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From Carl’s Jr. to a gay club, Oregon workers suffered in the heat, this week in the war on workers

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Wage theft is a huge problem that requires a creative solution, this week  in the war on workers | Today's Workplace

Workers suffered during recent heat waves around the country, and hitting the Pacific Northwest especially hard. We’ve talked about the need for heat protections for farmworkers, but they’re not the only ones.

HuffPost’s Dave Jamieson looks at the heat complaints to Oregon OSHA, finding that restaurant workers were hit particularly hard. According to a complaint from a Carl’s Jr., “The restaurant management is forcing employees to work without air-conditioning in dangerous heat. The temperature in the building is at least 100*F. Employees are covered in sweat, and are showing signs of heat exhaustion.” At a Burger King, “110+ Degrees in the kitchen over the past few days. The AC system is broken and the employer will not fix it. This is when it’s been 101+ outside. Employees are forced to work nonetheless, no matter the heat hazard.”

It wasn’t just farmworkers and restaurant workers, either. The complaints Jamieson reviewed included a carwash, a cannabis dispensary, a canvassing agency that sends people out to fundraise for nonprofits, and dancers at a gay club. Clearly as climate change makes extreme heat a more frequent occurrence, workplace safety regulations and enforcement are going to need to catch up.

This blog originally appeared at DailyKos on July 17, 2021. Reprinted with permission.

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


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Historic heat wave highlights the need for farmworker protections

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Wage theft is a huge problem that requires a creative solution, this week  in the war on workers | Today's Workplace

Summer heat is a danger for farmworkers every year, with heat deaths happening steadily. But with climate change and heat waves like the one that hit the Pacific Northwest in recent weeks becoming more frequent, the need for legal protections for farmworkers is becoming more urgent. At least one worker died during that heat wave.

California farmworkers have a right to shade when the temperature reaches 80 degrees (though enforcement remains an issue), and farmworkers are winning legislative victories in the states, including Colorado recently and Washington state, gaining minimum wage and overtime protections. But nationally, farmworkers lack protections and enforcement, and heat is an annual danger. The Pacific Northwest’s record-shattering June heat wave drew renewed attention to that—even as some coverage of agriculture in the heat wave talked entirely about the danger to crops and never even mentioned workers.

The workers picking cherries and blueberries in temperatures over 100 degrees included children as young as 12 and adults in their 70s, with some employers not even supplying water, let alone shade.

“There’s no shade where I work,” a cherry picker in Yakima County, Washington, told Motherboard. “A lot of people who don’t feel well keep working so as not to lose money for lunch or rent. People endure a lot to finish. They give more than they are able to.” Elizabeth Strater, strategic campaigns director for the United Farm Workers of America, told Motherboard’s Lauren Kaori Gurley that “There is a perverse incentive to work as fast as you can not to hydrate to the extent that you’d need bathroom breaks,” because so many workers are paid piece rates.

Workers also often work in heavy clothes to protect themselves from chemicals used on crops, as they do unbelievably grueling, skilled work in dangerous heat. This is already a workplace safety issue that demands national policymaking—and it’s only going to get worse thanks to climate change.

This blog originally appeared at DailyKos on July, 5 2021. Reprinted with permission.

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


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Black-owned distillery embraces its workers’ union, this week in the war on workers

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Interview with Laura Clawson, Daily Kos Contributing Editor | Smart  Bitches, Trashy Books

When workers at Du Nord Craft Spirits decided to form a union, joining UNITE HERE Local 17, the company voluntarily recognized them without any delay and in fact publicized the occasion itself. Du Nord bills itself as the first Black-owned distillery in the United States.

“The production staff of Du Nord Craft Spirits chose to form a union because we enjoy and appreciate working here,” the workers said in a statement to the Minneapolis/St. Paul Business Journal. “We have showed up for the company by working through a pandemic, the closure of the cocktail room, an uprising, and committing to work as timelines and job duties fluctuated. The company showed up for us, most recently, by voluntarily recognizing our unionizing effort.”

“The workers knew that I would recognize a union,” owner Chris Montana told the Business Journal. Referring to organizing efforts at several other Twin Cities hospitality businesses, he said, “We hadn’t had a direct conversation about this unionization effort, but as previous places were unionizing I made very clear that if they decided that that’s something they wanted to do, I would recognize it.” Du Nord said he was ready to negotiate.

It’s not exactly going to turn around decades of declining union density in the U.S., but good news is nice to have every now and then, right?

This blog originally appeared at Dailykos on June 19, 2021. Reprinted with permission.

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


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Amazon makes tiny tweak to ‘time off task’ policy following report on high injury rates

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Interview with Laura Clawson, Daily Kos Contributing Editor | Smart  Bitches, Trashy Books

Immediately following a report that Amazon’s workplace injury rates were significantly higher than those of its top rivals, the online retail giant announced a tweak to its notorious “time off task” metric, which workers and advocates say is responsible for the punishing pace that leads to many injuries. The Washington Post looked at Occupational Safety and Health Administration (OSHA) data and found that Amazon warehouses have a rate of 5.9 serious injury incidents per 100 workers, which is nearly double the rate of other retail warehouses and more than double the rate for Walmart warehouses. This despite a decrease in serious injury rates at Amazon warehouses after the company paused performance tracking to allow workers time to wash their hands and sanitize work areas during the pandemic.

In response to the Post’s questions, Amazon detailed an array of efforts to improve injury rates at its warehouses, including “ergonomics programs, guided exercises at employees’ workstations, mechanical assistance equipment, workstation setup and design, and forklift telematics and guardrails—to name a few,” a company spokeswoman told the newspaper. What those efforts notably did not include was relaxing the speed requirements placed on workers that lead to so many of those injuries, at least outside of pandemic safety measures.

But on Tuesday, via a blog post by Dave Clark, CEO of its worldwide consumer division, the company made two announcements clearly designed to garner good publicity: It will stop testing employees for marijuana except for those in positions regulated by the Department of Transportation and will support federal marijuana legalization, and it’s changing how “time off task” is calculated. The time off task metric “can easily be misunderstood,” Clark claimed, insisting that its primary goal “is to understand whether there are issues with the tools that people use to be productive, and only secondarily to identify under-performing employees.”

This is not how Amazon employees experience that, and in any case, constantly finding ways to make the “tools that people use to be productive” go faster is another way to make the workers go faster. “Starting today,” Clark announced, “we’re now averaging Time off Task over a longer period to ensure that there’s more signal and less noise—reinforcing the original intent of the program, and focusing Time off Task conversations on how we can help.”

That’s not a big enough change, said Christy Hoffman, general secretary of UNI Global Union, in a statement: “After months of intense worker activity at Amazon workplaces everywhere, the giant tech is acknowledging that it must at least tweak its management system to soften the blow on workers who have the occasional ‘bad day’. But the basic system remains the same. This small step is welcomed but insufficient. What workers need is a real seat at the table and their voices heard.”

Let’s circle back to the top of this post and remember, we’re talking about a business with a serious injury rate nearly twice that of the industry as a whole and more than twice that of Walmart (which is not exactly known as a great employer). A small tweak is not going to do it. 

Amazon’s injury data also points to the need for stronger government enforcement. A DuPont, Washington, Amazon warehouse sported a serious injury rate of 23.9 per 100 workers in 2020, up from an already high 7.2 serious incidents per 100 workers in 2017. For those conditions, Amazon was cited by Washington State’s Department of Labor and Industries, which specifically identified the following: “There is a direct connection between Amazon’s employee monitoring and discipline systems and workplace MSDs [musculoskeletal disorders].” But the fine was just $7,000. Why would Amazon take the need for change seriously if that’s how much it costs? Instead, the company is trying to deal with its high injury rates as a public relations problem by announcing the smallest possible change to its policy. 

This blog originally appeared at DailyKos on June 2, 2021. Reprinted with permission.

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


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Biden administration weeks behind on Covid-19 workplace safety rules

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The federal worker safety watchdog is weeks behind on President Joe Biden’s deadline for the agency to issue mandatory workplace safety rules that experts say will fight the spread of the coronavirus and protect workers.

Shortly after taking office, Biden gave the Labor Department a March 15 deadline to decide whether such emergency rules were necessary, and it was widely assumed the department would recommend moving forward with them. But three weeks later, newly minted Labor Secretary Marty Walsh is asking the agency to continue reviewing the rule.

“Secretary Walsh reviewed the materials, and determined that they should be updated to reflect the latest scientific analysis of the state of the disease,” a Labor Department spokesperson told POLITICO. “He has ordered a rapid update based on CDC analysis and the latest information regarding the state of vaccinations and the variants. He believes this is the best way to proceed.”

Biden campaigned on making Covid-19 guidelines — currently just optional recommendations for employers — into mandatory rules. Business groups and unions have been bracing for the Occupational Safety and Health Administration to release an emergency workplace safety standard that would immediately require employers to take steps to protect their workers from exposure to the virus.

The rule was expected to at least mandate CDC guidelines on mask wearing, which some industry groups have warned would create headaches for businesses in the states that have already moved to rollback social distancing and mask requirements for businesses. It also would likely require employers to develop a Covid-19 response plan, similar to a required fire drill, for how the businesses would respond if someone was exposed to the virus at work.

The delay is raising concerns among former workplace regulators and worker advocates, who fear Biden may be dropping an essential piece of his Covid-19 response plan, as well as sowing confusion in the business community.

“I’m concerned that there are administration staff who incorrectly believe that the pandemic is under control and that an ETS isn’t necessary,” said David Michaels, who led OSHA during the Obama administration.

“The CDC director is pleading with the country to take precautions, but workers can’t take those precautions” without an ETS, said Michaels, now a professor of occupational health at George Washington University.

Business groups are also scratching their heads after broadly expecting the rules.

“I’m as in much of a befuddlement as anyone,” said Marc Freedman, vice president of employment policy at the Chamber of Commerce. “This sounds like Secretary Walsh and the DOL are grappling with what everyone else is seeing — the increasing success of the vaccines raises serious questions about whether an ETS is justified, such as whether employees are still in ‘grave danger,’ and an ETS can be called ‘necessary.’”

The longer it takes for the Biden administration to release the rule, the harder it could be for the rule to stand up to legal challenges, according to Freedman and attorneys who specialize in workplace safety law.

OSHA only has the authority to issue an “emergency temporary safety standard” if it determines that workers are “in grave danger” due to exposure to something “determined to be toxic or physically harmful or to new hazards.” But that justification could be slipping as the Biden administration rushes to get Americans vaccinated against the virus.

While Biden administration officials have been warning that more contagious strains of the virus are taking hold, the president has been moving to expand access to the vaccine and was optimistic in his last message to the nation, promising Americans a return to some sense of normal life by Independence Day.

Republicans, who have been broadly opposed to any mandatory safety rules, are criticizing what they see as a mixed message from the administration.

“The Biden administration is speaking out of both sides of its mouth,” said Rep. Virginia Foxx (R-N.C.), the top Republican on the House Education and Labor Committee. “The President claims every adult will be eligible for a vaccine in May and then argues an immediate ‘emergency’ standard is necessary to curb the crisis.”

“This politicized process highlights the Biden administration’s blatant incompetence and hypocrisy. The federal government must not add more uncertainty and bureaucratic red tape for job creators, workers, and consumers as we continue to emerge from this crisis.”

But worker-safety experts say that the longer the Biden administration waits, more workers will get sick with the virus and could die.

“We are deeply concerned about when the standard is coming out. Basically workers have been going for a year facing untold numbers of illnesses and deaths without just a basic agreement that employers need to create a safety plan,” said Marcy Goldstein-Gelb, co-executive director of the National Council for Occupational Safety and Health.

“It’s essential, it’s life saving and it needs to come out now,” she said. “We can’t wait another day for this.”

This blog originally appeared at Politico on April 7, 2021. 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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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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Warehouse Workers Are on the Front Lines of the Covid Crisis. They’re Worried They’ll Be Passed Over for the Vaccine.

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As Hal­loween approached, Ronald Jack­son spent his days at a Chica­go-area ware­house for the Mars can­dy com­pa­ny ?“get­ting Hal­loween can­dy to Amer­i­ca.” After co-work­ers got Covid-19, Jack­son com­plained to man­age­ment about a lack of safe­ty pre­cau­tions. Rather than improv­ing pre­cau­tions, he said, the com­pa­ny fired Jack­son for an alleged infrac­tion that occurred months ago.

Such sit­u­a­tions are why work­ers and advo­cates are demand­ing the state of Illi­nois des­ig­nate ware­house work­ers as essen­tial work­ers and pri­or­i­tize them when Covid-19 vac­cines are dis­trib­uted. Ware­house Work­ers for Jus­tice and oth­er labor groups on Tuesday pub­lished a peti­tion to Gov. J.B. Pritzk­er mak­ing these demands. 

They note that ware­house work is essen­tial to the econ­o­my, includ­ing by dis­trib­ut­ing clean­ing sup­plies, per­son­al pro­tec­tive equip­ment (PPE) and oth­er prod­ucts that are espe­cial­ly crit­i­cal dur­ing the pandemic.

Work­ers in ware­hous­es are espe­cial­ly vul­ner­a­ble because the struc­ture of ware­house work?—?where employ­ees are gen­er­al­ly hired through tem­po­rary staffing agen­cies with few pro­tec­tions or rights?—?makes it easy for the own­ers and oper­a­tors of ware­hous­es to ignore risks and fire or silence work­ers like Jack­son who speak up. The peti­tion to Pritzk­er says the 650,000 tem­po­rary staffing work­ers in Illi­nois are dis­pro­por­tion­ate­ly Black and Lat­inx, mean­ing they are also among the groups at dis­pro­por­tion­ate risk for Covid-19infec­tions and com­pli­ca­tions. (There are also tem­po­rary work­ers in oth­er indus­tries, but many thou­sands are employed in the Chica­go area ware­house sector.)

“To devel­op an equi­table vac­ci­na­tion plan you have to ask who bears the brunt of the health and eco­nom­ic impact of the pan­dem­ic, and the answer will always be com­mu­ni­ties of col­or,” said Sophia Zaman, exec­u­tive direc­tor of the group Raise the Floor, a coali­tion of Chica­go work­ers centers. 

The Trump administration’s Depart­ment of Health and Human Ser­vices Sec­re­tary, Alex Azar, said last month that while the fed­er­al gov­ern­ment will issue rec­om­men­da­tions on vac­cine dis­tri­b­u­tion, it will be up to gov­er­nors to decide how to dis­trib­ute vac­cines and pri­or­i­tize recip­i­ents. The Illi­nois Depart­ment of Pub­lic Health has pub­lished guide­lines for local gov­ern­ments to ulti­mate­ly dis­trib­ute the vac­cine giv­en them by the state; mean­while, Chica­go will also receive vac­cines direct­ly from the fed­er­al gov­ern­ment. Right now, ware­house work­ers are list­ed as a ?“pos­si­ble group to include” in Phase 2 of Illi­nois’ vac­cine roll­out when a ?“larg­er num­ber” of vac­cine dos­es is available.

There are sprawl­ing com­plex­es of ware­hous­es in sub­urbs and towns south­west and west of Chica­go, and increas­ing num­bers of ware­hous­es?—?includ­ing for Ama­zon?—?with­in the city lim­its. Many of the ware­house work­ers employed in the sub­urbs live in Chica­go, com­ing pre­dom­i­nant­ly from Lat­inx and Black com­mu­ni­ties that have been hard-hit by Covid-19. 

The governor’s office and Illi­nois Depart­ment of Pub­lic Health didn’t respond to a request for com­ment about the peti­tion by the time this sto­ry was published. 

Dur­ing the governor’s dai­ly coro­n­avirus brief­ing on Decem­ber 8, pub­lic health depart­ment direc­tor Dr. Ngozi Ezike said, ?“While the vac­cine is com­ing, it’s not going to be as much as we want and won’t come out as quick­ly as we like. The first groups to receive the vac­cine will be our health care work­ers and also the res­i­dents of long-term care facil­i­ties… We’re pri­or­i­tiz­ing those at great­est risk of expo­sure and severe illness.”

Mark Balen­tine, a com­mu­ni­ty nav­i­ga­tor for Ware­house Work­ers for Jus­tice, also worked at the Mars ware­house until April, when an acci­dent and his con­cerns about Covid-19 caused him to leave the job, he said. 

“Peo­ple are com­ing up pos­i­tive. There’s a chance you work right next to them on the floor and (man­agers) don’t warn you,” he said, not­ing that he found out one cowork­er had Covid-19 only when he called her on unre­lat­ed Ware­house Work­ers for Jus­tice busi­ness. ?“The bot­tom line with Mars was the dol­lar?—?they were more con­cerned with the dol­lar bill than with people’s health. I don’t believe in play­ing Russ­ian roulette with people’s lives like that.” 

(The U.S. media office for Mars did not respond to a request for comment.)

After being fired from Mars, Jack­son got work at anoth­er sub­ur­ban Chica­go ware­house that ships prod­ucts ?“from fan­cy chi­na to per­fume and every­thing else” for Wal­mart, Ama­zon and oth­er retail­ers. A Covid-19 out­break occurred and the ware­house shut down for about a week, Jack­son said, and he was required to get a test on his own time in order to return to the job that pays $14.50 an hour with no health insur­ance. Jack­son said work­ers still wor­ry they are at high risk of con­tract­ing Covid-19 since, he said, man­age­ment does lit­tle to pro­tect them. 

“They’re just hav­ing us sign a piece of paper say­ing they took our tem­per­a­ture,” he said. ?“It’s real­ly an unsafe work area, they’re not lis­ten­ing to the work­ers, they just want to move these products.” 

Even if he or oth­er work­ers are exposed to some­one with Covid-19, he said, they would like­ly keep going to work because they are not paid if they are quar­an­ti­ning. Balen­tine said his broth­er con­tin­ues to work at the Mars ware­house despite feel­ing at risk, since he needs the money. 

“You make this mon­ey and put it in the bank and now you’re not here to spend it, so what good is it?” said Balen­tine about his deci­sion to quit. He doesn’t believe the com­pa­nies oper­at­ing ware­hous­es will improve pro­tec­tions any time soon, hence the urgency for vac­cines for workers. 

“We need our doc­tors and nurs­es in order to take care of us, we need the health­care work­ers to go by the elder­ly folks and see that they’re straight, and you need the ware­house work­ers because every­thing comes from a ware­house?—?hand san­i­tiz­er, toi­let tis­sue, clean­ing sup­plies,” said Balen­tine. ?“You want to pro­tect (ware­house work­ers) to keep them working.”

Jack­son said that while he thinks ware­house work­ers should be deemed essen­tial and giv­en pri­or­i­ty access to vac­cines, he would him­self be reluc­tant to take it. 

“Me being Black and the way the gov­ern­ment has treat­ed Black peo­ple deal­ing with (med­ical care), I’m not sure I would take the vac­cine,” he said, cit­ing the infa­mous Tuskegee syphilis exper­i­ment, in which Black men were not giv­en ade­quate care or ful­ly informed about the trial. 

Ware­house Work­ers for Jus­tice has long tried to raise aware­ness of abus­es in the indus­try and demand reforms. The tem­po­rary staffing struc­ture means that work­ers have lit­tle oppor­tu­ni­ty to advance or earn high­er wages, and can be fired for any rea­son. As a result, there has been lit­tle recourse for work­ers to address report­ed­ly ram­pant health and safe­ty prob­lems, dis­crim­i­na­tionand sex­u­al harassment. 

As with many inequities and injus­tices, the pan­dem­ic has just ampli­fied and cast light upon the long­stand­ing prob­lems with the ware­hous­ing indus­try, advo­cates and work­ers say. 

“It’s not just about Covid, it’s the way we’re dis­re­spect­ed and mis­treat­ed in these ware­hous­es,” said Balen­tine. ?“They look down on us. We’re treat­ed as invis­i­ble. But with­out ware­house work­ers, noth­ing happens.” 

This blog originally appeared at In These Times on December 10, 2020. Reprinted with permission.

About the Author: Kari Lydersen is a Chica­go-based reporter, author and jour­nal­ism instruc­tor, lead­ing the Social Jus­tice & Inves­tiga­tive spe­cial­iza­tion in the grad­u­ate pro­gram at North­west­ern Uni­ver­si­ty. She is the author of May­or 1%: Rahm Emanuel and the Rise of Chicago’s 99%.


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How Offices Are Tackling The Change In Security Demands

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The conversation about workplace security is not a new one. However, with the evolving demand for health-conscious solutions, the discussion of office security has taken a new turn. 

Remote work and in-office safety precautions to combat COVID-19 has triggered a movement of flexible and resilient workplaces. Employers and employees alike will no doubt see a shift in security and operational protocol in the very near future. Below, we’ll discuss how offices are preparing for just that. 

The Shift to Identity Security 

Network security refers to software – whether it be on-site or otherwise – that sets the security parameter for access authorization. What this means is that a security system grants authorization based off of an identity that the network assigns each particular individual. This identity is associated with different permissions, access, etc. New security standards made possible by new technological advances, however, are finding it more secure to associate authorization with individual identity as opposed to one that is network-assigned. 

Identity security can be assigned to any credential, such as a mobile phone or a biometric characteristic. This eliminates the risk of a physical security breach from a lost, stolen or cloned key card. Cloud managed systems make it easy to assign security permissions and authorizations to any identification credential they choose. Further, system administrators are able to change those permissions of their own volition as opposed to interacting with a third party system operator or hardware. 

When it comes to visitor management, cloud-based office intercom systems also have the capacity to assign identity to visitors within the same platform for a comprehensive access database. 

Advanced Cybersecurity for Remote Work 

Cybersecurity is a constant threat for businesses. When employees are working from the office, they use devices and protocols that are secured with the latest layers of physical and electronic security. But remote work often means that employees use personal devices and public Wi-Fi networks that can expose sensitive data to vulnerabilities. These vulnerabilities can result in costly data breaches and system compromise. 

Companies are taking a proactive approach to thwart the data breach and liability challenges associated with remote work. Increasing awareness and sensitizing users on potential dangers is a great first step. Other measures include educating remote workers on preventive best practices, and implementing strict password policies with two-factor authentication. 

Coworking Spaces 

Coworking is a new take on the traditional office model. It’s incredibly flexible, convenient, and has shown to be very popular, yet there are still security challenges that need to be ironed out. 

A 2020 Clutch Survey shows that 23% of users in a co-working space are concerned with security and safety issues. To rectify this, coworking space owners and operators are allocating unique credentials and Wi-Fi passwords to users. Coworking users are also being provided with a security policy as part of their sign in agreement. 

When it comes to physical security, coworking spaces are adopting advanced, secure visitor management-like models for temporary access. This approach perfectly aligns with the primary idea behind the coworking model. 

Touchless Access Control 

Office security must ensure employee wellness in addition to physical security. The coronavirus pandemic has underscored the need to mitigate health safety risks in the office setting. Along with CDC guidelines such as social distancing, hand washing, and mask wearing, offices are leveraging technology for a more health-conscious approach to security. Touchless access control solutions are being used to reduce the need to touch high-use surfaces at entrances, exits, and elevators. This technology facilitates a frictionless and touchless access experience that encourages social distancing by reducing bottlenecking and mitigates the spread of disease. 

Conclusion

Security will continue to be a discussion among the workplace, and companies that join that conversation to utilize the latest technology and trends will remain resilient and foster business continuity. As offices move to tackle the shift in security, employees can do their best to educate themselves on the changes to come and how they work in order to create the most secure environment possible. 

This blog is printed with permission.

About the Author: Haley Fox has several years of experience as an Employment and Labor Paralegal, specializing in specialty occupation workplace visas and employer compliance. She currently works with Swiftlane to advocate for workplace innovation and safety. 


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This pandemic-year Thanksgiving, think hard about the system that has workers on the job today

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Every Thanksgiving, people across the United States gather with their family and friends to celebrate and eat and be with their loved ones. And at the same time, people across the United States are at work—maybe having rescheduled their holiday meal around their work and maybe having given up the celebration entirely. 

Well, this year is different. Fewer people will be gathered in big family groups. And the people who are working are doing so in radically different, more stressful, more dangerous circumstances. That’s true of the healthcare workers and first responders standing ready to respond to emergencies every hour of every day of the year. More than 1,000 healthcare workers have died of COVID-19, and no one is keeping a reliable count of how many have gotten sick, a fact that hangs over these workers every day.

The grocery workers ringing up the people scrambling to get that one forgotten ingredient for the big meal now do their work at risk to their health, on Thanksgiving and every other day. They’re essential workers who are too often treated as disposable, and paid too little to pay their bills. The United Food and Commercial Workers (UFCW) union represents 1.3 million workers in grocery stores, other retail stores, meat packing and processing, and more. As of early September, at least 238 of its frontline members had died of COVID-19, with 29,000 having been infected or exposed to the virus. Obviously, UFCW members are just a small fraction of the grocery workers nationwide. 

Then there are the workers at the retail chains that try to milk that Black Friday business for every penny they can get by opening on Thanksgiving. Because people shouldn’t have to wait until Friday morning for those sweet sweet doorbuster deals. There’s absolutely no reason those workers should be on the job on Thanksgiving, not even a shred of a reason—besides capitalist greed.

If you’re sitting down to a nice Thanksgiving meal—even a much more solitary one than you had hoped for, even if back in April you were looking ahead to the holidays when the pandemic would surely be behind us—take a moment to think about these workers and about the organization of our society that forces so many of them to be on the job for such flimsy or nonexistent reasons. 

Whatever Thanksgiving means to you, it shouldn’t be a symbol of the race to the bottom, especially during a pandemic that means people in the workplace are very often people whose health is at risk. In a normal year, Thanksgiving should be time to recommit yourself to the fight for everyone to get a (paid) holiday sometimes, for everyone to have the leisure and the budget to relax and celebrate and eat well. In this coronavirus year, it should be a time to recommit yourself to the fight for the government to pay people to stay home if they don’t absolutely need to be at work, to keep people housed and fed and healthy while we wait for a safe and effective vaccine.

This blog was originally published at DailyKos on November 26, 2020 Reprinted with permission.

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


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Businesses brace for mandatory workplace safety rules under Biden

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President-elect Joe Biden has vowed to issue mandatory workplace safety rules that employers must follow to protect workers from coronavirus exposure. It’s likely to be one of his first big fights with American business and a test of how far he can go to create a national strategy to slow a pandemic that is still raging out of control.

Employers, which until now have been treated to a flurry of optional guidelines by the Trump administration that have been revised and rewritten throughout the coronavirus crisis, are bracing for the new Biden rules.

Biden and his allies believe that a national set of rules for employers could help workers return more quickly to offices and other workplaces since everyone would be following the same emergency standard, rather than a patchwork of state-by-state, county-by-county regulations.

“We cannot successfully restart our economy until workers are safe — and the first step is to require that businesses implement very basic measures to prevent the virus from spreading in the workplace,” said Debbie Berkowitz, a senior policy adviser for the Occupational Safety and Health Administration under President Barack Obama who’s now with the National Employment Law Project. “To stem the growing number of cases, hospitalizations and death from COVID 19, it is critical that OSHA, or the Biden administration, promulgate an emergency temporary standard immediately to mitigate the spread of this disease at work and then back out into the community.”

But Republicans and the business community are likely to come out strong against any such broad mandates.

“If done the wrong way, if it’s implemented as a strict regulatory requirement with little flexibility, I think it will be difficult for many businesses to implement,” Neil Bradley, the U.S. Chamber of Commerce’s chief policy officer, said during a press call this week. Ultimately, he said, it “will hold back both fighting the coronavirus and restoring the economy.”

The issue threatens to set up a contentious battle in the lame duck session of Congress, when lawmakers debate a new coronavirus relief package.

Senate Majority Leader Mitch McConnell and other Republicans are demanding a robust liability shield for businesses and schools as a condition for a new aid package — a provision that former OSHA officials say would strip Biden of the ability to enforce Covid-19 workplace protections.

As part of his plan to combat the coronavirus, Biden says he will direct his administration to issue the so-called emergency temporary standard, which would lay out specific precautions that employers must take to protect their workers from exposure to the virus.

The standard isn’t likely to fully take shape until the new administration assumes control of the government, but a former OSHA official predicted it would at least mandate the Centers for Disease Control’s guidelines, which broadly suggest allowing for social distancing, frequently disinfecting the workplace and providing protective equipment like gloves, goggles or face masks.

Implementing such a rule is something the new president could do quickly, even without Senate-confirmed leadership at the Labor Department or OSHA, according to two former senior OSHA officials.

Unions and labor advocates have slammed OSHA over its response to the pandemic. While the worker safety watchdog has cited companies for coronavirus-related risks over the past several months, large corporations have received meager fines in cases where their workers fell ill or have even died from the coronavirus. OSHA has also used its special enforcement powers far more leniently than previous administrations.

Unions say that much of the problem lies with the flexibility the watchdog has given to employers and the influence businesses have had over its enforcement efforts.

But flexibility is what businesses want to maintain.

The Chamber’s Bradley said that while he’s confident the Biden administration will listen to businesses’ position, any emergency standard would need to “be flexible enough to recognize” employers’ ability to implement public health safety measures and to “accommodate the differences in how businesses operate.”

“There is a big concern,” said Robyn Boerstling, who oversees human resources policy issues at the National Association of Manufacturers. “Every manufacturing facility is generally different. They make different things, they have different procedures, they have different assembly lines, production processes. So, manufacturers need flexibility in different ways to implement their controls.”

Boerstling says Biden’s plan will leave businesses with little room to weigh in on how the rules affect their specific industry once the emergency standard is in place.

When OSHA determines workers are in “grave danger,” the agency is able to issue emergency temporary standards that take effect immediately. The emergency standard stays in place until a permanent final rule is issued, but the agency will accept public comments on the standard during that period.

“An ETS is very immediate,” Boerstling said. “It’s permanent until it’s not permanent.”

The American Hospital Association, which represents more than 5,000 hospitals and health care providers that would be heavily regulated under any such infectious disease rule, suggested that an emergency infectious disease standard could hinder the health response to the virus.

The organization issued a fact sheet warning its members that an emergency standard would create “a new layer of conflicting and unnecessary regulatory burden at precisely the wrong time,” putting a strain on supplies of protective equipment and limiting hospital capacity.

“Unions have reported filing numerous OSHA complaints against hospitals; such actions could force hospitals to dramatically reduce their inpatient capacity rather than potentially expose themselves to very large fines,” the fact sheet said.

The maximum fine OSHA can issue against an employer is $134,937 per violation, when an employer’s breach of safety rules is considered “willful” or is a repeated violation. For other violations, including “serious” and “other than serious” offenses, the safety agency’s fines max out at $13,494 per infraction.

Such concerns were what prompted McConnell to push for Covid-19 liability protections — including shielding employers from being fined under federal safety laws — warning that “one-size-fits-all” rules would prompt “an epidemic of lawsuits” against employers who can’t comply.

But with both of Georgia’s U.S. Senate seats facing runoff elections that will determine which party controls the upper chamber, the GOP’s negotiating posture over another aid bill is weaker than when McConnell first made those calls.

While there’s little chance Democrats would be willing to limit their incoming president’s ability to police workplace safety in exchange for an aid bill in the lame duck, McConnell seems in no mood to drop his demand for liability protections.

“It should be highly targeted, very similar to what I put on the floor in October and September,” he said of the next aid bill during a press conference on Capitol Hill Tuesday.

This blog originally appeared at Politico on November 13, 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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