scholarly journals New law preventing COVID-19: the first effort to prevent occupational transmission of disease of the 21st century in the USA

2021 ◽  
Vol 10 (2) ◽  
pp. 295-306
Author(s):  
Ilise Feitshans

No one has been untouched by the COVID-19 pandemic of 2020, which underscores the principle that there is an inextricable link between health, work and the global economy of civil society. The goal of this article is to describe law in the USA that was written during the 2020 pandemic to mobilize occupational health tools that could stem the tide of the pandemic. The COVID-19 pandemic in 2020 transformed previously stoic economic sectors such as airlines, hotels, food service and major stores into marginal employers. Essential workers in food, retail delivery and health care workers confronted health risks from occupational, transmission of communicable disease. Among workers with school children impacted by COVID-19 Emergency Executive orders to stay in place, e-learning and remote work, e-hospital data collection and health status monitoring, returning to school as teachers or nonessential workers also generated fear of workplace transmission of disease that might infect their family. Using legislative policy analysis methods, this article describes the traditional principles of state labor relations that were rewritten using the legislative pen, now instead requiring risk assessment for all employees and employers to thereby prevent occupational transmission of disease. As discussed here, Virginia, the USA state, responded with a COVID-19 prevention law deploying modern industrial hygiene tools with broader jurisdiction compared to state labor law precedents. As a result, swift administrative action, justified for pandemic response, underscores that marginal employers and their workers need strong occupational health and safety laws, because health is inextricably linked to creating thriving commerce.

2019 ◽  
Vol 30 (4) ◽  
pp. 513-531 ◽  
Author(s):  
David Walters ◽  
Michael Quinlan

The activism of coalmining unions in Australia, the UK, the USA and elsewhere securing improvements in safety including better legislation in the 19th and 20th centuries, has been widely researched and acknowledged. However, a relatively neglected aspect of this history was a campaign to secure worker inspectors (check-inspectors). These began in coalmining a century before similar measures were introduced for workers more generally as part of overhauling occupational health and safety laws in the 1970s/1980s. We document this struggle for mine safety in Australia and New Zealand, and the activities of check-inspectors in the period to 1925. Notwithstanding strong opposition from coal-owners and conservative governments, check-inspectors played an important role in safeguarding coalminers and improving the regulatory oversight of coalmines. Check-inspectors not only gave coalminers a ‘voice’ in OHS, but they also provided an exemplar of the value and legitimacy of worker’s ‘knowledge activism’. This system remains. Furthermore, the struggle is relevant to understanding contemporary debates about collective worker involvement in occupational health and safety. JEL Codes: J28, J51, J81


2020 ◽  
Vol 34 (34) ◽  
pp. 45-60
Author(s):  
Ewa Matuska

The article deals with occupational health and safety in the context of the emergence of a new threat of COVID-19 disease. It focuses on occupational stress and organizational problems experienced by employees in the context of economic problems of companies and administrative restrictions caused by pandemic crisis situation. The research question of the article is: How do the employees adapt to the initial phase of coronavirus crisis situation in their working environment? The theoretical part of the article contains the comparative analysis of the psychosocial hazards and proposal of their classification with the reference to COVID-19 syndrome. The research part analyzes the current results of survey studies dedicated to the perception of pandemic by employees in Poland. In the conclusion the author advocates for including new psychosocial work hazards which appear in connection to COVID-19 outbreak into already existing official lists of work-related psychosocial risks. It is especially recommended in case of evaluation of occupational health and safety in flexible work and remote work models.


Author(s):  
Garrett Brown

Labor standards, including occupational health and safety regulations and enforcement, are being subjected to intense downward pressures as a result of fundamental shifts in the global economy. The 1994 North American Free Trade Agreement (NAFTA) was the first trade treaty that attempted to promote and protect workplace health and safety through a “labor side agreement.” NAFTA failed to protect workers' health and safety due to the weaknesses of the side agreement's text; the political and diplomatic considerations limiting its implementation; and the failure to recognize and address the economic context, and political consequences of this context, in which the agreement was implemented. Subsequent trade treaties, both bilateral and regional, have not overcome the weaknesses of NAFTA. The treaty components needed to protect workers' health in future trade agreements are: 1) a minimum floor of occupational health and safety regulations; 2) an “upward harmonization” of regulatory standards and actual practice; 3) inclusion of employers so that they have formal responsibility and liability for violations of the standards; 4) effective enforcement of national regulations and international standards; 5) transparency and public participation; and 6) recognition of disparate economic conditions among trading partners and provision of financial and technical assistance to overcome economic disincentives and lack of resources. Also required are continued actions by non-governmental actors, including the workers themselves and civil society organizations.


2012 ◽  
Author(s):  
Andrea Bizarro ◽  
Megan Dove-Steinkamp ◽  
Nicole Johnson ◽  
Scott Ryan ◽  
Michelle Robertson ◽  
...  

2000 ◽  
Author(s):  
H. Herman-Haase ◽  
M. Quinn ◽  
J. Tessler ◽  
L. Punnett ◽  
N. Haiama ◽  
...  

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