AFL-CIO Sues OSHA to Force Temporary Worker-Safety Standard

[mahatmakanejeeves]

Source: Bloomberg Law

AFL-CIO Sues OSHA to Force Temporary Worker-Safety Standard
May 18, 2020, 10:26 AM

Labor federation says workers need more protections
OSHA has refused calls to issue temporary standard

The AFL-CIO sued the Occupational Safety and Health Administration on Monday to compel the agency to issue an emergency temporary standard to protect workers from the novel coronavirus.

The emergency petition, filed in the U.S. Court of Appeals for the District of Columbia Circuit, outlines how thousands of workers have been infected on the job through exposure to ill co-workers, customers, patients, and other members of the public who had not been screened before entering a workplace.

OSHA leadership during the pandemic has resisted calls from organized labor and Democratic lawmakers to issue emergency temporary standards for infectious diseases. Labor Secretary Eugene Scalia has defended OSHA’s handling of the issue by saying the agency can bring enforcement actions under the Occupational Safety and Health Act’s “general duty” clause, which requires employers to maintain a hazard-free workplace.

{snip}

The AFL-CIO requests that OSHA be given 10 days to respond to the complaint.

A spokesman for OSHA didn’t immediately respond to a request for comment.

The case is AFL-CIO v. OSHA, D.C. Cir., 5/18/20.

https://actionnetwork.org/user_files/user_files/000/042/993/original/final_OSHA_ETS_petition_5-18_filing.pdf

To contact the reporter on this story: Fatima Hussein in Washington at [e-mail]

To contact the editor responsible for this story: John Lauinger at [e-mail]

Read more: https://news.bloomberglaw.com/safety/afl-cio-sues-osha-to-force-temporary-worker-safety-standard

[JudyM]

1. This is a dangerous and socially complex enough working condition to warrant its own standard

IMO. Of course, the downside is that trump goons will have a hand in making it too loose, or even creating and end run for achieving McConnell’s goal of no business liability.

[cp]

2. Good

[Hugin]

3. The GrOPpers want to open up on the cheap.

Because, Herr Lysol von Bleachbrains wants a high Dow really bad.

And, as I've always said... "If they want it bad, they're going to get it bad."

[mahatmakanejeeves]

4. CDC guidance urges fewer health precautions than original plan

CDC waters down reopening guidance, endangering workers. "This guidance isn't based in science but in political expediency,” said
@debbieberkowitz
of
@nelpnews

Link to tweet

POLICY

CDC guidance urges fewer health precautions than original plan

Original plan would urge businesses in areas with high COVID-19 caseloads to wait to reopen

By Emily Kopp
Posted May 15, 2020 at 4:43pm

The White House watered down Centers for Disease Control and Prevention guidance showing how businesses should protect employees from COVID-19, a comparison to an earlier draft shows, with changes including softening a recommendation to keep workers six feet apart.

The brief CDC guidance released Thursday night includes a flow chart for easy reference that maps the criteria businesses should meet before opening their doors during the pandemic.

“Encourage social distancing,” the guidance reads. It also recommends “limiting” access to common rooms and large gatherings.

The original draft guidance, a far more comprehensive plan that was obtained by The Associated Press but not officially released, would have told employers to “ensure” rather than “encourage” social distancing. It also recommended businesses close communal spaces and large events altogether.

“It’s incredibly dangerous for workers and for the public. This guidance isn't based in science but in political expediency,” said Debbie Berkowitz, the worker health and safety program director at the National Employment Law Project.

{snip}

[keithbvadu2]

5. If it is so safe to reopen...

[TreasonousBastard]

6. Don't bother-- logic isn't their strong suit.

[NotHardly]

10. THIS,... this so many times. Let the CEOs share the 'experience' of working the lines and then

get back to me on how this is working

[Solly Mack]

7. K&R

[OneCrazyDiamond]

8. My union.

[Roy Rolling]

9. To borrow a phrase

Unions are the worst at looking after employees...right after employers and everybody else.

We complain, but I pay my dues. Unions are the ones getting paid to look after non-management Americans. They set the standards, without them, we’d be working 7-day weeks.

Like they are trying to force non-union and gig workers now.

Trump can issue an Executive Order demanding slaughterhouses open, he can demand OSHA protect Americans in the workplace.

[mahatmakanejeeves]

11. "USDA did not confirm that re-opened meatpacking plants were complying with OSHA-CDC worker ..."

USDA did not confirm that re-opened meatpacking plants were complying with OSHA-CDC worker safety guidance, but they "expect" them to comply "to the extent they can." Nor did they speak with OSHA about reopening.

We need an enforceable #OSHA Standard. https://agriculture.senate.gov/imo/media/doc/20.05.15%20Meat%20Processing%20Oversight%20Letter%20w%2029%20signatures.pdf

Link to tweet

https://www.agriculture.senate.gov/imo/media/doc/20.05.15%20Meat%20Processing%20Oversight%20Letter%20w%2029%20signatures.pdf