Legislature(2019 - 2020)Anch LIO Lg Conf Rm
07/08/2020 09:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Worker Safety During the Covid-19 Pandemic | |
| 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 8, 2020
9:00 a.m.
MEMBERS PRESENT
HOUSE STATE AFFAIRS STANDING COMMITTEE
Representative Zack Fields, Co-Chair
Representative Jonathan Kreiss-Tomkins, Co-Chair (via
teleconference)
Representative Andi Story (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
Representative Harriet Drummond (via teleconference)
Representative Geran Tarr (via teleconference)
Representative Sharon Jackson (via teleconference)
Representative Lance Pruitt (via teleconference)
MEMBERS ABSENT
HOUSE STATE AFFAIRS STANDING COMMITTEE
Representative Grier Hopkins
Representative Laddie Shaw
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
Representative Matt Claman
OTHER LEGISLATORS PRESENT
Representative Kelly Merrick (via teleconference)
Representative Mike Prax (via teleconference)
Representative Chris Tuck (via teleconference)
COMMITTEE CALENDAR
PRESENTATION(S): WORKER SAFETY DURING THE COVID-19 PANDEMIC
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
DEBORAH KELLY, Statewide Director
IBEW NECA Apprenticeship Program
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation on worker
safety during the COVID-19 pandemic.
RASHAAN PERRY
Unite Here Local 878
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation on worker
safety during the COVID-19 pandemic.
JOE KNOWLES, Director
Labor Standards and Safety Division
Department of Labor and Workforce Development
Anchorage, Alaska
POSITION STATEMENT:
ELAINE BANDA, Chief of Consultation and Training
Alaska Occupational Safety and Health
Labor Standards and Safety Division
Department of Labor and Workforce Development
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation on worker
safety during the COVID-19 pandemic.
BRANDON FIELD, Senior Enforcement Officer
Alaska Occupational Safety and Health
Labor Standards and Safety Division
Department of Labor and Workforce Development
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation on worker
safety during the COVID-19 pandemic.
REBECCA HIMSCHOOT, Elementary Science Specialist
Sitka, Alaska
POSITION STATEMENT: Testified during the presentation on worker
safety during the COVID-19 pandemic.
MARK CATLIN, Industrial Hygienist
MDC Consulting and Training
Columbia, Maryland
POSITION STATEMENT: Testified during the presentation on worker
safety during the COVID-19 pandemic.
KELLY TSHIBAKA, Commissioner
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation on worker
safety during the COVID-19 pandemic.
KATE SHEEHAN, Director
Division of Personnel and Labor Relations
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Testified during the presentation on worker
safety during the COVID-19 pandemic.
TERRI GERSTEIN, Director
State and Local Enforcement Project
Labor and Worklife Program
Harvard University
Brooklyn, New York
POSITION STATEMENT: Testified during the presentation on worker
safety during the COVID-19 pandemic.
JOELLE HALL, Director of Operations
American Federation of Labor and Congress of Industrial
Organizations
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation on worker
safety during the COVID-19 pandemic.
ACTION NARRATIVE
9:00:48 AM
CO-CHAIR ZACH FIELDS called the joint meeting of the House State
Affairs Standing Committee and the House Health and Social
Services Standing Committee to order at 9:00 a.m.
Representatives Thompson (via teleconference), Vance (via
teleconference), Kreiss-Tomkins (via teleconference), Drummond
(via teleconference), Tarr (via teleconference), Zulkosky (via
teleconference), and Fields were present at the call to order.
Representatives Jackson (via teleconference), Pruitt (via
teleconference), Story (via teleconference), and Spohnholz
arrived as the meeting was in progress.
^PRESENTATION(S): Worker Safety During the COVID-19 Pandemic
PRESENTATION(S): Worker Safety During the COVID-19 Pandemic
9:00:56 AM
CO-CHAIR FIELDS announced that the only order of business would
be a presentation on worker safety during the COVID-19 pandemic.
9:02:12 AM
DEBORAH KELLY, Statewide Director, IBEW NECA Apprenticeship
Program, informed the committee that the federal Occupational
Safety and Health Administration (OSHA) allows states to develop
statewide occupational safety and health plans, which involves
enforcement, as well as developing additional safety and health
standards as needed. She noted that 22 states have full plans,
including Alaska. Alaska Occupational Safety and Health (AKOSH)
runs the state's workplace safety and health enforcement and can
develop unique standards, via regulation, according to Alaska's
specific needs. OSHA provides oversight to ensure that AKOSH
continues to be as effective as its federal counterpart. For
AKOSH, developing a new occupational health or safety standard
requires progressing through Alaska's regulatory process. When
a new standard is established, she said, AKOSH adopts it through
the state's regulatory process and must submit changes to OSHA
within 60 days. AKOSH is also required to provide a comparison
to any existing federal standards, so OSHA can determine the new
standard's effectiveness. She noted that during that review,
the new standard is active and enforceable in Alaska; however,
if OSHA identifies deficiencies, it works with AKOSH to find a
solution. She said the process might be long, but it doesn't
delay AKOSH from implementing new standards.
MS. KELLY continued to explain that Alaska's safety and health
standards are contained in the Alaska administrative code,
indicating that AKOSH follows Alaska's Administrative Procedure
Act. She noted that for emergency situations, the state can use
the emergency regulation process, which allows new regulations
to be implemented quickly. In that case, the public process
occurs after adoption if the state wants to make the regulation
permanent. If a proposed standard would affect multiple
industries, she recommended that AKOSH consult with industry
experts to ensure the standard's effectiveness. She further
noted that model standards and examples from other states can
help in creating workable standards.
9:06:50 AM
RASHAAN PERRY, Unite Here Local 878, said with tourism and local
gatherings at a minimum, the local hospitality industry is in a
tough situation. He reported that the hotel he works at is
attempting to keep staff and patrons safe with masks and
decontamination stations located within the property.
Additionally, the hotel restaurant initially attempted to
implement social distancing. He emphasized the importance of
prevention in reducing the spread. He explained that the hotel
is home to many people in quarantine; however, some are leaving
the property and not following the rules, which are set by their
employers, not the hotel itself. He advocated for strict
prevention criteria and clear, consistent quarantine protocol.
He questioned what action to take when prevention fails, or a
positive case is identified during the quarantine period. He
opined that management is not handling those situations
adequately. Instead, the response is chaotic and possible
exposures are not investigated properly. He said patrons'
positive tests are not reported to workers who might have been
exposed, allowing them to unknowingly return home and risk
infecting their families. He recommended sending those workers
home to self-quarantine until they get tested. He urged the
legislature to create a clear standard for handling positive
tests in the workplace and noted that it is often the lowest
paid workers who are exposed. He maintained that when a COVID-
19 case is identified, frontline workers need guidance and
clear, consistent workplace standards. He stated that
prevention is important, but its not enough.
9:13:03 AM
CO-CHAIR FIELDS pointed out that AKOSH has the authority to
promulgate standards for COVID-19 workplace safety. He asked if
the Department of Labor and Workforce Development (DLWD) has
promulgated any standards and if not, what the threshold would
be, in terms of the number of infections or deaths, before the
department would issue those standards.
9:13:38 AM
JOE KNOWLES, Director, Labor Standards and Safety Division,
Department of Labor and Workforce Development, said DLWD
welcomes the opportunity to speak to AKOSH's activities thus
far. He deferred to Elaine Banda for further explanation.
CO-CHAIR FIELDS surmised that the department is not
contemplating COVID-19 safety regulations at this time; however,
consultation and training is available to assist employers. He
asked if that's correct.
MR. KNOWLES confirmed that.
9:15:59 AM
ELAINE BANDA, Chief of Consultation and Training, Alaska
Occupational Safety and Health, Labor Standards and Safety
Division, DLWD, explained that AKOSH provides three services to
public and private employers. She noted that AKOSH cannot enter
an establishment without prior invitation by an employer. Upon
receiving a request for consultation, she said, AKOSH asks the
employer for specific areas of concern. She indicated that
lately, 90 percent of employers are interested in what can be
done to protect their employees. Subsequently, AKOSH visits the
establishment to assess the situation and look for hazards and
potential areas of improvement, followed by a written report of
their findings and recommendations. She noted that it's the
employer's responsibility to implement the recommendations. She
reported that currently, AKOSH has seven safety consultants and
two industrial hygienists in the field. She said they have
traveled across the state to assist employers with workplace
safety.
CO-CHAIR FIELDS asked how many workplaces AKOSH has visited to
perform COVID-19 related consultations.
MS. BANDA estimated 70-80 in the third quarter alone. She said
there is a conversation about COVID-19 in every workplace. She
noted that OSHA provided training on performing virtual
consultations.
CO-CHAIR FIELDS asked how many employers currently exist in
Alaska.
MS. BANDA said she does not know. She reiterated that AKOSH is
prohibited from visiting a site without an invitation and
request for service.
9:21:52 AM
CO-CHAIR FIELDS asked if AKOSH has the authority to require
employers to inform their employees of workplace exposure to
coronavirus despite the absence of promulgated regulations
related to COVID-19.
9:22:39 AM
MR. KNOWLES said the collaboration of enforcement and
consultation have worked to alleviate concerns from employees
who contact the division about activities in their workplace.
He deferred to Brandon Field for further explanation.
9:23:17 AM
BRANDON FIELD, Senior Enforcement Officer, Alaska Occupational
Safety and Health (AKOSH), Labor Standards and Safety Division,
DLWD, stated that AKOSH has a system for conducting coronavirus-
related inquiries and educating employers on their
responsibilities in hopes of producing voluntary compliance
rather than initiating an on-site inspection. He said many
existing regulations directly affect conditions related to
COVID-19, such as respiratory protection, or hazard
communication for the utilization of chemicals for sanitizing
the workplace. He referred to the general duty clause, which
stipulates that employers are responsible for providing a safe
and healthy work environment for their employees. He said that
clause has been used for situations where there's not a specific
standard. He noted that standards are often generic to allow
for effectiveness in numerous scenarios. He pointed out that
OSHA has issued a number of specific guidelines for industries
identified as high-hazard or significantly impacted by the
pandemic, including establishments like poultry processors and
health care facilities. He explained that when assessing a
workplace, AKOSH contacts the employer to learn the workplace
procedures and provide pertinent information and guidelines. He
reported that many employers feel overwhelmed or confused by the
amount of available information. He added that employers are
often unaware of certain requirements or are following outdated
recommendations. He said after communicating their
responsibilities, employers often exhibit a quick change in
behavior.
CO-CHAIR FIELDS sought to clarify whether the general duty
clause would protect a worker who was retaliated against for
protesting an employer's refusal to share results of a positive
COVID-19 test, or for refusing to show up to work in a
manifestly unsafe work environment. He asked Ms. Kelly to speak
to why DLWD would want to promulgate specific standards
pertaining to COVID-19.
9:28:29 AM
MS. KELLY reiterated that the general duty clause offers
protection when there is no standard. She added that the burden
on the department to establish a general duty clause violation
is challenging by design. She explained that specific standards
make enforcement and compliance easier because it establishes an
expectation and provides a standard that employees and employers
are held to. She added that written guidelines are better for
agencies and the effected industries so they can take steps to
follow the standards.
9:29:35 AM
REPRESENTATIVE TARR sought clarification on the interface
between agencies regarding the provision and use of personal
protective equipment (PPE).
9:32:03 AM
MR. FIELD stated that current AKOSH regulations obligate
employers to provide the PPE that they require their employees
to wear in the workplace. He noted that the availability of
that PPE has been the subject of national discussions, adding
that reuse of PPE has been a result of the shortage. He further
clarified that AKOSH can perform investigations through its
whistleblower program if an employee is retaliated against for
raising concerns about workplace health or safety. He said the
whistleblower program falls under a separate statute within the
safety and health standards that prevent employers from
retaliating against employees for attempting to exercise their
health and safety rights.
9:34:00 AM
REPRESENTATIVE TARR asked what the recourse is for an employee
who is not being provided with the required PPE.
MR. FIELD explained that the employee can contact AKOSH and file
a complaint.
REPRESENTATIVE TARR anecdotally reported that some health care
workers are not being provided with proper PPE. She said it's
unfortunate that some workers are not as protected as they
should be.
CO-CHAIR FIELDS agreed, adding that if ER doctors don't have
access to PPE, other frontline workers probably don't either.
He asked Ms. Kelly if DLWD should consider promulgating
standards specific to COVID-19 and what the department's
approach should be.
9:36:11 AM
MS. KELLY said specific standards can create clarity in the
workplace. Nonetheless, she pointed out that developing a solid
set of standards that affect every industry is a challenging
task that requires the right amount of resource investment and
expertise to develop standards that create a safer workplace for
all the diverse industries that exist in Alaska. She opined
that for the standards to be effective, they would need to be
basic or involve a vast amount of input from the impacted
industries. One basic framework to consider for workplace
protection, she said, is through the hierarchy of hazard
control, which includes five levels: elimination, substitution,
engineering controls, administrative controls, and PPE. She
noted that PPE should be the last line of protection because
it's fallible.
9:41:47 AM
REPRESENTATIVE VANCE asked if employees are required to disclose
a coronavirus-related medical condition to their employer.
MS. KELLY said she could not provide Health Insurance
Portability and Accountability Act (HIPAA) expertise.
MR. KNOWLES echoed Ms. Kelly.
9:43:33 AM
REPRESENTATIVE VANCE asked how an employer, after testing
positive for COVID-19, should communicate that to their
employees.
MS. KELLY said that question illustrates the complexity of the
issues that employers are currently struggling with, because it
requires thorough knowledge of OSHA and HIPAA protections.
9:45:09 AM
CHAIR ZULKOSKY inquired as to AKOSH's involvement with the
administration's Unified Command regarding how to set standards
for employee notification when an individual is considered a
close contact of a known positive case. Additionally, she asked
if AKOSH provided input on workplace exposure and employee
notification for the governor's statewide reopening plan.
9:46:02 AM
MR. KNOWLES said the division has not had direct involvement in
either scenario.
CHAIR ZULKOSKY sought to clarify whether the division has had
any communication with the administration about future plans or
best practices as the state reopens.
MR. KNOWLES said not to the best of his knowledge.
CHAIR ZULKOSKY opined that with surging statewide cases and the
intention of reopening the economy, there should be a direct
line of communication with the governor's Unified Command. She
said an opportunity to coordinate would allow many of the
current issues to be addressed.
CO-CHAIR FIELDS directed attention to a letter from the Alaska
Correctional Officers Association (ACOA) [included in the
committee packet], which discussed testing and employee
notification in correctional facilities. He said the letter is
worth referring to because it mentions many of the
aforementioned issues. He offered his belief that further
guidance for employers regarding COVID-19 procedures is
necessary. He pointed out that without established standards,
DLWD must rely on a general duty clause when an employee's
safety is at risk, which requires a higher burden of proof and
puts the department in a tough position.
9:50:13 AM
REBECCA HIMSCHOOT, Elementary Science Specialist, stated that
the Department of Education and Early Development (DEED) has
offered guidance by providing a webinars series, entitled
"Alaska's Smart Start," which shares information on how to
prepare school districts for the upcoming school year. She said
there's been a lot of controversy surrounding the issue of
reopening schools and how to do so safely. The Smart start
series stemmed from a document that all districts are required
to submit, which outlines their plans for reopening. The series
highlights three levels of risk: high risk for remote learning
only; medium and low risk depending on the level of COVID-19 in
the community. She explained that with over 500 schools in the
state, finding one solution that works for all is challenging.
She said this is the first time she's experienced teachers
"fearing for their lives" regarding their return to work. She
commended DEED for its guidance during this time. She said
questions remain about which teachers are at risk and how to
accommodate those risks. She noted that the guidance changes on
a daily basis. She added that without a statewide mask mandate,
there cannot be a statewide mandate to open schools.
Furthermore, she opined that it would be unjust to require
teachers to be in the classroom unless there are mandated
precautions. She offered several suggestions that she
characterized as essential, including a nurse in every building,
counselors, small class sizes, and touchless sanitizers and
toilets.
9:55:52 AM
MS. HIMSHOOT also questioned how remote education would work for
those children who cannot return to school. She emphasized that
the long-term consequences of exposure to coronavirus are
unknown. She said there's increasing evidence that small
children do not contract COVID-19 or if they do, show mild
symptoms; however, that does not mean that adults couldn't
contract the virus from surfaces they have touched. She
indicated that the best part of an in-person education,
collaborative group problem solving, won't be possible. She
also pointed out that providing PPE to Alaska's most rural
communities could be challenging and expensive. To conclude,
she emphasized the high level of concern amongst educators. She
said teachers want to go back to their students safely, but they
do not want to be forced.
10:00:30 AM
MARK CATLIN, Industrial Hygienist, MDC Consulting and Training,
informed the committee of his twenty-year background in
workplace protection issues pertaining to infectious diseases.
He noted that he has been consulting on those issue during the
pandemic. He said that in 2009, he participated in the
development, passage, and implementation of California's state
standard, which is the only existing standard that addresses
coronavirus. He noted that California's standard has been a
model for the OSHA standard as well as other states. While the
pandemic is unprecedented, he explained, there are experiences
to draw on from issues with building ventilation systems and
human health. The energy conservation efforts that occurred
with buildings in the 1970s and 1980s led to indoor air quality
problems that were solved with source controls and ventilation
solutions. During that time, Alaska was at the forefront of the
research and development of those solutions because of the cold
weather and energy issues in the state. He commended Ms. Kelly
for mentioning the hierarchy of hazard control, which is a
fundamental basis for approaching problems in industrial
hygiene. He explained that eliminating the hazard can't be done
in the current situation until an effective vaccine exists;
however, there are viable options in terms of buildings and
ventilation solutions. One, he said, is source control and
accordingly, universal masking. He pointed out that masks are
not a respiratory protection device, but they do reduce the
amount of virus going into the air. Additionally, he remarked
that surgical masks and other facial coverings are not 100
percent effective. He reported that the Center for Disease
Control and Prevention (CDC) and the State of California
recognize the coronavirus as an airborne disease, indicating
that employees who work indoors should be separated by more than
six feet because if the virus is expelled into the air from
people breathing, speaking, coughing, or sneezing, the virus can
remain airborne for several hours traveling via air currents.
He said engineering controls that address the operation of
ventilation systems are another way to confront the source of
transmission and to reduce potential exposure to the virus.
10:05:54 AM
MR. CATLIN emphasized the importance of HVAC system verification
for building owners. He noted that there are no legal
requirements by AKOSH or other agencies that require HVAC
systems to be monitored, maintained, or updated, but it's
important for them to function properly. Once the HVAC system
is working as designed, he recommended operating the system 24
hours each day, including weekends, to reduce any coronavirus
that might be in the air. Additionally, he recommended allowing
the system to let as much outside air in as possible to provide
more dilution and ventilation. He noted that there is a
requirement for higher level filters for air that's being
recirculated; however, the introduction of those filters causes
disruption of the ventilation system if the HVAC system is not
designed for them. He recommended considering temporary and
localized air filtration systems that could be placed around a
workplace. Furthermore, some have considered the use of UV
light and ion generation technology that might have the ability
to affect coronavirus, but he cautioned against installing them
without looking at the evidence of their effectiveness and
safety.
10:09:52 AM
MR. CATLIN acknowledged the importance of coordinating proper
expertise and experience from different viewpoints. In Alaska,
he said, that could mean coordinating state employees, unions,
building managers, building operators, AKOSH, and experts from
the University of Alaska to develop clear guidance and programs
to address the problem. He opined that an enforceable minimal
standard from OSHA is important because it provides employers
with guidelines and allows for enforcement when they aren't
doing the right thing. He added that if the State of Alaska
could develop a useful program, it could be a model for private
sector employers in the state.
10:12:01 AM
KELLY TSHIBAKA, Commissioner, Department of Administration, said
the [coronavirus] pandemic has had a tremendous impact on all
Alaskans. She maintained that Governor Dunleavy is committed to
ensuring the health and safety of the approximately 15,000
government employees while ensuring continuity of government
operations and protecting the Alaskans that they serve. She
stated that since the outbreak of COVID-19 across the U.S., the
state of Alaska has taken several steps to achieve those
objectives. The state made an unprecedented shift in telework,
increasing the number of teleworking employees from 100 to 6,000
in just a few weeks. She commended the Office of Information
Technology staff for their support in facilitating that effort.
Expedited training was also provided to over 1,500 supervisors
on how to manage telecommuting employees. Additionally, a
coronavirus leave policy was issued to provide paid leave for
employees affected by COVID-19 or quarantine requirements.
Within office environments, new practices were adopted, such as
the use of Microsoft Teams for video conferencing and DocuSign
for electronic signatures on documents. Softphone, an
application that enables users to make and receive phone calls
over the internet, was also implemented. Barrier guards were
installed in office locations, prioritized by those that provide
services to the public, and additional janitorial services were
added in state buildings to augment normal janitorial contracts.
Furthermore, DOA's Division of Personnel held weekly meetings
with union leaders and representatives. Facemasks and required
PPP, as determine by Department of Health and Social Services
(DHSS), was provided for each workplace. Guidance was issued to
all buildings leased and owned by the state on cleaning,
disinfection, and decontamination protocols. Work schedules
were staggard to create greater social distancing at places of
work in accordance with CDC and DHSS standards. Statewide
policies and communications were also drafted, such as
distributing mental health resources, handwashing, elevator
distancing fliers and guidance based on the federal coronavirus
leave law. Additionally, there is coronavirus-specific
workplace safety requirements, including adoption of guidelines
approved by DHSS, which is consistent with CDC guidance. She
continued to convey that new business methods were implemented
to limit public access by leveraging technological solutions,
like online transactions, automated appointments, and doing
business over the phone. She said the state has continued to
provide government services while protecting state employees and
Alaska citizens. Going forward, she indicated that DOA would
continue to maximize workplace safety by promoting and
supporting telework and technology to meet business needs. She
further noted that the department is conducting facility use
analyses to determine the best way to use workspace to maximize
employee safety. Additionally, she said, hand sanitizer is
being provided throughout office locations and cleaning supplies
are available for employees in common areas. Also, employees
are to stay home if they experience COVID-19 symptoms. Lastly,
she said the department is providing continuing education,
training on COVID-19, and best workplace practices during this
time.
10:19:11 AM
REPRESENTATIVE DRUMMOND pointed out that the state and
communities are spending a great deal of money on contact
tracing. However, she recalled an instance when contact tracing
failed and a public announcement was made by the mayor of
Anchorage, listing a number of bars and public facilities where
people had been potentially exposed to COVID-19. She asked how
contact tracing interfaces with the workplace and other public
locations.
10:20:58 AM
COMMISSIONER TSHIBAKA said there was a bulletin issued in
February by the U.S. Department of Health and Human Service's
Office for Civil Rights (OCR), entitled "HIPAA Privacy and Novel
Coronavirus," which dictates what information can be released
about the diagnosis of a patient. She offered her understanding
that DHSS and hospitals adhere to that bulletin's guidelines.
She continued to explain that DOA is not regularly informed when
an employee tests positive for COVID-19 unless the employee
conveys the information, or the epidemiology team determines
that reporting the diagnosis is necessary. She shared her
belief that the mayor's announcement was a result of the later
for the purpose of identifying further contacts.
10:23:20 AM
REPRESENTATIVE SPOHNHOLZ inquired about DOA's efforts to
collaborate with employees to address their workplace safety
concerns pertaining to COVID-19.
COMMISSIONER TSHIBAKA deferred to Kate Sheehan.
10:23:44 AM
KATE SHEEHAN, Director, Division of Personnel and Labor
Relations, Department of Administration, said the division has
been in constant contact with unions and employees. She noted
that when a union is contacted by an employee with questions or
concerns, the union contacts the division for further enquiry.
She said that the division is working with unions and
supervisors on various issues every day.
REPRESENTATIVE SPOHNHOLZ sought further clarification on the
issues being identified by employees and their representatives
and how the division solves those problems.
MS. SHEEHAN said it varies from issues with telework to
complaints about an individual not wearing a mask in the office.
She listed various solutions provided by the division, including
staggering travel, issuing policies, implementing online
booking, closing offices, and executing CDC compliance. She
reiterated that the issues and how they are addressed vary by
location and type of work.
10:26:31 AM
CO-CHAIR FIELDS asked for the timeframe in which the department
notifies employees of a positive test. He also asked who is
notified.
10:27:12 AM
MS. SHEEHAN explained that when an employee tests positive,
contact tracing is initiated and every employee who might have
been in contact with that individual is notified; offices are
subsequently shutdown and a thorough sanitization is performed.
She noted that when an office is closed for cleaning, employees
can work from home or administrative leave is paid.
CO-CHAIR FIELDS asked if "coming in contact" includes everyone
in a shared ventilation system.
MS. SHEEHAN said she does not know and deferred to DHSS.
10:28:50 AM
CO-CHAIR FIELDS asked how many state buildings have ventilation
systems that share air between offices and therefore, require
enhanced filtration and an introduction of outside air to
minimize the risk of COVID-19 [transmission].
10:29:47 AM
COMMISIONER TSHIBAKA said she does not know and deferred to
Department of Transportation & Public Facilities (DOT&PF).
CO-CHAIR FIELDS noted that AFSCME's written statement [included
in the committee packet] includes a recommended minimum
filtration value. He asked the department to follow-up on the
number of state HVAC systems with adequate filtration to capture
coronavirus particles and what the state is doing to update the
systems without that capacity.
10:30:44 AM
CO-CHAIR FIELDS referring to the mention of UV light technology,
inquired about DOA's consideration of nontraditional
disinfectant beyond manually applied sanitizers.
10:31:19 AM
MS. SHEEHAN said the guidance thus far has been related to EPA
approved surface disinfectants, such as Clorox bleach, Lysol,
and hydrogen peroxide. She offered to explore alternative
ideas.
CO-CHAIR FIELDS asked if DOA issued telework guidance for
consistent telework standards across departments. Additionally,
he asked for the department's performance metrics in terms of
reducing the number of total employees that must report to work
in person and how DPA plans to achieve that.
COMMISSIONER TSHIBAKA explained that DOA issued a telework
policy in 2019 for the entire state government, which applies to
the coronavirus pandemic. She said that policy has been put
into effect for state departments during this time. She
reiterated that the department has helped supervisors adjust to
managing a remote workforce.
10:33:39 AM
CO-CHAIR FIELDS sought clarification on the department's long-
term goals for telework regarding the percentage of employees
teleworking on a sustained basis.
COMMISSIONER TSHIBAKA stated that DOA doesn't set measures for
the other state departments, later adding that she is unaware of
a quota or goal percentage. She further explained that DOA is
identifying obstacles that require people to come into work and
is trying to automate them to maximize the number of employees
who can telework long term.
10:36:15 AM
CO-CHAIR FIELDS questioned whether building managers understand
that six feet provides positive, but not adequate, protection
given how aerosolized particles move indoors. He also asked if
the department is communicating that information.
COMMISSIONER TSHIBAKA deferred to DHSS.
10:36:43 AM
REPRESENTATIVE PRAX observed that restaurants in the North Pole
community are not opening because they cannot afford to comply
with existing guidelines. He asked if anyone is considering how
to enable businesses to stay open during the pandemic.
10:38:45 AM
REPRESENTATIVE STORY inquired about the volume of concerned
employees contacting the Division of Personnel and Labor
Relations. She also asked what the mask policy is for
employees.
10:40:16 AM
MS. SHEEHAN said it's hard to speak to the volume. She added
that the division addresses "something" daily. Regarding masks,
she said they are strongly encouraged. She reiterated that DOA
provides masks and the required PPE in all its offices.
10:41:48 AM
TERRI GERSTEIN, Director, State and Local Enforcement Project,
Labor and Worklife Program, Harvard University, informed the
committee of her previous work experience as the deputy
commissioner in the New York Department of Labor, as well as the
labor bureau chief in the New York Attorney General's Office.
She said today, her testimony would focus on how state
governments can protect workers during this unprecedented time.
She indicated that there are a variety of actions that
localities and states have taken, such as issuing executive
orders that impose requirements for masks, PPE provision, social
distancing, and other protections. She said state agencies and
officials could also adopt enforceable coronavirus-specific
workplace safety standards for employers. Additionally, they
could enact greater protections to prevent employer retaliation
against workers who raise concerns about workplace hazards;
enact paid sick leave requirements that fill gaps in federal
law; and enact measures to enable greater access to unemployment
insurance or workers' compensation. Furthermore, state agencies
and officials could require employers to devise and post safety
plans to protect workers and the public from exposure, as well
as require employers to report clusters of COVID-19 to state
health departments. She provided numerous examples of states
and localities that have taken those actions, including
Emergency Executive Order 20-54 issued by Minnesota's governor,
Tim Walz, which allows workers to refuse to work under
conditions that present imminent danger of death or serious
physical harm. She shared another example of an order by the
secretary of the Pennsylvania Health Department that requires
businesses to establish protocols in the event of exposure to an
individual who has tested positive for COVID-19.
10:51:19 AM
MS. GERSTEIN emphasized the importance of strengthening
protections against worker retaliation by employers. She
explained that fear of retaliation could stop workers from
speaking up against workplace hazards, which during the
pandemic, endangers the workers themselves, as well as the
public due to the risk of community spread. For this reason,
she said, a few jurisdictions have strengthened anti-retaliation
laws. She noted that OSHA has an anti-retaliation provision,
but it has a short statute of limitations and lacks a private
right of action; therefore, the state and local laws make a
difference in protecting workers.
MS. GERSTEIN turned attention to paid sick leave. She
referenced the federal Families First Coronavirus Response Act,
which requires certain employers to provide paid sick leave to
workers or expanded family medical leave for reasons related to
COVID-19; however, the federal act excludes many workers,
including those who work for companies of over 500 employees.
She restated that some states and localities have passed paid
sick leave laws to fill in those gaps. She noted that Colorado
passed a modest paid sick day requirement through regulation
using a statute that gives the Colorado Department of Labor and
Employment broad authority to promulgate rules "when the welfare
of the state of Colorado demands that workers be protected from
conditions of labor that have a pernicious effect on their
health and morals and it is therefor declared that inadequate
wages and unfit sanitary conditions of labor exert such
pernicious effect
10:53:47 AM
MS. GERSTEIN stated that unemployment insurance has been an
important safety net for millions of people who have lost their
job during the pandemic. Under most state laws, anyone who
refuses suitable work cannot claim unemployment insurance, which
currently raises the question of whether unsafe working
conditions are considered "suitable work." To ensure that
people are not forced into unsafe working conditions, numerous
states have issued executive orders or guidelines that
articulate broader UI eligibility for coronavirus-related
reasons. She added that some states have facilitated access to
workers' compensation by amending laws to include a rebuttable
presumption that workers got infected at work. Illinois, for
example, enacted the rebuttable presumption in relation to
COVID-19 infection for all essential workers. Additionally, she
pointed out that some states are obligating businesses to plan
ahead by requiring employers to fill out a form that details a
plan to keep workers safe in the event of an exposure. She
opined that providing a templated form gives a systematic
roadmap to employers for considering the risks in their
workplace.
10:57:52 AM
Ms. Gerstein provided several miscellaneous measures that
localities have taken, including hazard pay for gig economy
workers and worker retention and right of recall ordinances.
She pointed out that laws are ephemeral unless made real through
robust and effective enforcement. She highlighted the
importance of publicizing enforcement actions. She referenced a
recent study by a Duke professor, Matthew Johnson, which
examined the impact of OSHA press releases on employers within
the same industry and geographic area. Professor Johnson found
that publishing OSHA findings and violations, as well as
issuance of penalties, led to significant improvements in worker
safety and health. The study concluded that there were
significantly fewer worker injuries as a result of press release
issuance. She emphasized the necessity of a proactive media and
a strategic communications plan regarding enforcement to protect
workers. To conclude, she said workers are terrified to return
to work. She added that the worker safety and health issue is
currently a national crisis. She offered her belief that for
economies to reopen, workplaces must be safe, given the nature
of community spread. Keeping workers safe is a critical
function of state government, she said.
11:01:19 AM
JOELLE HALL, Director of Operations, American Federation of
Labor and Congress of Industrial Organizations (AFL-CIO),
acknowledged that workers and employers are confused right now.
She opined that there's a lack of clarity on how employers and
workers should respond to the identification of a positive case.
She recommended implementing a clear standard for spaces where
employees congregate, such as break rooms. She strongly
encouraged the state to promulgate regulations pertaining to
enforcement and to increase inspections. She suggested
implementing every action discussed by Ms. Gerstein.
Additionally, she opined that Alaska needs stronger unified
communications going out to workers and employers. She
highlighted the importance of clarifying the role of the basic
protections of masking, hand washing, and sanitizing. She said
right now, standards are not clear. She encouraged establishing
a return-to-work policy that includes workers who work in the
effected facilities, not just management.
11:06:48 AM
REPRESENTATIVE JACKSON inquired as to the states with the
highest union density.
MS. HALL answered Hawaii and New York. She noted that Alaska
has slipped to number four on the list behind Washington.
REPRESENTATIVE JACKSON opined that Alaska has already
implemented requirements for safe environments. She added that
there is still more to do.
11:08:48 AM
CO-CHAIR FIELDS reviewed the need for a clear and enforceable
standard from AKOSH, aggressive and public enforcement, as well
as a clear "right to know" for people exposed in the workplace.
11:09:06 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
[11:09] a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| ACOA Letter - Frontline Worker Safety 7.7.20.pdf |
HSTA 7/8/2020 9:00:00 AM |
|
| Article - How State & Localities Can Protect Workplace Safety & Health 7.7.20.pdf |
HSTA 7/8/2020 9:00:00 AM |
|
| Article - How to operate and use building services in order to prevent the spread of COVID 19 7.7.20.pdf |
HSTA 7/8/2020 9:00:00 AM |
|
| ASEA AK - Return to Office Document 7.7.20.pdf |
HSTA 7/8/2020 9:00:00 AM |
|
| AFSCME Letter - Worker Safety 7.8.20.pdf |
HSTA 7/8/2020 9:00:00 AM |