The coronavirus pandemic has created a quagmire of tough decisions for today’s workers, and the landscape is about to shift again.
Now, as states tentatively reopen their economies — California’s phased plan began May 8 (some localities were later) — both employers and employees have to figure out this new normal on the fly. But in the midst of the uncertainty, we can’t let companies take advantage of latitude they may be afforded.
In some places, workers already are paying the price. The new and very contagious virus — which is responsible for the COVID-19 respiratory disease — has ravaged some of the essential workplaces that have remained open during the shutdown. Meatpacking plants have become COVID-19 hotspots, yet the federal government has invoked the Defense Production Act to keep them open because of their importance to the nation’s food supply. Workers have complained about unhealthy conditions: lack of personal protective equipment, crowded spaces, no break time to wash hands, and incentives to work when sick, among others. A federal judge recently declined to hear a lawsuit filed about such conditions at a Missouri meatpacking plant, saying it was an Occupational Safety and Health Administration (OSHA) matter.
Federal regulations require businesses to provide employees with “a workplace free from recognized hazards likely to cause death or serious physical harm” — a descriptor that obviously covers COVID-19. Yet in this situation, the federal government has indicated that it will not prosecute meat processors that have made “good-faith attempts” to follow COVID-19 safety guidelines. OSHA said those that decide some recommended measures aren’t feasible should document their reasoning. Could this employer-slanted guidance influence how the agency designed to protect the nation’s workforce deals with other industries as the economy reopens?
This isn’t just a matter of protecting yourself — the thoroughness of your employer’s protective measures plays a role in whether COVID-19 infects millions more and claims tens of thousands more lives.
California’s progressive labor laws help. We have written before about some of the rights you have at work when it comes to coronavirus. Cal/OSHA requires employers who determine COVID-19 infection to be a hazard in that workplace to “implement measures to prevent or reduce infection hazards” — such as implementing CDC recommendations and training employees about COVID-19 infection prevention methods. Employers must provide well-stocked washing facilities, supply appropriate personal protective equipment (PPE) as necessitated by the workplace conditions, and control harmful exposures, according to the Cal/OSHA guidelines. (See industry-specific guidelines here.)
If your workplace is unsafe, you have the right to file complaints with Cal/OSHA — anonymous or otherwise. You also have the right to refuse hazardous work, and it is illegal for your employer to punish you for doing so if: performing the work would violate a Cal/OSHA health or safety regulation, and the violation would create a “real and apparent hazard” to you or your coworkers, according to the agency’s guidance for California workers.
To cross all your t’s before refusing work over hazard concerns, follow these steps:
- Inform your supervisor of the hazard.
- Ask that it be remedied.
- Explain that you would keep working if it were fixed or if you were given safe work.
- Say that you think a health/safety regulation is being violated.
- Contact your union shop steward, if applicable.
Any retaliation against you for reporting hazards is also illegal; the California Labor Commissioner handles these complaints.
Facing down a corporation who may feel empowered by federal leniency can seem daunting, but having a skilled advocate helps. This is where Keller Grover comes in. We offer free consultations to advise workers in their specific situations. In more than 25 years litigating fraud and employment cases, the lawyers at Keller Grover have recovered hundreds of millions of dollars for clients and class members.