• print
  • decrease text sizeincrease text size
    text

“It tears you apart mentally and physically”: The Health Crisis Afflicting Black Farmers

Share this post

Safiya Charles (@imsafiyacharles) / Twitter

At 43 and 45 years old, husband and wife farmers Angie and Wenceslaus Provost, Jr., hope they live to see age 70. 

They don’t fear terminal illness or a farm accident that could consign them to an early grave. 

Instead, they fear stress could do them in. Years of trying to protect family land from encroaching banks and government agencies have worn on them, despite their love of farming. 

After years of mounting debt with the U.S. Department of Agriculture (USDA) and a bank, the New Iberia, La. sugar cane farmers filed a September 2018 lawsuit against a USDA-approved lender. The suit alleges that Wenceslaus, known as “June,” was all but run out of the profession in 2015 after the bank reduced his crop loans over successive years, effectively underfunding his farm operation. June also claims that the lender regularly dispersed his funds well past planting season, which hampered his ability to compete against other, mostly white, cane farmers in the region. Angie has had a separate and ongoing civil rights claim open against USDA since 2017.

Both Angie and June have been hospitalized with symptoms of a nervous breakdown. They endure fatigue, racing hearts, insomnia brought on by nagging fear they could lose everything: their homes, their cane fields, their tractors, even their lives. They have sometimes feared the stress might literally kill them. In 2008, June, a fourth-generation sugar cane farmer, was in his second season of farming alone when his father died of a heart attack after helping him chop soil to plant fresh cane. June’s father had fallen behind because his crop loans were delayed by his banking institution; both June and Angie feel the situation had become bad enough to put his health at risk.

“We’re very aware of the fact that the early death of our family members like June’s father and some of our other community members is due to that stress of being bankrupt and foreclosed on after going through such litigation like Pigford,” Angie said, referring to the class action lawsuits filed by Black Farmers against USDA for discrimination and failure to investigate civil rights complaints. “Those are issues of trauma. It’s a difficult thing, an almost impossible thing to live through, unless you have a support system.”

Owing the USDA more than $1 million, June at one point questioned his desire to live. “At my worst, I contemplated suicide,” he said. “I felt there was no one I could turn to.” The future seemed to be certain death by a thousand bureaucratic hurdles, racism, stress, and overwork. 

In some ways, the Provosts’ story is familiar to anyone working in agriculture. All farmers and ranchers know the standard hardships of their profession—from the high costs of doing business to being at the mercy of uncontrollable forces. The financial risks are high, and crop prices are always in flux. A devastatingly adept predator might make off with some prized livestock. Pests may gorge their way through rows of promising crops. The physical work is hard on the body; the pesticides are too. And while weather is always unpredictable, climate change’s unseasonable droughts, flooding, storms, and freezes add to the strain. Those problems make farming one of the most stressful occupations in the country.

But Black farmers have to contend with an additional menace: the systemic racism that has long marred U.S. agriculture. These producers face down all the typical hardships while also navigating other hazards, including legal battles with the government, discriminatory lenders, opportunistic land grabbers. These painful interactions tend to underscore the racist—and tragically long-standing—myth that Black people don’t belong in farming, and don’t deserve the tools required to succeed. 

“So many Black farmers—June’s father, his uncles, my aunts and uncles, our community members, our kin—have the same story: sitting there in a USDA office waiting to be serviced, and never being serviced properly; being told by local agents that you will not succeed,” said Angie. “‘You will fail.’ ‘You are not a farmer.’ Those types of things are told to you directly.”

These grinding forms of discrimination take a deeply personal toll, contributing to a mental health crisis among Black farmers that’s at once acute and yet hard to see. Help is not exactly on the way. While programs do exist to help farmers handle the stress of the profession, many existing lifelines are geared toward the approximately 95% of U.S. farmers who are white, downplaying or outright ignoring the specific forms of distress that stem from race-based prejudice. Though a small but vital body of research points to the need for a more inclusive approach, and at least one advocacy group is working to better understand the scope of the problem, few efforts are being made to address the problem on the ground. For now, too many farmers still have nowhere to turn, their suffering largely rendered invisible within the support systems that exist. 

“It’s that psychological impact that I’ve seen happen to many Black farmers,” Angie said. “You have to understand it’s a repeated pattern. It tears you apart mentally and physically.”

The research gap 

In 2021, the USDA announced $25 million to state Farm and Ranch Stress Assistance Networks (FRSAN) to build crisis hotlines, establish anti-suicide trainings, and offer free or low-cost counseling, among other services. It was an important step toward recognizing the emotionally grueling, often isolating nature of farm work. But it did little to respond to the needs of Black farmers, who tend to operate smaller farms, face increased economic pressure, and are routinely exposed to racism in agriculture and beyond. Of the 50 FRSAN projects USDA funded in 2021, only seven programs—in MaineMassachusettsMinnesotaNew HampshireNew MexicoNorth Carolina, and Rhode Island—pledge to make efforts to accommodate the specific needs of communities of color. 

It’s yet another indication that the bulk of U.S. research on farming and mental or behavioral health and stress focuses on white farmers. And while that may partly be a function of demographics—Black farmers make up 1% of growers nationwide, a stat that itself testifies to the exclusionary force of systemic racism in agriculture—important research or diagnostic tools fail to be race-sensitive. Without these mechanisms, it’s difficult to provide informed treatment that responds to the specific needs of Black farmers and could improve their physical and mental well-being. 

The Farm/Ranch Stress Inventory, created in 2002 by Charles K. Welke, then a psychology doctoral student, is a tool that assesses stress, satisfaction and perceived social support among farmers and ranchers. It asks dozens of questions to assess a farmer’s anxiety level and is sometimes adapted for studies of farmer well-being. But its questions focus mostly on financial and family matters; while it inquires about conflict with relatives or community, no question mentions race or racism specifically. In another example, a 2021 Farm Bureau-commissioned study of 2,000 rural Americans found that farmers and farm workers were significantly more likely to have said their stress increased in the last year than their non-farming neighbors. But the insurance and lobbying giant told The Counter that it did not analyze its data by race. 

Laketa Smith manages the Farmers of Color Network of the Rural Advancement Foundation International (RAFI-USA). In collaboration with North Carolina State University, she and North Carolina-based RAFI are conducting a study of farmer mental health and financial stress. Unlike many other studies, that research is intentionally oversampling farmers of color. Though the study won’t conclude until later this year, it will interview 15 Black and Indigenous farmers, respectively, in addition to the same number of white growers (a future iteration will include Latinx subjects). 

While final results aren’t in, Smith said that there’s no indication that suicide is higher among either group. Still, preliminary results suggest that chronic stress is a feature of life for many Black farmers, and that stress can manifest in a variety of ways, from family conflict or separation to substance abuse, depression, anxiety, and ill physical health. 

“Pride is the flip side of shame, and [when money problems happen and land loss is possible], there’s a lot of shame over being in that position,” Smith said. “Farming is often not [simply] what they do. It’s who they are. They’re fourth or fifth generation. And sometimes they think ‘This land’s been in the family for years, and I got us in trouble.’” 

Racism as risk factor 

It’s a realm of lived experience that’s also established science: Being subjected to racism is unhealthy. Even encountering the more subtle, daily varieties can be stressful—and, over time, that stress can impact mental and physical health outcomes in concrete ways. A 2013 article in The Atlantic summarized the current state of the medical literature, which draws links between discrimination and increased rates of hypertension, the common coldcardiovascular diseasebreast cancer, and even general mortality. One study of 30,000 participants found that racism-induced stress is directly related to poorer physical and mental health. It’s a phenomenon that social psychologist Nancy Krieger calls “embodied inequality”—and these damaging linkages have only become better established in recent years.

“The perception of racism, that feeling can have an impact on psychological well-being,” said Telisa Spikes, a cardiovascular researcher at Emory University who has conducted studies on the impacts of financial and racial stressors on African American health. “Your body responds by going into fight or flight mode—blood pressure goes up, heart rate goes up. When you’re constantly in this hypervigilant state it can have a negative impact on health.”

Spikes describes hypervigilance as a heightened response to prior racial trauma that leads African Americans to anticipate negative or discriminatory experiences when they are in predominantly white spaces. 

“You have this stigmatized status as a Black person where you feel you always have to be constantly on watch,” she said. 

Epidemiologist Camara Jones has long made the case that racism is a public health crisis. Notably, she has called on fellow researchers to prioritize data collection by race, urging them to focus their attention on the root causes of racial differences in health outcomes. 

“When we collect data by race, our findings most often reveal significant race-associated differences in health outcomes,” Jones wrote in a 2001 article published in the American Journal of Epidemiology.“The differences are so ubiquitous across organ systems, over the life span, and over time that they do not surprise us or seem to require explanation. Indeed, only when there is a white excess in disease burden, as with suicide, is our professional interest piqued.”

More recently, researchers have continued to probe the role that racism plays in lowering Black Americans’ life expectancy. A 2020 Auburn University study concluded that stress caused by experiencing racism accelerates aging at the cellular level; while a study published by Georgia State University in 2019 found that experienced over time, racism and long term anxiety could “wear and tear down body systems,” weighting the body’s allostatic load—the lifelong build up of stress—and putting African Americans at greater risk for chronic illness. 

“Health cannot be separated from the social environment. Many of the disparities that we see are a result of the social environment. And going back to clinical research, you cannot address problems without highlighting the racial demographic and the role that social determinants play in contributing to these disparities,” Spikes said. “Racism is now listed as a fundamental cause of disparities. It may not be experienced in the form of interpersonal racism—I’m going to charge you a higher price because of the color of your skin—but it’s more of the institutional and systemic racism. The trickle-down policies that derive from that is what has negative implications for health: not being able to afford housing in a good school district if you have children; not being able to get a loan for a mortgage,” said Spikes. 

Those risk factors are only magnified and exacerbated within the context of farming, where discriminatory individuals, processes and systems can continually threaten one’s livelihood and land. Combine U.S. agriculture’s institutionalized racism with the profession’s inherent volatility, and there’s an argument that Black farmers are at heightened risk for all manner of stress-related ailments. 

It happened to Lucious Abrams. The 68-year-old Georgia farmer was denied compensation as a claimant to 1997’s Pigford v. Glickman racial discrimination class action lawsuit against the U.S. government. He has filed numerous legal measures since then to delay foreclosure, and rents his farmland to neighbors to keep the taxes paid. After three decades wrangling with USDA, his body became a vessel of agony and apprehension. 

“I had kidney failure. I had a blood vessel burst up in my colon. My wife had a nervous breakdown. There’s no way to tell you the trauma that we have been through over the years. Through God’s grace and his mercy … that’s the only way I know how [we’ve survived],” said Abrams. “It’s been an absolute nightmare.”

Kentucky State University economist and rural sociologist Marcus Bernard worked with farmers in Alabama’s Black Belt region as the former director of a rural training and research center for the Federation of Southern Cooperatives, a nonprofit association of about 20,000 mostly Black farmers and landowners. While completing his PhD at the University of Kentucky, Bernard examined how racism, institutional racism, and class conflict affected Black male farmers. His research identified high levels of acute stress in both African American men and women farmers, typically wives of the male subjects he interviewed. 

The long and well-documented history of Black mistreatment at the hands of the USDA, its partners, and agricultural colleagues also produces well-founded anxieties that bias will put more roadblocks in Black farmers’ way. 

“When you think about a picture of whites farming [and] then think about a picture of Blacks in agriculture, those are two very different experiences,” said Bernard. “The picture with Blacks in agriculture is marred by stigma and labels: a feeling like ‘Someone is always out to get me.’ Like ‘I’m not going to get a fair shake.’ Either ‘I’m going to get shorted on my price,’ ‘Somebody is after my land,’ or ‘I may not get the financing that I need.’”

For decades, USDA and associated lenders withheld critical loans from Black farmers on the basis of race—only one factor among many that gave white farmers an unfair advantage, and a shorter path to profit. Today, countless hurdles remain, from fierce, hyperlocal cronyism that excludes these farmers, to price manipulation that drives down their profits and earnings, and excessive collateral required to secure loans that put them at risk of losing everything if they fall into debt—a shameful legacy that is literally written across Black farmers’ bodies. 

For 26-year-old farmer Tamarya Sims, the anxiety lies not in the fear of dispossession—but in the fear that she may never own land at all. Sims is a landless Black farmer in Asheville, North Carolina. By day, she works for a land trust, managing chickens and bees on a community farm. She runs her own business, Soulfull Simone Farm, on the side. The urban flower and herbal farm takes up less than half an acre of rented land. 

Sims, who experiences anxiety related to attention deficit hyperactivity disorder (ADHD), hopes to one day own 60 acres of forested land she envisions as a “healing space” where she can grow herbs and plants, and visitors of color can attend workshops and feel welcome. She describes the distress she deals with as threefold. 

“There’s the stress of being a farmer, then there’s the stress of being a Black farmer, and then of being a landless farmer,” she said. Added to the anxiety she feels, these stressors can make it difficult for her to focus, sapping her energy and ability to solve problems that may arise on the farm. 

As a Black female agriculturalist in an overwhelmingly white area, Sims has experienced strong feelings of alienation. When she spoke out in the wake of George Floyd’s death, she became instantly and uncomfortably recognizable in her community. 

But invisibility, rather than hypervisibility, has been the norm for her. When white visitors stop by the community farm, they often pass her wordlessly, seeking out the first white face they can find as an authority. When she was shopping for her own tractor, she brought a white male associate with her to the dealership, for fear she wouldn’t be taken seriously or get a fair deal. The sales agent spoke exclusively to the white man and refused to look her in the eye, she said. Knowing she must enlist the same tactic in her search to acquire land is upsetting and tiresome. 

“One of the main recurring things I’ve went through is being on land and folks seeing me and thinking that I don’t belong just because I’m Black. Even at my job, I’ve had people slowing down in their cars to see what I’m doing.” If they come onto the land, they ignore her just as the tractor salesperson did. “There’s nowhere I can go where people see me and think I belong, or where I feel safe.”

This feeling has been a primary motivator in Sim’s desire to carve out her own piece of land where she can enjoy the restorative benefits of nature that all farmers love: the joy and relief that comes from digging in the dirt, watching a tiny seed shoot out roots long before its verdant foliage begins to show.

“I work through a lot of my life issues in the garden, and I think that everyone should have the opportunity to do that… When you connect people with land, they see the mountains behind them, and they feel comfortable,” she said. It’s a feeling of ease she continues to chase and an irony many Black farmers experience: that working the land can relieve stress, while also exacerbating it. 

Community as coping 

Former cattle farmer Michael Rosmann is a psychologist who has worked with farmers and institutions for more than 30 years to raise awareness about the importance of behavioral health in agricultural communities. His work with the nonprofit AgriWellness, Inc., a partnership initiative between seven Prairie states facilitated by the Wisconsin Office of Rural Health, informed the framework of USDA’s Farm and Ranch Stress Assistance Network. 

“The traits that define successful farmers are a capacity to endure extreme hardship, the capacity to work alone, if necessary, self-reliance for making decisions, and keeping things to oneself. These traits cut across all races and cultures,” said Rosmann. 

However, these characteristics can have a downside: a reticence to divulge thoughts and emotions to behavioral health professionals or scholars who could document farmers’ individual or collective mental health needs. To combat this, Rosmann emphasizes a need for counselors and therapists who have a shared understanding of not only agriculture, but the complex racial and cultural histories these farmers hold. 

In practice, that’s not always easy. Rural communities, where most farms are, often lack the medical resources and services offered in major cities. At the same time, only about 3 percent of U.S. psychologists are Black. For farmers, these factors—the disparity in health care services and the lack of representation among health care professionals—mix with other forms of inequity to create barriers to relief from occupational stress. 

In the absence of doctors they can trust and enough rural mental health providers, many Black farmers like Abrams lean on religion to lessen their mental anguish. 

“There is still within this community of older Black farmers, deeply spiritual, deeply rooted ties to their churches. Their spiritual life is what I believe is the No. 1 thing that keeps them sane and grounded,” Kentucky State’s Bernard said. 

He speculated that faith may offset suicide risk among Black farmers. But because Black farmers are not often studied or written about outside the bounds of their racial experiences, there’s little to no information about the prevalence of suicide and self-harm among them. 

That most Black farmers turn to social networks for support bears out an aspect of Farm Bureau research: in general, farmers are far more likely to tap their friends and family for help than seek a doctor’s advice. 

Kaleb “KJ” Hill, 35, is a fourth-generation farmer from New Orleans and the founder of Oko Vue Produce Co., an agricultural business that specializes in edible landscapes and stormwater management. 

He looks inside and outside his community for assistance. 

“A lot of [farmers] are not very vocal with what they’re going through. They’ll speak in a lot of cliches, like ‘You know, it’s just part of the job.’ But the way I live my life, I share if I’m seeking additional support,” Hill said. 

Though he doesn’t presume to recommend mental health services to his peers, “we usually talk to each other,” he said. 

“That’s important,” he went on. “I won’t say it’s like traditional group therapy or anything that’s facilitated by a professional. It’s just us sitting around in a circle or gathering at the end of the season, and having a little dinner together with some of the things we have left over and just talking about how that was a rough year. It’s an ongoing conversation. You’re venting like ‘Man, that was frustrating, this insect ate up everything. What did you do about it’ That’s a therapeutic session in itself.” 

Still, traditional talk therapy keeps him “in touch with reality and it’s helped me grow as a man. … Sometimes you have these emotions that you don’t necessarily have a word for and that professional does,” he added. 

The Provosts also sought help to alleviate their feelings of despair. Both now speak with a therapist regularly. They say it’s had a marked effect on their ability to cope with the day-to-day stress incurred by attempts to preserve their livelihood. But the fight is long from over. What was once an almost 5,000-acre family sugarcane operationJune’s family owned about 300 of those acres and rented the remainder—is now a mere 36 acres, split between June and one of his brothers. Angie’s civil rights claim remains open, and Congress’s effort at debt cancellation, which would have offered them a much-needed reprieve, remains stalled.

This post originally appeared at The Counter on March 17, 2022. Reprinted with permission.

About the Author: Safiya Charles is The Counter’s future of farming fellow, covering the movement around justice for Black farmers and the pioneering agriculture work being done in communities of color nationwide. She previously worked at the Montgomery Advertiser, the Alabama capital’s daily newspaper. Her work has appeared in The Nation and The New Republic.


Share this post

Working at Home Accidents – Who is Liable?

Share this post

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.


Share this post

Biden Has Abandoned His Covid Worker Safety Pledge

Share this post

cook_book_photo_400x400.jpg

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


Share this post

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

Share this post

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)


Share this post

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

Share this post

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.


Share this post

Masks for thee, but not for me?

Share this post

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.


Share this post

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

Share this post

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.


Share this post

A Year in the Life of Safeway 1048

Share this post

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.


Share this post

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

Share this post

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.


Share this post

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

Share this post

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).


Share this post

Subscribe For Updates

Sign Up:

* indicates required

Recent Posts

Forbes Best of the Web, Summer 2004
A Forbes "Best of the Web" Blog

Archives

  • Tracking image for JustAnswer widget
  • Find an Employment Lawyer

  • Support Workplace Fairness

 
 

Find an Employment Attorney

The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site.