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Protecting Workers From Coronavirus: OSHA Leaves It to Employers | Protecting Workers From Coronavirus: OSHA Leaves It to Employers |
(about 16 hours later) | |
Adam Ryan, a Target employee in Christiansburg, Va., has felt unsafe at work in recent weeks. He finds it difficult to follow the recommendation that he stay six feet away from others because the store is often crowded and customers linger closely while he restocks shelves. | Adam Ryan, a Target employee in Christiansburg, Va., has felt unsafe at work in recent weeks. He finds it difficult to follow the recommendation that he stay six feet away from others because the store is often crowded and customers linger closely while he restocks shelves. |
“People will get mad at me when I’m in the area and they want to grab something,” he said. “They just act like it’s business as usual.” | “People will get mad at me when I’m in the area and they want to grab something,” he said. “They just act like it’s business as usual.” |
Target has taken steps to address workers’ safety concerns, including providing masks, but Mr. Ryan feels that the company hasn’t gone far enough. | Target has taken steps to address workers’ safety concerns, including providing masks, but Mr. Ryan feels that the company hasn’t gone far enough. |
There is little outside pressure on employers to address concerns like Mr. Ryan’s. That’s partly because the federal Occupational Safety and Health Administration, known as OSHA, has so far played a low-profile role in the coronavirus crisis. | There is little outside pressure on employers to address concerns like Mr. Ryan’s. That’s partly because the federal Occupational Safety and Health Administration, known as OSHA, has so far played a low-profile role in the coronavirus crisis. |
The agency, part of the Labor Department, announced last week that there would be few inspections of workplaces aside from those in high-risk activities like health care and emergency response. Instead, it called on employers to investigate coronavirus-related issues on their own, even in hot spots such as the food supply chain. | The agency, part of the Labor Department, announced last week that there would be few inspections of workplaces aside from those in high-risk activities like health care and emergency response. Instead, it called on employers to investigate coronavirus-related issues on their own, even in hot spots such as the food supply chain. |
“I wish they were more involved,” John Henshaw, who led the agency during the George W. Bush administration, said of OSHA’s role. “Certainly meatpacking — I don’t understand why they wouldn’t emphasize it.” | “I wish they were more involved,” John Henshaw, who led the agency during the George W. Bush administration, said of OSHA’s role. “Certainly meatpacking — I don’t understand why they wouldn’t emphasize it.” |
At the same time, OSHA has provided few of the incentives, like new workplace rules dealing specifically with infectious disease, that typically prompt employers to address hazards. | At the same time, OSHA has provided few of the incentives, like new workplace rules dealing specifically with infectious disease, that typically prompt employers to address hazards. |
Last week, in guidelines for “Opening Up America Again,” the White House listed “Protect the health and safety of workers in critical industries” as a core responsibility of the states, even though this is one of OSHA’s key missions. | Last week, in guidelines for “Opening Up America Again,” the White House listed “Protect the health and safety of workers in critical industries” as a core responsibility of the states, even though this is one of OSHA’s key missions. |
“Most states have NO ability to do this,” David Michaels, who led the agency during the Obama administration, wrote in an email. | “Most states have NO ability to do this,” David Michaels, who led the agency during the Obama administration, wrote in an email. |
Dr. Michaels said in an interview that OSHA might understandably focus inspections on certain high-risk industries during a crisis that is straining its resources. But he said this made it even more important for the agency to tell employers how to keep workers safe and clarify their responsibilities for doing so. | Dr. Michaels said in an interview that OSHA might understandably focus inspections on certain high-risk industries during a crisis that is straining its resources. But he said this made it even more important for the agency to tell employers how to keep workers safe and clarify their responsibilities for doing so. |
Instead, “they’re doing the opposite,” he said. “It’s really disheartening.” | Instead, “they’re doing the opposite,” he said. “It’s really disheartening.” |
A Labor Department spokeswoman said that notwithstanding the new enforcement approach, “if OSHA were to find flagrant violations of the law, the agency would use all enforcement tools available.” The spokeswoman said that OSHA had received about 2,400 coronavirus-related complaints by Tuesday and that it had resolved about 1,400. She said that the agency had yet to issue a citation to an employer but that it had six months to complete its investigations. | A Labor Department spokeswoman said that notwithstanding the new enforcement approach, “if OSHA were to find flagrant violations of the law, the agency would use all enforcement tools available.” The spokeswoman said that OSHA had received about 2,400 coronavirus-related complaints by Tuesday and that it had resolved about 1,400. She said that the agency had yet to issue a citation to an employer but that it had six months to complete its investigations. |
Mr. Ryan, the Target employee in Virginia, has not filed a complaint with OSHA about his concerns. Target cited a policy of limiting the number of shoppers when necessary. It said that it invited workers to raise concerns and had a process in place for addressing them, but that workers had not typically complained about the difficulty of social distancing at that location. | Mr. Ryan, the Target employee in Virginia, has not filed a complaint with OSHA about his concerns. Target cited a policy of limiting the number of shoppers when necessary. It said that it invited workers to raise concerns and had a process in place for addressing them, but that workers had not typically complained about the difficulty of social distancing at that location. |
Some workplace-safety experts expressed concern that OSHA had largely exempted Covid-19 cases from a general requirement that employers determine whether a worker became seriously ill on the job, and that they report such cases to the agency and keep records of them. | Some workplace-safety experts expressed concern that OSHA had largely exempted Covid-19 cases from a general requirement that employers determine whether a worker became seriously ill on the job, and that they report such cases to the agency and keep records of them. |
In guidance issued on April 10, the agency said it would not enforce the record-keeping requirement for Covid cases until further notice, except when the employer could obtain clear evidence that the infection was work related, a substantially higher bar than before. Only employers in health care, emergency response or prisons must apply the standard record-keeping procedure in Covid cases. | In guidance issued on April 10, the agency said it would not enforce the record-keeping requirement for Covid cases until further notice, except when the employer could obtain clear evidence that the infection was work related, a substantially higher bar than before. Only employers in health care, emergency response or prisons must apply the standard record-keeping procedure in Covid cases. |
The government relies on such reporting in several ways, like deciding which industries and workplaces to inspect in the future. Record-keeping also allows employers to figure out where their problems are and how to address them, making it particularly important when the agency is directing most employers to investigate coronavirus outbreaks on their own, experts said. | The government relies on such reporting in several ways, like deciding which industries and workplaces to inspect in the future. Record-keeping also allows employers to figure out where their problems are and how to address them, making it particularly important when the agency is directing most employers to investigate coronavirus outbreaks on their own, experts said. |
“First and foremost, they’re supposed to record so they themselves have the information necessary to determine where there are problems and when to do something about them,” said Jordan Barab, a top OSHA appointee during the Obama administration. | “First and foremost, they’re supposed to record so they themselves have the information necessary to determine where there are problems and when to do something about them,” said Jordan Barab, a top OSHA appointee during the Obama administration. |
The Labor Department said in a statement that the pause in enforcing its record-keeping requirement was to “help employers focus their response efforts on implementing good hygiene practices in their workplaces and otherwise mitigating Covid-19’s effects.” | The Labor Department said in a statement that the pause in enforcing its record-keeping requirement was to “help employers focus their response efforts on implementing good hygiene practices in their workplaces and otherwise mitigating Covid-19’s effects.” |
Former OSHA officials also note that the agency has not issued a so-called emergency temporary standard that would instruct employers across a variety of industries to put safety protocols into effect and raise the prospect of fines for failing to do so. | Former OSHA officials also note that the agency has not issued a so-called emergency temporary standard that would instruct employers across a variety of industries to put safety protocols into effect and raise the prospect of fines for failing to do so. |
Such standards can govern physical setups, like whether to install barriers between workstations; workplace rules, like restrictions on the number of customers inside a store; and the use of protective equipment. A standard could even require stores to temporarily bar customers and switch to pickup and delivery only, though such a move would probably invite litigation. | Such standards can govern physical setups, like whether to install barriers between workstations; workplace rules, like restrictions on the number of customers inside a store; and the use of protective equipment. A standard could even require stores to temporarily bar customers and switch to pickup and delivery only, though such a move would probably invite litigation. |
The Labor Department spokeswoman said, “OSHA’s current guidances, standards and regulations fully outline the rights and protections of workers from dangers such as the coronavirus.” She pointed to guidance that the agency recently published for several industries, including retail, airlines and waste management. | The Labor Department spokeswoman said, “OSHA’s current guidances, standards and regulations fully outline the rights and protections of workers from dangers such as the coronavirus.” She pointed to guidance that the agency recently published for several industries, including retail, airlines and waste management. |
But such guidance tends to be highly discretionary — for example, telling retail employers to “consider restricting the number of customers allowed inside the facility” and to “consider providing alcohol-based hand sanitizers.” The guidance list also neglects some key industries, like meatpacking, that OSHA sometimes struggled to regulate even before the crisis. | But such guidance tends to be highly discretionary — for example, telling retail employers to “consider restricting the number of customers allowed inside the facility” and to “consider providing alcohol-based hand sanitizers.” The guidance list also neglects some key industries, like meatpacking, that OSHA sometimes struggled to regulate even before the crisis. |
That has left a vacuum of oversight in workplaces where the virus is taking a toll, former OSHA officials said. | That has left a vacuum of oversight in workplaces where the virus is taking a toll, former OSHA officials said. |
Numerous retail workers have died of Covid-19, including employees at a Trader Joe’s in New York State, a Walmart near Chicago and a Whole Foods in Massachusetts, though it is unclear where they were exposed to the virus. Hundreds of workers at a meatpacking plant in South Dakota have been infected, and at least one has died. | Numerous retail workers have died of Covid-19, including employees at a Trader Joe’s in New York State, a Walmart near Chicago and a Whole Foods in Massachusetts, though it is unclear where they were exposed to the virus. Hundreds of workers at a meatpacking plant in South Dakota have been infected, and at least one has died. |
A worker at a poultry processing plant in Delaware who asked not to be identified for fear of retaliation said it was typically impossible for him to maintain six feet between himself and other workers. His job is to pick fallen poultry parts from the floor, clean them and place them back on the line, a task requiring him to circulate between two parallel lines of workers that can be less than six feet apart. | A worker at a poultry processing plant in Delaware who asked not to be identified for fear of retaliation said it was typically impossible for him to maintain six feet between himself and other workers. His job is to pick fallen poultry parts from the floor, clean them and place them back on the line, a task requiring him to circulate between two parallel lines of workers that can be less than six feet apart. |
The worker said that the plant had erected barriers between workers on some of its lines, but that the hallways were typically crowded during shift changes. | The worker said that the plant had erected barriers between workers on some of its lines, but that the hallways were typically crowded during shift changes. |
Updated June 5, 2020 | Updated June 5, 2020 |
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | |
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. | Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. |
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home. | Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home. |
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. |
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. | Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. |
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. | The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. |
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. |
Workers at grocery stores described varying approaches to protective equipment, spacing and foot traffic. Marian Meszaros, who works in the meat department of a Best Market on Long Island, said that her store tried to limit the number of shoppers, but that it felt no less crowded than it did before the pandemic. | Workers at grocery stores described varying approaches to protective equipment, spacing and foot traffic. Marian Meszaros, who works in the meat department of a Best Market on Long Island, said that her store tried to limit the number of shoppers, but that it felt no less crowded than it did before the pandemic. |
“The customers are still on top of us,” Ms. Meszaros said. “They all huddle around the meat case.” | “The customers are still on top of us,” Ms. Meszaros said. “They all huddle around the meat case.” |
A Best Market spokesman said that “store management actively monitors crowd levels throughout the day and limits customers at busy times,” and that it had placed stickers, markers and signs throughout the store to encourage social distancing. | A Best Market spokesman said that “store management actively monitors crowd levels throughout the day and limits customers at busy times,” and that it had placed stickers, markers and signs throughout the store to encourage social distancing. |
Senator Patty Murray of Washington, the top Democrat on the chamber’s health and labor committee, complained about the lack of a standard. | Senator Patty Murray of Washington, the top Democrat on the chamber’s health and labor committee, complained about the lack of a standard. |
“In one grocery store, they are limiting the number of people going in, they’ve got plastic up as protection for workers,” she said. “In another one, they’re jammed in the aisles.” | “In one grocery store, they are limiting the number of people going in, they’ve got plastic up as protection for workers,” she said. “In another one, they’re jammed in the aisles.” |
Ms. Murray said she and other Democratic senators had sought language requiring an OSHA emergency standard in coronavirus legislation last month but could not overcome Republican opposition. | Ms. Murray said she and other Democratic senators had sought language requiring an OSHA emergency standard in coronavirus legislation last month but could not overcome Republican opposition. |
One difficulty in issuing a workplace standard is the cumbersome federal rule-making process built up over decades. | One difficulty in issuing a workplace standard is the cumbersome federal rule-making process built up over decades. |
But Ann Rosenthal, who recently retired as the Labor Department’s top OSHA lawyer after serving administrations of both parties, said Congress could suspend the typical rule-making process for OSHA to expedite a new standard on infectious diseases. | But Ann Rosenthal, who recently retired as the Labor Department’s top OSHA lawyer after serving administrations of both parties, said Congress could suspend the typical rule-making process for OSHA to expedite a new standard on infectious diseases. |
In the meantime, experts said, the agency could take other steps. Mr. Henshaw, the OSHA leader under Mr. Bush, said he was sympathetic to the idea of relaxing record-keeping requirements but would like to see more specific guidance on how employers could minimize infections — in essence, “We’ll give you a break here, but you have to do this.” He acknowledged, however, that guidance was not mandatory. | In the meantime, experts said, the agency could take other steps. Mr. Henshaw, the OSHA leader under Mr. Bush, said he was sympathetic to the idea of relaxing record-keeping requirements but would like to see more specific guidance on how employers could minimize infections — in essence, “We’ll give you a break here, but you have to do this.” He acknowledged, however, that guidance was not mandatory. |
Ms. Rosenthal said OSHA could issue guidance interpreting existing standards governing sanitation and protective equipment for the coronavirus era, which could effectively require more frequent breaks for hand-washing, as well as enough soap and water. | Ms. Rosenthal said OSHA could issue guidance interpreting existing standards governing sanitation and protective equipment for the coronavirus era, which could effectively require more frequent breaks for hand-washing, as well as enough soap and water. |
Through the agency’s combination of policy rollbacks and inaction, she said, “they’re sending signals to employers that they don’t have to do anything.” | Through the agency’s combination of policy rollbacks and inaction, she said, “they’re sending signals to employers that they don’t have to do anything.” |