Q. Are employers required to follow COVID-19 safety measures such as wearing personal protective equipment (PPE), maintaining physical distance, and updating HVAC systems, and other safety measures in the workplace?

• Only one federal agency protects worker health and safety rights—OSHA

  • OSHA enforces workers rights to a safe and healthy workplace on a national level. However, 21 states have their own OSHA that mandates and enforces safety measures at the state level

• The CDC has issued voluntary recommendations for employers to follow to prevent the spread of COVID-19, but federal OSHA has refused to make those guidelines mandatory. Although the implementation of health and safety measures such as PPE, physical distancing are proven to be our first and best way to effectively stop the spread of the virus, the federal government has failed to take timely and effective action. This means it’s up to state and local governments to mandate and enforce these safety measures

  •  Even when COVID-19 infections were increasing in some states, the CDC  relaxed its recommendations on masking and other safety protections 

  • Further, the CDC relaxed its guidance in the meat and poultry industry because of political pressure. For more information, click here

• The reality is that employers can choose whether or not to follow the CDC and OSHA safety guidelines with little or no federal oversight. Workers and their advocates must turn to state policymakers to mandate the CDC guidelines into enforceable state law

• We’ve created a COVID Straight Talk on the NIOSH Hierarchy of Controls guide on how to leverage the language of the CDC and NIOSH (National Institute for Occupational Safety and Health) “Hierarchy of Controls” that will help you advocate more effectively for workplace safety. To read COVID Straight Talk on the NIOSH Hierarchy of Controls, click here

Q. OSHA is supposed to take care of workers. Is it enforcing anything?

• Federal OSHA has  done almost no COVID-19 related enforcement in this pandemic. Though over 9,000 complaints have been filed, they have done few if any onsite inspections. However, some state OSHAs (such as California) are doing inspections 

• You can read OSHA guidelines and updates here: Safety and Health Topics | COVID-19 – News and Updates

Q. What can I do if my employer isn’t adhering to CDC and OSHA safety measures for pandemic health and safety?

• File a complaint with federal OSHA

  • Here is a good resource from NELP for workers and advocates on what they can do: https://www.nelp.org/publication/worker-safety-health-during-covid-19-pandemic-rights-resources/

  • Although OSHA is doing almost no enforcement, workers should still file complaints with OSHA. In states that have passed requirements, the state OSHA agencies are doing enforcement—and will inspect. In other states, local health departments and the Attorney General’s office may be enforcing the state’s COVID-19 workplace requirements

  • It’s actually not that hard to make a complaint! You can file a complaint with OSHA either by phone, or to file online, click here: with this link

  • It is best if the complaint is filled out online and signed by a you or your representative

  • File complaints online, and sign the complaint—and check the box to keep your name confidential. Complaints filed by phone or that are not signed will usually not result in an inspection—this was true even prior to COVID-19

  • OSHA makes it clear that if a worker or organization does not want the employer to know who filed the complaint, it will keep that information confidential

  • Once OSHA receives the complaint, the agency should call the complainant to follow up, then you can call the local area OSHA: https://www.osha.gov/contactus/bystate

  • You can file complaints online in Spanish or English

  • Where possible, NELP recommends that you have a representative (eg, a family member, lawyer, worker center, union, clergy) file the complaint for you

  • You and your representative should also contact your local county health departments and ask them to investigate your workplace. If COVID-19 has spread in the workplace, county health departments are responsible for mitigating the spread of the virus

• Contact the Attorney General’s office in your state to see if your state has a COVID 19 worker protection requirement.

  • https://www.nelp.org/blog/which-states-cities-have-adopted-comprehensive-covid-19-worker-protections/

• To get more information and guidance from NELP on how to make a complaint with OSHA, click here: Rights & Resources for Worker Safety & Health Amidst COVID-19

Q: Can my employer penalize or fire me for making a complaint with OSHA?

• You have the right to speak up and advocate for your health and safety at work

• OSHA law prohibits employers from retaliating against workers for filing complaints about their health and safety in the workplace 

• These protections are commonly known as “whistleblower protections”

• If you are retaliated against or discriminated against for raising health and safety concerns or for filing an OSHA complaint, you will need to file a whistleblower complaint with OSHA:  

  • Click here to file a complaint: How to File a Whistleblower Complaint

• The complaint should be filed as soon as possible, because federal OSHA requires the complaint be filed within 30 days of the act of retaliation, though some states provide longer timelines

• If you file a complaint about health and safety conditions with one or more coworkers, you may also be protected from retaliation under the National Labor Relations Act (NRLA). To find out more about the NLRA, click here: National Labor Relations Act

• To read more about how to get M.A.D. and stay safe from COVID-19 in the workplace, click here for our guide: COVID Straight Talk for Workers

• Rather than acting alone, consider joining with coworkers also concerned about workplace safety to advocate “in concert,” or as a group, and form a plan for collective action. There is power in numbers. The following resources provide guidance on taking collective actions and how to form a union:

  • https://cwa-union.org/covid-19-protected-concerted-activity-faq 

• Forward Together created this useful guide on worker advocacy: Forward Together—Worker Advocacy

Q. Are there any guides that can help me talk with my employer about the importance of keeping workers safe from COVID-19 in the workplace?

• We’ve created an array of guides to help you advocate for workplace safety. Check out our website at: www.lastmile.works

• This NELP guide for employers is another good resource: Employer Best Practices: Policies to Support Workers During the Coronavirus Pandemic

• We’ve also created two guides aimed at employers: COVID Straight Talk for Employers and COVID Straight Talk on NIOSH Hierarchy of Controls, which give guidance to employers on implementing our recommendations on how to get M.A.D. and stay safe

Q. What rights do I have if I’m an independent contractor or work in the “informal economy?”

Just because your employer claims you are an independent contractor, doesn’t necessarily mean you are. If you have concerns about health and safety in the workplace, you should still file an OSHA complaint. Some jobs that have been misclassified as independent contractors, include:

• Salespeople

• Owner-operator truck drivers and delivery drivers

• Models, entertainers, and dancers

• Private instructors 

• Limousine drivers

• Salon and barbershop booth renters

• Janitors and property maintenance workers

• Homecare workers

• Uber/Lyft drivers

In addition, some states have taken additional steps to ensure that all workers—both employees and independent contractors—can readily access unemployment benefits. For more detailed information on what rights and protections are available to gig workers, refer to these NELP resources: 

• Independent Contractors and COVID-19: Working Without Protections

• Unemployment Insurance Helps Mitigate Job Loss During Pandemics: Options for Policymakers

Q: Are employers required to disclose if anyone at work has tested positive for COVID-19?

Your employer should tell you, but may not. A few states require this, such as Virginia. The CDC clearly recommends that employers inform workers, however it is not currently mandated or enforced, so it is left to employers’ discretion. You may want to consider filing an OSHA complaint if you suspect there are COVID-19 cases in your workplace, as well as contact local and state health departments. If you think you may have been exposed to a coworker who has COVID-19, then your employer should:

• Grant you paid sick leave to allow you to quarantine for 14 days per the CDC guidelines:

  • “[I]f an employee is confirmed to have COVID-19 infection, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act (ADA).” However, if you are an essential worker, The CDC guidelines have been weakened. If you are an essential worker, click here: Weakened CDC guidance for essential workers. The CDC permits employers to require that workers go back to work after exposure to COVID-19. Unfortunately, many states have implemented this very dangerous guidance

  • You and your coworkers should then self-monitor for symptoms (ie, fever, cough, fatigue, shortness of breath, or other symptoms)

Q: If my federal, state, and local government, as well as my employer, aren’t mandating and enforcing health and safety measures, what can I do?

There is power in numbers, so stand together to take collective action to advocate for health and safety in the workplace.

If you have concerns that your employer has placed you in a dangerous situation, talk to your coworkers and see if they feel the same way. Acting as a group “in concert” to demand changes that will improve the safety for all workers amplifies your voices and adds merit to your cause. Here are some helpful tips to consider to protect yourself from employer retaliation: 

• Do not use work time to talk about the issue

• Go off-site with coworkers to meet and talk about conditions at the workplace

• Make sure you are calling for positive change that will improve working conditions for all employees, not just yourself or your department

• Make sure statements about your employer are related to how you and your coworkers are treated at work

• Do not use your work phone, work computer, or work email to talk about the issues that concern you so that you maintain your privacy

• Make sure all of the statements made about your employer are true and document them

• Documentation is critical: write down, photograph, record, and document workplace infractions, as well as jot down summaries of any conversations you have with supervisors or management regarding safety measures or unsafe conditions. Be sure to date and time all documentation

Q: What are some actions I can take, alone or collectively, to advocate for a safe and healthy workplace?

• Express grievances via social media. This creates documentation of your complaint as well as raises public awareness to your situation

  • Facts matter: write down, photograph, record, and document workplace infractions and make sure to date and time them

• Start a petition with clear demands and collectively deliver it to your employer

  • This establishes a “concerted effort” that gives weight to your grievances

  • Give the employer solutions and demands that will fix the issues, and give them the opportunity to make changes

• Picket outside of your workplace and invite local news to cover it

• Write letters and emails, and call your elected officials. Let them know your concerns

• Form a union. Here are some resources to help you establish a union for collective bargaining power with the support of union organizers in your industry: 

  • Protecting Worker Safety & Health in the COVID Crisis: A State & Local Model Policy Response

Unions remain perhaps the most powerful means of ensuring that safety measures are actually enforced. Reach out to local union offices in your industry for support in forming a union. Established unions have organizers that can help workers in nonunionized workplaces form a union. For more information, visit: Is It Time To Start a Union At Your Workplace?