WASHINGTON, DC – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today announced an interim enforcement response plan for the coronavirus pandemic. The response plan provides instructions and guidance to OSHA area offices and compliance safety and health officers (CSHOs) for handling coronavirus-related complaints, referrals and severe illness reports.
During the coronavirus outbreak, OSHA area offices will utilize their inspection resources to fulfill mission essential functions and protect workers exposed to the disease. The response plan contains interim procedures that allow flexibility and discretion for field offices to maximize OSHA’s impact in securing safe workplaces in this evolving environment.
“OSHA is committed to protecting the health and safety of America’s workers during this challenging time in our nation’s history,” Principal Deputy Assistant Secretary Loren Sweatt said. “Today’s guidance outlines commonsense procedures for investigating complaints related to the coronavirus, while also ensuring the safety of workers, employers and inspectors.”
The response plan outlines procedures for addressing reports of workplace hazards related to the coronavirus. Fatalities and imminent danger exposures related to the coronavirus will be prioritized for on-site inspections. The response plan contains procedures and sample documentation for CSHOs to use during coronavirus-related inspections. Workers requesting inspections, complaining of coronavirus exposure or reporting illnesses may be protected under one or more whistleblower statutes and will be informed of their protections from retaliation.
This memorandum will take effect immediately and remain in effect until further notice. It is intended to be time-limited to the current public health crisis. Check OSHA’s webpage at www.osha.gov/coronavirus frequently for updates.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.
The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment and assure work-related benefits and rights.
The CEO of Norfolk Southern, James A. Squires, recently asked employees for feedback concerning the carrier’s responsiveness to the COVID-19 pandemic. SMART Transportation Division has been gathering reports about how carriers are complying during the outbreak of coronavirus. As one of those employees deemed “essential,” SMART-TD Vice General Chairperson Robert M. Levkulich (GCA-898) sent the following email to NS’s top boss to express his opinion, which is reproduced here with Brother Levkulich’s permission: Mr. Squires, as the outside world continues to spiral out of control, it feels as if it’s just another day along the railroad. As Transportation employees, we read daily updates that Norfolk Southern has taken to protect its office workers, in Atlanta and Norfolk, but in yard offices around the system, it’s business as usual. For conductors and engineers operating across Norfolk Southern, we have been categorized as an essential part of our nation’s infrastructure, and essential in the fight against Covid-19. Since conductors and engineers are deemed essential, then so should our safety and well-being. Norfolk Southern used to prioritize the safety of its employees, but recently the only priority has been to get to a 60 OR. I have visited numerous yard offices, and I’ve seen a lot of things that impressed me. But these were from individuals. I saw a conductor who brought masks his wife and kids had sewn in for his fellow crew members. I saw an engineer carrying in bottles of home made hand sanitizer to distribute in the yard office. And finally I saw a Road Manager that was carrying in an arm full of sanitizer that he used his own money to pay for. These individuals taking care of each other are inspiring stories but are void of Norfolk Southern. Companies across this nation are stepping up to show their employees they care. As Transportation employees we have seen drastic financial loss due to the “chase for a 60 OR” and now with COVID-19 and closures, we have taken another hit. Ally Financial took unprecedented steps to show its 8700 employees they care. Below are excerpts from Forbes Magazine article dates 4/6/20:
All employees making $100,000 or less in annual base compensation will receive a $1,200 tax-free financial assistance payment to help cover unexpected costs related to working from home.
Ally added 100% coverage for diagnostic testing and the associated visit related to COVID-19.
Immediate paid medical leave for any employee diagnosed with COVID-19.
Expanded childcare support: When daycare or adult/elder care arrangements are disrupted, Ally will cover 30 uses of emergency care.
Employees with monthly or quarterly incentive plans were assured that Ally would account for COVID-19 impacts to operations.
Access to free mental health professionals, via phone or text, through the Employee Assistance Program.
100% coverage for virtual doctor visits and online health care services.
Paid caregiver leave for employees caring for an ill family member.
Well-being modules and challenges geared to staying physically and mentally healthy at home
These are great examples of what a company can do do to protect its employees. So Mr. Squires my question is, What will Norfolk Southern do for its most valuable, and essential employees?
Robert M. Levkulich Vice General Chairman Southern Lines GCA-898 SMART Transportation Division
The Defense Production Act (DPA) was invoked April 2 by President Donald Trump to expedite the manufacture and eventual distribution of supplies, especially ventilators, necessary to fight the COVID-19 pandemic. The first step in getting the products — including surgical masks, disinfecting agents and medical devices — to those who need them is to create and package them. Right now. Sheet metal workers across the United States are fabricating new equipment and supplies to support our nation’s response to this pandemic. Volunteers have even stepped up to supply groups with vital parts in the production of new protective gear while union sheet metal workers from New York to Detroit and Wisconsin and everywhere in between are on the front lines constructing new medical facilities to handle the surge of new COVID-19 patients. While members are busy producing supplies as fast as they can, these supplies also need to be transported to the places that are most in need. This is where the United States freight railroad network comes in. The full scope of the DPA must be employed to strongly and decisively react in the quickest way possible, including the engagement of railroads’ nationwide reach. The greatest volume of goods and material needed to help the country recover in the least amount of time will be delivered by the men and women operating the trains that travel America’s railroad network. Thousands of rail workers have been furloughed by the country’s largest rail carriers in recent years. These people must be put to work to deliver life-saving equipment to major metropolitan areas struggling to contend with the coronavirus. Any half-measure will result in more lives being lost. Sheet metal and transportation workers stand at the ready to assist. All that is needed is full invocation of the DPA and a wave of labor will help to first fight the pandemic and then to wipe out the economic devastation it has created. Sincerely,
The Honorable K. Jane Williams Acting Administrator Federal Transit Administration U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590
Dear Acting Administrator Williams: First, we want to thank you and your staff for your hard work ensuring that funding provided through the Coronavirus Aid, Relief, and Economic Security (CARES) Act was apportioned to transit agencies in such an expeditious manner. The $25 billion in emergency funding provided by the CARES Act comes at a critical time for public transportation, the frontline workforce who operate and maintain it, and the millions of Americans—including health care workers, law enforcement, first responders, and other safety personnel—who still rely on it every day during this crisis. As you know, these funds are provided for capital and operating expenses related to the coronavirus health emergency, including the purchase of personal protective equipment (PPE) and paying the administrative leave of operations personnel due to reductions in service. While PPE and cleaning supplies are eligible for 100 percent federal reimbursement, we understand that there are significant challenges—largely related to demand and global supply chain disruptions—in securing adequate safety equipment for public transportation personnel. While we stand by the critical importance of the work our members are providing during this crisis, we must also consider their health and the health of those around them. Stories of frontline public transportation workers contracting COVID-19 and tragically dying from the virus are already emerging around the country, and it will only get worse in the coming weeks and months. To ensure the best use of the emergency funding provided by the CARES Act and to protect the health and safety of the frontline workforce and traveling public, we request the following: First, the Federal Transit Administration should issue immediate and specific interim guidance to public transportation agencies and local governments on the minimum level of PPE for essential frontline employees and cleaning procedures for public transportation services and facilities. At a minimum, this should include masks, gloves, and cleaning supplies for transit workers; and mandatory cleaning standards for trains, buses, subway cars, and public transit stations that are consistent with existing guidelines from the Centers for Disease Control and Prevention and the National Institute for Occupational Safety and Health. Second, if a public transportation agency or local government is not able to meet these guidelines and is therefore not able to provide service, and in keeping with the intent of the CARES Act, the FTA must ensure that transit agencies provide continuity of pay to employees until such a time that the established requirements can be met. Finally, the FTA should urge transit agencies to follow back-door loading policies on all buses, when possible, for all non-ADA passengers to minimize exposure to bus operators, and to set temporary maximum passenger loads that allow for social distancing of passengers. Taking these steps now will ensure not only the health and safety of America’s frontline public transportation workforce, but also that this critical transportation service continues to operate regularly when we emerge from this crisis. We thank you for your consideration and would be happy to have further discussion with you or your staff about proactive steps we can take to reduce harm and loss of life during this crisis.
Joseph Hansen, a conductor out of Local 60 (Newark, N.J.) who worked for New Jersey Transit (NJT), passed away recently to become the first reported active SMART Transportation Division member to succumb to COVID-19, the novel coronavirus. Joseph Hansen, a 20-year SMART Transportation Division member out of Local 60 (Newark, N.J.), passed away from COVID-19. Photo via New Jersey Transit/the Hansen family. Hansen was 62 years old and had been a SMART-TD member since November 1999. He worked out of NJT’s Raritan Yard. “Brother Hansen’s 20 years of service was exemplary. He was the consummate professional, a loving husband, father and grandfather,” said General Chairperson Jerome Johnson (GCA-610), who is president of Local 60. “He will be greatly missed.” Brother Hansen is survived by his wife, Denise; a son, Brian, who is a mechanic at Raritan Yard; and his grandchildren. SMART-TD offers sincere condolences to Brother Hansen’s family and friends and to his brothers and sisters of Local 60, who continue to put their safety on the line as essential workers during the COVID-19 pandemic. Read an article from Northjersey.com about Brother Hansen’s passing. Northjersey.com also reported that the carrier gave an update on the effects of COVID-19 on NJT’s 12,000-person workforce:
87 NJ Transit employees have tested positive for coronavirus
Of those, 57 were operating buses, trains or cleaning stations
571 employees are in quarantine as a precaution or awaiting test results
159 employees have returned to work after being cleared
As more people are being diagnosed with COVID-19 or coronavirus, it is important to know who you have come into contact with on a daily basis. State health departments, employers and the infected themselves have been having a difficult time in determining and/or remembering who the infected person may have come into contact with in trying to trace possible infection vectors. The Bailey Yard in Nebraska was one of the first railroad yards hit with the virus. As the first patient was identified and put into isolation along with other railroad employees who had come into contact with the patient, one thing became clear: not everyone who had come into contact with the infected person had been identified. As a second person was identified as having the virus, the same problem occurred. “As vice local chairperson, I was getting calls from employees wondering why they weren’t notified as they had been in contact with one or the other of the positive people. I didn’t have an answer, and we discovered that the positive person bears the burden of knowing who they had been around and are asked this days after they’d been in isolation,” said Amanda Snide of SMART Transportation Division Local 200 in North Platte, Neb. “We potentially come in contact with so many people during our shifts that it can be hard to keep track of who you were with on what days,” she said. “I have been sharing that I am personally keeping track of whom I’ve been in contact with during my shift. During interactions with other employees I explain why I’m writing their names down and encouraging others to do so. “Whenever someone new calls to be assisted in the process of being taken out of service as they aren’t feeling well, I tell them to start making a list of who they have been around both at work and outside of work. For someone to have been in contact with a sick person, only to find out days after everyone else is pulled from service, would be a sickening feeling that you potentially spread this unknowingly.” By taking Snide’s advice in writing down names and contact information, we can be sure that we know exactly whom we’ve been in contact with should the worst occur and then can more easily identify others who have come into contact with the virus. Snide says that in addition to writing down names and contact information, she also takes steps to keep her family safe. Her work boots stay outside, and she doesn’t touch anything in her home until her work clothes are in the washing machine and she’s showered. As COVID-19 has infiltrated the bus and rail industries, it’s important that members do their best to try to mitigate its spread. As Snide has suggested, we are recommending that all of our members write down who they have come into contact with each day and keep that list for at least a month. Doing so will help identify who may have been exposed if you come down with the virus. We need to work together to keep ourselves and our union brothers and sisters safe. Another way is by reporting how your carrier is adhering to Centers for Disease Control and Prevention (CDC) protocols. COVID-19 has hit the transit industry hard with hundreds of cases among passengers and workers alike reported through the media. Only a few cases have been reported on freight carriers thus far, but knowing the conditions that have been reported to the union and the delay by federal agencies to take action, the freight industry could be harder hit. The bus industry has started to report cases as well with Santa Monica’s Big Blue Bus just reporting two cases among their bus operators. Please see this guide produced by OSHA on how to keep yourself and your co-workers safe, and be careful out there!
Alternate National Legislative Director Jared Cassity shared a tip about the type of bleach that should be used for disinfecting work areas while trying to prevent spread of the coronavirus. Be sure to check the label for the sanitization properties of bleach inside. “Splashless” bleach is not useful in creating a disinfecting solution and says so on the bottle.Bleach water should be created with a tablespoon of bleach per gallon. The bleach used to mix the solution should not have additional scent added to it, according to the Department of Health and Human Services (HHS). Also, the “splashless” variety of bleach neither sanitizes nor disinfects, Cassity said. “Be sure to purchase regular bleach,” said Cassity, who verified the information through Clorox representatives. Follow this link for a PDF from HHS on how to make a bleach water disinfecting solution.
A bipartisan group of 14 members of Congress — seven Democrats and seven Republicans — pledged support to SMART Transportation Division’s petitions to the administrators of the Federal Railroad Administration (FRA) and the Federal Transit Administration (FTA) seeking protection for railroad and transit workers during the COVID-19 pandemic. “Our transit and rail workers are essential to the health, safety, security and transport of people within and between our communities along with the transport of critical goods and freight across the country,” the legislators wrote. “It is important that steps are taken to mitigate against the spread of the virus within the workforce, minimize exposure while workers are performing their duties, and ensure sufficient staffing.” U.S. Reps Greg Stanton, a Democrat from Arizona, and Brian Fitzpatrick, a Republican from Pennsylvania, were the lead signatories. “As you work to identify additional measures to protect these essential transportation workers, we ask that you consider and give full and fair consideration to the recommendations SMART-TD outlined in its petitions for worker protections and sanitation standards to protect against the virus,” the representatives wrote. The members of Congress who signed the letter also included U.S. Reps Tom Malinowski (D-N.J.); David B. McKinley (R-W.Va.); Grace F. Napolitano (D-Calif.); Christopher H. Smith (R-N.J.); Sharice L. Davids (D-Kan.); Rodney Davis (R.-Ill.); Jesus G. “Chuy” Garcia (D-Ill.); Fred Upton (R-Mich.); John Garamendi (D-Calif.); Mike Bost (R-Ill.); Adriano Espaillat (D-N.Y.); and Don Bacon (R-Neb.). On March 20, SMART-TD President Jeremy Ferguson called on FRA Administrator Ron Batory and FTA Acting Administrator K. Jane Williams to make the carriers regulated by their agency implement sanitation and preventive measures in accordance with Centers for Disease Control and Prevention (CDC) guidelines. Neither agency has responded to the joint request by SMART-TD and the Brotherhood of Locomotive Engineers and Trainmen (BLET) to FRA or SMART-TD’s request to FTA. FRA did grant safety waivers to Class I carriers on March 25. “These members of Congress recognize that SMART-TD members and others in transportation labor continue to fill an essential role as the United States copes with the coronavirus pandemic,” SMART-TD National Legislative Director Gregory Hynes said. “Their continued support is appreciated where others seem not to be interested in protecting these essential workers.” Read the letter here. (PDF)
From Railroad Retirement Board (RRB) Labor Member John Bragg: As the Railroad Retirement Board (RRB) works its way through this pandemic, I will continue to reach out to you, my fellow brothers and sisters, to keep you informed on the status of the RRB and the benefits we administer. Most recently, on March 31, 2020, I shared information on how the CARES Act boosts unemployment and sickness benefits for railroad workers impacted by the pandemic. That notice included a link to a page on the RRB’s website with guidance in the form of Q&As. You can find the FAQs here: Unemployment and Sickness Benefit Flexibilities Under the Railroad Unemployment Insurance Act (RUIA) during the COVID-19 Virus Outbreak. The purpose of this notice is to bring to your attention two changes which have been made to that guidance. The first change relates to the instructions on filing applications and claims — specifically, the instructions related to the filing for sickness benefits. It is not a significant change, but I still wanted to bring it to your attention. Ordinarily, an applicant for sickness benefits must submit an application form and must also submit Form SI-1b, Statement of Sickness. Because the Form SI-1b requires a doctor’s signature and it was recognized that it may be difficult to get a physician to sign a statement during these unique circumstances, the RRB issued guidance indicating that, in lieu of Form SI-1b, a written statement could be submitted for the first claim. Because of the Paperwork Reduction Act and the manner in which federal agencies may collect information, that statement should now be submitted through an RRB Form G-93, Statement of Claimant or Other Person. You can find that form here: RRB Form-G-93. See also Questions 5-7 of the FAQs. A side benefit is that we believe this will simplify the process for those unable to obtain a Form SI-1b, as it is a fillable form. The second change relates to the Q&As themselves. We have received numerous inquiries regarding the one-time-only economic relief payment provided by the CARES Act. The RRB is not responsible for these payments. Therefore, we have added the following as Q&A No. 16: Q: Is the RRB going to pay the one-time-only economic relief payment available to individuals with income of $99,000 or less and couples with income of $198,000 or less? A: No, the Department of the Treasury will be responsible for making those payments. Additional information regarding the one-time-only economic relief payments can be found at the following link: https://www.irs.gov/newsroom/economic-impact-payments-what-you-need-to-know I want to assure you that, while the worksite environment has changed considerably for RRB employees, the longstanding tradition of commitment to assuring that railroad workers receive the benefits that they have earned remains as strong as ever. These are unprecedented times and I will do my best to keep you informed. As we make changes accordingly, the agency will keep updating the website as well as the FAQs. Meanwhile, if you have additional questions, please don’t hesitate to reach out.
John Bragg, Labor Member, Railroad Retirement Board
As COVID-19 has spread across the country, some carriers and businesses have been caught flat-footed in dealing with the pandemic as indicated by field reports we’ve received from members. The same cannot be said for front-line SMART Transportation Division members who have sprung into action to help their communities and fellow members cope with the effects of the coronavirus. General Chairperson Justin Wolters has been providing cleaning supplies to members to help fight the spread of COVID-19. General Chairperson Justin Wolters (GCA-449) was able to engineer an agreement with a local distillery that provided alcohol-based hand sanitizer to members free of charge. “I explained our travel ban exemption and our lack of access to running water,” Wolters said. “They seemed more than happy to help our union. “I decided I can’t rely on the carrier to protect the members, so our officers are donating cleaning materials daily and cleaning when they can.” Attention to sanitation of work areas also has been a challenge that General Chairperson Larry Miller (GO 386) is doing his best to help meet by providing disinfecting wipes to workers in packages provided by the union. Larry Miller “I wanted to do all I can on my part to keep our members supplied with whatever I could get at our local stores,” said Miller, who was elected an alternate vice president at last year’s Second SMART-TD Convention. “I know it is not a lot, but it does make a dent. If we all pull together as the SMART-TD team, we will get through this.” Member Mike Speier of Local 6 (Indianapolis, Ind.) took the initiative of purchasing a number of spray bottles from the dollar store, mixing up a bleach solution with four gallons that he purchased on his own, and then placing the filled spray bottles around the yard office. “They can put posters up when the cows come home, but that’s not keeping us safe,” Speier said. “It’s cheap to do, I followed the instructions on Google and have been filling them up and giving them to the guys. Mike Speier of Local 6 in Indianapolis, Ind., poses with his two daughters. Speier has been supplying fellow workers based out of the Avon, Ind., terminal with bleach water to help disinfect their work areas.“If I keep my brothers and sisters safe and healthy, it ensures that I come home safe and healthy.” If managers would give workers a bit of extra time to sanitize and disinfect their worksites — about 10 minutes — and allow the people to pull together, it’d help to reduce the risk of the coronavirus spreading, he said. “You have a half-dozen guys buy bottles and bleach water, and we can really nip this in the bud,” Speier said. Some members are doing their best to keep others informed. On the West Coast, General Chairperson James Sandoval of the Santa Cruz Metropolitan Transit District and Local 23 (Santa Cruz, Calif.) alternate legislative representative, has been sharing information with members across TD locals and transit agencies alike to help spread information during the outbreak. In particular he is raising awareness about federal and state benefits that are available especially for those who may find themselves unable to work because they or someone they care for is dealing with COVID-19. “Since we are in uncharted waters with this pandemic, it is extremely important to support each other and share information that may help because there is no book on this,” he said. “I have been sharing information with all District 3 general chairpersons, our International, our local labor counsel and other unions. We must step up to make sure nobody feels alone right now because things are changing at a rapid pace.” Sandoval says that a cooperative effort has brought about shift adjustments at both Santa Cruz’s bus and paratransit properties by the carrier, which also has eliminated disciplinary procedures on sick calls, begun a no-question 10-day stay-at-home policy, supplied personal protective equipment and implemented bus sanitation practices. “I couldn’t have accomplished improving our workplace strategy around COVID-19 to help protect our members without the support of my great team at our local. I have always believed that working together means we can get through anything — we will come out of this stronger than ever!” Johnny Walker Johnny Walker, legislative representative for Local 610 and secretary of the Maryland State Legislative Board, has been using his experience in the military and as a railroader to help pull people in his neighborhood and at his workplace together to cope with the stresses posed by the pandemic. Walker wrote a guest column published on the SMART-TD website talking about how members will be essential in guiding the country through this challenge. Sabol New Jersey State Legislative Director Ron Sabol also has been working closely with the state AFL-CIO to distribute information to members, especially members employed by New Jersey Transit, which has been particularly hard-hit by the pandemic. He praised the efforts of General Chairperson Jerome Johnson (New Jersey Transit conductors) of Local 60 in Newark, as doing an exemplary job in keeping things moving in this time of crisis, as are other NJT members. “He has been doing everything he possibly can to protect his members and the riding public. After all, NJT operates in and out of New York City,” Sabol said. “Our N.J. bus members as well have been dealing with fuller buses because of route cuts.” These examples, as well as other members’ efforts that haven’t yet been reported to us at news_TD@smart-union.org, are what’s going to keep the country moving and our fellow brothers and sisters healthy as we all work through the challenge of this pandemic. And don’t forget that there’s a form where members can report conditions not meeting CDC guidelines to prevent the spread of COVID-19. Union leadership is reviewing each and every submission and is working to get those problem areas resolved, but keep in mind it is impossible for your general chairperson or state legislative board to adequately respond if the situations are not reported. The more details we receive, the better chance we have of getting them corrected. “I read each and every one of these reports, and we all discuss it daily to ensure someone is following up with a corrective action plan,” said Transportation Division President Jeremy R. Ferguson. “Our general chairpersons are doing a fantastic job, and in many cases they are teamed up with our vice presidents in keeping the pressure on the carriers to get the unsanitary conditions and lack of supplies fixed. Our Legislative/Safety Department is following up on the national, state and local levels where needed to ensure members’ voices and concerns are being addressed.” Chief of Staff Jerry Gibson of the TD President’s Office encourages members to reach out to him at jgibson@smart-union.org for ideas on how SMART-TD members can help pull together resources to assist each other during the coronavirus outbreak. This includes branding supplies with SMART decals so that people know that the union is helping to provide the materials that otherwise would not be available.
WASHINGTON, DC – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today announced an interim enforcement response plan for the coronavirus pandemic. The response plan provides instructions and guidance to OSHA area offices and compliance safety and health officers (CSHOs) for handling coronavirus-related complaints, referrals and severe illness reports.
