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Feb. 9, 2021 by Katie Tracy

It's Time to Give Workers Power to Enforce OSH Act

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When the Occupational Safety and Health (OSH) Act was enacted 50 years ago, it was hailed as critical legislation that would make workplaces safer and healthier for all. Thanks to this law, the Occupational Safety and Health Administration (OSHA) has made great strides toward protecting worker health and safety. Unfortunately, the law didn't go far enough then — and it doesn't go nearly far enough now.

The law, essentially unchanged since its enactment in 1970, has not kept up with the growing scale and changing nature of work in the 21st century. Rather, due to limited resources and authority and, at times, lack of political will, the agency has failed to address numerous well-known workplace hazards or emerging ones, like COVID-19, climate hazards, and artificial intelligence.

One of the biggest gaps in the law is that it authorizes OSHA alone to enforce the statute. Thus, if workers are exposed to toxic substances like liquid nitrogen, forced to work on dangerous machines, or not provided personal protective equipment (PPE), they must rely on OSHA and its state counterparts to enforce the law. Workers may submit a complaint to the agency alerting it …

Feb. 3, 2021 by Katie Tracy
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Since taking office, President Joe Biden has signaled a new openness to the concerns of our nation’s workers — and we at CPR are joining our allies today in calling on his administration to go much further to make workplace safety a top priority.

Biden’s early actions are auspicious. In his first days in office, Biden appointed qualified leaders to key labor posts and signed several executive orders to improve working conditions. Among those orders is one that directs the Occupational Safety and Health Administration (OSHA) to issue improved guidance to employers on protecting workers and to determine whether to issue an emergency standard to prevent and mitigate exposure to COVID-19.

Biden also withdrew an effort by the Trump administration to accelerate processing speeds at poultry plants, which would have forced workers to work faster and more closely together on the factory floor — and put workers …

Jan. 27, 2021 by Katie Tracy, Katlyn Schmitt
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The Maryland General Assembly is kicking into full gear — and we at the Center for Progressive Reform are tracking bills that would protect the health and safety of Maryland workers in the food and farm sectors. These protections are urgently needed to protect these workers from COVID-19 infections and keep the public healthy and safe. The bills we're watching would:

  • Protect workers from disease

    Our nation's workers are going the extra mile to help us survive the pandemic. But Maryland isn't providing workers across the state with the protections they need to stay safe and healthy. Maryland lawmakers are considering legislation that would take a step in that direction. Del. Kriselda Valderrama (D) has introduced a bill (House Bill 124) that would require the state to adopt a temporary emergency standard to protect workers, including food and farm workers, from COVID-19. The bill would also …

Jan. 21, 2021 by Katie Tracy
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President Joe Biden has tapped three seasoned experts to jumpstart the Occupational Safety and Health Administration (OSHA), the federal government's main worker health and safety agency. Jim Frederick will serve as Deputy Assistant Secretary of OSHA and will head the agency until a permanent Assistant Secretary is confirmed. Frederick’s experience includes over two decades working for the United Steel Workers' health, safety, and environment department. In his latest role, Frederick served as the assistant director and principal investigator for the department. Biden has also named Chip Hughes, former director of the National Institute of Environmental Health Sciences Worker Education and Training Program, as Deputy Assistant Secretary for Pandemic and Emergency Response. This will be a crucial role in the weeks and months ahead. Ann Rosenthal will join the team as Senior Advisor. Rosenthal served as the Associate Solicitor for Occupational Safety and Health at the Department …

July 29, 2020 by Katie Tracy
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Workers presently have no right to bring a lawsuit against employers under the Occupational Safety and Health Act (OSH Act) for failing to provide safe and healthy working conditions. If an employer exposes workers to toxic chemicals or fails to guard a dangerous machine, for example, they must rely on the Occupational Safety and Health Administration (OSHA) to inspect, find a violation, and issue a citation. This omission in the 1970 statute is especially troubling in the context of COVID-19, as workers across the United States continue to face a massive workplace health crisis without any meaningful support from OSHA or most of its state and territorial counterparts.

OSHA has so far declined to adopt an emergency standard to address COVID-19, despite repeated calls by unions, workers, and advocates to do so. Moreover, rather than enforcing existing standards or holding employers accountable for violating their general duty …

June 19, 2020 by Katie Tracy
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Until this week, laws in a majority of U.S. states permitted some form of employment discrimination based on sexual orientation or gender identity. That was no oversight on the part of state legislatures or the U.S. Congress. It was instead the product of virulent right-wing opposition to the recognition of the fundamental rights of members of the LGBTQ+ community. Not only did they oppose laws to protect against discrimination, they raised untold millions of dollars over the years boasting about it and used anti-gay ballot initiatives as a tool to inflame passions and draw out arch-conservative voters.

On Monday, the law changed – dramatically, sweepingly, historically – when the U.S. Supreme Court made clear that in this respect the 1964 Civil Rights Act's anti-employment discrimination provisions mean exactly what they say. The Court's ruling in Bostock v. Clayton County, Georgia makes clear that it is illegal …

June 11, 2020 by Katie Tracy, Brian Gumm
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In a June 11 order, the D.C. Circuit Court of Appeals denied an AFL-CIO writ of mandamus asking the court to compel the Occupational Safety and Health Administration (OSHA) to do more to protect workers from infectious diseases, such as COVID-19. The order continues the dangerous status quo of workers laboring with no enforceable protections from the highly contagious and deadly virus.

On March 6, the AFL-CIO petitioned OSHA to develop an emergency temporary standard to address the significant hazards of COVID-19 infection in the workplace, followed by a permanent standard to continue safeguarding workers from infectious diseases. From health care, to meatpacking plants, to warehouses, and a variety of other workplaces, employers have not done nearly enough to protect workers from the pandemic. This has resulted in infections, deaths, and enormous economic damage. Despite the grave dangers COVID-19 poses to workers, their families, and their …

June 1, 2020 by Matt Shudtz, David Flores, Matthew Freeman, James Goodwin, Brian Gumm, Catherine Jones, Darya Minovi, Katlyn Schmitt, Katie Tracy, Robert Verchick, Robert Glicksman, Alice Kaswan, Thomas McGarity, Joel Mintz, Sidney Shapiro, Amy Sinden
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Staff and Board members of the Center for Progressive Reform (CPR) denounce the murder of George Floyd by Minneapolis police officer Derek Chauvin on Memorial Day. We stand with the peaceful protestors calling for radical, systemic reforms to root out racism from our society and all levels of our governing institutions and the policies they administer.

CPR Member Scholars and staff are dedicated to listening to and working alongside Black communities and non-Black people of color to call out racism and injustice and demand immediate and long-lasting change. Racism and bigotry cannot continue in the United States if our nation is to live up to its creed of life, liberty, and the pursuit of happiness for all.

CPR's vision is thriving communities and a resilient planet. That ideal animates all of our work, but systemic sources of inequality and injustice stand as massive barriers to the realization …

May 19, 2020 by Katie Tracy
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The Occupational Safety and Health Administration's (OSHA) Whistleblower Protection Program (WPP) plays a vital role in protecting workers from employers who cut corners on safety or who violate other federal laws: It protects those workers who report such abuses from retaliation, making it harder for employers to get away with breaking the law. Or at least that's how it's supposed to work. The 23 separate federal statutes the program encompasses cover a wide range of corporate wrongdoing, including violations of clean air and drinking water standards, food safety standards, workplace health and safety standards, and much more. If an employer retaliates against an employee for taking any of the actions covered by these laws, the employee may file a retaliation complaint with OSHA for investigation.

OSHA's WPP is critical for ensuring workers have safe and healthy workplaces where they can raise concerns without fear of retaliation. But …

April 27, 2020 by Katie Tracy
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Tomorrow, April 28, is Workers' Memorial Day, a day the labor movement established to mourn workers killed on the job and to renew the fight for the living. This year, as the coronavirus pandemic grinds on, taking its toll on workers and their families, we’re reminded more than ever of how critical it is to guarantee all workers the right to a safe and healthy workplace.

Even before COVID-19, a typical day in the United States saw 14 workers killed on the job – hardworking people who set out for work, never to return home. In 2018, 5,250 workers – one worker every 100 minutes – died on the job. Black and Latinx workers were hit hardest in 2018, with a 16 percent increase from 2017 in black worker deaths and a 6 percent increase in Latinx worker deaths. As in years past, tens of thousands of additional …

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More on CPR's Work & Scholars.
Feb. 9, 2021

It's Time to Give Workers Power to Enforce OSH Act

Feb. 3, 2021

CPR Joins Call for Biden Administration to Make Workplace Safety a Top Priority

Jan. 27, 2021

Maryland Weighs Legislation to Protect Food and Farm Workers Amid Pandemic

Jan. 21, 2021

Biden Tapped Frederick, Hughes, Rosenthal for OSHA’s Leadership Team. Here's How They Can Fix the Agency.

July 29, 2020

Empowering Workers to Sue Employers for Dangerous Working Conditions

June 19, 2020

Supreme Court Affirms Title VII Protections for LGBTQ+ Community

June 11, 2020

Court Order Okays OSHA Inaction on COVID-19