On March 6, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) petitioned the Federal Occupational Safety and Health Administration (OSHA) for an Emergency Temporary Standard on infectious disease in the wake of COVID-19. After it was denied, the federation of unions filed a petition in the D.C. Circuit Court of Appeals for a writ of mandamus, which, if granted, is an order to a government agency or official to undertake an action – in other words, to do its job.
Yesterday, however, the court issued a one-paragraph decision denying the petition.
OSHA’s defense was that the agency already has the tools it needs – specific standards on respiratory protection, Personal Protective Equipment, and the “General Duty Clause.” Meanwhile, OSHA has only issued one citation to an employer related to COVID-19, a paperwork violation under recordkeeping of occupational injuries and illnesses. The agency also released new guidance, in the form of frequently asked questions and answers, regarding the use of masks in the workplace just yesterday, June 11, months after the coronavirus outbreak began.
“People are always saying what heroes the workers are to be at work during the pandemic,” said Mike Wright, safety and health director for the United Steelworkers. “But as far as protecting them, it’s ‘Nah, we’re not going to do that.’”
The federation, which filed its petition May 18, outlines how tens of thousands of workers have been infected on the job through exposure to ill co-workers, patients, customers, and members of the public who hadn’t been screened before entering a workplace.
The AFL-CIO, whose member unions represent more than 12 million workers, argued in the petition that the agency’s unwillingness to issue an emergency standard “constitutes an abuse of agency discretion so blatant and of ‘such magnitude’ as to amount to a clear ‘abdication of statutory responsibility.’”