

2. Danger assessment and precautions

Managing a construction site requires a thorough assessment of the work area to spot danger zones and put safety measures in place. One such example is to fix fire extinguishers in strategic places to curb the spread of fire should it arise. For example, when fixing handrails along the stairs, the right safety guards must be in place to prevent accidents.

 Additionally, first aid must be available and easily accessible in the event of an emergency. This way, quick care can be administered before a transfer to a medical facility will suffice.

3. Appropriate use of equipment

Equipment must be used the right way, and for the purpose for which it was designed. For example, a ladder must be constantly checked to fix damages, and also importantly, it mustn’t carry more than the stipulated weight it can bear. Another instance is the use of proper hand gloves by electricians. Electricians do well to use insulated gloves only!

4. Remove dangers to reduce risks

All workers must be alert to their work areas. This enables everyone to spot hazards and get rid of them. For example, despite the use of handrails, spilled liquids should be promptly dried, ladders should always be dry, avoid overreaching for objects, and more. The eradication of risks from the work site makes it a safer place.

5. Proper spacing

Proper spacing is often overlooked at construction sites. Sadly, disregarding this often increases exposure to injuries which may be fatal at times. When a large machine is at work, only the personnel in charge should stand near. Others who are not part of the group should not become spectators amusing themselves with the view. Added to that, when a worker is busy with a large work tool, enough space is necessary to avoid risk; so, others should stay back.

All of the analyzed safety tips are essential to keep a construction site safe and prevent all forms of injuries that can hamper the wellbeing of workers or may result in death.

About the Author: Matt Lee is the owner of the Innovative Building Materials blog and a content writer for the building materials industry. He is focused on helping fellow homeowners, contractors, and architects discover materials and methods of construction that save money, improve energy efficiency, and increase property value.


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Health and Safety Standards for Frontline Healthcare Workers

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America’s frontline healthcare workers have rightly been called our country’s real superheroes. But the truth is that the US healthcare system is falling far short in its obligation to protect these essential workers in the face of the worst global pandemic in more than a century.

A Failure to Protect

It should perhaps come as no surprise that frontline healthcare workers are at extreme risk for contracting communicable illnesses, particularly when we are dealing with a pathogen as infectious as COVID-19. And with a new flu season looming in the northern hemisphere, the increased influenza risk incurred by nurses and other frontline healthcare workers only serves to amplify the threat.

Worse, more than eight months after the advent of the virus, healthcare workers are still facing a significant shortage of personal protective equipment (PPE). This lack of access to adequate PPE may well be the single most significant source of danger for doctors and nurses working with COVID patients.

When infected persons are asymptomatic, for example, the impulse to relax PPE standards by rationing equipment may well lead to potentially preventable disease transmission.

The Significance of Training

Because COVID-19 is a novel virus, there is still much about the disease that is unknown. Safety, prevention, and treatment guidelines continue to evolve. Healthcare systems, however, must be highly proactive in ensuring that frontline healthcare workers are up to date on the latest disease information and safety protocols.

This must include rigorous training in pre-appointment patient screening, treatment room sanitation, and risk mitigation and infection containment processes.

Job Losses and Furloughs

Perhaps one of the less-discussed but potentially most harmful risks facing today’s frontline workers is the risk of job losses and furloughs. Current research suggests that system mismanagement is pervasive across the US healthcare system, resulting in tens of thousands of job cuts, despite billions of dollars being allocated to US hospitals and healthcare systems from the emergency CARES act.

Thus, America’s frontline workers are not only confronted today by the threat of the virus, but they are also faced with the possibility of layoffs, furloughs, and termination. In the wake of a national crisis not only to public health but also to the economy, this may well leave frontline workers facing the loss of not just their health but also their income, their home, and their security.

The Takeaway

The COVID-19 pandemic has had a devastating effect across the US, but few people have been more affected than America’s frontline healthcare workers. The risk of infection for these workers is particularly great, amplified by an ongoing shortage of PPE.

In addition, due to the novelty of the virus, healthcare providers may still be uninformed on best practices in risk mitigation and disease prevention. Efforts to ensure up-to-date training and support must be made to ensure that workers are prepared to protect themselves, their families, and their patients. Perhaps worst of all, the healthcare system is challenged with massive layoffs, putting frontline workers’ jobs and livelihoods at risk.

This means it is incumbent on the public whom these workers care for to help care for and protect them in return. If you are able, donate to your local organizations that are now providing equipment, financial assistance, and other resources to frontline workers. If you own a business, consider offering these heroes freebies and discounts, special operating hours, or other perks to show your appreciation and offer support.

Help relieve the burden on these healthcare workers by always remaining vigilant about your own health and the health of your community, adhering to public health guidelines to help prevent the spread. Above all, reach out to your local, state, and government officials to demand they make caring for these care providers priority number one, which must include not only financial support but also employment protection and access to quality healthcare, child and elder care, and other resources they may need to weather this crisis.

After all, our frontline workers are saving lives day in and day out. The least we can do is anything and everything we can to return the favor.

About the Author: Luke Smith is a writer and researcher turned blogger. Since finishing college he is trying his hand at being a freelance writer. He enjoys writing on a variety of topics but business and technology topics are his favorite. When he isn’t writing you can find him traveling, hiking, or gaming.


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