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Oregon and California Adopt Emergency COVID-19 Standards | ||
Two West Coast states have stepped up to provide protections for working people during the ongoing coronavirus pandemic, joining just two others that have done the same, largely in the absence of a federal rule. "I applaud these efforts to create clear standards on how to keep everyone safe during this incredibly uncertain time," said International President Lonnie R. Stephenson. "No one should have to choose between a paycheck and the possibility of getting sick — or getting a loved one sick." Oregon's emergency temporary standard took effect on Nov. 16, with certain parts phased in, after months of pressure from the state's AFL-CIO chapter and other labor organizations. Included in the new standard, which was drafted with input from labor groups, including the IBEW:
The rules, which include further specifics for certain industries, are set to expire in May, by which time the Beaver State plans to have a permanent standard in place. Oregon AFL-CIO President Graham Trainor said the temporary rule was "a step closer to workplace safety, but with room for improvement." "Oregon OSHA's Emergency Temporary Standard is a strong step forward, but eight months into this pandemic we are seeing a tremendous increase in cases both at work and throughout our communities," he said in a statement on Nov. 19. "As we move closer to drafting a permanent standard, we must see stronger ventilation requirements for all industries. Infected air needs to be moved out of places of employment and clean air in, and the Emergency Temporary Standard only requires all other employers to optimize their current systems. Keeping workers safe cannot be done through half-measures." Just a few days later, California issued its own emergency workplace rule for the coronavirus. Under the new standard, which can be extended for up to 14 months, employers are required to:
The standard took effect 10 days after a Nov. 19 unanimous vote by the board that oversees California's Division of Occupational Safety and Health, known as Cal/OSHA. Despite the lopsided decision, it included more than seven hours of public comment, reported KQED. At one point there were over 550 attendees, both supporting and opposing the measure. But in the end, after listening to comments that started at 10 a.m. and ended after the sun had set, the worker's voice won the day. "I don't want to have this on my conscience that we didn't do something when we actually had the chance to do it," said Board Chair David Thomas. Oregon and California join Virginia and Michigan as the only other states to adopt such a standard. Workers across industries, along with labor organizations, have been calling for a federal-level standard, something which could be done through the Department of Labor's Occupational Safety and Health Administration, but so far, OSHA has chosen only largely unenforceable guidance and overreliance on its general duty clause, a broad guideline that rarely results in citations or meaningful penalties. As president-elect, Joe Biden vowed to issue mandatory workplace safety rules that employers must follow to protect workers from the coronavirus, reported Politico, believing that a national standard is preferable to a patchwork of state regulations, and that doing so would get more people back to work faster since everyone would be following the same rule. "Without a federal standard, we're leaving countless workers across the country to essentially fend for themselves," Stephenson said. "That's not how you lead, especially during a crisis like this. We're hopeful that the new administration, led by Joe Biden, will take concrete action to protect working families regardless of where they live." |
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