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Request a Demo Log In
Daily Labor Report ®
A worker wearing a protective mask puts on gloves inside a California shopping
mall on May 13, 2020.
Photographer: David Paul Morris/Bloomberg via Getty Images



COVID-19 COMPLAINTS TO OSHA SURGE AS RULES ARE STAYED, WITHDRAWN

By Bruce Rolfsen

Jan. 21, 2022, 4:16 PM
 * Complaints, referrals up threefold since omicron emergence
 * Retail, grocery stores accounted for 133 of January’s cases

Bloomberg Law News 2022-01-26T08:19:23487-05:00


COVID-19 COMPLAINTS TO OSHA SURGE AS RULES ARE STAYED, WITHDRAWN

By Bruce Rolfsen 2022-01-21T11:16:50000-05:00
 *  Complaints, referrals up threefold since omicron emergence
 *  Retail, grocery stores accounted for 133 of January’s cases

The rise of the omicron Covid-19 variant has led to a threefold increase in
worker complaints and referrals to OSHA from other agencies.

Those increases come at the same time the U.S. Supreme Court on Jan. 13 halted
enforcement of the Occupational Safety and Health Administration’s shot-or-test
mandate for large employers and the agency’s Dec. 27 withdrawal of its
health-care Covid-19 emergency temporary standard. The surge of Covid-19
infections and the lack of virus-specific rules to prevent infections has led to
calls for OSHA to boost enforcement using other laws and standards and to
reinstate the health-care measure.

OSHA had taken in 702 complaints and referrals for the new year as of Jan. 17,
according to the most recent available agency enforcement data. In November,
before the omicron outbreak, OSHA averaged about 70 weekly complaints and
referrals. Starting in mid-December, the number increased each week, with OSHA
receiving 233 complaints and referrals in the final week of December.

Retail and grocery stores accounted for 133 of January’s caseload, and there
were 115 complaints about health-care facilities. Concerns about restaurants led
to 81 filings with OSHA.

The complaint numbers roughly parallel the national rise in Covid-19 cases.

The seven-day average number for daily new cases in the U.S. as of Jan. 19 was
744,615, up 797% from 82,975 cases at the end of November, according to the
Centers for Disease Control and Prevention. The average peaked on Jan. 13 at
797,694.

The complaint and referral increase is also similar to what OSHA experienced in
summer 2021 when the delta variant was sweeping the country. During the first
week of August, OSHA received 109 complaints and referrals, more than a fivefold
increase over the 16 filed during the week ending June 20.

Complaints to OSHA peaked in summer 2020, when the agency was taking in an
average of about 310 complaints a week.




Complaints to OSHA
Bruce Rolfsen


UPTICK IN INSPECTIONS

Inspections have increased at a slower pace, in part due to the Christmas and
New Year’s Day holidays when inspections were less frequent.

OSHA averaged about 23 Covid-related inspections weekly in first three weeks of
December, according to agency numbers. But since the start of January, the
agency has opened 73 inspections, with 50 taking place from Jan. 10-17.

Worker advocates see growing Covid-19 numbers as evidence employers and OSHA
need to boost infection control efforts.

“Employers are not keeping workers safe and the complaint activity you cited
shows that workers are calling on the government, on OSHA, to help them,” said
Rebecca Reindel, director of safety and health for the AFL-CIO labor federation.
“They need their employers to provide mitigation measures, which are key to
preventing spread of the virus.”

OSHA declined an interview request to discuss the agency’s response to omicron
and how the variant had affected the agency’s ability to conduct in-person
inspections of work sites. Agency officials did provide a written response.

“OSHA has conducted inspections throughout the pandemic and will continue to use
on-site Covid-19 inspections, in most cases, and remote methods as needed to
reduce potential exposure to compliance safety officers and workers,” the
agency’s statement said. “Our goal is to investigate every complaint we receive,
and this enforcement approach ensures that we are using every available tool to
address unsafe workplaces.”

To contact the reporter on this story: Bruce Rolfsen in Washington at
BRolfsen@bloomberglaw.com

To contact the editor responsible for this story: Martha Mueller Neff at
mmuellerneff@bloomberglaw.com, Melissa B. Robinson at mrobinson@bloomberglaw.com

Bruce Rolfsen
Reporter


DOCUMENTS

OSHA vaccination, testing standard
OSHA withdrawn health-care standard
CDC data tracker

RELATED ARTICLES

Supreme Court Blocks Biden’s Shot-or-Test Rule for Workers (2)
Jan. 13, 2022, 9:13 PM
GE Halts, Honeywell Keeps Vaccine Policy After High Court Ruling
Jan. 14, 2022, 10:20 PM
Omicron Surge Gives Bosses Reason to Order Shots Biden Can’t (1)
Jan. 14, 2022, 2:18 PM
First Health-Care Worker Virus Rule Officially Ended by OSHA (2)
Dec. 28, 2021, 4:01 PM


TOPICS

 * coronavirus
 * workplace infectious disease exposure
 * safety inspection procedure




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