OSHA won’t require virus records in most industries
At least eight Fedex workers have died after experiencing symptoms of coronavirus, an investigation by The Commercial Appeal and The Bergen Record found.
Although the company did not dispute that figure, Fedex would not provide the total number of its workers who have died from COVID-19; neither would the federal agency responsible for oversight of employers, the Occupational Safety and Health Administration.
Since the onset of the coronavirus pandemic, OSHA has published a reminder to employers that it is illegal to retaliate against whistleblowers who have workplace safety concerns.
The agency has also issued an enforcement plan and guidance that recommends employers adopt certain safety measures based on the level of workers’ risk of exposure.
But that publication states, “This guidance is not a standard or regulation, and it creates no new legal obligations.”
And the agency says it does not have the development of stronger oversight on the horizon.
“OSHA does not believe now is the time to issue a new regulation,” a spokesperson said.
The agency believes it has the existing tools needed, “to keep workers safe from coronavirus,” said the spokesperson, who also cited “the fluid nature of the pandemic.”
The agency is prioritizing the inspection of fatality reports from healthcare organizations and first responders, the spokesperson said.
But OSHA has loosened the requirement to make a determination of whether a positive COVID-19 result is work-related for employers in areas of community transmission, outside of health care, emergency response and corrections industries.
“OSHA will not enforce its recordkeeping requirements to require these employers to make work-relatedness determinations for COVID-19 cases,” an April 13 memo states.
OSHA’S spokesperson did not address six requests for clarity as to whether the waiver applied to fatality reporting or not.
An upcoming review of OSHA’S response to the pandemic from the Department of Labor’s Office of Inspector General could prompt change, though the stated focus of the OIG’S review does not encompass non-medical essential workers.
By June 30, the OIG expects to complete the first of four phases of its Pandemic Response Oversight plan, which will audit OSHA’S guidance. Phase 2 has a Sept. 30 planned completion date and a stated goal: “Evaluate OSHA’S efforts to protect people on the front lines of this pandemic, particularly doctors, nurses, other health care workers, and emergency responders with increased exposure risk.”
The inspector’s office did not respond to questions regarding oversight on behalf of non-medical essential workers.
Meanwhile, New Jersey Sen. Cory Booker’s office may provide some transparency.
At least half of Fedex’s known fatalities were Fedex hub workers at the Newark International Airport.
In a letter sent Friday to Fedex Chairman and CEO Fred Smith, Booker said he was “deeply troubled by reports” his office received from constituents regarding Fedex Newark hub workers contracting COVID-19 and “several” having died from the disease.
The New Jersey Senator asked Fedex to confirm the total number of positive cases and deaths in Newark.
“If we are to successfully mitigate the spread of the COVID-19 virus in America, Fedex, which directly employs thousands of people across the country and reaches millions more through its services, must prioritize the safety and wellbeing of its employees and customers through stronger safety protocols and enforcement oversight,” Booker said.
Sarah Macaraeg can be reached at sarah.macaraeg@commercialappeal .com, 901-529-2889 and on Twitter @seramak.
Max Garland can be reached at max.garland@commercialappeal.com or 901-529-2651 and on Twitter @Maxgarlandtypes.
Colleen Wilson covers the Port Authority and NJ Transit for Northjersey .com. Email: cwilson2@gannett.com; Twitter: @colleenallreds.