South Carolina occupational health and safety inspectors are investigating 99 workplace complaints related to the new coronavirus, while Governor Henry McMaster begins to loosen public health restrictions for segments of the economy.
The ongoing investigations are only part of the nearly 300 emails, calls and written complaints that the SC Occupational Health and Safety Administration has received about COVID-19 since mid-March, according to information released by the agency on Friday .
The figures highlight the type of concern expressed by workers in South Carolina as companies try to operate or restart during the public health crisis. These initial workers’ protests could serve as a prelude as state leaders prepare to allow more companies to reopen in the midst of the pandemic.
McMaster allowed selected retailers to reopen their doors last week, and some of the state’s major manufacturers, such as Boeing Co., are restarting factories this week after closing operations in early April.
Lesia Kudelka, an OSHA spokeswoman, said that about 135 formal complaints the agency has received so far include concerns about an inadequate amount of personal protective equipment and individuals who continue to work, although they have symptoms of the virus.
Other workers have denounced their employers for failing to comply with social detachment guidelines, or for not listening to or acting on employees’ complaints about the virus, she said.
The individual details of most complaints, however, will remain a secret for now. The state agency, Kudelka said, is required by law to withhold complaints that are still under investigation, even if they are filed under South Carolina’s open records law.
“All occupational health and safety files will be available for public viewing after the employer acknowledges receipt of the summons or after the decision not to issue a summons,” she said.
South Carolina is one of the 22 states in the country that regulates occupational safety and health in public and private workplaces. This means that state officials inspect offices, factories and other occupational environments, not federal employees.
COVID-19 health and safety complaints are not unique to South Carolina. The Washington Post obtained thousands of complaints from OSHA federal office workers across the country in early April.
The newspaper reported the content of these complaints, released under the federal government’s Freedom of Information Act. The story highlighted many complaints similar to those that SC OSHA continues to make.
It is against this background that companies in the United States are trying to assess what kind of legal responsibility they could face if they called their employees back to work in the coming weeks and months.
State and local chambers of commerce across the country are closely monitoring health and safety issues in the midst of the pandemic and discussing the legal implications with their members.
Ted Pitts, president and CEO of the South Carolina Chamber of Commerce, said that legal responsibility is the biggest issue that big and small businesses in the state are asking him. This includes potential lawsuits by workers and customers.
“They worry that when they open again, they are opening up to potential litigation,” said Pitts.
As a result, the South Carolina House and its members are considering asking the General Assembly to pass a temporary law that would protect companies from litigation. Pitts said the move would provide a “safe haven” for companies that follow some basic security protocols to prevent the virus from spreading.
“We are not trying to protect a company that does not follow security precautions,” said Pitts.
The issue can be particularly worrying, as workers who are currently receiving unemployment insurance in South Carolina may not have the option of returning to their jobs.
Dan Ellzey, director of the SC Department of Employment and Workforce, encouraged companies last week to report any workers who refused to leave unemployment and take up their old jobs.
The state OSHA office, Kudelka said, would immediately investigate any complaints alleging a violation that could be an “imminent threat to employees’ health”. The agency, she added, takes all complaints seriously.
“All employers are required to provide safe and healthy workplaces,” said Kudelka. “Given the uniqueness of this situation, SC OSHA continues to refer employers to OSHA and CDC guidelines on how to assess their workplaces and the steps to be taken to ensure that their locations are as safe as possible.”
Reach Andrew Brown at 843-708-1830 or follow him on Twitter @andy_ed_brown.