Halting Workplace COVID-19 Transmission: An Urgent Proposal to Protect American Workers

A report authored by David Michaels and Gregory R Wagner and published by The Century Foundation highlights the actions needed to strengthen The Occupational Safety and Health Administration {OSHA] in order to make workplaces safer. Today’s post is shared from tif.og

Unions Sue Trump Admin for Shelving Standard That Would Protect America’s Healthcare Workers From Exposure to Infectious Diseases

Today, the American Federation of Teachers (AFT), the American Federation of State, County and Municipal Employees (AFSCME), the Washington State Nurses Association (WSNA), and the United Nurses Association of California/Union of Health Care Professionals (UNAC/UHCP) sued Labor Secretary Eugene Scalia and the Occupational Safety and Health Administration (OSHA) for unlawfully delaying rulemaking on an occupational standard to protect healthcare workers from infectious diseases transmitted by contact, droplets, or air — like influenza, COVID-19, and Ebola. In 2017, the Trump administration tabled work on an Infectious Diseases Standard. It has refused to move forward with the standard amid a catastrophic pandemic — and despite the pleas of healthcare professionals. The administration’s unreasonable delay violates the Administrative Procedure Act and the Occupational Safety and Health Act (OSH Act).

OSHA Cites Bergen New Bridge Medical Center, For Failing to Protect Workers from the Coronavirus

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited CarePlus Bergen Inc., doing business as Bergen New Bridge Medical Center, for violating respiratory protection standards at its Paramus, New Jersey, location. OSHA cited the hospital for two serious violations, with proposed penalties of $9,639.

OSHA Cites Hackensack Meridian Health in North Bergen, New Jersey, For Failing to Protect Employees from Coronavirus

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Hackensack Meridian Health Residential Care Inc. OSHA issued two serious citations and one other-than-serious violation for failing to protect employees from exposure to the coronavirus at its North Bergen, New Jersey, facility. OSHA proposed a penalty of $28,070 for the violations.

Virginia Adopts First-in-the-Nation Workplace Safety Standards for COVID-19 Pandemic

Governor Ralph Northam today announced the adoption of statewide emergency workplace safety standards in response to the novel coronavirus, or COVID-19. These first-in-the-nation safety rules will protect Virginia workers by mandating appropriate personal protective equipment, sanitation, social distancing, infectious disease preparedness and response plans, record keeping, training, and hazard communications in workplaces across the Commonwealth. The actions come in the absence of federal guidelines.

“Workers should not have to sacrifice their health and safety to earn a living, especially during an ongoing global pandemic,” said Governor Northam. “In the face of federal inaction, Virginia has stepped up to protect workers from COVID-19, creating the nation’s first enforceable workplace safety requirements. Keeping Virginians safe at work is not only a critical part of stopping the spread of this virus, it’s key to our economic recovery and it’s the right thing to do.”

Newly adopted standards require all employers to mandate social distancing measures and face coverings for employees in customer-facing positions and when social distancing is not possible, provide frequent access to hand washing or hand sanitizer, and regularly clean high-contact surfaces. In addition, new standards require all employees be notified within 24 hours if a coworker tests positive for the virus. Employees who are known or suspected to be positive for COVID-19 cannot return to work for 10 days or until they receive two consecutive negative tests.

The Virginia Department of Labor and Industry’s Safety and Health Codes Board voted today to approve an emergency temporary standard on infectious disease prevention after Governor Northam directed the creation of enforceable regulations in May. These temporary emergency standards will remain in effect for six months and can be made permanent through the process defined in state law.

“As a top state for workforce development, it should be no surprise that Virginia is also the first in the nation to establish such a robust set of emergency workplace safety regulations,” said Chief Workforce Development Advisor Megan Healy. “Our workers are our greatest asset, and I am confident that these temporary standards will provide Virginians with the peace of mind they need to return to work and fuel the Commonwealth’s economic recovery.”

“Keeping Virginia’s economy moving forward has never been more important, and keeping our workers safe is critical to sustained economic recovery,” said Secretary of Commerce and Trade Brian Ball. “COVID-19 is unfortunately going to continue impacting our everyday lives, and these regulations will provide for safer, more predictable workplaces for Virginians.”

“The Commonwealth’s new emergency workplace safety standards are a powerful tool in our toolbox for keeping Virginia workers safe and protected throughout this pandemic,” said C. Ray Davenport, Commissioner of the Department of Labor and Industry. “Many employers have already enacted these evidence-based practices, and we are committed to working collaboratively with those who have not to ensure they are in compliance with the new emergency temporary standard.”

The emergency temporary standards, infectious disease preparedness and response plan templates, and training guidance will be posted on the Virginia Department of Labor and Industry website at doli.virginia.gov. Workers who feel unsafe in their workplace can file a formal complaint with the federal Occupational Safety and Health Administration here.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Blog: Workers ' Compensation

Twitter: jongelman

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: "Workers' Compensation Law" West-Thomson-Reuters

OSHA Fines Palisades Park NJ Contractor $1.9 Million For Safety Hazards

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is proposing penalties against BB Frame LLC – operating as Frame Q and as Juan Quevedo (the owner and principal) – for exposing workers to multiple safety hazards at four Bergen County, New Jersey, worksites. OSHA conducted five investigations beginning in December 2019 of the Palisades Park, New Jersey, framing contractor and is proposing $1,997,125 in penalties.

Court of Appeals Ruling Ignores Evidence that OSHA is Failing to Protect Workers

Today, Chairman Bobby Scott (VA-03) issued the following statement after a federal court ruled that the Occupational Safety and Health Administration had “reasonably determined” that workers do not need an enforceable emergency workplace safety standard, or “Emergency Temporary Standard,” to protect them against infection during the COVID-19 pandemic.

Fourteen Attorney Generals Criticizes EPA for Failing to Protect Americans from Asbestos, a Long-Known Dangerous Carcinogen

California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey, leading a coalition of 14 attorneys general, including New Jersey Attorney General Gurbir S. Grewal, submitted comments criticizing the Environmental Protection Agency’s (EPA) finding that certain uses of asbestos present no unreasonable risk to human health. In the comment letter, the coalition argues that the EPA’s draft risk evaluation for asbestos violates the Toxic Substances Control Act (TSCA) and Congress' intent that the EPA consider all uses of asbestos in its evaluation. The coalition notes the finding is unsupported by the EPA's own assessment and urges the agency to obtain the information it has admitted it needs to conduct the necessary, thorough evaluations of the risks presented by this chemical.

OSHA's vague COVID-19 reporting guidance

OSHA issued a COVID-19 reporting guidance that lacks a foundation in essential epidemiology as well as legal evidentiary principles for admissibility. It is doubtful that court of law would permit the guidance to be used for the determination of causal relationship.

Chairwoman Adams Opening Statement at Workforce Protections Subcommittee Hearing on Protecting Workers from COVID-19

Subcommittee on Workforce Protections Chairwoman Alma Adams (NC-12) delivered the following opening statement at today’s hearing entitled, “Examining the Federal Government’s Actions to Protect Workers from COVID-19.”

NJ Division of Workers' Compensation Expands Active Judicial Staff During the COVID-19 Emergency

The Director and Chief Judge of the NJ DIvision of Workers' Compensation has announced that additional judges of compensation will actively join the staff during the statewide COVID-19 emergency.

NJ Division of Workers' Compensation COVID-19 Closing Extended to May 26, 2020

Notice to the Bar May 7, 2020 

This notice announces additional statewide steps by the New Jersey Division of Workers’ Compensation to address the ongoing public health crisis surrounding the COVID-19 coronavirus outbreak in New Jersey.

OSHA Sued to Implement Mandatory Worker Safety Standards at Meatpacking Facilities

5,000 meat and poultry plant workers have been sickened by COVID-19, but most facilities show no signs of improving public health and safety measures

Yesterday, Center for Food Safety and Food Chain Workers Alliance filed a legal action demanding that the Occupational Safety and Health Administration (OSHA) issue an emergency temporary standard to protect workers in meat processing plants due to the high percentage of workers who have been sickened by COVID-19. 

Back to Work Needs Congressional Support

As employee and employers look to their state governor’s for direction upon return to work, an undiscussed issue remains, the responsibility for work-related occupational exposures. While this is new territory, one might look toward other potential mass exposure scenarios in the US history for guidance.

OSHA Steps Backwards on COVID-19 Occupational Exposures

On Friday, the Occupational Health and Safety Administration [OSHA] announced a policy minimizing occupational exposure to COVID-19 exposures and disease in the workplace. The policy contradicts the nationals patchwork of state Workers’ Compensation Acts that have statutorily included occupational exposure to infectious disease as a work-related and compensable illness.

The New OSHA Silica Standard - Not Strong Enough

Silica exposure was the catalyst that brought occupational diseases in the state workers’ compensation acts in the 1950’s. In an effort to shield employers from civil liability, silicosis was incorporated as a compensable condition under the capped damage system of state workers’ compensation programs. Silica exposures continue today, especially in counter-top workers, The new silica exposure standard announced by OSHA has still fallen short to protect workers from this deadly occupational exposure.

New Jersey Construction Company and its President Pay $442,000 In OSHA Penalties

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has recovered payment of $442,000 in penalties and interest from Washington Township, New Jersey-based construction company Altor Inc. and its president Vasilios Saites, after years-long efforts by the Department to collect unpaid penalties for the company’s safety violations.

U.S. D.O.L. Proposes Revisions to OSHA’s Beryllium Standards to Protect Construction and Shipyard Workers

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) placed on public inspection today a proposal to protect workers in shipyards and construction from beryllium exposure by more appropriately tailoring the requirements of the standards to the exposures in these industries.

OSHA Cites NJ Landscaper After Two Employees Succumb to Carbon Monoxide Exposure

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited AJR Landscaping Inc. – based in Cresskill, New Jersey – for exposing employees to carbon monoxide (CO) after two workers succumbed to the toxic gas.

NJ Enters Into a Tri-State Agreement to Protect Workers

Labor departments from New Jersey, Pennsylvania, and Delaware signed a reciprocal agreement on Tuesday designed to better protect workers and employers through a newly established pipeline of information sharing and coordination of enforcement efforts.

This agreement grants new powers to each state, including strategic data-sharing, interstate case referrals, and joint investigations that will greatly impact wage claim investigations, worker misclassification, workplace safety efforts, and other labor-related compliance matters.