Do businesses need post-COVID workplace rules? OSHA says no. The AFL-CIO says yes.
"It’s truly a sad day in America when working people must sue the organization tasked with protecting our health," said AFL-CIO president Richard Trumka.
With most states in the nation either opening up completely or region by region, questions have arisen about workplace safety requirements in the wake of COVID-19. The Occupational Safety and Health Administration believes new rules aren’t needed. The AFL-CIO thinks differently.
Politico reports the AFL-CIO asked the U.S. Court of Appeals in Washington, D.C., to force OSHA to issue mandatory workplace safety rules. “It’s truly a sad day in America when working people must sue the organization tasked with protecting our health and safety,” said AFL-CIO President Richard Trumka. “But we’ve been left no choice. Millions are infected and nearly 90,000 have died, so it’s beyond urgent that action is taken to protect workers who risk our lives daily to respond to this public health emergency. If the Trump administration refuses to act, we must compel them to.”
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“Because of the enforcement authorities already available to it and the fluid nature of this health crisis, OSHA does not believe that a new regulation, or standard, is appropriate at this time,” an OSHA spokesperson said.
According to a Labor Department spokesperson, OSHA has received 3,990 COVID-19-related complaints, many concerning a lack of personal protective equipment. As of May 18, the agency had only opened 310 coronavirus-related inspections. Additionally, some 2,694 of those complaints have been closed, but OSHA has not issued a single COVID-19 related citation.
Watchdog group Accountable.U.S. says OSHA inspections have decreased from 217 per day to 60 on average since the White House declared COVID-19 a national emergency on March 13.
For its part, OSHA says it has investigated every complaint and has “responded to double the number of inquiries related to COVIDm-19 as compared to all inquiries handled in March and April of the previous year,” according to a spokesperson.
The agency ”will enforce workplace protection requirements where appropriate,” the spokesperson said.
OSHA’s Interim Enforcement Response Plan for COVID-19 says “formal complaints alleging unprotected exposures to COVID-19 for workers with a high/very high risk of transmission, such as a fatality that is potentially related to exposures to confirmed or suspected COVID-19 patients while performing aerosol-generating procedures without adequate PPE in a hospital, may warrant an on-site inspection.”
The plan goes on to state, “All other formal complaints alleging SARS-CoV-2 exposure, where employees are engaged in medium or lower exposure risk tasks (e.g., billing clerks), will not normally result in an on-site inspection.” Instead, OSHA will utilize a “non-formal” procedure, notifying employers by phone, email, or letter.
Former OSHA officials have criticized the agency’s approach to the pandemic. “OSHA is essentially sitting back and saying, ‘We can’t do anything.’ It’s really appalling to me,”said David Michaels, who was OSHA chief during the Obama administration. Another Obama administration policy adviser, Debbie Berkowitz, was even more blunt. ”That is not enforcement. That is nothing,” she said.
The AFL-CIO isn’t alone in applying pressure to OSHA. The coronavirus stimulus bill passed last week by House Democrats would require the agency to issue mandatory safety rules for employers, as well as mandatory rules for future outbreaks.
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