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Working at Home Accidents – Who is Liable?

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In many countries, the number of people working from home has doubled since the outbreak of the Coronavirus pandemic. While many businesses take reasonable care and responsibility for their employees’ safety in the workplace, many are asking what the regulations are for remote workers. 

In this article, we will be discussing accidents when working at home and who is liable.

Your Employer’s Duty of Care

Whether you’re working in the office or from home, your employer is required to protect your health, safety and welfare while you are working for them. 

Just like in-house employees, remote workers expect and are owed the same duty of care from their employers. This duty of care covers everything from the physical working environment of the individual and extends to their mental health needs.

How to Create Safe Work Environments at Home

Unlike offices, where the environment can be controlled and safety measures can be put in place to protect employees, everyone’s home environment differs. From the layout to the furnishing, creating a safe work environment at home means something different for everyone.

Despite this, governments are asking employers to be vigilant about protecting the health and safety of their remote workers, according to Health and Safety Law

Whether employees are working part-time, full-time or on an ad hoc basis, if they are ‘at work’ employers must ensure that all reasonable precautions are taken to prevent any accidents they may otherwise be liable for. McCarthy + Co. Solicitors state the scope of an employer’s duty of care falls under four principal headings, with an employer being obliged to provide his workforce with:

  • Competent co-workers
  • A safe place of work
  • Proper equipment which is fit for purpose
  • A safe system of work

Below are some of the most effective ways employers can support the health and safety of remote workers.

Provide Risk Assessments and Guideline Advice

Often, workplace risk assessments will highlight areas of concern within a workspace, whether that’s in-house or remote. These issues are then raised with the employer and appropriate action is taken to reduce any risk to the employee.

Despite so many people working from home, very few have a suitable working space that isn’t the dining room or kitchen table. As such, accidents can happen – the most common being back pain and injury caused by insufficient working set-ups. 

All employers have a responsibility to ensure the working environments for their employees are suitable for remote working on a long-term basis. Advice should also be provided that helps employees carry out their own basic risk assessment at home and share their findings with employers so that suitable adjustments can be made.

Display Screen Equipment

This includes the use of smartphones, tablets and desktops in the home that allow employees to do their job. All equipment used for work must be provided and properly maintained by the employer. A few steps employees can take to reduce the likelihood of injury whilst working from home include:

  • Regularly changing their working position.
  • Taking short breaks every 10-20 minutes away from the screen.
  • Breaking up long periods of screen time with 5-minute rest breaks every hour.
  • Stretching regularly to avoid stiff joints.

Identifying and Reducing Hazards

Most slips and trips in the office are caused by uneven floors, obstructions in walkways, or inappropriate flooring. Unsurprisingly, these factors also come into play around the home. So, a risk assessment will consider the hazards around your home to ensure any necessary changes are made before remote working commences.

Manual Handling Training and Precautions

If part of your job involves the manual handling of products or the packing of boxes, precautions must be taken to avoid injury. A risk assessment will take these factors into consideration and highlight any areas of concern. It is the responsibility of the employer to provide the necessary training to ensure all manual handling is carried out safely and for the avoidance of any injury.

Mental Health Support

Employers have a duty to protect the mental health and wellbeing of their remote employees. Mental health conditions are classed as disabilities when they have a long-term effect on the everyday functioning of an individual and, as such it is against the law for employers to discriminate against employees with mental health struggles. As such, employers are expected and legally required to provide mental health support for their workers.

The type of support that is provided will depend on each person and their individual needs. However, providing support such as paid-for therapy sessions, online consultations, space to talk, and even the provision of specialist equipment or adjustments to the duties of the job itself are all necessary steps to protect employee mental health.

Equipment Provision

One of the most common injuries suffered by remote workers is because of a chair that is not fit for purpose. Employers are required to provide guidance and advice about the ideal chair and screen positioning to reduce potential injuries.  

Employers must check that remote workers have the equipment they need to do their jobs effectively and that said equipment is in good working order. Employers must also provide remote workers with any personal protective equipment, as necessary.

Who is Liable if You Have an Accident?

Many remote workers are concerned about whether their employer would be liable if they had an accident while working at home. Your employer would only be responsible if you suffered an injury whilst working from home due to some negligence on their part.

As we have already stated in this article, employers are predominantly responsible for carrying out a risk assessment of your working environment and ensuring you have suitable and working equipment available to do your job well. Therefore, unless they neglected to provide suitable training or equipment to you and you had a work-related accident as a result of this, it is unlikely your employer would be liable.

However, it is always important to provide all the facts of your injury and your working environment to a solicitor so they can advise you on your case. The sooner you report your injury and make a claim, the better. Whether you win your case or not, raising the issue will provide useful for your employer and hopefully encourage them to act and improve on any areas of negligence within their company so that future work-related accidents are prevented.

Final Words

Employers have a duty of care to their employees, whether they work in-house or from home. This duty of care requires that employers do everything within their power to ensure their employees are supported, both physically and mentally, to carry out their jobs safely. 

As the number of remote workers around the world continues to increase, employers must continue taking positive action to ensure the health and safety of their employees. 

This blog is printed with permission.

About the author: Gemma Hart is an independent HR professional working remotely from as many coffee shops as she can find. Gemma has gained experience in a number of HR roles but now turns her focus towards growing her brand and building relationships with leading experts.


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Biden Has Abandoned His Covid Worker Safety Pledge

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Biden’s much-anticipated workplace safety rule excludes most workers—and some in the labor movement are not happy.

Until she got her first Pfizer shot on July 16, Cindy Cervantes toiled in the Seaboard Foods pork processing plant in Guymon, Oklahoma for most of the pandemic without a vaccine—working unprotected in an industry devastated by Covid-19 illnesses and deaths.

“In one day, at least 300 people were gone” from the plant, sick from Covid, Cervantes says. Still, “Seaboard wanted a certain number of hogs out. They kept pushing people, the chain was going even faster. People were getting injured, and we were losing even more people.” Six of her coworkers have died from Covid-19, and hundreds have gotten sick, she says.

Ravaged by the pandemic, the roughly 500,000 U.S. workers in meatpacking, meat processing and poultry are not getting much help from the industry or the government. In a sector described as “essential” during the pandemic, at least 50,000 have been infected and more than 250 have died, according to Investigate Midwest, a nonprofit news outlet. Yet amid this grim toll, the North American Meat Institute lobbied successfully to exclude meatpacking and poultry workers from new Covid-19 worker safety rules enacted this June.

Even as vaccine availability in the United States steadily expands, workers still face pandemic peril on the job, from breakthrough cases of Covid-19, as well as low vaccination rates in many areas due to a combination of misinformation, conspiracy theories, and serious access barriers to immigrants who fear deportation. Workers and advocates are sounding the alarm that President Biden has dropped the ball on pandemic-era worker protections, violating one of the first promises of his presidency. This warning has particular salience after the Centers for Disease Control and Prevention (CDC) said Tuesday that some people who are fully vaccinated should wear masks indoors in areas where there are severe outbreaks, due to the spread of the Delta variant. 

On his second day in office, Biden signed an executive order promising to enact new emergency safety rules “if such standards are determined to be necessary” by March 15 to protect millions of “essential” workers like Cervantes. The goal was straightforward: to give workers enforceable protections on the job, such as mandating that companies provide physical distancing and personal protective equipment (PPE). But the deadline came and went, with no new rule. Then, on June 10, after heavy lobbying by many industry groups—Including the American Hospital Association, the National Retail Federation, the North American Meat Institute and the National Grocers Association—Biden issued a narrow rule covering only health care workers.

This is despite the fact that other industries have been devastated by the pandemic. “Almost all my coworkers have gotten it,” Cervantes says of the virus, noting that many of them were out sick for months, and some returned to work with lingering Covid-19 symptoms. Yet, she says, “a lot of workers I work with have not gotten the vaccination” for a host of reasons. Some are “skeptical,” and “think it’s got a chip in it or that it’s not going to work.” 

It’s not hard to get a vaccine at the plant, Cervantes says. But in an industry that relies heavily on immigrants, Latinx and often undocumented workers, there are many barriers to vaccination, researchers note. According to the Kaiser Family Foundation, “Large shares of Hispanic adults—particularly those with lower incomes, the uninsured, and those who are potentially undocumented—express concerns that reflect access-related barriers to vaccination.” Oklahoma, home to the Seaboard plant where Cervantes works, is among the nation’s most dangerous Covid-19 states, with just 40% of the population fully vaccinated, and “high transmission rates,” according to the CDC.

In an email response to questions, Seaboard communications director David Eaheart said the company “proactively” notifies workers of any Covid-19 cases in the plant, and has taken numerous precautions based on CDC and state health guidance, including paid leave for infected workers, and plexiglass shields at “select line workstations.” 

Eaheart acknowledged that in May 2020, testing at the plant identified 440 employees with “active cases of Covid-19,” the plant’s “highest week of reported active cases. All these employees self-isolated at home and were required to follow CDC guidance before being allowed to return to work.” During that week, he said, “overall production was scaled back in the processing plant and fewer animals were processed and products produced.” More than 1000 workers at the plant have tested positive, and six have died, Eaheart confirmed. 

Since March 15, when Biden’s promised Covid-19 workplace safety protections were supposed to take effect, more than 15,000 working-age adults have died from the pandemic in the United States, according to the National Council for Occupational Safety and Health (COSH). “Every one of those individuals had a family that was also at risk of Covid,” said Jessica E. Martinez, co-executive director of National COSH, in a June 9 press release anticipating Biden’s rule. “Releasing an emergency standard three months late and just for health care workers is too little, too late.”

The original rule drafted by the Department of Labor did cover all workers, as Bloomberg Law first reported—but then the infectious disease standard met the buzz saw of politics and industry pressure, and the White House opted to cover health care workers only.

As the Department of Labor’s draft standard stated, “For the first time in its 50-year history, OSHA faces a new hazard so grave that it has killed more than half a million people in the United States in barely over a year, and sickened millions more. OSHA has determined that employee exposure to this new hazard, SARS-CoV2 (the virus that causes Covid-19) presents a grave danger in every shared workplace in the United States.” 

Citing rising vaccination rates—60% of U.S. adults are fully vaccinated, according to the CDC, though just 49% of the population overall—Secretary of Labor Marty Walsh said the new rules focusing on healthcare workers “provide increased protections for those whose health is at heightened risk from coronavirus.” Neither the White House nor the Department of Labor provided any explanation for why other workers in high-exposure jobs were excluded.

“That’s kind of ridiculous,” says Louisiana Walmart worker Peter Naughton. “They should cover retail workers as well. We come into contact with people who may have the virus without knowing it.”

In Louisiana, where new Covid-19 cases are double the national infection rate and vaccinations lag far behind, Naughton, 45, toils in fear every day at a Walmart in Baton Rouge. He got vaccinated in May, but in his job helping customers navigate self-checkout kiosks, Naughton says, “I come into contact with hundreds, possibly thousands, of people a week.” Naughton, who lives in Baton Rouge with his parents to make ends meet, says that despite the recent uptick in Covid-19 cases, and the spread of the extra-dangerous Delta variant, there are minimal safety precautions, and “Walmart is acting like the pandemic is over.”

While the vaccines vastly reduce risk of death or serious illness, infections and “breakthrough cases” are still infecting vaccinated people. And the CDC’s befuddling guidance making masks voluntary for those who are vaccinated, on the honor system, hasn’t helped. Furthermore, the CDC explains, “no vaccines are 100% effective at preventing illness in vaccinated people. There will be a small percentage of fully vaccinated people who still get sick, are hospitalized, or die from Covid-19.”

For Naughton and millions of other “essential workers,” laboring in the pandemic has been a mix of fear, insult and injury. Even when Covid-19 was at its most deadly and virulent, basic safety measures such as social distancing, mask-wearing and cleaning were “never enforced” at Walmart, says Naughton. “They never gave us any PPE, just glass cleaner, which doesn’t protect us. Customers could come in without masks and nothing would be said to them. I complained about it and the manager said, ‘Don’t worry about it, let the customers do what they want.’”

Several of Naughton’s coworkers got infected and ill from Covid-19, but “management never said a word to any of us,” he says. “Most of them I came into close contact with. That kind of scared me. … We all should have known about it.” Naughton says he filed a complaint in November 2020 requesting OSHA to inspect the Baton Rouge Walmart, but “I never heard back, nothing ever happened.”

To top it off, when Naughton received the vaccine in May, he was hit by a 102.4 degree fever—but he had to work anyway, because Walmart employees can “lose our job” after five absences for any reason. Nobody at Walmart took his temperature or inquired about his health, he says.

Through email, Tyler Thomason, Walmart’s senior manager of global communications, insisted to In These Times, “We encourage our associates to get vaccinated. We offer the vaccine at no cost to associates… We continue to request that associates and customers wear face coverings unless they are vaccinated. Any information on confirmed, positive COVID-19 cases would come from the local health authority.”

Unions Sue to Protect More Workers

Naughton isn’t the only person disappointed by Biden’s exclusion of most workers from this emergency pandemic protection. Unions have pushed for the protection since the pandemic began ravaging the United States in March 2020. First, they encountered staunch resistance from the Trump administration; now, while pledging expansive worker protections, the Biden administration has delayed and diminished them.

On June 10, as the Biden administration announced the narrow new rule leaving out millions of workers, advocates expressed disappointment and frustration. 

Biden’s decision to cover only health care workers “represents a broken promise to the millions of American workers in grocery stores and meatpacking plants who have gotten sick and died on the frontlines of this pandemic,” stated United Food and Commercial Workers (UFCW) International Union International President Marc Perrone the day the new rule was announced. 

That day, the AFL-CIO added, “we are deeply concerned that the [standard] will not cover workers in other industries, including those in meatpacking, grocery, transportation and corrections, who have suffered high rates of Covid-19 infections and death. Many of these are low-wage workers of color who have been disproportionately impacted by Covid-19 exposures and infections.”

On June 24, the AFL-CIO and UFCW filed a petition in federal court demanding that all workers be covered by the emergency standard, which, the petition says, currently “fails to protect employees outside the healthcare industry who face a similar grave danger from occupational exposure to Covid-19.”

Another champion of the emergency standard, Rep. Bobby Scott (DVa.), Chair of the House Committee on Education and Labor, also expressed frustration when Biden released the narrow new rule, calling the diminished standard “too little, too late for countless workers and families across the country,” including workers throughout the food industry and homeless shelters. Rep. Scott added: “I am disappointed by both the timing and the scope of this workplace safety standard.” The rule, Scott said, “is long past due, and it provides no meaningful protection to many workers who remain at high risk of serious illness from Covid-19.”

Biden’s decision to exclude meatpackers, grocery and farm workers, retail and warehouse laborers and others means especially high risks for workers of color, Rep. Scott noted. “With vaccination rates for Black and Brown people lagging far behind the overall population, the lack of a comprehensive workplace safety standard and the rapid reopening of the economy is a dangerous combination,” he said.

Much of this “essential” workforce of people of color, immigrants and low-income white people, toils in dangerous farm labor and food processing plants where Covid-19 has spread like wildfire while vaccination rates remain low. “Workers in this industry have a very low vaccination rate,” as low as 37% in some states, says Martin Rosas, president of UFCW Local 2 representing meatpacking and food processing workers in Kansas, Oklahoma and Missouri. “I don’t know who in their right mind would think we’ve passed over that bridge and think all workers are safe now.” Rosas adds, “The federal government has failed to protect meatpacking workers” by leaving them out of the final emergency standard. “I’m extremely disappointed in the Biden administration.”

Both the Department of Labor and the White House declined multiple interview requests, but a Department of Labor spokesperson emailed a statement insisting that the health-care-workers-only rule “closely follows the CDC’s guidance for health care workers and the science, which tells us that those who come into regular contact with people either suspected of having or being treated for Covid-19, are most at risk.”

The Department of Labor spokesperson stressed that the agency’s existing (yet unenforceable) “guidance” and the “general duty clause” protect other workers adequately, particularly in “industries noted for prolonged close-contacts like meat processing, manufacturing, seafood processing, and grocery and high-volume retail.” But in its own draft standard, the Department of Labor stated the opposite: “existing standards, regulations, and the OSH Act’s General Duty Clause are wholly inadequate to address the Covid-19 hazard.” In its original draft, the agency insisted, “a Covid-19 ETS [emergency temporary standard] is necessary to address these inadequacies.”

Marcy Goldstein-Gelb, National COSH’s co-executive director, says President Biden “is responsible” for the 15,000 workers who have died from Covid-19 since Biden’s March 15 deadline to enact the emergency standard. Biden, she notes, “promised to protect workers in his campaign and on his first day in office, but he neglected them. But workers’ safety needs aren’t over, and we’ll be continuing to demand accountability from the administration.”

This post originally appeared at In These Times on July 19, 2021. Reprinted with permission.

About the author: Christopher Cook is an award-winning investigative reporter who also writes for Harper’s, The Atlantic, The Guardian, Mother Jones, and the Los Angeles Times. He is the author of Diet for a Dead Planet: Big Business and the Coming Food Crisis


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WHICH STATES AND CITIES HAVE ADOPTED COMPREHENSIVE COVID-19 WORKER PROTECTIONS?

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14 STATES HAVE ADOPTED COMPREHENSIVE COVID WORKER SAFETY PROTECTIONS SO FAR

As the COVID-19 pandemic surges in the United States, workers have continued to protest and organize for their safety and health—but action is needed at all levels of government, starting with the top. To date, the Trump administration—specifically, the Occupational Safety and Health Administration—has resisted issuing any workplace safety standards or requirements to protect workers from COVID-19 in the workplace. In the absence of federal leadership, some governors and state health departments have stepped up to expand worker protections.

OSHA has resisted issuing any workplace safety standards or requirements to protect workers from COVID-19 in the workplace.

Some states have issued executive orders with very specific worker protection requirements, and Virginia issued a first-in-the-nation Emergency Temporary Standard to protect workers. Oregon and Michigan also have issued emergency standards. Other states have issued guidelines, some of which they intend to enforce. Some cities as well have issued protective ordinances for workers.

Many states’ executive orders (including the Virginia standard) require employers to heed the following:

  • ensure physical distancing of at least six feet between employees and their coworkers and customers;
  • provide face masks to all employees if maintaining six-foot social distance is not always possible;
  • require customer to wear face masks;
  • provide employees with other personal protective equipment in addition to face coverings;
  • improve ventilation;
  • provide employees with regular access to hand-washing and soap;
  • have hand sanitizer readily available to workers;
  • require deep cleaning after COVID cases are discovered in the workplace; and
  • notify workers when cases are found.

In some states, such as Oregon, Michigan, and Nevada, enforcement is handled by state occupational safety and health agencies; in others, by health departments, labor departments, and the attorney general’s office. Some states where federal OSHA has traditionally done enforcement are still figuring out how best to enforce these protections.

Inexcusably, the Trump administration has abandoned its responsibility to ensure that workers and the general public are safe in this pandemic. As the number of workers infected with and dying from this disease continues to grow, it’s clear that a voluntary approach to worker safety is not mitigating this public health disaster.

A voluntary approach to worker safety has failed to mitigate this public health disaster.

Even while workers continue to take major risks in speaking out and organizing in their workplaces, communities of color are paying the heaviest price for this federal policy failure. Although all workers on the job now or returning to work in the near future are at risk of illness, Black and Latinx workers and other workers of color, including immigrants, are more likely to be in frontline jobs. In addition, these communities have disproportionate rates of serious illness and death related to COVID-19, stemming from structural racism over generations related to healthcare and access to care. It is crucial that state and local policymakers step up to prioritize these workers and thereby further protect communities in this pandemic.

Below is a list of the 14 states that have adopted comprehensive worker safety protections (with links to more information). In addition to these, separate executive orders requiring face masks in the workplace have been issued by some governors (e.g., North CarolinaTexas, Massachusetts), cities (e.g., Raleigh, NC), and counties. Philadelphia has also issued the first citywide ordinance protecting workers from retaliation for raising COVID-19 safety and health concerns or refusing to work under unsafe conditions related to COVID-19.

California

Cal/OSHA adopted a new emergency standard for COVID prevention on November 19, 2020:
https://www.dir.ca.gov/OSHSB/documents/COVID-19-Prevention-Emergency-apprvdtxt.pdf

https://www.dir.ca.gov/title8/5199.html (the Cal/OSHA aerosol transmission standard that covers healthcare and first-response employees)

http://file.lacounty.gov/SDSInter/bos/supdocs/147290.pdf (L.A. County Board of Supervisors approved a proposal to facilitate worker-led health councils to monitor business compliance with public health orders mitigating the spread of COVID-19 at work)

https://thelafed.org/releases/in-battle-against-covid-19-board-of-supervisors-propose-innovative-solution/

Illinois

https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-32.aspx (initial EO issued April 30)

https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-38.aspx (updated EO issued May 29)

http://dph.illinois.gov/covid19/community-guidance/guidance-food-and-meat-processing-facilities (issued by Illinois Department of Public Health)

From the reopening checklists now being published: “Any employee who has had close contact with co-worker or any other person who is diagnosed with COVID-19 should quarantine for 14 days after the last/most recent contact with the infectious individual and should seek a COVID-19 test at a state or local government testing center, healthcare center or other testing locations. All other employees should be on alert for symptoms of fever, cough, or shortness of breath and taking temperature if symptoms develop.”

Kentucky

https://govstatus.egov.com/ky-healthy-at-work

Massachusetts

https://www.mass.gov/info-details/reopening-mandatory-safety-standards-for-workplaces

https://www.mass.gov/forms/report-unsafe-working-conditions-during-covid-19 (complaint form)

https://www.mass.gov/service-details/covid-19-workplace-safety-measures-for-reopening

Michigan

Michigan OSHA issued Emergency Rules for COVID-19 on October 14, 2020. (See related press release.)

Two executive orders previously issued (here and here) will no longer be enforced by the state due to a Michigan Supreme Court decision on October 2nd invalidating the orders.

Minnesota

https://www.health.state.mn.us/diseases/coronavirus/businesses.html

https://www.dli.mn.gov/sites/default/files/pdf/COVID_19_business_plan_template.pdf

https://www.dli.mn.gov/sites/default/files/pdf/COVID_19_meatpacking_guidance.pdf (for meat)

https://www.leg.state.mn.us/archive/execorders/20-54.pdf (on the right to refuse work)

Nevada

http://business.nv.gov/News_Media/COVID-19_Announcements/

http://gov.nv.gov/News/Emergency_Orders/2020/2020-04-29_-_COVID-19_Declaration_of_Emergency_Directive_016_(Attachments)/

http://gov.nv.gov/News/Emergency_Orders/2020/2020-05-07_-_COVID-19_Declaration_of_Emergency_Directive_018_-_Phase_One_Reopening_(Attachments)/

New Jersey

On October 28, 2020, New Jersey’s governor issued Executive Order 192 to protect New Jersey’s workers during the pandemic. The governor’s press release provides an overview.

This comes on top of an earlier executive order issued on April 8, 2020 requiring essential retail businesses and industries to take steps to limit the spread of COVID-19, among other things. (The state is also updating industry-specific guidance.)

New York

https://agriculture.ny.gov/system/files/documents/2020/04/retailfoodstoreguidanceforseniors_1.pdf (some essential industries remain without guidance)

https://forward.ny.gov/

Oregon

On November 6, 2020, Oregon OSHA adopted a new COVID-19 emergency temporary rule addressing COVID-19 workplace risks.

This follows previous executive orders issued during the pandemic:
– https://www.oregon.gov/gov/admin/Pages/eo_20-12.aspx (executive order)
– https://osha.oregon.gov/news/2020/Pages/nr2020-19.aspx (Oregon OSHA)
– https://www.wweek.com/news/2020/07/01/oregon-osha-to-enforce-mask-rules/ (enforcing the EO)

Pennsylvania

https://www.governor.pa.gov/wp-content/uploads/2020/04/20200415-SOH-worker-safety-order.pdf

https://www.jacksonlewis.com/sites/default/files/docs/PhiladelphiaCertifiedCopy20032801.pdf (Philadelphia ordinance that includes retaliation protections for raising concerns or refusing unsafe work; plus private right of action)

Rhode Island

https://reopeningri.com/wp-content/uploads/2020/05/COVID-19-Control_Plan_Fillable_Template-Final-5.13.20.pdf?189db0&189db0

Virginia

https://www.doli.virginia.gov/wp-content/uploads/2021/01/Final-Standard-for-Infectious-Disease-Prevention-of-the-Virus-That-Causes-COVID-19-16-VAC25-220-1.27.2021.pdf (Virginia issued a Final Permanent Standard for preventing COVID-19, effective January 27. 2021)

https://www.doli.virginia.gov/wp-content/uploads/2020/07/COVID-19-Emergency-Temporary-Standard-FOR-PUBLIC-DISTRIBUTION-FINAL-7.17.2020.pdf (Virginia OSH passed the nation’s first Emergency Temporary Standard for workers, effective the week of July 27, 2020)

Washington State

https://www.governor.wa.gov/sites/default/files/COVID19AgriculturalSafetyPlan.pdf (COVID protections for farmworkers)

https://www.doh.wa.gov/Portals/1/Documents/4300/TWH-RevisedRule-9-10-2020.pdf (revised emergency rule on temporary worker housing)

https://www.governor.wa.gov/issues/issues/covid-19-resources/covid-19-reopening-guidance-businesses-and-workers (this is written as enforceable guidance)

https://www.lni.wa.gov/safety-health/safety-rules/enforcement-policies/DD170.pdf (enforcement)

This blog originally appeared at Nelp on May 10, 2021.

About the Author: Debbie Berkowitz, NELP’s Worker Safety and Health program director, joined NELP in 2015, following six years serving as chief of staff and then a senior policy adviser for the Occupational Safety and Health Administration (OSHA) (2009-2015)


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Essential workers worried about CDC’s honor-system mask guidance, this week in the war on workers

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The United Food and Commercial Workers (UFCW) union, which represents many grocery workers, is … not happy about the Centers for Disease Control and Preventions’ (CDC) new guidance that vaccinated people can go unmasked indoors. Food and retail workers, after all, have been contending all along with people who refused rules about masks, and are now guaranteed to have to contend with people who may be lying about being vaccinated. The honor system guidance doesn’t take these workers into account. 

“Millions of Americans are doing the right thing and getting vaccinated, but essential workers are still forced to play mask police for shoppers who are unvaccinated and refuse to follow local COVID safety measures. Are they now supposed to become the vaccination police?” UFCW President Marc Perrone said in a statement. “With so many states already ending their mask mandates, this new CDC guidance must do more to acknowledge the real and daily challenge these workers and the American people still face.”

The UFCW wants the CDC to clarify how exactly workers will be kept safe. 

This blog originally appeared at Daily Kos on May 15, 2020. Reprinted with Permission.

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


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Masks for thee, but not for me?

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Rebecca Rainey

What everyone’s thinking about this week: Should workers still be required to wear masks on the job?

When the Centers for Disease Control and Prevention suddenly updated its guidance last week to allow fully vaccinated Americans to gather without masks indoors and outdoors, even if some in their group are unvaccinated, the agency created confusion about what that change means for the workplace.

Right now, it’s up to your boss to decide whether you need to wear a mask or not. The CDC’s guidelines are optional. (The Biden administration is working on mandatory workplace Covid-19 rules, but we’ll get to that later.)

The United Food and Commercial Workers union, which represents 1.3 million food and retail workers, warned that the CDC failed to consider the risks the new guidance creates for workers and that it now requires them to become “vaccination police” for customers.

And employers in the same sector are taking their side: “The Retail Industry Leaders Association, a trade group, said the CDC’s mask announcement creates ambiguity since it doesn’t align with state and local orders,” Robbie Whelan and Sarah Nassauer reported for the Wall Street Journal. Some companies like Target and Kroger, as well as General Motors and Toyota, have decided to keep their own mask mandates in place for the time being.

BUT: Walmart, the country’s largest retailer, and subsidiary Sam’s Club said Friday it would stop requiring masks — depending on state and local rules — for fully vaccinated staff and customers, effective Tuesday. “Unvaccinated associates must still wear face coverings, per CDC guidance,” the company said. “Some associates may choose to continue to wear masks, and as part of our value of respect for the individual we should all support their right to do so.” Publix similarly changed its rules so that vaccinated workers and patrons don’t have to don masks.

The big takeaway: David Barron, labor and employment attorney at Cozen O’Connor, predicts that most workers in customer-facing jobs will likely still have to wear masks, despite the CDC’s change. He also warns that it will be “difficult to enforce” separate workplace rules for vaccinated and unvaccinated employees, which large retailers have already started to implement.

Where’s OSHA? The switcheroo from the Biden administration, which came just a few weeks after the White House urged people to still wear masks in public, raises questions about the future of any mandatory Covid-19 workplace safety rules. These rules were expected to be issued by mid-March, but weren’t sent to the Office of Management and Budget for final review until April 26.

Workplace safety experts and attorneys say that rules issued by the Occupational Safety and Health Administration are typically strongly influenced by CDC guidelines — and the CDC’s advice regarding masks has been changed twice by the Biden administration in less than a month.

WE KEEP ON WAITING: Once the OSHA rules clear the White House budget office, they will become public and go into effect. OMB has review meetings on the rules scheduled through May 24, meaning we’re still at least a week away from seeing them.

This blog originally appeared at Politico on May 17, 2020.

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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ABB, EPI, and NELP Release Toolkit For Advocates and Policymakers On Model Policies Local Governments Can Implement to Raise Standards For Frontline Workers During COVID and Beyond

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Washington, DC— Today, the National Employment Law Project (NELP), A Better Balance (ABB), and the Economic Policy Institute (EPI) released a toolkit for advocates and policymakers featuring four model policies that cities and counties can implement immediately to respond to workers’ calls for safety and dignity on the job—in the pandemic and beyond. The four model policies would advance premium pay, paid sick days, COVID-19 worker health and safety, and protection against retaliation.

Over a year into the COVID-19 crisis, federal law still does not guarantee workers premium pay for working on the frontlines during emergencies; the right to paid days off when they or family members are sick; enforceable COVID-19 health and safety protections; and adequate protection against being punished for speaking up on the job about unsafe conditions or violations of their rights. Far too many state laws and corporate policies also fall short when it comes to these standards.

Occupational segregation has disproportionately pushed Black and Latinx workers, the majority of them women, into underpaid, yet always essential, jobs that are now on the frontlines of the pandemic. Across the country, workers of color have tied their demands for pandemic protections to fights for racial, gender, and economic justice.

While the Biden administration has begun to address some of the gaps the Trump administration and Congress left in responding to our communities’ calls, a chasm remains. But city and county governments can step in right now to enact laws and policies that will help keep workers and the public safe during the ongoing pandemic and beyond. The new model policy toolkit from NELP, ABB, and EPI includes four model laws that cities and counties can and must adopt to heed workers’ calls:Emergency premium pay for frontline workers; a permanent right to paid sick leave with additional time off during a declared public health emergency; health and safety protections for certain frontline workers who will not be protected by upcoming OSHA Emergency Temporary Standard (ETS) for COVID-19 , including app-based workers and domestic workers; and anti-retaliation protections to ensure workers can speak up about job conditions and enforce their rights safely during this crisis and after. This, too, is about racial justice—a recent survey from NELP found that Black workers were twice as likely as white workers to report that they or someone at work may have been punished or fired for raising concerns about COVID-19 spreading in the workplace.

The model laws in the toolkit are designed so localities can adapt them to meet local needs.

“The pandemic has made it clearer than ever that the laws ensuring the safety of workers, unemployed people, and our communities overall are woefully inadequate. And because our lives are all so deeply intertwined, what affects one worker affects all of us—when a grocery store cashier doesn’t feel safe bringing up concerns about lacking COVID-19 safety precautions at work, and then workers get sick, the spread continues into the community. Unfortunately, we are not out of this yet, and cities must hear workers’ calls and step in now,” says NELP Executive Director Rebecca Dixon.

“Without paid sick leave and strong workplace health and safety standards, millions of individuals around the country are forced to sacrifice their personal and family health, or risk their income when they need it most. At A Better Balance, through our free legal helpline, we hear every day from working individuals whose experiences show how the pandemic has sharply exacerbated our nation’s longstanding crisis of care, with especially harsh consequences for low-wage workers and women of color. Local governments have a critical role to play in passing robust policies to protect workers’ health and safety and enable them to care for themselves and their loved ones,” says A Better Balance Co-Founder and Co-President Sherry Leiwant.

“Strong economies require standards that ensure workers are safe and paid fairly. Over the past year, people in frontline jobs have put their lives on the line with little bargaining power to demand higher pay or safer workplaces. They deserve basic protections to keep them and their families safe, as well as pay that compensates them for the added risk they’re taking in order to keep the economy going,” says EPI Senior Economic Analyst David Cooper.

Ultimately, the pandemic has laid bare how deeply structural racism and long-standing anti-worker policy impacts every corner of our society—and how little our laws protect workers, and especially workers of color in underpaid, frontline jobs. But there is also a tremendous opportunity here: Local governments can play a critical role in building a just recovery from the COVID-19 pandemic, by taking steps to advance worker and community safety and dignity, during this crisis and beyond.

Download the model local policy toolkit now

###

This blog originally appeared at NELP on April 7, 2021. Reprinted with permission.

About A Better Balance 

A Better Balance, a national, nonprofit advocacy organization, uses the power of the law to advance justice for workers, so they can care for themselves and their loved ones without jeopardizing their economic security. To learn more, visit abetterbalance.org and follow A Better Balance on Twitter @ABetterBalance.

About the Economic Policy Institute

The Economic Policy Institute (EPI) is a nonprofit, nonpartisan think tank created in 1986 to include the needs of low- and middle-income workers in economic policy discussions. EPI believes every working person deserves a good job with fair pay, affordable health care, and retirement security.To achieve this goal, EPI conducts research and analysis on the economic status of working America. EPI proposes public policies that protect and improve the economic conditions of low- and middle-income workers and assesses policies with respect to how they affect those workers.

About National Employment Law Project
The National Employment Law Project is a non-partisan, not-for-profit organization that conducts research and advocates on issues affecting underpaid and unemployed workers.


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A Year in the Life of Safeway 1048

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Tekele Abraha does not run marathons, but she wears Hoka shoes. This thick-soled choice of elite runners can cost more than $150a pair, nearly a day’s pay for Abraha, who wears them to cushion the long hours she spends on concrete floors, six days a week. She hopes the shoes will stave off the grinding joint and back pain that afflicts many of her coworkers. 

Abraha is a grocery worker. The shoes mark one of many unseen tolls of her job. 

We talk in an airless, subterranean breakroom at Safeway store 1048 in Arlington, Va., a typical, prosperous suburb of Washington, D.C. The low-slung store sits partially submerged next to an underground parking garage on the main drag of the Rosslyn neighborhood, full of gleaming office buildings and apartment towers that look like office buildings. The store’s staff is as diverse as Embassy Row, just across the Potomac River: Black and white, Eastern European, East African. 

Abraha, a 42-year-old single mother of two, grew up in poverty in Ethiopia with her mother and four brothers, unable to afford three meals a day. She came to the United States at 17, without knowing English, and worked three fast food jobs. Sometimes, she slept in a McDonald’s to save time. Eventually, Abraha scraped together $15,000, enough to buy her mother a six-bedroom house in Ethiopia, which fills her with pride. 

For the past 18 years, Abraha has worked at Safeway. Six days a week, late into the night, she helps run the front of the store. Her diligence is matched by the toll it has taken on her during the pandemic. In fear of bringing home coronavirus, she has not kissed her two college-age children since March 2020, even though they live with her. 

“Every time I go home, I was insecure,” she says. ?“I thought, ?‘I’m gonna take something with me. I’m gonna get sick. I’m gonna lose my children.’” Tears well up in her eyes when she contemplates the past year. But she is not one to complain. 

“I don’t have any choice,” she says. ?“That’s life. I have to pay the bills.” 

For many people, the past year has been a shocking break from the normal rhythms of their personal and professional lives. And then there are grocery workers. 

The lives of grocery workers have continued as usual, but with an added dose of deadly risk. They never really signed up for it. Though less celebrated than nurses or paramedics, grocery workers are quintessential frontline workers?—?the ones who have kept showing up so the rest of us can survive. 

Like their counterparts across the country, the employees of Safeway 1048have kept on working through a dangerous year. Their employer has given them mask policies, more cleaning in stores and a fleeting dose of hazard pay, but their lived experience has shown them the safety net has holes big enough to fall through. The experience has left many of them bitter. 

Safeway is neither an outlier on safety issues nor a uniquely bad employer. It has given out personal protective equipment and established a contact-tracing program with up to two weeks of quarantine pay. The company also says it intends to offer the vaccine to every worker as soon as their city or county makes it available to grocery workers. The workers at Safeway 1048, despite being eligible per state guidelines, had not been offered the vaccine by early March. (The company said that ?“our pharmacies in northern Virginia are under the direction of the [Virginia Department of Health] not to vaccinate anyone under the age of 65.”) 

A review of policies at some of Safeway’s biggest direct competitors?—?Walmart and Costco, as well as grocery conglomerates Kroger, Publix and Ahold Delhaize (Food Lion, Giant, Stop & Shop)?—?shows that Safeway’s policies on hazard pay, sick leave, masks, worker safety and vaccinations are very much in line with the industry. It almost seems as if the grocery industry’s employers, customers and regulators have settled on a set of standards without bothering to ask the workers whether they think those standards are adequate. 

The one thing Safeway’s workers have going for them is their union. They have seniority rights, pay minimums, guaranteed vacations, a grievance procedure and other basic protections their non-union counterparts lack. Safeway has been unionized since at least 1935, when it signed an agreement with the Amalgamated Meat Cutters, which later merged with the Retail Clerks International to form today’s United Food and Commercial Workers (UFCW). Today, more than 6,000 Safeway workers in D.C. and the surrounding states are part of UFCW Local 400. Since Virginia is a so-called right-to-work state, no worker is required to pay union dues; about three-quarters of the 65 employees at Safeway 1048 are dues-paying members. 

Their longtime union rep is Heith Fenner, a solicitous, ruddy-faced man who roams the store greeting everyone by name and checking in on new issues weekly. A former grocery worker who has served as a union rep at seven different grocery chains, Fenner is a virtual encyclopedia of the industry’s problems. 

“Safeway runs a skeleton crew,” he says. ?“They run almost short-handed, particularly in key positions. When you get a small [Covid-19] outbreak in the store, that leaves you shorthanded. Even worse, it becomes a catastrophe for trying to run the store when you have four or five people out.” 

It is not hard to imagine how this corporate dedication to reducing costs could create a strong disincentive for Safeway to pay close attention to safety measures, because safety measures can be expensive. Paid sick leave while workers quarantine will inevitably raise labor costs. Employees say, over the past year, their store’s management has shown little institutional concern for worker health and safety, consistently prioritizing profits and corporate reputation over the lives of workers.

Anthony Sistrunk, a fast-talking, 39-year-old D.C. native who has worked for Safeway since he was 17, had a rough 2020. 

“The year started off fucked up,” Sistrunk remembers. In January 2020, just as he was coming off a cancer scare, he had to have his appendix removed. He returned to work after recovering, but one day soon after he felt so dizzy he went home after only a couple of hours. He slept all day, woke up at night feeling bad and passed out on his floor. After a trip to the emergency room, Sistrunk got the bad news: He was the first employee of Safeway 1048 to test positive for Covid. 

Dehydrated, coughing and his head throbbing, Sistrunk went on Facebook and made a quick post so his friends and coworkers would know he tested positive. He was primarily concerned about the health of his coworkers?—?masks were not yet mandatory, even for employees. 

“And then,” Sistrunk says, ?“all hell broke loose.” 

Shortly after his social media post, he says, he received a call from the Safeway human resources department, asking pointedly if he was ?“badmouthing” the company. 

“I was offended,” Sistrunk says. ?“I felt like Safeway was trying to stop any kind of bad media. They didn’t want any kind of uproar.” 

Sistrunk was so sick he didn’t return to work for seven weeks. He lost his sense of taste and smell and had trouble breathing. ?“The worst thing was the fatigue,” he says. ?“I felt like someone snatched my soul.” 

Fenner called him every other day to check in. Sistrunk did receive paid sick leave?—?two-thirds of his average wage?—?as a benefit of his union health insurance plan. ?“God forbid if you’re not a union member,” Sistrunk says with the tone of someone looking back on a narrowly avoided disaster. ?“You’re screwed.” 

When Sistrunk began with the company 22 years ago, he says it felt like an exclusive and highly valued job. He had to write an essay with his application about why he wanted to work there. There were employee outings: summer cookouts, bowling parties, crab feasts. But all of that faded away as the years went by and, it seemed to Sistrunk, management focused more and more intensely on profits. He sounds wistful when he reflects on his years there. ?“It’s not that family bond anymore,” he says.

Safeway is one of 20 grocery chains owned by Albertsons Companies, whose biggest investor is the private equity firm Cerberus Capital Management, named for the three-headed dog of Greek mythology that guards the gates of hell to make sure no one gets out. According to Andrew Whelan, a spokesperson for Albertsons, ?“When we learn that an associate has a confirmed case of Covid-19, our crisis response team conducts a close contacts investigation and may recommend that additional members of the store team self-quarantine.” The company offers up to 80 hours of ?“quarantine pay” for those who meet its standards. Whelan says the store is ?“appropriately staffed.” 

Safeway uses the definition of ?“close contact” provided by the Centers for Disease Control and Prevention, which is 15 minutes or more within 6 feet of an infected person per day. It’s an extremely high bar in a store where everyone is moving around. Consequently, employees and the union say management at Safeway 1048 rarely tells a worker to quarantine. 

I got a firsthand view of this dynamic in action. When I went to the store to talk with workers, nearly everyone was discussing that an employee from the cut-fruit section had tested positive. I saw where the fruit-cutting happens: a windowless corner of steel tables in back by the breakroom, where several people work at once. If I worked in such close quarters with a Covid-positive person, I would certainly be worried. 

Fenner says, after management was alerted to the situation by the union, they ?“cleaned and sanitized” the store but did not order any quarantines or alert employees to the positive test. Whelan disputes this, saying that one employee was quarantined due to ?“close contact.” Whelan also says the company informs the staff when an employee tests positive, but workers say they usually hear through word of mouth or from the union.

Then there is the matter of customers who shop without masks. Every employee I spoke with cited this persistent minority of customers as a threat to their health, particularly because workers are not empowered to do anything about the situation except to offer a mask to customers. 

“I’ve been called ?‘bitch’ so many times” for asking customers to wear a mask, Abraha says. ?“I wish the company took it seriously.” 

The Safeway store does not have a security guard, meaning regular workers and supervisors become de facto security guards and mask-checkers. Calling the police doesn’t feel like an option. ?“By the time you call the cops,” Sistrunk says, the maskless shoppers ?“are out of here.” 

Whelan acknowledges that while the store has signs telling customers to wear masks, ?“If a customer refuses to wear a mask and to leave the store, we permit the customer to continue shopping in order to avoid conflicts that would put the store director or other employees and customers at risk.” 

Jason Winbush, a bearded, 44-year-old food clerk who has been at Safeway for 28 years, has a wife and five children at home. The combination of management’s failure to alert employees directly about positive tests or to find a way to make customers wear masks has convinced him the company does ?“not at all” take the safety of its workers seriously. Winbush has even used some of his vacation days to get time away from the store because the mask situation worried him so much. 

“It’s starting to get [to be] too much,” Winbush says. ?“It’s stressful. Very stressful. It’s written on the wall: Money is more important than your employees. And that’s not right, cause you don’t know if we have preexisting conditions, if my kids have preexisting conditions.”

Stuart Allison, a man with a pleasant Southern drawl and the enormous hands of a heavyweight boxer, has been cutting meat at Safeway 1048 for 25 years. That is less than half of the time he has been working for Safeway, where he began as a meat cutter in 1968. (After more than a half-century with the company, Allison makes $24 an hour.) He is 79, works six 8?hour shifts a week, exercises regularly and appears perfectly capable of wrestling a man half his age. 

Allison remembers seeing people die during a flu epidemic in the 1940s, and those experiences have left him a remarkably calm person. Even though Allison contracted a mild case of Covid in summer 2020, he has never allowed the events of the past year to throw him into a panic. ?“Things come up like that; they don’t disturb me,” he says. ?“Whatever it is, I just take it. I guess I’m more a positive thinker than a negative thinker. This is not my first time being around a virus.” 

But even Allison, a pinnacle of equanimity who has little fear for his own health, finds his hackles raised by what he sees as management’s lax attitude toward customers shopping without masks in the midst of a pandemic. ?“They were saying, ?‘You gotta wait on people that don’t have masks on,’” Allison says. ?“I think management is going along with what their superiors are telling them. But that doesn’t work, to me. … I told all the checkers, ?‘If they come in without a mask, don’t wait on ?‘em.’”

The stress over worker health reached a high mark in the days surrounding the January 6 Trump rally and storming of the U.S. Capitol. Many of former President Donald Trump’s supporters who had come to Washington for the event stayed in the hotels that dot the blocks around the Safeway in Rosslyn. Many of them came into the store with an aggressive disregard for safety. 

“We had a really rough time that week,” says Michele Miler, a 61-year-old file maintenance manager who has served as Safeway 1048’s union shop steward for the past 25 years. ?“They were coming in without no mask.” 

In fact, the employees I spoke with remember the week of January 6 as one in which they were left to fend for themselves. As our nation’s political insanity invaded their workplace, some workers say they refused to serve maskless Trump supporters; one says she just argued with the maskless and endured insults; most said they were constantly uncomfortable and disappointed that Safeway did nothing to save them. 

Sistrunk says that when he asked a manager to intervene, the response was that the company didn’t want bad press in an age when everyone has a cell phone. 

Abraha says some of the Trump supporters ignored her request to wear a mask; one even handed her his used mask and demanded she throw it away for him. ?“If I call the police, I don’t know what’s gonna happen, because of politics,” Abraha says. ?“What about if I lose my job? … It’s crazy.”I think management is going along with what their superiors are telling them. But that doesn’t work, to me. … I told all the checkers, ‘If they come in without a mask, don’t wait on ‘em.’” —Stuart Allison

The pandemic has been good for business at grocery stores. Everyone remembers the empty shelves in spring 2020 as people stocked up, just in case. Albertsons saw its sales rise a remarkable 47% in March of 2020; by December, year-over-year sales were still running 12% higher. All of these sales were enabled by the fact that thousands of grocery workers, just like those at Safeway 1048, continued to come to work, putting their own health at risk to ensure stores could sell food. 

What did those workers get in return? At Safeway, they got a $2 ?“hazard pay” wage bonus from March 15 to June 13, 2020, with two one-time bonuses adding up to about $350 for full-time employees (less for part-timers, the vast majority of the workers). In other words, hazard pay ended when the country was seeing around 22,000 new daily cases of the coronavirus. Even when cases rose to 300,000 per day by January 2021?—?a 1,264% increase in risk?—?hazard pay never came back. 

Whelan, the Albertsons spokesperson, justified this discrepancy by saying, ?“We are not currently offering appreciation pay at this time because businesses large and small across our operating areas have reopened and resumed operations.” 

This argument is a bit of sleight of hand?—?right down to the use of the phrase ?“appreciation pay” rather than hazard pay. First, state governments ignored public health risks and reduced business restrictions (which fueled Covid surges and increased the number of hazards for workers). Then, companies used those policies as an excuse not to take more action or offer workers more compensation. Poof: Thanks to poor public health policies, businesses made their own obligations disappear. 

The flagrant hypocrisy of praising frontline workers as heroes while denying them payment for their heroic work is a textbook example of corporate greed and the primacy that shareholders have over labor. 

And that so few grocery workers emerged from 2020 with long-term raises is a textbook example of union workers squandering their labor leverage. The moment certainly marks a national failure by the UFCW, the nation’s biggest food and retail union, which has been unable to secure any real lasting gains for its members, even as public regard for grocery workers soared. 

Every Safeway employee I spoke with thought that, at a minimum, the $2 hazard pay increase should have become permanent. They wish everyone would wear a mask. They wish they did not have to rely on word of mouth to learn someone from work has Covid. 

They live in fear of getting their families sick. They rise at 4 a.m., work six days a week and casually discuss the many ways the job has destroyed their bodies. 

They do this whole routine for decades for, if they are lucky, a $20 wage. 

If they had stopped?—?if they had shut down the nation’s groceries?—?there would have been panic. But they worked. 

We ate.

From the perspective of the workers themselves, 2020 was a year of swallowing harsh insult after harsh insult. When I asked Marilyn Williams, who has worked at Safeway 1048 for the past eight years, what she thought of the quick disappearance of hazard pay, she paused for a long moment, then said, ?“Ha. Ha. 

“That’s my reaction. 

“Ha. Ha.”

This blog originally appeared atIn These Times on March 26, 2021. Reprinted with permission.

About the Author: Hamilton Nolan is a labor reporter for In These Times. He has spent the past decade writing about labor and politics for Gawker, Splinter, The Guardian, and elsewhere.


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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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WHICH STATES AND CITIES HAVE ADOPTED COMPREHENSIVE COVID-19 WORKER PROTECTIONS?

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As the COVID-19 pandemic surges in the United States, workers have continued to protest and organize for their safety and health—but action is needed at all levels of government, starting with the top. To date, the Trump administration—specifically, the Occupational Safety and Health Administration—has resisted issuing any workplace safety standards or requirements to protect workers from COVID-19 in the workplace. In the absence of federal leadership, some governors and state health departments have stepped up to expand worker protections.

OSHA has resisted issuing any workplace safety standards or requirements to protect workers from COVID-19 in the workplace.

Some states have issued executive orders with very specific worker protection requirements, and Virginia issued a first-in-the-nation Emergency Temporary Standard to protect workers. Oregon and Michigan also have issued emergency standards. Other states have issued guidelines, some of which they intend to enforce. Some cities as well have issued protective ordinances for workers.

Many states’ executive orders (including the Virginia standard) require employers to heed the following:

  • ensure physical distancing of at least six feet between employees and their coworkers and customers;
  • provide face masks to all employees if maintaining six-foot social distance is not always possible;
  • require customer to wear face masks;
  • provide employees with other personal protective equipment in addition to face coverings;
  • improve ventilation;
  • provide employees with regular access to hand-washing and soap;
  • have hand sanitizer readily available to workers;
  • require deep cleaning after COVID cases are discovered in the workplace; and
  • notify workers when cases are found.

In some states, such as Oregon, Michigan, and Nevada, enforcement is handled by state occupational safety and health agencies; in others, by health departments, labor departments, and the attorney general’s office. Some states where federal OSHA has traditionally done enforcement are still figuring out how best to enforce these protections.

Inexcusably, the Trump administration has abandoned its responsibility to ensure that workers and the general public are safe in this pandemic. As the number of workers infected with and dying from this disease continues to grow, it’s clear that a voluntary approach to worker safety is not mitigating this public health disaster.

A voluntary approach to worker safety has failed to mitigate this public health disaster.

Even while workers continue to take major risks in speaking out and organizing in their workplaces, communities of color are paying the heaviest price for this federal policy failure. Although all workers on the job now or returning to work in the near future are at risk of illness, Black and Latinx workers and other workers of color, including immigrants, are more likely to be in frontline jobs. In addition, these communities have disproportionate rates of serious illness and death related to COVID-19, stemming from structural racism over generations related to healthcare and access to care. It is crucial that state and local policymakers step up to prioritize these workers and thereby further protect communities in this pandemic.

Below is a list of the 14 states that have adopted comprehensive worker safety protections (with links to more information). In addition to these, separate executive orders requiring face masks in the workplace have been issued by some governors (e.g., North CarolinaTexas, Massachusetts), cities (e.g., Raleigh, NC), and counties. Philadelphia has also issued the first citywide ordinance protecting workers from retaliation for raising COVID-19 safety and health concerns or refusing to work under unsafe conditions related to COVID-19.

California

Cal/OSHA adopted a new emergency standard for COVID prevention on November 19, 2020:
https://www.dir.ca.gov/OSHSB/documents/COVID-19-Prevention-Emergency-apprvdtxt.pdf

https://www.dir.ca.gov/title8/5199.html (the Cal/OSHA aerosol transmission standard that covers healthcare and first-response employees)

http://file.lacounty.gov/SDSInter/bos/supdocs/147290.pdf (L.A. County Board of Supervisors approved a proposal to facilitate worker-led health councils to monitor business compliance with public health orders mitigating the spread of COVID-19 at work)

https://thelafed.org/releases/in-battle-against-covid-19-board-of-supervisors-propose-innovative-solution/

Illinois

https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-32.aspx (initial EO issued April 30)

https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-38.aspx (updated EO issued May 29)

http://dph.illinois.gov/covid19/community-guidance/guidance-food-and-meat-processing-facilities (issued by Illinois Department of Public Health)

From the reopening checklists now being published: “Any employee who has had close contact with co-worker or any other person who is diagnosed with COVID-19 should quarantine for 14 days after the last/most recent contact with the infectious individual and should seek a COVID-19 test at a state or local government testing center, healthcare center or other testing locations. All other employees should be on alert for symptoms of fever, cough, or shortness of breath and taking temperature if symptoms develop.”

Kentucky

https://govstatus.egov.com/ky-healthy-at-work

Massachusetts

https://www.mass.gov/info-details/reopening-mandatory-safety-standards-for-workplaces

https://www.mass.gov/forms/report-unsafe-working-conditions-during-covid-19 (complaint form)

https://www.mass.gov/service-details/covid-19-workplace-safety-measures-for-reopening

Michigan

Michigan OSHA issued Emergency Rules for COVID-19 on October 14, 2020. (See related press release.)

Two executive orders previously issued (here and here) will no longer be enforced by the state due to a Michigan Supreme Court decision on October 2nd invalidating the orders.

Minnesota

https://www.health.state.mn.us/diseases/coronavirus/businesses.html

https://www.dli.mn.gov/sites/default/files/pdf/COVID_19_business_plan_template.pdf

https://www.dli.mn.gov/sites/default/files/pdf/COVID_19_meatpacking_guidance.pdf(for meat)

https://www.leg.state.mn.us/archive/execorders/20-54.pdf (on the right to refuse work)

Nevada

http://business.nv.gov/News_Media/COVID-19_Announcements/

http://gov.nv.gov/News/Emergency_Orders/2020/2020-04-29_-_COVID-19_Declaration_of_Emergency_Directive_016_(Attachments)/

http://gov.nv.gov/News/Emergency_Orders/2020/2020-05-07_-_COVID-19_Declaration_of_Emergency_Directive_018_-_Phase_One_Reopening_(Attachments)/

New Jersey 

On October 28, 2020, New Jersey’s governor issued Executive Order 192 to protect New Jersey’s workers during the pandemic. The governor’s press release provides an overview.

This comes on top of an earlier executive order issued on April 8, 2020 requiring essential retail businesses and industries to take steps to limit the spread of COVID-19, among other things. (The state is also updating industry-specific guidance.)

New York 

https://agriculture.ny.gov/system/files/documents/2020/04/retailfoodstoreguidanceforseniors_1.pdf(some essential industries remain without guidance)

https://forward.ny.gov/

Oregon

On November 6, 2020, Oregon OSHA adopted a new COVID-19 emergency temporary rule addressing COVID-19 workplace risks.

This follows previous executive orders issued during the pandemic:
– https://www.oregon.gov/gov/admin/Pages/eo_20-12.aspx (executive order)
– https://osha.oregon.gov/news/2020/Pages/nr2020-19.aspx (Oregon OSHA)
– https://www.wweek.com/news/2020/07/01/oregon-osha-to-enforce-mask-rules/ (enforcing the EO)

Pennsylvania

Gov. Wolf: Health Secretary Signs Order Providing Worker Safety Measures to Combat COVID-19

COVID-19 Guidance for Businesses

https://www.governor.pa.gov/wp-content/uploads/2020/04/20200415-SOH-worker-safety-order.pdf

https://www.jacksonlewis.com/sites/default/files/docs/PhiladelphiaCertifiedCopy20032801.pdf(Philadelphia ordinance that includes retaliation protections for raising concerns or refusing unsafe work; plus private right of action)

Rhode Island

https://reopeningri.com/wp-content/uploads/2020/05/COVID-19-Control_Plan_Fillable_Template-Final-5.13.20.pdf?189db0&189db0

VITAL WORKPLACE RESOURCES

Virginia

https://www.doli.virginia.gov/wp-content/uploads/2020/07/COVID-19-Emergency-Temporary-Standard-FOR-PUBLIC-DISTRIBUTION-FINAL-7.17.2020.pdf (Virginia OSH has just passed the nation’s first Emergency Temporary Standard for workers, which will be effective the week of July 27)

Washington State

https://www.governor.wa.gov/sites/default/files/COVID19AgriculturalSafetyPlan.pdf(COVID protections for farmworkers)

https://www.doh.wa.gov/Portals/1/Documents/4300/TWH-RevisedRule-9-10-2020.pdf (revised emergency rule on temporary worker housing)

https://www.governor.wa.gov/issues/issues/covid-19-resources/covid-19-reopening-guidance-businesses-and-workers (this is written as enforceable guidance)

https://www.lni.wa.gov/safety-health/safety-rules/enforcement-policies/DD170.pdf (enforcement)

This blog originally appeared at NELP on December 21, 2020. Reprinted with permission.

About the Author: Deborah Berkowitz NELP’s Worker Safety and Health program director, joined NELP in 2015, following six years serving as chief of staff and then a senior policy adviser for the Occupational Safety and Health Administration (OSHA) (2009-2015).


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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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