Legislature(2019 - 2020)Anch LIO Lg Conf Rm
07/15/2020 10:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Covid Safety at High Risk Facilities | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
JOINT MEETING
HOUSE STATE AFFAIRS STANDING COMMITTEE
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
Anchorage, Alaska
July 15, 2020
10:02 a.m.
MEMBERS PRESENT
HOUSE STATE AFFAIRS STANDING COMMITTEE
Representative Zack Fields, Co-Chair
Representative Jonathan Kreiss-Tomkins, Co-Chair (via
teleconference)
Representative Grier Hopkins (via teleconference)
Representative Steve Thompson (via teleconference)
Representative Sarah Vance (via teleconference)
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
Representative Tiffany Zulkosky, Chair (via teleconference)
Representative Ivy Spohnholz, Vice Chair (via teleconference)
Representative Matt Claman (via teleconference)
Representative Harriet Drummond (via teleconference)
Representative Geran Tarr (via teleconference)
Representative Sharon Jackson (via teleconference)
MEMBERS ABSENT
HOUSE STATE AFFAIRS STANDING COMMITTEE
Representative Andi Story
Representative Laddie Shaw
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
Representative Lance Pruitt
OTHER LEGISLATORS PRESENT
Representative Sara Hannan (via teleconference)
Representative Kelly Merrick (via teleconference)
Representative Mike Prax (via teleconference)
COMMITTEE CALENDAR
PRESENTATION(S): COVID SAFETY AT HIGH RISK FACILITIES
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
MARVIN JONES, President/Executive Board Member
Unite Here Local 878
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation on COVID-
19 safety at high-risk facilities.
JOSHUA WILSON, Business Agent
Alaska Correctional Officers Association
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation on COVID-
19 safety at high-risk facilities.
JAKE METCALFE, Executive Director
Alaska State Employee Association
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation on COVID-
19 safety at high-risk facilities.
BARRY YABYABIN, Juvenile Justice Officer
McLaughlin Youth Center
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation on COVID-
19 safety at high-risk facilities.
CORINNE CONLON
Juneau, Alaska
POSITION STATEMENT: Testified during the presentation on COVID-
19 safety at high-risk facilities.
ACTION NARRATIVE
10:02:42 AM
CO-CHAIR ZACK FIELDS called the joint meeting of the House State
Affairs Standing Committee and the House Health and Social
Services Standing Committee to order at 10:02 a.m.
Representatives Hopkins (via teleconference), Thompson (via
teleconference), Vance (via teleconference), Kreiss-Tomkins (via
teleconference), Drummond (via teleconference), Jackson (via
teleconference), Tarr (via teleconference), and Zulkosky (via
teleconference), and Fields were present at the call to order.
Representatives Vance (via teleconference), Spohnholz (via
teleconference), and Claman (via teleconference) arrived as the
meeting was in progress.
^PRESENTATION(S): COVID Safety at High Risk Facilities
PRESENTATION(S): COVID Safety at High Risk Facilities
10:02:56 AM
CO-CHAIR FIELDS announced that the only order of business would
be a presentation on COVID-19 safety at high-risk facilities.
10:04:03 AM
MARVIN JONES, President/Executive Board Member, Unite Here Local
878, informed the committee that Unite Here Local 878 represents
hotel workers across Alaska. He said members are terrified of
going to work and getting sick or spreading the virus to others.
He added that many of them have families or take care of elderly
parents. He reported that there have been four confirmed cases
of coronavirus amongst Hilton Anchorage employees. He recalled
testimony from the previous committee hearing about a hotel
worker who was exposed to an infected guest. He claimed the
hotel knew the guest was infected and did not inform the workers
for several days. He stressed the need for enforcement,
decisiveness, and a way to shut down hotels that are not
operating safely, "before it's too late." Furthermore, he
recounted that quarantined hotel guests are free to move in and
out of the hotel and hold gatherings that could spread the
virus. He opined that implementing additional cleaning
procedures and clear, enforceable rules could lower the risk of
transmission at hotels. He also provided three suggestions to
increase hotel safety during this time. Firstly, provide
workers and hotel guests with masks and PPE; secondly,
immediately inform workers of a positive case; and thirdly,
provide workers with paid leave to get tested, await their
results in self-quarantine, and continue quarantining if they
are infected. He explained that workers feel financial pressure
to work even if it's not safe. He noted that he recently made
several visits to hotels throughout Anchorage and is extremely
concerned with the lack of preparation and safety protocols.
CO-CHAIR FIELDS introduced a video recorded by a Hilton
Anchorage employee.
10:08:04 AM
CO-CHAIR FIELDS played the video from 10:08 a.m. to 10:13 a.m.
10:13:12 AM
CO-CHAIR FIELDS said last week, the committee heard about the
lack of state regulations pertaining to workplace safety. He
apologized for the video's sound quality, adding that it was
recorded during a conversation with the employer's supervisor.
He explained that in the video, [it sounds like] the employee is
being pressured to work in unsafe conditions while awaiting a
coronavirus test result.
10:14:05 AM
REPRESENTATIVE JACKSON provided her interpretation of the video.
She expressed concern about Mr. Jones' comments regarding the
[Coast] Inn not being cleaned properly. She offered her
understanding that the FMLA [Family and Medical Leave Act] would
cover the pay for an employee who tests positive for COVID-19.
REPRESENTATIVE FIELDS, recognizing the poor sound quality, asked
Mr. Jones to summarize the video. Additionally, he asked for
further detail on staffing and cleaning for COVID-19. He
acknowledged Representative Jackson's point regarding federal
laws for coronavirus-related leave and asked Mr. Jones to
address whether that's being complied with.
10:16:30 AM
MR. JONES noted that he personally spoke with the employee who
recorded the video. He said the employee was trying to convey
that she got tested for COVID-19 after experiencing symptoms.
In the video, she was attempting to verify if she was expected
to return to work in three days if her test was negative. He
explained that confusion ensued between the worker and
supervisor regarding the worker's return to work. He said the
hotel began providing PPE for its workers in the last several
weeks. He also reported that there was only one sanitizer
dispenser in the basement level where both locker rooms, the
employee cafeteria, engineering, and security are located.
Furthermore, he said there was no social distancing policy in
the break room and soap and paper towel dispensers were empty
for an entire two-week period. He noted that Unite Here
acquired video that supports those observations. He stated that
now, the hotel has implemented social distancing and provided
basic cleaning supplies, such as paper towels. He expressed his
concern that part of the hotel is being used for quarantining
cannery employees. He reported that hotel employees were
entering the cannery workers' rooms without knowledge that they
were unsafe and restricted. Furthermore, he said there has been
no COVID-19 training provided to the hotel workers thus far. He
reiterated that workers are scared because four [hotel]
employees have tested positive.
CO-CHAIR FIELDS asked if the state should issue regulations that
provide workers with the ability to not show up to an unsafe
workplace and protect them from retaliation for that decision.
10:20:41 AM
MR. JONES answered, "definitely."
10:20:52 AM
REPRESENTATIVE VANCE asked if the Hilton Anchorage was invited
to testify.
REPRESENTATIVE FIELDS said Hilton Anchorage was not invited. He
stated that the hotel would have been added to the agenda if he
was made aware of the video prior to yesterday. He indicated
that the committee would reconvene, possibly next week, to
continue examining workplace issues.
REPRESENTATIVE VANCE implored the committee to "afford everyone
due process if they are going to be publicly exposed." She
opined that the [Hilton Anchorage] should have the opportunity
to share what measures they have taken, or not taken, to ensure
the safety of their employees.
REPRESENTATIVE FIELDS agreed. He said he would invite Hilton
Anchorage to testify on COVID-19 safety issues next week. He
introduced the next testifier, Joshua Wilson, who would be
revisiting the discussion on high-risk facilities. He noted
that national statistics indicate as many as 40 percent of
deaths in the U.S. have occurred in high-risk facilities, such
as prisons and long-term care facilities.
10:22:54 AM
JOSHUA WILSON, Business Agent, Alaska Correctional Officers
Association, said it's imperative that correctional officers and
first responders have the appropriate resources to combat COVID-
19. He remarked that the Department of Corrections (DOC) cannot
adhere to the governor's public health mandate due to facility
setting in which social distancing is not an option. He
explained that certain facilities house over 100 inmates per mod
and remand over 600 inmates per week. He stated that
coronavirus will get into these facilities, so mitigation is the
priority. He applauded DOC for announcing that it would start
testing every remand entering the facilities; nonetheless, he
said there's more that could be done. He reported that
nationally, COVID-19 has taken the lives of 55 correctional
officers. In Alaska, five facilities have had confirmed COVID-
19 cases, including Lemon Creek Correctional Center, Fairbanks
Correctional Center, Anchorage Correctional Center, Goose Creek
Correctional Center, and the Mat-Su Pretrial Facility. He
explained that in 2019, DOC experienced a staffing crisis that
still exists. He said even today, the department doesn't have
the necessary number of staff to meet the basic security and
operational requirements within facilities, resulting in chronic
reliance on overtime, which is costly for DOC. Furthermore, he
explained that "forced" overtime leads to officer burnout, high
turnover, and rolling lockdowns throughout facilities, all of
which are intensified by the addition of COVID-19. He
acknowledged the legislature for recognizing the existing
problems and in 2019, appropriating funds to recruit officers
and open Palmer Correctional Center; however, he noted that the
Palmer facility has yet to open. He offered his belief that if
the Palmer Correctional Center had opened, it could be operating
as an area for quarantine or high-risk individuals.
Additionally, he reflected on funds appropriated for an officer
recruitment team. He expressed his frustration that the team is
not operational despite the funds being available since July 1,
2020. He addressed PPE and emphasized the importance of making
the correct equipment available to correctional officers.
10:28:18 AM
MR. WILSON opined that there should be more coordinated
communication between DOC and correctional officers or their
representatives. He noted that the state canceled their weekly
meetings with unions over a month ago. He said the Alaska
Correctional Officers Association (ACOA) filed an unfair labor
practice in an effort to bargain for proper PPE, leave related
to COVID-19, and health and safety requirements. He stated that
DOC is not telling ACOA when a correctional officer tests
positive and has only met with the association once in the past
9 months. He reiterated that correctional officers are on the
frontline of the COVID-19 pandemic. He opined that DOC should
be willing to bargain with the officers' representative to
ensure that they have the necessary resources.
10:30:11 AM
REPRESENTATIVE ZULKOSKY said officials in other states have
suggested that correctional facilities are not at risk because
they are effectively closed off from the public. She asked Mr.
Wilson to highlight how clusters and outbreaks of COVID-19 in
correctional facilities can impact broader communities in
Alaska.
MR. WILSON restated that over 600 people are remanded to an
Alaska correctional facility every week, but most of them do not
stay. He recalled two positive cases from remanded individuals
at the Mat-Su Pretrial Facility, adding that by the time their
positive results came back, both individuals had already been
released into the community. Furthermore, he pointed out that
with over 100 inmates per mod, transmission can easily spread.
He said there are challenges within every facility and creating
distance is ideal but challenging.
10:33:01 AM
REPRESENTATIVE ZULKOSKY referencing the outbreak at Lemon Creek
Correctional Center, asked what mitigating actions were taken
and how it impacted worker safety. Additionally, she asked if
the outbreak could have been handled differently.
MR. WILSON said the goal is to mitigate the spread and transfer
as much as possible. He opined that quickly conveying
information to staff and inmates is beneficial. Additionally,
he expressed his hope that upon the identification of a positive
case, the facility would reach out to any potentially exposed
individuals and inform the entire facility of testing procedures
and locations. He also recommended providing the appropriate
PPE to correctional officers, staff, and inmates, as well as
offering alternative housing for officers who don't want to
infect their families.
10:35:46 AM
REPRESENTATIVE ZULKOSKY asked if DOC has followed that preferred
process when confirmed cases have surfaced in Alaska
correctional facilities.
MR. WILSON said DOC has initiated contact tracing and, in some
cases, has informed the entire facility staff. He offered his
belief that there could be better communication regarding
testing availability and the alternative housing for
correctional officers.
10:37:50 AM
REPRESENTATIVE DRUMMOND asked how many confirmed COVID-19 cases
have been identified amongst DOC staff and inmates and how the
virus entered the facilities. Additionally, she asked if
inmates are currently allowed to have visitors and what the
visiting procedures are.
MR. WILSON said it is unknown how COVID-19 got into the
correctional facilities. He noted that the DOC posts the number
of positive inmate cases on its website. He reported that
positive cases include one inmate at the Goose Creek facility,
one at the Anchorage facility, and four remands from the
Fairbanks and Mat-Su facilities. He added that there have been
positive staff cases at multiple facilities; however, DOC does
not inform ACOA when a correctional officer tests positive.
10:41:55 AM
REPRESENTATIVE DRUMMOND asked if DOC was invited to testify and
respond to these issues.
REPRESENTATIVE FIELDS said the department was invited but
declined to attend.
10:42:23 AM
REPRESENTATIVE JACKSON sought to clarify whether visitation is
allowed in Alaska correctional facilities and what the current
protocols are.
MR. WILSON said there are no visitors allowed in DOC right now.
He opined that it's a good policy that's mitigating the risk of
COVID-19 entering facilities and protecting both the inmate
population and the staff. He noted that inmates are currently
allowed additional phone calls so they can communicate with
their families. He said the facilities are also implementing
the use of telecourt functions and hearings via phone or
computer to reduce transportation and potential transmission.
10:44:16 AM
REPRESENTATIVE FIELDS asked if there is a universal testing
procedure for DOC employees.
10:44:39 AM
MR. WILSON explained that on July 1, 2020, DOC began testing
every remand that enters a correctional facility. Regarding
inmates that are already held in the system, there's not a
process unless they show COVID-19 symptoms, in which case they
are quarantined in a quarantine-specific mod. He shared his
understanding that transferred prisoners are also tested. He
expressed his hope that DOC will continue to test every inmate
before being transferred to another facility to reduce the
possibility of spread.
REPRESENTATIVE FIELDS asked if correctional officers have access
to N95 masks.
MR. WILSON said sometimes yes, sometimes no. He recalled
officers voicing concern about being asked to wear the same mask
throughout the entire workweek. Regarding the provision of PPE,
he expressed further concern that other professions are being
prioritized over correctional officers. He reemphasized the
importance of providing PPE to frontline workers, such as
medical staff and correctional officers.
REPRESENTATIVE FIELDS pointed out that police officers have had
access to N95 masks since the start of the pandemic. He opined
that correctional officers should as well. He said PPE should
be available in sufficient supply to function properly. He
asked if the facilities' HVAC systems have been updated with
adequate filtration and appropriate modifications to introduce
more outside air rather than recirculating the same air.
10:48:27 AM
MR. WILSON deferred to DOC. He reiterated that clear
communication would address many concerns expressed by
correctional officers and other staff within the facilities.
REPRESENTATIVE FIELDS sought to clarify the intended timeframe
for reopening the Palmer Correctional Center, as it could help
relieve overcrowding and reduce the risk of transmission.
10:49:27 AM
MR. WILSON explained that in 2019, the legislature appropriated
over $16 million dollars to open Palmer Correctional Center;
however, DOC opted to attempt to privatize the department and
send Alaskan inmates out of state. He shared his understanding
that the decision was heavily criticized by the legislature and
ultimately, DOC withdrew the effort. He said the intent was to
open the facility last year, but it is still not open. He
expressed his hope that the facility could hold high-risk
individuals or confirmed positive cases.
10:50:45 AM
REPRESENTATIVE VANCE asked Mr. Wilson if he represents the labor
union.
MR. WILSON said yes, he represents ACOA with the union that
represents correctional officers in Alaska.
REPRESENTATIVE VANCE asked if ACOA collects union dues.
MR. WILSON answered yes.
10:51:16 AM
REPRESENTATIVE VANCE asked if the union has made any effort to
provide correctional officers with PPE.
REPRESENTATIVE FIELDS asked Mr. Wilson to provide further
background on workplace conditions and collectively bargained
institutions under state and federal law.
10:52:04 AM
MR. WILSON responding to Representative Vance, explained that
ACOA was coordinating with several groups to provide officers
cloth masks, as N95 masks were unavailable. He said ultimately,
DOC provided each officer with two cloth masks and are currently
working towards providing them with the required PPE, per CDC
recommendations. He stated that ACOA continues to try to work
with DOC on equipment availability; however, the department has
refused to bargain those issues.
10:53:43 AM
REPRESENTATIVE VANCE asked if the cloth masks are insufficient
protection. She sought to clarify whether ACOA has specifically
requested N95 masks from the department.
MR. WILSON clarified that ACOA would like N95 masks to be
available for the correctional officers who want to wear them.
He offered his understanding that the CDC recommends N95 masks
when dealing with positive cases or individuals with COVID-19
symptoms. He said ACOA negotiates and bargains for the PPE
available to officers. He added that AOCA encouraged DOC to
apply for $600,000 in CARES Act funds for PPE and additional
costs related to COVID-19.
10:55:41 AM
REPRESENTATIVE VANCE asked how many N95 masks would suffice for
correctional officers.
MR. WILSON said N95 masks should be available for officers who
want to use them. He shared his understanding that, per CDC
guidelines, masks should be single use.
REPRESENTATIVE FIELDS agreed that masks are supposed to be for
one-time use. He opined that the federal government "bungled"
the provision of PPE. He said health care providers do not have
enough PPE; nonetheless, they are not expected to wear one N95
mask for the entire week like correctional officers are.
10:57:14 AM
REPRESENTATIVE VANCE expressed interest in providing DOC with
access to mask sterilization to extend usage for proper
protection.
REPRESENTATIVE FIELDS directed attention to an article, entitled
"Punishment by Pandemic," [included in the committee packet].
He explained that the article highlighted a worst-case scenario
for correctional institutions and reported on Wellpath's
treatment of coronavirus inside penitentiaries. Considering
Wellpath's role at Alaska Psychiatric Institute (API), he
informed the committee that a representative from DHSS was
invited to testify but declined to attend.
10:59:08 AM
JAKE METCALFE, Executive Director, Alaska State Employee
Association, stated that ASEA represents over 8,000 state
employees, many of whom are essential workers on the frontline
of the pandemic. He said they risk their own health and the
health of their loved ones to keep Alaska citizens safe. He
added that their only request is for a safe workplace. He
reported that many state employees fear retaliation for voicing
concern. He indicated that their stories matter and read the
following email [original punctuation provided]:
On Monday, four of six probation officers in my office
were exposed to a defendant that tested positive for
COVID-19. Since that time, the whole office has had
close contact with each other throughout the workdays.
Today, we were notified of the defendant testing
positive and three of the six officers were sent home
with no guidance on when they could return to work.
The pretrial supervisor had previously denied us being
able to telework as we are returning to normal
operations. Despite that statement, we are not at
normal operations and we are being put at risk due to
the number of people we have in and out of our office.
I realize that the union is fighting this, to some
extent, in every office, but wanted you to have the
basic information from my office. I hope are able to
work from home still and stay healthy.
MR. METCALFE noted that ASEA received a follow-up email, which
read as follows [original punctuation provided]:
Thus far, the state ordered the three officers that
were exposed to get tested. It sounds like they are
supposed to use their insurance for testing and then
if there is an out-of-pocket co-pay, the state will
reimburse them. Once officer has returned to work and
two offices are still awaiting results. I went and
had myself tested due to having secondary insurance
through my wife that allowed no cost testing. The
other two officers ... have not been tested.
ME. METCALFE said the next email, from an ASEA member who works
at the Pioneer Home, read as follows [original punctuation
provided]:
I am a nurse III at the Pioneer Home. We were
informed last week that the families are going to
start coming and seeing their relatives living in the
facility today. I understand there is a concern
regarding the residents' mental state for not being
able to see their loved ones, but taking into
consideration Maslow's hierarchy of needs, it's not a
priority. As a nurse, it is still their physical
health and safety that comes first and that I am just
concerned about the residents being exposed to COVID-
19, getting sick, and dying as well as the whole staff
getting infected. We were all tested for COVID-19 on
June 22 - staff and residents - and then just the
staff every two weeks. And there's no way to find out
that those visiting new families have been tested or
not. It is pointless at this moment for us, staff
only, to be tested for COVID-19 when the residents are
continuously being exposed. I spoke to my nursing
supervisor about my concern and we are on the same
page. She informed me with regret that it is an order
from the corporate office. Several staff members came
to me today stating that they don't feel safe working
here anymore. They are getting anxieties and are
scared for the residents' health and eventually the
staff and our respective families if they turn out to
be asymptomatic and positive. I for one, have a child
I am trying my best to protect from getting sick. As
an advocate for the residents, I feel I am responsible
for making the residents, as well as the staff, feel
that they are protected. But allowing visitation
amidst this pandemic is something I see that is
unnecessary. I'd like to request an extension of the
lockdown and not allow visitation until further notice
as cases of COVID-19 have doubled. Also, I'd like my
identity to be kept anonymous. Thank you. Hoping for
your kind consideration.
11:04:58 AM
MR. METCALFE noted that ASEA hears about similar issues from
API. He said API has voiced concern about inconsistent mask
policies, impossible social distancing requirements, and PPE.
He stated that ASEA members would like to work safely and
provide services to the public; they want to be part of the
solution to this public safety crisis. However, for that to
happen, they must be involved in the decision-making process;
they need to be listened to; and they need clear, concise
communication from employers. He emphasized that ASEA has asked
the state to negotiate on health and safety issues and doesn't
understand why it is not happening.
11:07:28 AM
REPRESENTATIVE FIELDS inquired about Wellpath's role during the
pandemic in terms of management and coronavirus-related
practices.
MR. METCALFE stated that currently, communication is nonexistent
between ASEA and DHSS. He noted that ASEA is discussing
facility operations with API's governing body. He offered his
understanding that Wellpath is managing the facility with a
limited contract. He deferred to DHSS for further comment.
11:09:05 AM
REPRESENTATIVE FIELDS restated that administration declined to
appear. Considering Wellpath is literally condemning people in
facilities to death in other states, he said it would be
important to hear an explanation of Wellpath's role and whether
Alaskans will receive fairer treatment. He asserted that
Wellpath's record in other states is abominable and encouraged
committee members to refer to the aforementioned article. He
asked Mr. Metcalfe if the department is implementing HVAC and
other air quality improvements and reminded members that many
existing HVAC systems do not have adequate filtration to capture
COVID-19 particles; therefore, recirculating air within
facilities can spread the virus.
MR. METCALFE said the issue of visitation policy has come up in
pioneer homes and the McLaughlin Youth Center. He expressed his
concern that if people are brought into facilities without being
tested, recirculated air could potentially spread the virus
throughout the institutions. He said opening facilities to
visitors indicates that there is no longer an emergency. He
added that the employees have the right to negotiate to ensure
satisfactory health and safety practices are being followed. He
emphasized the importance of health and safety discussions,
clear and concise communication, and transparency.
11:14:01 AM
BARRY YABYABIN, Juvenile Justice Officer, McLaughlin Youth
Center, informed the committee that he has been a public
employee for 13 years. He shared his belief that public service
is a calling to serve the people of Alaska, even during the
pandemic. He acknowledged the importance of providing PPE to
public employees to allow them to continue to work safely. He
explained that McLaughlin Youth Center is a seven-unit facility
that works with youth, ages 18-21. He said this is the third
week that various units in McLaughlin are without sanitation
products, including wipes and soap, which has compelled his
colleagues to bring in products from home. Additionally, he
said there is a lack of employee participation regarding policy
and mitigation plans. He continued to explain that a majority
of colleagues have voiced concern about inadequate testing and
screening protocols and opined that the state is not taking
their health seriously. To conclude, he stated that 24-hour
(indisc.) are vulnerable and require clear and comprehensive
mitigation plans that must be developed with employee
involvement, as well as other stakeholders and professionals.
He opined that communication needs to improve, especially as it
relates to PPE availability and resupply. Furthermore, he
shared his understanding that the communication between ASEA and
the state requires additional improvement. He added that
everyone should have access to testing especially upon the
identification of a positive case.
11:20:30 AM
REPRESENTATIVE FIELDS recalled the exchange between the attorney
general and Anchorage's municipal attorney regarding the mayor's
mask requirement in shared spaces. He asked for ASEA's take on
that public dispute and questioned whether employees and
visitors are wearing masks in state facilities.
MR. YABYABIN reported that there is signage that emphasizes the
importance of wearing a mask. He also expressed concern that
visitation protocol does not require testing and relies on
temperature screening alone. He noted that he and his
colleagues do wear masks during their shifts at McLaughlin Youth
Center.
11:22:59 AM
REPRESENTATIVE JACKSON expressed her concern with
inconsistencies in visitation policy. She asked if masks are an
option for visitors.
MR. YABYABIN said thus far, no visitors have refused to wear a
mask; nonetheless, McLaughlin staff is constantly reminding
visitors to keep their masks on when inside the facility.
11:24:12 AM
REPRESENTATIVE JACKSON asked if the facility has the authority
to ask a visitor to leave if he or she refuses to wear a mask.
MR. YABYABIN said he does not know.
REPRESENTATIVE JACKSON asked the committee to follow up on that
question.
REPRESENTATIVE FIELDS confirmed that. He asked Mr. Metcalfe for
ASEA's position on Anchorage's face covering mandate and whether
the mandate is being followed.
11:25:45 AM
MR. METCALFE opined that a mandatory mask policy is appropriate
considering the recent surge in coronavirus cases in Alaska. He
added that masks are a health and safety precaution for
correctional officers working in 24-hour facilities.
Additionally, he said a mask policy should be negotiated for
procedural clarity and for worker and resident safety.
11:28:25 AM
REPRESENTATIVE DRUMMOND asked if the two coronavirus cases in
McLaughlin Youth Center are among the staff or [residents] and
what procedures have been followed.
MR. YABYABIN clarified that McLaughlin had two total cases to
date, but only one case is currently active. He explained that
the resident who tested positive is quarantining in an empty
unit.
11:30:38 AM
REPRESENTATIVE DRUMMOND asked how the staff is interacting with
the quarantined resident.
MR. YABYABIN explained that the quarantined resident can still
make phone calls, eat meals, and shower. He noted that all
McLaughlin residents are eating meals in their respective units
to limit daily movement.
11:32:06 AM
REPRESENTATIVE DRUMMOND deduced that the quarantined resident is
still receiving regular service from the staff. She asked how
the McLaughlin staff practices social distancing in the
facility.
MR. YABYABIN shared that in his unit, social distancing is
difficult because 18 of the 20 beds are full. He said the staff
separates chairs and utilizes the different wings in the
building. He added that McLaughlin relies on opening windows or
doors to circulate fresh air as the facility does not have an
HVAC system.
11:33:42 AM
REPRESENTATIVE DRUMMOND asked if residents get time outside.
MR. YABYABIN answered yes, McLaughlin residents get recreational
time outside.
11:34:32 AM
REPRESENTATIVE FIELDS reiterated the importance of adequate
filtration and the introduction of outdoor air. He noted that
because most buildings were not designed with a pandemic in
mind, the committee would revisit the issue in a subsequent
meeting and hear from air quality experts about indoor air
quality, HVAC filters, and the introduction of outdoor air.
11:35:37 AM
CORINNE CONLON offered her perspective as a former state
employee who opted to resign from her position due to health
concerns. She opined that because she was fortunate enough to
take time off from work, she can speak more freely than other
state employees about the current situation. She said she
worked for the Department of Labor & Workforce Development
(DLWD) as an Employment Security Analyst I. On March 1, 2020,
she developed sever bronchitis, which caused her to transition
to telework until the department asked employees to return to
their offices on June 8. She recalled being assured of a
reopening plan and being told not to ask questions. The plan,
she said, was unveiled on June 5, and entailed washing hands,
sanitizing workspaces, staying home when sick, and optional mask
wearing.
11:39:32 AM
MS. CONLON explained that as an employee with health concerns,
she immediately researched CDC guidelines and Dr. Zink's online
posts about reopening and indoor workspaces. She said she
developed eight questions, which she took to her union
representative. She indicated that health and safety procedures
lacked consistency; for example, within DLWD, telework for one
division stretched into August and employees were told not to
enter the building unless compelled, while her division was
asked to reenter the building on June 1 for training. She
expressed concern that employees do not have a voice regarding
the management of health and safety issues. Additionally, she
expressed strong concerns about reentering an environment with
recirculated air. She highlighted several remaining topics of
concern, including procedures for sick or at-risk employees, air
circulation, and mask policy. Ultimately, she explained that
her health took precedence over her job when human resources
said she was required to return to in-office work. She said she
wanted to share her experience because many stated employees
don't have the ability to share openly for fear of retaliation.
She recalled that asking questions during a staff meeting felt
like pushing the boundaries of acceptable behavior.
11:45:45 AM
REPRESENTATIVE ZULKOSKY sought to clarify that as a DLWD
employee, Ms. Conlon had been informed that DOA would provide
guidance for the return to work, which was ultimately not
provided. She asked if that is correct.
MS. CONLON offered her understanding that the division was
looking towards DOA for a reopening plan to use as guidance for
returning to work at the DLWD office building.
11:46:46 AM
REPRESENTATIVE ZULKOSKY asked if AKOSH is responsible for
providing health and safety regulations for state office
buildings.
MS. CONLON said she does not know. She noted that upon
receiving complaints regarding health in the job centers, the
complaints were to be passed on to AKOSH.
11:48:06 AM
REPRESENTATIVE ZULKOSKY expressed her disappointment regarding
the missed opportunity in terms of coordination for state
employees.
REPRESENTATIVE FIELDS asserted that DLWD, which is supposed to
be promulgating workplace safety standards, has zero
understanding of virus transmission indoors, notwithstanding
multiple hearings and widely available information on the issue.
He opined that the lack of consistency on telework is
disturbing. Furthermore, he observed no engagement with the
union on the mandatory subject of bargaining. He noted that
legally, the administration must bargain on issues of workplace
safety because when a department fails to do so, employees are
placed in manifestly unsafe environments, which forces them into
a choice between work or health. He said the lack of
recognition of an at-risk employee is "mindboggling."
REPRESENTATIVE DRUMMOND expressed condolences to Ms. Conlon for
feeling like she had to leave her job to speak freely to the
legislature on this issue. She asked whether sanitizing
products were provided or if employees had to bring their own
from home to sanitize their workspace.
MS. CONLON said she can't answer that because she met with human
resources on Friday, June 5 and emailed her resignation the
following Sunday; therefore, she has no knowledge of the
workplace procedures on Monday, June 8. She assumed that
sanitizing products were provided.
11:51:07 AM
REPRESENTATIVE HANNAN opined that Ms. Conlon's testimony
exemplifies the disconnect between what legislators are being
told and the reality that constituents are facing.
11:52:33 AM
REPRESENTATIVE PRAX sought clarity on the grievance policy and
whether Ms. Conlon had taken advantage of other channels before
coming to the legislature.
REPRESENTATIVE FIELDS asked if Mr. Metcalfe could discuss the
role of grievances and workplace safety issues.
11:53:26 AM
MR. METCALFE said there is a grievance process when a portion of
contract is violated; additionally, the Alaska Labor Relations
Agency ensures that labor laws are followed. He noted that ASEA
tried to negotiate with the state before launching the grievance
and arbitration process or unfair labor practice process;
however, the state refused to bargain and continued to impose
health and safety practices on ASEA without negotiating. He
indicated that consequently, ASEA was pushed to file an unfair
labor practice charge against the state. He explained that ASEA
has national experts that could help create workplace policies
and safety practices that would be good for everyone if the
state would only sit down and engage with them.
11:56:28 AM
REPRESENTATIVE PRAX asked what stage the negotiation process is
in.
MR. METCALFE said it is reaching a dead end. He explained that
ASEA was attempting to communicate with the administration since
March on these issues. He noted that initially, the benefit of
the doubt was given, but now that facilities have reopened, it
indicates that the situation is no longer an emergency and
raises serious safety concerns.
11:58:10 AM
REPRESENTATIVE THOMPSON opined that there is a lack of
meaningful communication from state departments and the
administration. He expressed concern that people's concerns are
not being addressed or answered.
11:59:17 AM
REPRESENTATIVE FIELDS announced that there would be another
hearing on COVID-19 workplace safety issues.
11:59:29 AM
ADJOURNMENT
There being no further business before the committees, the joint
meeting of the House State Affairs Standing Committee and the
House Health and Social Services Standing Committee meeting was
adjourned at 11:59 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Inside a Prison Where the Coronavirus Pandemic Has Become A Death Sentence - New Yorker 7.15.20.pdf |
HSTA 7/15/2020 10:00:00 AM |
|
| Opinion-Your Building Can Make You Sick or Keep You Well - The New York Times 7.15.20.pdf |
HSTA 7/15/2020 10:00:00 AM |