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WASHINGTON, D.C. – The U.S Department of Labor’s Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion or reductions in pay or hours.

“Employees have the right to safe and healthy workplaces,” said Principal Deputy Assistant Secretary Loren Sweatt. “Any worker who believes that their employer is retaliating against them for reporting unsafe working conditions should contact OSHA immediately.”

Workers have the right to file a whistleblower complaint online with OSHA (or 1-800-321-OSHA) if they believe their employer has retaliated against them for exercising their rights under the whistleblower protection laws enforced by the agency.

OSHA’s Whistleblower Protection Program webpage provides valuable resources on worker rights, including fact sheets on whistleblower protections for employees in various industries and frequently asked questions.

OSHA enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, healthcare reform, nuclear, pipeline, public transportation agency, railroad, maritime, securities and tax laws. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Louisiana State Legislative Director Chris Christianson reports that legislators in his state have introduced a two-person crew bill – HB-776 – March 31 in the state House of Representatives. The bill, as currently written, requires two persons on all freight trains with the exception of hostler service or utility employees.
The bill also provides for penalties if carriers choose to violate the bill after it becomes law. For a first offense, carriers will be charged a minimum of $500, but not more than $1,000. A second offense increases the minimum to $1,000, but not more than $5,000 when the second offense is committed within a three-year period. For three or more violations, the bill provides for a minimum penalty of $5,000, but not more than $10,000 per offense within a three-year period.
The Louisiana Legislature has been adjourned until further notice due to the COVID-19 pandemic.
“We have a tough road ahead of us getting it passed with everything that is going on with COVID-19, but we are not going to give up,” Christianson said. “Right now, getting it moving in the Legislature will depend on how much time we have when the Legislature reconvenes.”
Click here to read HB-776.

As more people are being diagnosed with COVID-19 or coronavirus, it is important to know who you have come into contact with on a daily basis. State health departments, employers and the infected themselves have been having a difficult time in determining and/or remembering who the infected person may have come into contact with in trying to trace possible infection vectors.
The Bailey Yard in Nebraska was one of the first railroad yards hit with the virus. As the first patient was identified and put into isolation along with other railroad employees who had come into contact with the patient, one thing became clear: not everyone who had come into contact with the infected person had been identified. As a second person was identified as having the virus, the same problem occurred.
“As vice local chairperson, I was getting calls from employees wondering why they weren’t notified as they had been in contact with one or the other of the positive people. I didn’t have an answer, and we discovered that the positive person bears the burden of knowing who they had been around and are asked this days after they’d been in isolation,” said Amanda Snide of SMART Transportation Division Local 200 in North Platte, Neb.
“We potentially come in contact with so many people during our shifts that it can be hard to keep track of who you were with on what days,” she said. “I have been sharing that I am personally keeping track of whom I’ve been in contact with during my shift. During interactions with other employees I explain why I’m writing their names down and encouraging others to do so.
“Whenever someone new calls to be assisted in the process of being taken out of service as they aren’t feeling well, I tell them to start making a list of who they have been around both at work and outside of work. For someone to have been in contact with a sick person, only to find out days after everyone else is pulled from service, would be a sickening feeling that you potentially spread this unknowingly.”
By taking Snide’s advice in writing down names and contact information, we can be sure that we know exactly whom we’ve been in contact with should the worst occur and then can more easily identify others who have come into contact with the virus.
Snide says that in addition to writing down names and contact information, she also takes steps to keep her family safe. Her work boots stay outside, and she doesn’t touch anything in her home until her work clothes are in the washing machine and she’s showered.
As COVID-19 has infiltrated the bus and rail industries, it’s important that members do their best to try to mitigate its spread. As Snide has suggested, we are recommending that all of our members write down who they have come into contact with each day and keep that list for at least a month. Doing so will help identify who may have been exposed if you come down with the virus.
We need to work together to keep ourselves and our union brothers and sisters safe. Another way is by reporting how your carrier is adhering to Centers for Disease Control and Prevention (CDC) protocols.
COVID-19 has hit the transit industry hard with hundreds of cases among passengers and workers alike reported through the media. Only a few cases have been reported on freight carriers thus far, but knowing the conditions that have been reported to the union and the delay by federal agencies to take action, the freight industry could be harder hit. The bus industry has started to report cases as well with Santa Monica’s Big Blue Bus just reporting two cases among their bus operators.
Please see this guide produced by OSHA on how to keep yourself and your co-workers safe, and be careful out there!

The Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, signed into law March 27, boosts unemployment and sickness benefits for railroad workers impacted by the pandemic.
Under the CARES Act, the 1-week waiting period required before railroad workers can receive unemployment or sickness benefits is temporarily eliminated. This applies to an employee’s first two-week registration period for a period of continuing sickness or unemployment beginning after the effective date of the law and ending on or before December 31, 2020.
In addition, the amount of the unemployment benefit is increased by $1,200 per 2-week period. This is in addition to the current biweekly maximum of $733.98 received by most claimants. This increased amount applies to any two-week registration periods beginning on or after April 1, 2020, through July 31, 2020.
The CARES Act includes a separate appropriation of $425 million to pay for this added “recovery benefit,” with an additional $50 million provided to cover the cost of eliminating the waiting period. If these funds are exhausted, the new provisions will no longer apply.
The CARES Act also authorizes payment of extended unemployment benefits to rail workers who received unemployment benefits from July 1, 2019, to June 30, 2020.
Under the legislation, railroad workers with fewer than 10 years of service may be eligible for up to 65 days of extended benefits within seven consecutive two-week registration periods. Workers with 10 or more years of railroad service who were previously eligible for up to 65 days in extended benefits may now receive benefits for up to 130 days within 13 consecutive two-week registration periods.
Since RRB offices are currently closed to the public due to the COVID-19 pandemic, railroad employees are encouraged to file for unemployment benefits online by establishing an account through myRRB at RRB.gov. Employees are encouraged to use a computer rather than a smartphone or tablet due to RRB IT system limitations. Otherwise, applications and claims for benefits will need to be submitted by regular mail. Applications for sickness benefits must be submitted to the agency by mail, or by fax at 312-751-7185. Subsequent claims may be completed online by those with myRRB accounts.
The RRB will also pay sickness benefits and, in some cases, unemployment benefits, to rail workers who have tested positive for COVID-19 or who are subject to a quarantine order. Further guidance on these types of situations is available at RRB.gov/Benefits/Coronavirus.

Due to the ongoing disruptions caused by the coronavirus (COVID-19), the Department of Labor’s Office of Labor-Management Standards (OLMS) updates its March 17, 2020, advisory concerning Title II of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).
Unions, employers, and labor relations consultants wishing to take advantage of this enforcement policy do not need to contact OLMS before the report is due, providing the requested information. Rather, OLMS will not pursue a civil enforcement action with regard to a delinquent or deficient report when these reporting violations are attributable to COVID-19 and the reporting deadline was prior to June 30, 2020. Any such reports must be filed by June 30, 2020, absent further notice from OLMS.

Related story:

DOL OLMS issues release concerning union elections and mandatory LM reporting amid COVID-19

This guidance document provides clarity to DOT-regulated employers, employees, and service agents on conducting DOT drug-and-alcohol testing given concerns about the Coronavirus Disease 2019 (COVID-19). We, as a nation, are facing an unprecedented public health emergency that is straining medical resources and altering aspects of American life, including the workplace. The nation’s transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19.
DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and efficiently during this period of national emergency.
The below guidance on compliance with the DOT and modal drug and alcohol testing programs apply during this period of national emergency.
For DOT-regulated employers:

  • As a DOT-regulated employer, you must comply with applicable DOT training and testing requirements.[2] However, DOT recognizes that compliance may not be possible in certain areas due to the unavailability of program resources, such as collection sites, Breath Alcohol Technicians (BAT), Medical Review Officers (MRO) and Substance Abuse Professionals (SAP). You should make a reasonable effort to locate the necessary resources. As a best practice at this time, employers should consider mobile collection services for required testing if the fixed-site collection facilities are not available.[3]
  • If you are unable to conduct DOT drug or alcohol training or testing due to COVID-19-related supply shortages, facility closures, state or locally imposed quarantine requirements, or other impediments, you are to continue to comply with existing applicable DOT agency requirements to document why a test was not completed. If training or testing can be conducted later (e.g., supervisor reasonable suspicion training at the next available opportunity, random testing later in the selection period, follow-up testing later in the month), you are to do so in accordance with applicable modal regulations. Links to the modal regulations and their respective web pages can be found at https://www.transportation.gov/odapc/agencies.
  • If employers are unable to conduct DOT drug and alcohol testing due to the unavailability of testing resources, the underlying modal regulations continue to apply. For example, without a “negative” pre-employment drug test result, an employer may not permit a prospective or current employee to perform any DOT safety-sensitive functions, or in the case of the Federal Aviation Administration (FAA), you cannot hire the individual (See 14 CFR § 120.109(1) and (2)).
  • Additionally, DOT is aware that some employees have expressed concern about potential public health risks associated with the collection and testing process in the current environment. Employers should review the applicable DOT Agency requirements for testing to determine whether flexibilities allow for collection and testing at a later date.
  • As a reminder, it is the employer’s responsibility to evaluate the circumstances of the employee’s refusal to test and determine whether or not the employee’s actions should be considered a refusal as per 49 CFR § 40.355(i). However, as the COVID-19 outbreak poses a novel public health risk, DOT asks employers to be sensitive to employees who indicate they are not comfortable or are afraid to go to clinics or collection sites. DOT asks employers to verify with the clinic or collection site that it has taken the necessary precautions to minimize the risk of exposure to COVID-19.
  • Employers should revisit back-up plans to ensure the plans are current and effective for the current outbreak conditions. For example, these plans should include availability of collectors and collection sites and BAT, and alternate/back-up MRO, as these may have changed as a result of the national emergency. Employers should also have regular communications with service agents regarding the service agent’s availability and capability to support your DOT drug and alcohol testing program.

For DOT-regulated employees:

  • If you are experiencing COVID-19-related symptoms, you should contact your medical provider and, if necessary, let your employer know about your availability to perform work.
  • If you have COVID-19-related concerns about testing, you should discuss them with your employer.
  • As a reminder, it is the employer’s responsibility to evaluate the circumstances of the employee’s refusal to test and determine whether or not the employee’s actions should be considered a refusal as per 49 CFR § 40.355(i).

For service agents:

  • As a collector, BAT, laboratory, MRO, or SAP, you should continue to provide services to DOT-regulated employers if it is possible to do so in accordance with state or local mandates related to COVID-19. Should you have concerns about COVID-19 when testing or interacting with employees, please follow your company policy, directions from state and local officials, and guidance from the Centers for Disease Control and Prevention (CDC).

You are encouraged to continue to monitor guidance from public health officials and to refer to official government channels for additional information related to COVID-19. The CDC provides helpful guidance and insight from medical professionals who closely monitor the virus. The CDC latest updates (https://www.cdc.gov/coronavirus/2019-ncov/index.html). Also for reference, the Occupational Safety and Health Administration has released guidance on preparing workplaces for COVID-19 (https://www.osha.gov/Publications/OSHA3990.pdf).
 

[1] This guidance document does not have the force and effect of law and is not meant to bind the public in anyway. This guidance is intended only to provide clarity regarding existing requirements under the law.
[2]How to conduct testing is found in 49 CFR Part 40 (see https://www.transportation.gov/odapc/part40), while who gets tested and when (along with drug and alcohol-related training requirements) can be found in the applicable DOT modal regulations (see https://www.transportation.gov/odapc/agencies).
[3]As a reminder, point-of-collection testing or instant tests are not authorized in DOT drug testing (see https://www.transportation.gov/odapc/part40/40-210).

Bragg

The purpose of this notice is to update you on how COVID-19 is impacting operations at the Railroad Retirement Board (RRB). Be assured, while it is not business as usual, the agency remains open for business. Listed below are some of the more notable changes. Last week, my office sent a press release to rail labor on some of these topics. Hopefully this message will include more detailed information for you and your members.

Field Service Operations:

Last week, my office sent a press release to rail labor advising that field offices are closed to the public. Whenever possible, agency personnel, including field personnel, are working from home. Unfortunately, we expect delays with processing incoming work because as you know, much of our work is not automated. We receive applications and claims for both unemployment and sickness by mail and by fax. Because of safety concerns surrounding COVID-19, staff is only going into the office or to the post office on Tuesdays and Thursdays.

Self-Service Options:

Because of our concern regarding the delay in processing paper applications and claims, we are encouraging railroaders to set up myRRB.gov accounts on the RRB.gov website. I have attached information about all the services available through that account. Please feel free to share with your memberships. With that account, an employee can file for and submit claims for unemployment. A railroader can also submit sickness claims, though not the initial application. Usually, an initial sickness application is either mailed or faxed in from the employee’s doctor’s office to the agency at (312) 751-7185. If an employee is unable to do that or if delays persist, please contact my office at (312) 751-4905 and my staff will assist you in any way they can.

Benefit Payments:

We have received questions regarding the continuation of retirement and disability benefits. Fortunately,  that is overall an automated process and we do not expect any delays in paying those already established benefits. In addition, our actuary has assured us that the rail trust funds are well-positioned to pay all retirement, survivor, unemployment and sickness benefits. We are actively addressing questions regarding benefits payable under the RUIA and special circumstances raised by COVID-19.

Legislative Changes:

Related to legislative changes, there have been congressional proposals to remove sequestration from unemployment and sickness benefits; waive the statutory 7-day waiting period for unemployment and sickness benefits; increase the amount of unemployment benefits; and extend the duration of unemployment benefits. There have also been proposals to increase the RRB’s administrative budget in order to account for increased costs related to COVID-19. My staff, along with the agency’s Office of Legislative Affairs and other agency subject matter experts, have worked with congressional staffers as well as your unions to convey the information needed in order for the legislation to move forward.

These are trying times and the agency is doing its best to continue to pay the right people, the right benefits, at the right time. Things are changing quickly and I will update you in the future as the RRB makes adjustments. In the meantime, if you have any questions or problems, I and my staff are always available to assist.

Union Pacific has announced that a 50-year-old man that works in UP’s Bailey Yard in North Platte, Neb., has tested positive for COVID-19. The employee and a number of co-workers who came into contact with him are currently quarantined at home.
It’s suspected that the man got the virus while traveling to California and vacationing on a cruise ship. UP reports that the man’s work areas have been disinfected and sanitized.
“It’s unfathomable that rail carriers have not yet implemented all CDC guidelines regarding sanitation and COVID-19 prevention efforts from the outset,” SMART Transportation Division President Jeremy Ferguson said. “We are making every effort during this Federal Railroad Administration-declared emergency to get our membership and rail workers the protections they need.”
The man’s name has not been released.
Click here to read more from The North Platte Telegraph or from NBC Nebraska.

Advisory on Union Officer Elections and Public Disclosure Reporting in Areas Affected by the Coronavirus (COVID-19)
Due to the Coronavirus (COVID-19), the Department of Labor’s Office of Labor-Management Standards (OLMS) issues this advisory regarding the labor union officer election requirements under Title IV and the reporting requirements of Title II of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). OLMS recognizes that due to the disruption caused by COVID-19, it may be difficult or impossible for some unions to conduct timely union officer elections. Similar difficulties may confront unions, labor relations consultants, and employers faced with public disclosure filing requirements. OLMS issues this advisory for those unions, employers, or labor relations consultants affected by COVID-19.
Elections: The LMRDA requires that all national and international labor unions elect their officers not less often than every five years. Officers of intermediate bodies, such as general committees, system boards, joint boards, joint councils, conferences, and certain districts, district councils and similar organizations, must be elected at least every four years, and officers of local labor unions not less often than every three years. See the OLMS Electing Union Officers publication for further information.
Labor unions affected by COVID-19 must still make a good faith effort to conduct officer elections within LMRDA timeframes. OLMS has jurisdiction to file a civil enforcement action concerning a failure to hold a timely election after receipt of a complaint from a union member who has first sought a remedy from his or her union. If OLMS receives a complaint from a union member solely regarding a union’s failure to hold an election within the LMRDA timeframes, but the election has been completed prior to OLMS receipt of the complaint, then OLMS will take no enforcement action. If OLMS receives a complaint regarding a union’s ongoing failure to hold an election, and that failure was attributable to COVID-19, OLMS will promptly seek a voluntary compliance agreement with the union. The agreement would require the union to hold the election when practicable on a date certain. With such an agreement, OLMS will not seek a civil enforcement action based on the complaint, provided the election is held in conformance with the agreement.
Public Disclosure Reports (LM reports): Labor unions, labor relations consultants, and employers affected by COVID-19 must make a good faith effort to file required public disclosure reports. The failure to file a timely and complete report is an ongoing violation of the LMRDA. OLMS has jurisdiction to file a civil enforcement action concerning a failure to meet reporting requirements. OLMS will not, however, pursue a civil enforcement action with regard to a delinquent or deficient report when these reporting violations are attributable to COVID-19. Unions, employers, and labor relations consultants wishing to take advantage of this enforcement policy should contact OLMS before the report is due, describe the circumstances necessitating additional time, and provide a date certain by which the report can reasonably be submitted. Under these circumstances, OLMS will not lodge a civil enforcement action to obtain the delinquent or deficient report. Unless an extension is granted, LM reports are due by March 31, 2020.

The Social Security Administration announced in a press release that effective Tuesday, March 17, 2020, all local offices will be closed to the public. Below is the release.
All local Social Security offices will be closed to the public for in-person service starting Tuesday, March 17, 2020.  This decision protects the population we serve — older Americans and people with underlying medical conditions — and our employees during the Coronavirus (COVID-19) pandemic.  However, we are still able to provide critical services. 
Our secure and convenient online services remain available at www.socialsecurity.gov.  Local offices will also continue to provide critical services over the phone. We are working closely with the Centers for Disease Control and Prevention (CDC), state and local governments, and other experts to monitor COVID-19 and will let you know as soon as we can resume in-person service.
If you need help from Social Security:

  • First, please use our secure and convenient online services available at www.socialsecurity.gov/onlineservices. You can apply for retirement, disability, and Medicare benefits online, check the status of an application or appeal, request a replacement Social Security card (in most areas), print a benefit verification letter, and much more – from anywhere and from any of your devices. We also have a wealth of information to answer most of your Social Security questions online, without having to speak with a Social Security representative in person or by phone. Please visit our online Frequently Asked Questions at www.socialsecurity.gov/ask.
  • If you cannot conduct your Social Security business online, please check our online field office locator for specific information about how to directly contact your local office. Your local office still will be able to provide critical services to help you apply for benefits, answer your questions and provide other services over the phone.
  • If you already have an in-office appointment scheduled, we will call you to handle your appointment over the phone instead. If you have a hearing scheduled, we will call you to discuss alternatives for continuing with your hearing, including offering a telephonic hearing. Our call may come from a PRIVATE number and not from a U.S. Government phone. Please remember that our employees will not threaten you or ask for any form of payment.
  • If you cannot complete your Social Security business online, please call our National 800 Number at 1-800-772-1213 (TTY 1-800-325-0778). Our National 800 Number has many automated service options you can use without waiting to speak with a telephone representative. A list of automated telephone services is available online at www.socialsecurity.gov/agency/contact/phone.html.

For more information, please visit https://www.ssa.gov/news/press/releases/.