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Having a union means we have rights that we can use to fight for a healthy workplace. Since the COVID-19 pandemic started, thousands of SEIU 521 members have taken collective action to make sure their workplaces are safe for employees and for the public they serve. 

With the recent surge in COVID-19 cases, we’ve seen more and more cases of workers who’ve been infected. When this happens, it is critical that the employer follows all the necessary procedures. Some have not done so. This toolkit gives leaders the tools they need to fight to make sure that their workplace is safe. It also highlights the proactive steps which employers are supposed to take to prepare and protect their worksite. We should be making sure that BOTH sets of procedures are followed:

  • IMMEDIATE ACTION whenever an employee is diagnosed with COVID-19
  • FULL COMPLIANCE with requirements for workplace-specific prevention plans including PPE, cleaning, etc.

  1. ALL employees who were possibly exposed are to be NOTIFIED immediately
  2. ALL work areas where infected employees worked are to be evacuated, closed off, ventilated, and disinfected for at least 24 hours before any employees return to work in them
  3. Employees who’ve had close contact and have no symptoms should be checked daily for fever and be masked during the quarantine period and sent home if any symptoms occur. (A close contact is someone who spent 15 minutes or more within 6 feet of an individual with COVID-19 infection during their infectious period, which includes, at a minimum, the 48 hours before the individual developed symptoms.)

Official document issued by the California Department of Public Health: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Workplace-Outbreak-Employer-Guidance.aspx

In the section entitled “Notification and Management of Employees” it states:

  1. Employers must maintain the confidentiality of employees with suspected or confirmed COVID-19 infection when communicating with other employees.
  2. Employers should notify all employees who were potentially exposed to individuals with COVID-19. Employers should provide any healthcare consultations needed to advise workers regarding their exposure, which may be especially important for those with high-risk medical conditions (e.g., immune compromise or pregnancy).
  3. Close contacts of cases should be given instructions on home quarantine and symptom monitoring and COVID-19 testing as described in step #4.
  4. Provide any employees who are sent home before or during a shift with information about what to expect after they are sent home (e.g., instructions about testing, sick leave rights under federal, state, and local laws and company policies, return-to-work requirements, etc.).

Additionally, the Federal Centers for Disease Control (CDC) recommendations state the following for the “Cleaning and Disinfection After Persons Suspected/Confirmed to Have COVID-19 Have Been in the Facility:” 

  1. Close off areas visited by the ill persons. Open outside doors and windows and use ventilating fans to increase air circulation in the area. Wait 24 hours or as long as practical before beginning cleaning and disinfection.
  2. Cleaning staff should clean and disinfect all areas such as offices, bathrooms, common areas, shared electronic equipment (like tablets, touch screens, keyboards, remote controls, and ATM machines) used by the ill persons, focusing especially on frequently touched surfaces.

Source: https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html

PRINT OUT BOTH DOCUMENTS SO WORKERS CAN PRESENT THEM TO MANAGEMENT OR WORKERS CAN EMAIL THE LINKS ABOVE TO MANAGEMENT.   

IF MANAGEMENT DOES NOT COMPLY,  WORKERS CAN CALL CAL-OSHA AND MAKE A COMPLAINT.  GET THE LOCAL PHONE NUMBER FOR CAL-OSHA (ENTER THE WORK ZIP CODE):  https://www.dir.ca.gov/dosh/Complaint.htm

THE MORE WORKERS SEND EMAILS OR FILE COMPLAINTS, THE MORE SERIOUSLY MANAGEMENT WILL TAKE THIS ISSUE.

  • Get a copy of the Workplace Specific Plan for your work-site from your employer.  The employer is required to give you a copy.  If they don’t have one, demand that they sit down with workers to create one using the official checklist from the State of California.  (https://files.covid19.ca.gov/pdf/checklist-office-workspaces.pdf). If they have one, review it to make sure it covers the key points AND that all workers are aware.
  • Establish or re-start regular labor-management safety meetings to improve protocols, report regularly to employees, so that workers have a permanent voice in monitoring safety and well-being.
  • Whenever there has been an infected employee or client, demand confirmation that the worksite has been properly disinfected.
  • Employees who test positive as a result of negligent failure to inform them should be instructed to file for workers’ compensation and receive no challenge to their claim from the employer.
  • Emergency Paid Sick Leave (EPSL) should be offered to any employee who meets the qualifications for the FFCRA (Families First Coronavirus Response Act), including, “been advised by a health care provider to self-quarantine related,” and “is seeking a medical diagnosis”
  • Employees who do not qualify for, or have already used EPSL should be offered paid administrative leave if they are unable to telework while seeking care or testing.
  • Employers must pay for the test and for the time spent getting tested.

File an Information Request (See SAMPLE in the “Filing an Information Request” section below.)

  • Email/call elected officials.
  • Demand that CAO/City Manager/decision-maker comes to their worksite to do a walkthrough.
  • Workers can appeal to and notify the county Public Health Officer.   

As union employees, the employer is required to provide us with information about health and safety and other workplace issues when we request it as a union.

Here is the language for a request that should be filed if there are concerns about exposure to COVID-19 from a co-worker or client at a worksite.  NOTE: You will need to specify the name of the worksite.

SAMPLE

Dear __________________,

On behalf of SEIU Local 521, we are requesting the following information in order to properly represent employees at [employer name/location].

Due to the urgent nature of this situation, we are requesting the following necessary and relevant information be provided within 24 hours of receipt of this letter:

  1. CA Statewide Guidance requires that “Before reopening, all facilities must… create a site-specific protection plan.” We request that you provide a copy of this site-specific protection plan for [worksite location].
  2. CA Statewide Guidance also requires that “before reopening, all facilities must… put disinfection protocols in place.” We request that you provide a copy of such disinfection protocols for [worksite location].
  3. A copy of the OSHA Form 300 Log of Work-Related Injuries and Illnesses for the period of March 1, 2020, to present.
  4. Please indicate any dates during the period of March 1, 2020, to present in which an employee at [worksite location] reported that they tested positive for COVID-19, and any dates in which they continued to appear at work following their reporting of testing positive for COVID-19.
  5. Provide a list of all SEIU 521 represented employees who have been physically working at [building location] since the 20 days prior to the earliest date listed in item #4 above. This includes employees who may work in a separate department from where the exposure occurred, but who share access to common areas in the building, such as bathrooms, break rooms, cafeteria, etc. This excludes employees who normally are assigned to work at this location, but who have been working remotely.
  6. Provide a list of all SEIU 521 represented employees who have been notified of this possible exposure.
  7. Provide a copy of any and all communications sent to SEIU 521 represented employees notifying them of this possible exposure.

Please provide all information immediately.
If some information is not available at this time, please submit what can be provided now within 24 hours and indicate a date when we can expect the rest of the requested information.

For more information or questions, contact the SEIU 521 COVID-19 Member Hotline: (844) 754-9521