Using the OSHA Emergency Temporary Standard for COVID-19 to Protect Healthcare Workers: Writing Complaints and Preparing for an Inspection
AFT members are facing unsafe working conditions because of COVID-19 and as a result of very poor staffing. Filing a complaint with the Occupational Safety and Health Administration is one thing that local unions can do to force improvements in their workplaces. This guidance can help you determine whether the employer has complied with the requirements of the Emergency Temporary Standard (ETS) for COVID-19. The complete standard is here: COVID-19 Healthcare ETS | Occupational Safety and Health Administration (osha.gov).
OSHA can also investigate employers for violations of other standards and for safety problems the staffing crisis has exacerbated. OSHA cannot cite the employer for poor staffing, but an OSHA investigation and potential citation will force the employer to address safety failures.
The ETS can also be used as a floor for bargaining. See AFT resources on the COVID-19 coronavirus | American Federation of Teachers and OSHA Emergency Temporary Standard Webinar | AFT eLearning or AFT Nurses and Health Professionals Community | AFT eLearning for more information on bargaining for stronger protections.
(2021)