MITCHELL, SD – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Custom Genetic Solutions LLC – a bull stud facility in Mitchell, South Dakota – for exposing workers to hazardous chemicals and toxic substances after an employee fatality. The company faces penalties of $122,602 for two willful and three serious violations.

OSHA received an employer-reported referral from Custom Genetic Solutions LLC that an employee asphyxiated from lack of oxygen due to the use of liquid nitrogen in the facility. Inspectors found that employees filled containers daily and cryogenic freezers weekly with liquid nitrogen. OSHA determined the company failed to implement safety measures, such as oxygen monitoring or ventilation to ensure that the rapidly expanding liquid nitrogen did not displace the oxygen in the room. Additionally, the company failed to train employees on potential health and physical hazards from working with nitrogen gas, and on how to detect the accumulation and release of the gas.

“This employer failed to take necessary steps to protect employees from a potentially oxygen-deficient atmosphere,” said OSHA Sioux Falls Area Director Sheila Stanley. “Employers must assess their workplaces for potential hazards and implement control measures to prevent injuries, illnesses, and fatalities.”

OSHA’s Recommended Practices for Safety and Health Programs provides employers with a plan for managing safety and health within their workplaces, including hazard identification and assessment, hazard prevention and control, and education and training.

The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit https://www.osha.gov.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – U.S. Secretary of Labor Eugene Scalia released the following statement on the passing of Office of Labor-Management Standards Director Arthur Rosenfeld.

“Today, I share the sad news that Arthur Rosenfeld, Director of the Office of Labor-Management Standards, passed away Saturday night. The U.S. Department of Labor and the labor and employment bar have lost an accomplished lawyer and public servant, admired colleague and treasured friend.

Arthur had a long and distinguished career in government, serving on the staff of the Senate Health, Education, Labor and Pensions Committee, as General Counsel of the National Labor Relations Board, Director of the Federal Mediation and Conciliation Service, and in various posts at the Department of Labor.

He was a lively presence, beloved by colleagues and staff. He will be remembered for his warmth, humor and wry wit. We have lost a good man who leaves a proud record of serving his nation admirably.”

WASHINGTON, DC – Last week, the U.S. Department of Labor took a range of actions to aid American workers and employers as our nation combats the coronavirus (COVID-19) pandemic.

Reopening America’s Economy:

• Statement by U.S. Secretary of Labor Eugene Scalia on Being Added to the White House Coronavirus Task Force – “President Trump and Vice President Pence have delivered steadfast leadership throughout the fight against the pandemic. As a member of the White House Coronavirus Task Force, I look forward to help bring Americans back to work–safely.”

Keeping America’s Workplaces Safe and Healthy:

• This week, OSHA continued its efforts to provide detailed, industry-specific guidance for several industries that each face unique challenges in keeping workers safe from coronavirus. Among the documents released this week is guidance aimed at employers who have a duty to keep workers in nursing home and long-term care facilities safe from coronavirus exposure. OSHA’s compliance assistant tools are available to all employers to help protect workers from hazards. 

• The guidance documents released this week include:

• Alert for Dental Industry Practitioners
• Alert for Rideshare, Taxi And Car Service Workers
• Alert for Retail Pharmacy Workers
• Alert for Nursing Home and Long-Term Care Facility Workers

Helping Unemployed Americans:

• U.S. Department of Labor Issues Guidance Announcing the Availability of $100 Million in Short-Time Compensation Grant Funds for States – “The short-time compensation programs are a vital resource for states in phased reopening,” said Assistant Secretary for Employment and Training John P. Pallasch. “By facilitating the expansion of an important tool states can utilize to help bring Americans back to work, we hope that states leverage these funds when developing their re-opening plans.”

• U.S. Department of Labor Issues Guidance and Reminders to States To Ensure Integrity of Unemployment Insurance Programs – The Department of Labor issued targeted guidance and reminders that provide states with details regarding required integrity functions for their regular unemployment compensation programs, as well as those authorized by Pandemic Unemployment Assistance, Federal Pandemic Unemployment Compensation and Pandemic Emergency Unemployment Compensation of the Coronavirus Aid, Relief and Economic Security (CARES) Act, in UIPL 23-20. The guidance aims to help states guard against fraud and abuse of their unemployment insurance systems.

• U.S. Department of Labor Provides Guidance on Pandemic Emergency Unemployment Compensation Program to States – The Department of Labor announced updated guidance, including FAQs, regarding the Pandemic Emergency Unemployment Compensation (PEUC) program authorized by CARES Act. 

• Temporary Changes to the Federal-State Extended Benefits (EB) Program – Unemployment Insurance Program Letter 24-20 provides guidance and responds to state inquiries related to the Federal-State Extended Benefits program and temporary changes to the program in accordance with the Families First Coronavirus Response Act. 

• Helping States with Technology Needs – Secretary Scalia has marshaled the resources of the U.S. Digital Service, the Department of Labor Office of the Chief Information Officer, the Office of Management and Budget, the Department of Labor Office of Unemployment Insurance, and other organizations to assist States as they contend with unemployment insurance system IT issues arising from large claims volume and often outdated computer systems. Together, these agencies have conducted outreach and provided assistance on performance and scalability of systems, procurement prioritization with vendors, call center consultation, and architecture reviews. Several states have already engaged the Department for help, and it remains available to help any state that would like its services.

Defending Workers’ Rights to Paid Leave

• Wage and Hour Administrator Cheryl Stanton authored a blog post regarding the Families First Coronavirus Response Act (FFCRA). Administrator Stanton wrote about how eligible employees working for covered employers can access paid leave under the FFCRA by checking with their employer, requesting the leave, and letting their employer know which of the qualifying conditions applies.

• U.S. Department of Labor to Offer Families First Coronavirus Response Act Webinars to Educate Employees, Employers, State and Local Governments – The U.S. Department of Labor’s Wage and Hour Division will offer three webinars the week of May 18, 2020, for employees, employers, and state and local governments in the division’s Southeast region to educate them on the Families First Coronavirus Response Act.

• Indiana Trucking Company Pays Back Wages to Worker Denied Paid Sick Leave While Experiencing Coronavirus Symptoms and Seeking Diagnosis – A truck driver has received $3,017 in back wages after being denied emergency paid sick leave while he was experiencing coronavirus symptoms and seeking a medical diagnosis. The Wage and Hour Division found the employer violated the Emergency Paid Sick Leave Act provisions of the FFCRA.

• West Texas Paving Company to Pay Back Wages to Worker Denied Paid Sick Leave Despite Doctor’s Order for Coronavirus Quarantine – After an investigation by the Wage and Hour Division an employer will pay an employee $1,200 in back wages after failing to provide the employee paid sick leave under the newly passed Emergency Paid Sick Leave Act, part of the FFCRA.

• Hawaii Food Retailer to Pay Back Wages to Employee Wrongly Denied Paid Sick Leave to Care for Child After Coronavirus Closes School – Wage and Hour Division investigators found an employer in violation of the Emergency Paid Sick Leave Act provisions of the FFCRA due to the employer denying leave entitled to an employee. When advised of its obligations, the employer agreed to pay $800 in paid sick leave benefits to the employee as required. The employer also agreed to display the FFCRA poster, which details employer obligations and employee rights to coronavirus-related sick leave, until December 31, 2020.

• Arizona Company to Pay Back Wages After Denying Paid Sick Leave To Employee Whose Doctor Ordered Coronavirus Quarantine – Wage and Hour Division investigators found an employer paid sick leave for only two of the 13 days the employee spent self-quarantined at the direction of his doctor after potential exposure to the virus.

Helping Dislocated Workers

• U.S. Department of Labor Awards Over $26 Million in Dislocated Worker Grants in Response to Coronavirus Public Health Emergency – The U.S. Department of Labor announced the award of seven Dislocated Worker Grants totaling $26,751,963 to help address the workforce-related impacts of the public health emergency related to coronavirus. This latest award follows three previous waves of funding, bringing the total amount awarded to states and territories to $198,221,958.

During the coronavirus pandemic, the Department of Labor is focused on protecting the safety and health of American workers, assisting our state partners as they deliver traditional unemployment and expanded unemployment benefits under the CARES Act, ensuring Americans know their rights to new paid sick leave and expanded family and medical leave, providing guidance and assistance to employers, and carrying out the mission of the Department.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – Secretary of Labor Eugene Scalia issued the following statement regarding being added to the White House Coronavirus Task Force:

“President Trump and Vice President Pence have delivered steadfast leadership throughout the fight against the pandemic. As a member of the White House Coronavirus Task Force, I look forward to help bring Americans back to work—safely.”

WASHINGTON, DC – Secretary of Labor Eugene Scalia issued the following statement regarding the Federal Retirement Thrift Investment Board:

“I am pleased that today the Federal Retirement Thrift Investment Board voted unanimously in accordance with President Trump’s direction to immediately halt all steps associated with investing Thrift Savings Plan assets in problematic Chinese companies. The millions of federal employees, retirees, and service-members participating in the Plan should not be placed in the untenable position of choosing between forgoing any investment in international equities, or placing billions of dollars in retirement savings in risky companies that pose a threat to U.S. national security. The Board’s action was in the best interest of the Plan’s participants and beneficiaries and the national security of the United States.”

WASHINGTON, DC – Last week, the U.S. Department of Labor took a range of actions to aid American workers and employers as our nation combats the coronavirus pandemic.

Reopening the American Economy:

• Presidential Visit to Arizona – Secretary Scalia joined President Trump for a trip to Honeywell in Phoenix, Arizona. Honeywell is producing millions of N95 respirator masks to help America defeat the coronavirus.

• Statement by U.S. Secretary of Labor Scalia on the April Jobs Report – “Today’s report reflects the massive impact that measures to contain the coronavirus have had on the American workforce. This employment situation is exceptionally fluid. We know that today’s data reflect neither the additional layoffs that occurred in late April and early May, nor the employees beginning to return to work in some States. We also know that, by re-opening safely, we have the capacity to avoid permanent job losses for the overwhelming percent of Americans who, the report shows, currently view their job loss as temporary.”

Keeping America’s Workplaces Safe and Healthy:

• U.S. Department of Labor Offers New Video and Poster On Proper Workplace Use of Respirators – OSHA has released a new video and poster for employers and workers on how to properly wear and remove a respirator. For workers who may need to use respirators to protect themselves from coronavirus exposure, a properly worn respirator can help reduce the wearer’s risk of viral exposure and help prevent its spread to others.

• U.S. Department of Labor Publishes 11 New Translations of OSHA Poster To Help Prevent Workplace Coronavirus Exposure – OSHA has translated and published its “Ten Steps All Workplaces Can Take to Reduce Risk of Exposure to Coronavirus” poster in 11 additional languages.  The poster highlights 10 infection prevention measures every employer should implement to protect workers’ safety and health during the coronavirus pandemic.

Helping Unemployed Americans:

• U.S. Department of Labor Provides Additional Guidance and Assistance To States’ Unemployment Insurance Programs – Assistant Secretary for Employment and Training John P. Pallasch said, “This important guidance provides states the flexibility they need to effectively and efficiently implement the unemployment insurance provisions of FFCRA and the CARES Act while maintaining strong program integrity.”

• U.S. Department of Labor Issues Additional Guidance About Short-Time Compensation Program Provisions – This guidance concerns 100 percent federal reimbursement of certain state Short-Time Compensation (STC) payments, as well as other changes to STC programs. The STC program, also known as “work-sharing” or “shared work,” can play a key role in bringing Americans back into the workplace by allowing an employer, under a state-approved plan, to bring employees back to work at reduced hours while allowing them to maintain unemployment benefits at a reduced level. Employees are then eligible (to the same extent as other employees not participating in the STC program) to have health benefits and retirement benefits. By re-establishing the employees’ jobs and employers’ workforces and maintaining partial UI benefits for the worker, this program can be instrumental in reopening the economy and helping unemployed workers reenter the workforce.

• U.S. Department of Labor Provides Additional Guidance to States On the Federal Pandemic Unemployment Compensation Program – This guidance responds to several specific inquiries and questions raised by states regarding the Federal Pandemic Unemployment Compensation Program, which provides an additional $600 weekly payment to unemployment insurance recipients.

Defending Workers’ Rights to Paid Leave

• The Wage and Hour Division (WHD) added new frequently asked questions as they wrapped up April’s activity connected to the Families First Coronavirus Response Act that included completing more than 400 cases and offering more than 300 outreach events to help educate employers and workers about the new paid leave provisions.

• In Hawaii, WHD resolved a situation where a Certified Public Accountant’s office failed to provide paid family leave to an eligible employee to care for her child whose school was closed due to the coronavirus pandemic. The employer remedied the situation, provided the leave, and agreed to comply with all requirements of the FFCRA going forward.

• In New Jersey, WHD resolved another situation where a worker was denied leave when her child’s daycare was closed due to the coronavirus pandemic. The employee is a single parent with no other options for childcare. WHD secured an agreement to provide the leave, and the worker received payment for her time away from work under the FFCRA.

• This coming week, the Wage and Hour Division will highlight actions enforcing paid leave rights of employees under the Families First Coronavirus Response Act, as well as an action that enforces the pay and overtime provisions of the Fair Labor Standards Act, which will result in back wages for thousands of employees.

Helping Dislocated Workers

• U.S. Department of Labor Awards Over $10 Million in Dislocated Worker Grants in Response to the Coronavirus Public Health Emergency – “As we look to thoughtfully reopen our economy, a central challenge will be to fight back the virus and assist unemployed Americans in finding jobs and getting back to work,” stated Assistant Secretary for Employment and Training John P. Pallasch. “The latest wave of Dislocated Worked Grant funding places eligible individuals into roles where they can help their communities address the effects of the virus.”

• U.S. Department of Labor Provides Additional Flexibility for Dislocated Worker Grants, Allowing Awardees to Use Funds for Contact Tracing – The department announced that Dislocated Worker Grant funding made available to states and territories to employ workers temporarily to respond to the coronavirus public health emergency can be used for contact tracing. Contact tracing is part of the process of supporting patients and warning contacts of exposure to stop chains of transmission.

During the coronavirus pandemic, the Department of Labor is focused on protecting the safety and health of American workers, assisting our state partners as they deliver traditional unemployment and expanded unemployment benefits under the CARES Act, ensuring Americans know their rights to new paid sick leave and expanded family and medical leave, providing guidance and assistance to employers, and carrying out the mission of the department.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – U.S. Secretary of Labor Eugene Scalia issued the following statement on the April 2020 Employment Situation report:

“Today’s report reflects the massive impact that measures to contain the coronavirus have had on the American workforce. This employment situation is exceptionally fluid. We know that today’s data reflect neither the additional layoffs that occurred in late April and early May, nor the employees beginning to return to work in some States. We also know that, by re-opening safely, we have the capacity to avoid permanent job losses for the overwhelming percent of Americans who, the report shows, currently view their job loss as temporary.”

WASHINGTON, DC – Secretary of Labor Eugene Scalia issued the following statement regarding Unemployment Insurance claims:

“As states begin the process of reopening and Americans return to work, today’s unemployment report reflects once again the hardship caused by the coronavirus pandemic. The President’s actions and policies will continue to support American workers during this crisis. All 50 states are now delivering the $600 additional weekly unemployment benefit provided by the CARES Act. The Department has disbursed more than three-quarters of a billion dollars to States to help them deliver this relief as quickly as possible as Americans follow the guidance of public health officials to ‘slow the spread.’ Looking ahead, as workplaces reopen, we must ensure that individuals transition from unemployment back into the workforce. Key to this process will be workplace safety. The Occupational Safety and Health Administration has been at the forefront of workplace safety since January, delivering important resources and guidance to businesses to help them keep workers safe, and investigating and responding to worker complaints.”

WASHINGTON, DC – U.S. Secretary of Labor Eugene Scalia participated in a virtual meeting of the G20 Labor and Employment Ministers to discuss the G20 members’ labor and employment response to the COVID-19 pandemic.

Secretary Scalia emphasized the swift response of President Trump to the hardships faced by American workers, as well as the Administration’s actions to lay the groundwork for an economic rebound once the virus is turned back. Secretary Scalia added: “As we look forward, following this period of exceptional and essential government intervention, we in the States will bear in mind also the policies underlying the robust economy we have recently enjoyed. Those were policies that recognized the value of free markets and free people.”

Access Secretary Scalia’s prepared remarks here.

The group will meet again later this year to monitor progress and consider additional actions and commitments to aid the recovery of G20 labor markets and sustain progress toward common G20 goals.

The mission of the department’s Bureau of International Labor Affairs (ILAB) is to promote a fair global playing field for workers in the U.S. and around the world by enforcing trade commitments, strengthening labor standards, and combating international child labor, forced labor, and human trafficking. For more information about the Department’s work on these issues, visit http://www.dol.gov/agencies/ilab.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – Secretary of Labor Eugene Scalia issued the following statement regarding Unemployment Insurance claims:

“Today’s unemployment report shows continued, elevated unemployment claims caused by the coronavirus pandemic. The Department of Labor is continuing to provide guidance and support to the States as they implement the enhanced unemployment benefits under the CARES Act, with 44 States now paying the $600 additional weekly benefit provided by the Act. The Department also continues to implement the paid leave requirements of the Families First Coronavirus Response Act, and has now initiated hundreds of cases to ensure workers receive what they’re entitled to under the law. As American businesses look to open up again under the guidelines presented by the White House last week, the Department’s Occupational Safety and Health Administration will continue to provide guidance and support to protect workers and ensure safe workplaces, backed up as necessary by appropriate use of OSHA’s enforcement authorities.”