Senator Patty Murray's office issued the following:
CARES Act includes $15 million in funding to help DOL respond to coronavirus crisis and enforce worker protection laws
Murray, DeLauro urge
Secretary of Labor to ensure this money is used to issue a temporary
OSHA standard for coronavirus, implement new paid leave provisions, and
help states implement unemployment benefits
ICYMI: April 1 - Murray, DeLauro Urge DOL to Remove Loopholes for Employers from Paid Leave Guidance
Murray, DeLauro to Scalia:
“These workers deserve every protection our laws are intended to
provide and your commitment to making sure they are available”
(Washington, D.C.) – U.S.
Senator Patty Murray (D-WA), Ranking Member of Senate Appropriations
Subcommittee responsible for funding the Department of Labor, and
Congresswoman Rosa DeLauro (D-CT), Chair of the House Appropriations
Subcommittee responsible for funding the Department of Labor, urged
Secretary of Labor Eugene Scalia to use the $15 million provided for
the Department of Labor (DOL) in the CARES Act to protect and support
workers during the coronavirus crisis. Workers across the country are
facing health and safety risks as they continue to provide health care
and transportation, stock grocery stores, and carry out other essential
services. In a letter
to Secretary Scalia, the lawmakers urged DOL to ensure that these
workers can access the protections and benefits granted to them under
law, and issue an emergency standard to protect workers from exposure to
the coronavirus.
The CARES Act includes a provision
that requires DOL to submit a plan to the House and Senate
appropriations committees on how the $15 million will be used. In the letter,
the members urged DOL to issue an Emergency Temporary Infectious
Disease Standard, fully implement new paid leave provisions, and help
states implement new unemployment benefits.
“We write you today to request that you use
the $15,000,000 provided in the CARES Act … to protect workers exposed
to health and safety risks associated with the 2019 Novel Coronavirus as
they deliver health care services, provide transportation services, and
make available other essential services the public requires, and to
implement new paid leave rights. These workers deserve every protection
our laws are intended to provide and your commitment to making sure
they are available,” wrote the lawmakers.
In the letter, the lawmakers stressed that in order to fully protect workers, DOL must use the funds to:
- Issue an Emergency Temporary Infectious Disease Standard. Clear, effective, comprehensive requirements from the Occupational Safety and Health Administration (OSHA) is the only way to guarantee that all workers receive protections from the coronavirus that will keep them safe.
- Fully implement new paid leave provisions. The FFCRA included important new protections so workers can stay home if they are sick or need to care for a family member, without having to fear the loss of a job or a paycheck. These provisions must be implemented as Congress intended. DOL must also ensure that all eligible workers are aware of their new rights by conducting specific outreach. In many communities, especially low-income communities and communities of color, workers desperately need paid leave but may not know how to take advantage of the new provisions.
- Help states implement new unemployment benefits. The CARES Act included new unemployment benefits to provide struggling families a necessary lifeline. DOL must provide clear and consistent information, technical assistance, guidance, and support to the states as they implement the new provisions.
“When you submit this plan, we
strongly urge you to do the right thing for the nation’s workers and
their families by including the funding necessary to carry out these
priorities and help workers across the country access the benefits
provided by the CARES Act,” wrote the lawmakers.
Both Senator Murray and Congresswoman
DeLauro have already pushed the Department of Labor to protect workers
during the coronavirus crisis. On April 1, the lawmakers urged
Scalia to rescind guidance on the paid leave provision that created
gratuitous loophole for employers. The lawmakers have also introduced the
PAID Leave Act with Senator Gillibrand, a comprehensive emergency paid
sick days and paid family and medical leave bill that is fully funded by
the federal government during this emergency, and continue to push for
it to be a part of Congress’ continuing coronavirus response efforts.
The full text of the letter is below and HERE.
April 8, 2020
The Honorable Eugene Scalia
Secretary
U.S. Department of Labor
200 Constitution Ave, NW
Washington, DC 20210
Dear Secretary Scalia:
We write you today to request that you use the
$15,000,000 provided in the CARES Act for Departmental Management of the
Department of Labor (DOL) to protect workers exposed to health and
safety risks associated with the 2019 Novel Coronavirus as they deliver
health care services, provide transportation services, and make
available other essential services the public requires, and to implement
new paid leave rights. These workers deserve every protection our laws
are intended to provide and your commitment to making sure they are
available.
More than three months ago, the World Health
Organization declared a global health emergency due to the outbreak of
the 2019 Novel Coronavirus. The outbreak has only grown worse since
that time. As of April 7, 2020, the United States has 387,547 confirmed
cases and 12,291 deaths resulting from this pandemic.[1]
The majority of states have issued stay-at-home orders which generally
only allow travel for trips to the grocery store, for medical care or
other essential services, and limit social interactions.[2]
That’s why Congress passed several pieces of
legislation intended to address the growing health and safety risk of
the 2019 Novel Coronavirus and support states, localities, families, and
individuals facing this unprecedented challenge. The most recent
action was near-unanimous passage of the CARES Act, legislation that
provided, among other investments, $15 million for your Department “to
prevent, prepare for, and respond to coronavirus, including to enforce
worker protection laws and regulations”.
The Department is required to use these
resources, and all available resources, to fully protect workers. That
should start with issuing an Emergency Temporary Infectious Disease
Standard. Unfortunately, we have more than ample evidence of the grave
danger the 2019 Novel Coronavirus presents to workers. Some states have
reported that close to 20 percent of coronavirus cases are health care
workers.[3]
Clear, effective, comprehensive requirements from the Occupational
Safety and Health Administration (OSHA) is the only way to guarantee
that all workers receive the protections from 2019 Novel Coronavirus
that will keep them safe. Fortunately, much work has been done over
the past decade on an infectious disease rulemaking that can be used to
issue the Emergency Temporary Infectious Disease Standard.
In the interim, to protect workers from
coronavirus infection, OSHA should be fully enforcing all applicable
standards and directives, including the Personal Protective Equipment
standard (29 CFR 1910.132), the Respiratory Protection standard (29 CFR
1910.134), the General Duty Clause (Section 5(a)(1) of the Occupational
Safety and Health Act of 1970), and the Bloodborne Pathogens standard
(29 CFR 1910.1030). Particular emphasis should be placed on workplaces
where workers are deemed essential and also face a higher risk of
infection, such as hospitals, clinics, nursing homes, slaughterhouses,
poultry processing plants, and agricultural workplaces.
Workers also need the paid sick and family leave
provisions of the recently-enacted Families First Coronavirus Response
Act. These are important new protections we provided to individuals so
they can stay home if they are sick, need to care for a family member,
or have other coronavirus-related needs, without having to fear the loss
of a job or a paycheck. However, individuals will only benefit from
these new provisions if they are implemented as enacted in the
legislation passed by Congress, and if they are aware of their new
rights. Research on state paid leave programs has shown that usage and
awareness is low for workers in low-wage jobs and members of minority
communities.[4]
Therefore, you must ensure that specific outreach is conducted to these
communities and other individuals who are desperately relying on these
provisions.
Additionally, Congress approved several new
unemployment benefits for workers impacted by the 2019 Novel
Coronavirus. As weekly unemployment claims continue to rise, these
benefits are a necessary lifeline for struggling individuals and
families. While the Employment and Training Administration has recently
issued long awaited guidance on these benefits, it must continue to
work with States to ensure that claimants are able to access those
benefits, removing any barriers or challenges to participation. In this
effort, the Department must use the recently enacted appropriation for
Departmental Management to oversee and coordinate activities related to
these new provisions and to provide clear and consistent information,
technical assistance, guidance, and support to all States during this
time.
As you are aware, you are required to provide
the House and Senate Committees on Appropriations with an operating plan
for the use of the $15,000,000 appropriation for Departmental
Management not later than 15 days prior to the transfer of the funds to
eligible appropriations accounts. When you submit this plan, we
strongly urge you to do the right thing for the nation’s workers and
their families by including the funding necessary to carry out these
priorities and help workers across the country access the benefits
provided by the CARES Act.
We appreciate your attention to these issues and
look forward to seeing the report. If you have any questions regarding
this letter, please contact Mark Laisch, Minority Staff for the Senate
Appropriations Subcommittee on Labor, Health and Human Services, and
Education, and Related Agencies and Philip Tizzani, Majority Staff for
the House Appropriations Subcommittee on Labor, Health and Human
Services, Education, and Related Agencies.
Sincerely,
Patty Murray
Ranking Member, Subcommittee on Labor, Health and Human Services, Education, and Related Agencies
Committee on Appropriations
United States Senate
Rosa L. DeLauro
Chair, Subcommittee on Labor, Health and Human Services, Education, and Related Agencies
Committee on Appropriations
United States House of Representatives
###
[1] Tracking COVID cases in the US, CNN Health accessed on April 7, 2020 at 6:30pm EST at https://www.cnn.com/interactive/2020/health/coronavirus-us-maps-and-cases/
[2] “See Which States and Cities Have Told Residents to Stay at Home”, New York Times accessed on April 2, 2020 at https://www.nytimes.com/interactive/2020/us/coronavirus-stay-at-home-order.html
[3] “Health care workers see wave of coronavirus coming in their ranks”, NBC News accessed on April 2, 2020 at https://www.nbcnews.com/news/us-news/health-care-workers-see-wave-coronavirus-coming-their-ranks-n1174271
[4]
“Passing Paid Leave Laws Is Just the Beginning: Lessons from the Field
on Raising Awareness”, Center for Economic and Policy Research accessed
at https://cepr.net/images/stories/reports/paid-leave-2019-02.pdf
