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June 18, 2020 by Darya Minovi

The Climate Crisis and Heat Stress: Maryland Farms Must Adapt to Rising Temperatures

A blog post published last month by the Chesapeake Bay Program, a collaborative partnership focused on Bay restoration, addressed the many ways that the climate crisis will affect farms in the region. Data from the program shows temperatures on Maryland’s Lower Eastern Shore, home to a high concentration of industrial poultry farms, increased between 2 to 2.5 degrees Fahrenheit, on average, between 1901 and 2017. By 2080, temperatures in the Chesapeake Bay watershed are projected to increase by 4.5 to 10 degrees, posing a serious risk of heat stress to farmworkers and livestock.

As the post discusses, rising temperatures can hurt farms in several ways. Warmer temperatures make for a longer growing season, which may temporarily promote higher crop yields but can also stress water resources and result in additional fertilizer application, which is not what the doctor ordered for the Bay’s nutrient pollution problem. Increasing temperatures can also create an environment primed for new weeds and pests, threatening crops and creating a demand for still more hazardous pesticides. Heat stress may also disrupt bodily functions of livestock and make them more susceptible to disease.

Rising temperatures can also affect farmworkers themselves. Direct sunlight in expansive …

June 17, 2020 by Thomas McGarity
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Governments and industries are "reopening" the economy while COVID-19 continues to rage across the United States. At the same time, the lack of effective, enforceable workplace health and safety standards puts workers and the general public at heightened risk of contracting the deadly virus. In a new report from the Center for Progressive Reform, Sidney Shapiro, Michael Duff, and I examine the threats, highlight industries at greatest risk, and offer recommendations to federal and state governments to better protect workers and the public.

In many essential industries, the coronavirus risk is particularly acute because of the nature of the work and of the workplaces in which it is conducted. The lack of enforceable, pandemic-specific protections for workers and the hodgepodge of industry responses heighten this danger to workers. Industries affected range from health care to meatpacking, transportation to warehousing.

Heaping injustice on top of danger, coronavirus-related hazards …

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 James Goodwin
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It is now beyond debate – or at least it should be – that we, the people of the United States, have been failed by the Trump administration and its conservative apologists in Congress in their response to the COVID-19 pandemic. They failed to put in place mechanisms for systematic testing and contact tracing. They failed to coordinate the efficient acquisition of essential medical equipment such as ventilators and personal protective equipment. They failed to provide for an orderly phase-down of non-essential economic activity. They failed to establish clear, enforceable safety standards protect consumers, workers, and their families engaged in essential economic activity. This stopped being a public health crisis a long time ago. The pandemic is now more fairly characterized as a crisis of government.

Fortunately, our democracy has a crucial safety valve that stands ever ready to kick in when our representatives fail to protect us: the …

May 21, 2020 by Michael C. Duff
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A recent, interesting lawsuit filed against McDonald's, in Cook County, Illinois, suffers from few of the deficiencies that I have identified in prior postings about public nuisance cases related to COVID-19 (see here and here). The named employee-plaintiffs allege "negligence" in what might look at first blush like a drop-dead workers' compensation case. This time, however, there is a wrinkle: The negligence action is pursued against both franchisor-McDonalds (McDonald's USA) and certain of McDonald's franchise restaurants (McDonald's Restaurant of Illinois, Inc., Lexi Management LLC, and DAK4, LLC). One may be the employer (subject to workers' compensation liability), and the others may not (and therefore be liable in tort). Because you cannot know in advance how the question will come out, you allege negligence with respect to each defendant. This is perfectly sensible.

It will be politically …

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 …

May 14, 2020 by Michael C. Duff
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Listening in on Tuesday's Senate Hearing on Corporate Liability During the Coronavirus Pandemic – you can find the video here and do a text search for "workers' compensation" – I was especially pleased to hear workers' compensation immunity discussed at 1:14:20 to about 1:14:50. Sen. Sheldon Whitehouse of Rhode Island specifically asked whether blanket corporate immunity would constitute subsidization of workers' compensation insurers. Witness Professor David Vladeck of Georgetown University Law Center responded that it very well could if workers' compensation were not carved out of the bill. I did not hear anyone contend during the hearing that workers' compensation could not be part of an immunity blanket, which is food for thought.

Coincidentally, I had been reading in The Atlantic as the Senate hearing was commencing an exceptionally good and sobering account of …

May 13, 2020 by Daniel Farber
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Originally published on Legal Planet. Reprinted with permission.

Sen. Mitch McConnell is demanding that any future coronavirus relief law provide a litigation shield for businesses, and other conservative and business interests have made similar proposals. So far, the supporters of these proposals have engaged in some dramatic handwaving but haven't begun to make a reasoned argument in support of a litigation shield.

In this post, I'm going to limit myself to negligence suits against businesses. Basically, these lawsuits claim the plaintiff got the virus due to the failure of a business to take reasonable safety precautions.

Even without a business shield, these are not going to be easy cases to win. Plaintiffs will have to show that they were exposed to the virus due to the defendant's business operation, that better precautions would have prevented the exposure, and that they weren't exposed elsewhere.

Tort lawyers may be …

May 12, 2020 by James Goodwin
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Yesterday, a group of 20 Center for Progressive Reform (CPR) Board Members, Member Scholars, and staff joined a letter to House and Senate leaders calling on them to reject efforts to attach to future COVID-19 pandemic-related legislation provisions that would interfere with the ability of workers, consumers, and members of their families to hold businesses accountable when their unreasonably dangerous actions have caused workers or consumers to contract the virus. Instead, as the letter urges, lawmakers should ensure that our courthouse doors remain open to all Americans to pursue any meritorious civil justice claims for injuries they suffer arising from companies' failure to guard against the spread of the coronavirus.

The letter comes as the Senate Judiciary Committee is set to hold a hearing this afternoon on the topic of “Examining Liability During the COVID-19 Pandemic.” Insulating corporations against public accountability through the courts has long been …

May 8, 2020 by Matthew Freeman
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In the latest episode of CPR Board President Rob Verchick's Connect the Dots podcast, he and CPR Member Scholars Michael Duff and Thomas McGarity explore worker safety issues in the era of the coronavirus.

McGarity begins the conversation with the story of Annie Grant, a 15-year veteran of the packing line at a Tyson Food poultry processing plant in Camilla, Georgia. One morning in late March, weeks after the nation had awakened to the danger of the coronavirus and states had begun locking down, she felt feverish. When her children urged her to stay home rather than work with a fever on the chilled poultry line, she told them that the company insisted that she continue to work. Furthermore, Tyson was offering a $500 bonus to employees if they worked for three months without missing a day. So, she went in to work, where she labored shoulder-to-shoulder …

CPR HOMEPAGE
More on CPR's Work & Scholars.
June 18, 2020

The Climate Crisis and Heat Stress: Maryland Farms Must Adapt to Rising Temperatures

June 17, 2020

OSHA, Other Agencies Need to Step Up on COVID-19, Future Pandemics

June 11, 2020

Court Order Okays OSHA Inaction on COVID-19

June 1, 2020

COVID-19 Shows Why We Need to Re-Empower People Through the Civil Courts

May 21, 2020

Another Public Nuisance COVID Suit: Why is the McDonald's Case Different?

May 19, 2020

Testimony: Here's How OSHA Can Improve Its Whistleblower Protection Program

May 14, 2020

The Stimulus 'Liability' Debate: Don't Forget Texas Elective Workers' Compensation