Labor Unions Seek Appellate Review of OSHA COVID-19 Emergency Temporary Standard
The United Food and Commercial Workers International Union, AFL-CIO, CLC (UFCW), and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) have filed a petition for review of OSHA’s recent COVID-19 Emergency Temporary Standard (ETS) in the District of Columbia Circuit Court of Appeals. The ETS covers only healthcare settings where COVID-19 patients are treated.
According to the petition, UFCW and AFL-CIO have requested review on the grounds that the ETS “fails to protect employees outside the healthcare industry who face a similar grave danger from occupational exposure to COVID-19.” A June 10, 2021, statement issued by AFL-CIO President Richard Trumka indicates that the union is particularly concerned about workers in industries with high rates of COVID-19 infections and deaths, such as meatpacking, grocery, transportation, and corrections. UFCW and AFL-CIO’s statement of issues is due to the court on July 26, 2021.
National Nurses United (NNU) also filed a petition for review of the ETS in the Ninth Circuit Court of Appeals on June 24, 2021. NNU did not identify the grounds for review in the petition and withdrew the petition on July 7, 2021.