Unsafe work requirements: Questions & Answers

UNSAFE WORK ASSIGNMENT Q & A

During the COVID-19 crisis workers have been encountering situations that may be considered unsafe work assignments. In the normal day-to-day operations at work, workers are generally required to comply with management orders and directives. Complying with management directives is considered part of your job duties and not doing so can lead to discipline. Employees covered under a Union contract should usually "obey now, and grieve later." But situations might be different when you are being asked to do something unsafe. 

The following Q & A addresses a specific exception to the general rule that employees must obey orders and grieve them later.

If you are being asked to do something unsafe at work, you should call your Union Rep (call 1-800-732-1188 to be connected) or the Member Resource Center (1-866-210-3000). Due to the high volume of calls we are receiving you may be directed to voicemail, but someone will reach out to you as soon as they can. You can also email safety concerns to safetyreport@ufcw3000.org

*If you are not a member of UFCW 3000 and need support, contact us!

Q:  I've been asked to perform a work assignment that I feel will threaten my personal safety and expose me to serious bodily harm.  Does my Union contract provide any protections for me?

A:  Because you are covered by a Union contract the answer is yes.  Your Union contract includes a just cause provision.  In this situation, just cause means you should not be disciplined for refusing to obey an unreasonable order.  An order to perform a work assignment that is likely to cause serious bodily harm to an employee is not reasonable.  To be covered by this exception, your fear of bodily harm must be objectively reasonable and not speculative.

Q:  Are there any specific laws that offer protection to workers who are asked to perform unsafe work assignments?

A:  Yes, there are state and federal laws that provide additional or separate protections.  One example is OSHA (click here to read an OSHA summary).

Q:  What should I say to my employer if asked to perform a work assignment that is likely to cause me serious bodily harm?

A:  It is always best to try to work with management to solve the problem.  For example, you should explain to management why you feel the work assignment is unsafe or dangerous so that your employer has an opportunity to problem solve.  You can also tell your supervisor you would be happy to accept the work assignment if it can be made safe to perform i.e., by providing you with adequate equipment or protective devices, adequate supplies, protective clothing, additional staffing, etc.     

Q:  Should I leave work if my employer insists that I perform the unsafe work assignment?

A:  No, under most circumstances, you should stay on site and remain available to work safe assignments.  If management sends you home, asks to meet with you to investigate the situation, or issues you any discipline, you should contact your union rep or the rep of the day immediately.

Safety and Workers' Rights in Extreme Heat Situations

More and more, we face hazardous weather events like extreme heat that can affect us at work and at home. In dangerously hot conditions you can take action to stay safe and healthy, like drinking plenty of fluids, staying out of the sun, checking on vulnerable people, and taking extra precautions when outside.

Under the Occupational Safety and Health Act (OSHA), employers have a duty to protect workers from recognized serious hazards in the workplace, including heat-related hazards. Especially if you work outside, be aware of your health and safety during any Excessive Heat Warning, and check in with your coworkers. If your workplace doesn’t feel safe, tell management and contact your Shop Steward or Union Rep as soon as you can. Find our FAQ on refusing unsafe work assignments here.

This kind of extreme weather is dangerous in our workplaces and our communities, which is why UFCW 3000 members work for climate policies that will help protect us and our future health.

Contact Us:

• Find your Union Rep (call 1-866-210-3000 to be connected)

• File a safety report by emailing safetyreport@ufcw21.org with your name, work location, contact information, and a description of the safety issue

• Not a union member? Get in touch if you want to organize your workplace.

Check National Weather Service Excessive Heat Warnings in Washington:

Extreme Heat at Work

OSHA has three basic recommendations for safety in extreme heat are: 💧 water, 🪑 rest, and ⛱️ shade.

Under OSHA law, employers are responsible for providing workplaces free of known safety hazards. This includes protecting workers from extreme heat. An employer with workers exposed to high temperatures should establish a complete heat illness prevention program.

• Provide workers with water, rest, and shade.

• Allow new or returning workers to gradually increase workloads and take more frequent breaks as they acclimatize, or build a tolerance for working in the heat.

• Plan for emergencies and train workers on prevention.

• Monitor workers for signs of illness.

If you perform work outdoors for more than 15 minutes in a 60-minute period, you may be considered an Outdoor Worker in Washington, and your employer may have responsibilities to you under Washington State’s emergency heat exposure rules effective through June 15, 2022. When temperatures are at or above 89 degrees, employers must provide outdoor workers with cool water and additional paid cool-down rest time, and when the temperature is at or above 100 degrees, employers must also provide other ways to cool down like a shaded area and ensure you have a paid cool-down rest period of at least 10 minutes every two hours.

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Safety & Heat-Related Illnesses Information

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Heat illness can be very serious. Learn the symptoms of heat illness and basic safety recommendations so you can stay safe at work and home.

Information from Washington State Dept. of Health:

Information from King County Public Health:

Basic HEAT Safety Tips:

• Spend more time in air-conditioned places if possible

• Dress in lightweight clothing

• Drink plenty of water and avoid drinks with caffeine, alcohol, and large amounts of sugar—sip frequently, don’t wait until you’re thirsty

• Do not leave children or pets unattended in vehicles under any circumstances

• Reduce activities that are tiring or take a lot of energy

• When outside, limit the time you’re in direct sunlight

• Do outdoor activities in the cooler morning and evening hours

• During outdoor work, the Occupational Safety and Health Administration recommends scheduling frequent rest breaks in shaded or air conditioned environments

• Anyone overcome by heat should be moved to a cool and shaded location. Heat stroke is an emergency! Call 9 11.

Learn the signs of heat-related illnesses:

Heat Stroke

WHAT TO LOOK FOR:

• High body temperature (103°F or higher)

• Hot, red, dry, or damp skin

• Fast, strong pulse

• Headache

• Dizziness

• Nausea

• Confusion

• Losing consciousness (passing out)

WHAT TO DO

• Call 911 right away—heat stroke is a medical emergency

• Move the person to a cooler place

• Help lower the person’s temperature with cool cloths or a cool bath

• Do not give the person anything to drink

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Heat Exhaustion

WHAT TO LOOK FOR:

• Heavy sweating

• Cold, pale, and clammy skin

• Fast, weak pulse

• Nausea or vomiting

• Muscle cramps

• Tiredness or weakness

• Dizziness

• Headache

• Fainting (passing out)

WHAT TO DO:

• Move to a cool place

• Loosen your clothes

• Put cool, wet cloths on your body or take a cool bath

• Sip water

• Get medical help right away if:

  • You are throwing up

  • Your symptoms get worse

  • Your symptoms last longer than 1 hour

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Heat Cramps

WHAT TO DO:

• Stop physical activity and move to a cool place

• Drink water or a sports drink

• Wait for cramps to go away before you do any more physical activity

• Get medical help right away if:

  • Cramps last longer than 1 hour

  • You’re on a low-sodium diet

  • You have heart problems

WHAT TO LOOK FOR:

• Heavy sweating during intense exercise

• Muscle pain or spasms

Public Health Recommendations to Minimize the Spread of Novel Coronavirus (COVID-19) in Retail Food Establishments.

These are guidelines from Public Health – Seattle & King County for retail, food, and grocery businesses and workers. If you would like to report safety concerns at your workplace, please speak with your Shop Steward or Union Rep, or email safetyreport@ufcw21.org and include where you work, your safety concerns, and how best to contact you.

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March 16, 2020

As of March 16, 2020, King County has updated their guidelines for retail and grocery stores as follows.

Please note: The “retail” guidance seems to have been incorporated into the general essential businesses guidance here: https://www.kingcounty.gov/depts/health/covid-19/workplaces/retail.aspx

The COVID-19 prevention measures and mandatory actions for retail establishments:

Based on CDC guidance and Governor Inslee's Proclamation these establishments must observe the following COVID-19 prevention measures.

Retail establishments must align with COVID-19 prevention measures as follows:

1. Older adults and individuals with underlying medical conditions that are at increased risk of serious COVID-19 are encouraged not to attend (including employees).

   • Suggestion: Take specific steps to encourage older adults age 60 and above and those with underlying health conditions not to attend. For groceries, banks, and other essential establishments, consider implementing dedicated times exclusively available for highly vulnerable populations.

2. Social distancing recommendations must be met (i.e., limit contact of people within 6 feet from each other for 10 minutes or longer).

   • Suggestion: Establishments should ask themselves: how close will people be and for how long? Ensure that your business is organized in such way to avoid close contact between people. Washington Department of Health advises that “being within 6 feet of a sick person with COVID-19 for about 10 minutes” constitutes close contact which could result in exposure.

3. Employees must be screened for coronavirus symptoms each day and excluded if symptomatic.

   • Suggestion: Have a plan to screen employees or volunteers every day. CDC guidelines identify the key symptoms to watch for as fever, cough and shortness of breath.

   • Signage should discourage attendance for any person who has these systems.

4. Proper hand hygiene and sanitation must be readily available to all attendees and employees.

   • Suggestion: Provide ready access to hand sanitizer and hand sanitizer stations and request employees and customers to abide by personal hygiene recommendations. CDC recommends that people wash their hands often, and if soap and water is not readily available, use hand sanitizer that contains at least 60% alcohol, and to avoid touching your eyes, nose and mouth with unwashed hands.

5. Environmental cleaning guidelines from the U.S. Centers for Disease Control and Prevention (CDC) are followed (e.g., clean and disinfect high touch surfaces daily or more frequently).

   • Suggestion: Ensure a clean and sanitary environment. Have employees disinfect frequently-touched surfaces such as doorknobs, tables, desks, and handrails. CDC provides detailed environmental and disinfection recommendations.

Additional guidance that retail establishments must adhere to:

Based on CDC guidance, retail and service operators should adopt the following practices:

1. Encourage staff who can to telework

2. Consider the following measures to achieve social distances requirement

   • Spacing workers at the worksite

   • Staggering work schedules

   • Decreasing social contacts in the workplace (limit in-person meetings)

   • All break areas must accommodate distancing

   • Reducing the capacity of customers

3. Strive for flexible leave policies for staff who need to stay home due to school/childcare dismissals.

4. Place posters and other signage that encourage staying home when sick, cough and sneeze etiquette, and hand hygiene at the entrance to your establishment and in other nearby areas where they are likely to be seen by customers and clients.

5. Provide disposable wipes to ensure frequently used surfaces are cleaned.

6. Each retail establishments must have a lead employee to ensure compliance with this guidance.

Specifically in grocery stores:

• Apply the social distancing recommendations to any lines that form inside or outside of the store

• Prohibit self-serve foods, including hot bars, cold bars and buffets.

• Prohibit product sampling

• Appoint a designated sanitation worker at all times to continuously clean and disinfect frequently touched surfaces and meet the environmental cleaning guidelines set by the CDC.

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March 5, 2020

Food has not been identified as a likely source of COVID-19 infection at this time; however food businesses can play an important role in both protecting their employees and their customers from coronavirus infection by following the below personal and environmental hygiene practices.  

• Stay home when you are sick with fever, coughing, and sneezing. 

• Wash your hands thoroughly with soap and warm water for 20 seconds upon first arriving to work, after using the restroom, before and after eating and frequently throughout the day.  Avoid touching your eyes, nose or mouth. 

• Provide alcohol based (60%) hand sanitizers for use for both employees and customers by placing them at convenient/accessible locations.

• Use sanitizing solution (i.e., one teaspoon of unscented household bleach in a gallon of cool water) to frequently sanitize commonly touched surfaces and objects such as electronics, door knobs, faucet handles, counter tops, cash machine key pads, dining tables frequently throughout the day. Change the sanitizing solution at least once every four hours.

• Consider temporarily limiting self-serve operations.  Examples of such operations include; salad bars, buffets and dispensers.  Replace utensils frequently (approximately hourly) during peak use hours for self-serve style operations.

• Ensure dishwasher and/or three –compartment sinks are used properly and have the appropriate level of sanitizer for final rinse (50-100 PPM chlorine based sanitizer, follow product label for other approved sanitizers).

• Ensure sneeze guards are in place where required.

• If you have food employees at higher risk for coronavirus with underlying health conditions, such as people 60 or older, people with underlying health conditions (heart disease, lung disease, or diabetes) or those with weakened immune systems or those who are pregnant: consider temporarily assigning them to non-public-contact duties.

If you are a food business owner or a food worker and have questions related to your operation please reach out to your Health Investigator or call 206-263-9566 to speak with office staff.  For the latest information, please visit the following site: https://www.kingcounty.gov/coronavirus