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Workers turn to courts and states for safety protection as Trump declines to act

“We only wish that this administration cared as much about the lives of working people as it does about meat, pork and poultry products,“ said Stuart Appelbaum, president of the Retail, Wholesale and Department Store Union. „If the administration had developed meaningful safety requirements early on — as they should have and still must do — this would not even have become an issue.“

Labor union leaders say the federal government’s and companies’ responses to the pandemic have been inconsistent, creating hazards for those in industries deemed essential.

“Thousands of workers have died and are sick. If that’s not necessary, I don’t know what is,” AFL-CIO President Richard Trumka said Tuesday. “The government’s response has been delinquent, delayed, disorganized, chaotic and deadly.”

As a result, workers across various industries that are at high risk of exposure to the coronavirus are using their unions to negotiate for greater protections and are pressing state leaders to lead efforts. According to the National Employment Law Project, a worker advocacy group, more than 16,000 workers have already fallen ill, and hundreds have died from Covid-19.

In New Jersey, workers at the Barnes & Noble distribution center in Monroe delivered a petition to Gov. Phil Murphy on Tuesday asking that he close the facility for two weeks due to reported cases of the coronavirus among employees. At least 100 of the 800 employees at the Middlesex County warehouse have signed the petition, according to organizers.

Unions representing roughly 10,000 correction officers, captains and wardens in New York City recently filed a lawsuit arguing the city is putting their health and safety in danger by requiring officers work 24-hour shifts and return from sick leave without first getting a negative Covid-19 test.

Dozens of McDonald’s workers organized by the union-backed Fight For $15 movement have gone on strike at restaurants in Los Angeles, Chicago, Tampa, Fla., and Memphis, Tenn., among other cities, over a lack of protective equipment and sick leave.

And earlier this month, the United Food and Commercial Workers and grocery chain Kroger called on federal and state officials to designate associates at grocery stores as “extended first responders” or “emergency personnel” so they could receive priority access to personal protective equipment like masks and gloves.

Businesses have cautioned against issuing binding new rules.

In a letter Tuesday to local and federal leaders, the U.S. Chamber of Commerce urged lawmakers „to refrain from converting public health and safety guidance into regulations that may add further challenges for businesses to reopen.“

The Smithfield lawsuit, filed by a local nonprofit advocating for worker rights and an anonymous longtime plant employee, is the first of its kind seeking to use the courts to force companies to abide by federal guidelines to protect workers operating in dangerous conditions.

Twenty meatpacking and processing workers have died from the coronavirus. At least 6,500 have tested positive for Covid-19, showed symptoms, missed work or been hospitalized, according to UFCW, which represents 1.3 million across the country.

The lawsuit, filed last week, underscores the weakness of the federal government’s ability to quickly police worker safety, even in a time of crisis. OSHA confirmed it has started an investigation into the Missouri plant, but it could take weeks before the plant abates the safety hazards and OSHA issues a citation or fines.

The agency also recently issued a new enforcement guidance specific to the meatpacking industry, suggesting that employers space workers six feet apart and provide barriers in between workers, among other precautions.

But those guidelines are still only recommendations, and are currently unenforceable by OSHA or the CDC.

Democrats and labor advocates have been clamoring for a provision mandating such worker safety requirements to be included in the next round of coronavirus relief.

Last week, House Education and Labor Chairman Rep. Bobby Scott (D-Va.) introduced legislation that would require OSHA to issue an emergency standard within seven days that would lay out mandatory protections companies must provide to their workers to prevent exposure to Covid-19.

“Over the past few months, we have seen the tragic consequences of the Department of Labor’s failure to take urgent action to protect frontline health care workers and other essential employees,” Scott said when introducing the bill.

“Without an enforceable workplace safety standard to protect workers against Covid-19 infection,“ he added, „nurses, doctors, first responders, grocery store workers, food processors, delivery workers, and many others will continue to suffer alarming rates of infection that have already led to thousands of preventable illnesses and deaths.“

Source: politico.com
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