Business Law- Ethical Concern for Essential Workers during COVID-19
Introduction
With the rise and increased spread of the coronavirus, there has been a notable surge both economically and socially in terms of healthcare provision. The virus has prompted the emergence of other concerns, which are rapidly invoking controversies among the Americans and especially to the essential workforce that is not exempted from working from home. This group of the population has been deemed the most vulnerable to the COVID-19, influenced mainly not only by their line of work but their economic status as well. In this light, several ethical issues are progressively being identified relating to these essential workers risking their lives to provide services to the public during this dire moment alongside meeting their personal needs. From their point of view, the increasing virus spread has no bounds, and presumably, their health is their priority. Besides the measures the US government is trying to put in place, most essential workers, especially at McDonald’s Inc, the fast-food industry in California, still feel vulnerable, unconcerned for, and more undoubtedly underpaid.
Summary of the News Event
Factual Background
According to Corbett (2020), a statement report by Moral leaders published by TIME reflected on the need for relief bills centered on meeting the needs of the homeless, uninsured, and more exorbitantly, the low-wage workers. They have been deemed essential workers while their wages do not reflect the same. The arguments they conveyed portrayed that the health and safety of the lowly-paid ‘essential workers’ were not considered as the rest of the population deemed non-essential were objectively allowed to operate from home (Corbett, 2020). From their point of view, Corbett (2020) noted that they generalized the workforce encompassed and significantly affected by the ‘essential workers’ notion not only to be the healthcare providers but also the transportation, grocery stores, food services, sanitation, and childcare facilities staff. For instance, Poon, Bliss & Patino (2020) observe that the closure of most institutions in the US and especially the childcare facilities have adversely affected most workers with kids. However, the state governments, alongside the national government, have opened up extra childcare facilities while observing the utmost sanitation and physical distancing (Poon, Bliss & Patino, 2020).
Nonetheless, services from these facilities are limited to only frontline workers, for instance, the local hospital staff, public health personnel, and disaster service workers (Poon, Bliss & Patino, 2020). This issue remains a poignant dilemma to other social workers operating in other essential industries in the country attacked by these limitation rules. Alternatively, Callaci (2020) notes that workers working in these institutions are as well at a higher risk of contracting the virus since children are among the vulnerable populations to the COVID-19. In light of this, ethical issues of essential workers risking their health and that of their family to get low wages are depicted (Callaci, 2020). Additionally, the leaders explored the fact that the non-essential workforce allowed to operate from the safety of their homes has health insurance, and higher salaries (Corbett, 2020). Unfortunately, the essential workforces-to be precise 90% of them- have no health insurance, and the wages they receive do not even match the level of risk they are taking.
The Legal Issue Presented by this News Event
Sainato (2020) argues that from arguments put across by various humanitarians concerned with the issues relating to the essential staff, the most susceptible groups constitute the healthcare workers, delivery people, food service staff, and sanitation workers majorly. Likewise, cable guys, Amazon warehouse pickers, transportation staff are also part of the team. Unfortunately, they risk the health and safety of their families to provide services whose pay does not rhyme with the risks they are prone to. Notably, according to the leaders of the Poor People’s Campaign, these social workers have no health insurance, no permanent wage, nor a paid sick leave (Corbett, 2020). In other words, their situation is not impartial to that of the non-essential workforce. The moral leaders implored Congress to fight for a change, especially in the response strategy regarding the essential workers on the COVID-19 pandemic.
The Current Status of the Matter
Based on a series of observations, Bernsten (2020) observes that essential health workers have few remedies and rights about the protection of their health, safety, and livelihood. As a significant construct agency in maintaining the health and safety standards of the US workforce, the Occupational Safety and Health Administration (OSHA) efforts have been questioned due to its lack of safety measures to safeguard workers against their employers (Bernsten, 2020). For instance, OSHA does not have any jurisdiction to enforce any policy related to the coronavirus currently. It is only limited to contacting employers and sending them recommendation letters relating to the outlined protective measures. Most importantly, it is empirical to note that OSHA can only act against employers who do not observe these protective measures, for instance, where they fail to offer hand soap, paper towels, or water for sanitation (Bernsten, 2020). At the same time, it has been observed that these essential staff members are at risk of spreading the infection to others since, despite their illness, they have no income subtle to meet their needs. Also, it is worth noting that the shortage of healthcare at their disposure may prompt the essential workers to wait until their last minute before seeking medical attention, which risks their health at a more conjured state.
Additionally, most workers are afraid of losing their jobs in case they speak out against employers who do not adhere to these safety standards. Likewise, employees who do not have kids cannot go to work. Most of them only earn hourly pay, which results in more financial burdens. More so, undocumented workers who are not entitled to hazard pay and are unable to provide for their families still show up at work and potentially spreading the infection.
Range of Potential Outcomes
Based on a research estimate, (Lane, 2020), firstly, there will be a noticeable wider income gap where more wealthy people will be in a position of recovering from the COVID-19 financial constrictions. However, the less affluent will have difficulties in improving, thereby; widening the socio-economic gap further than it is now (Lane, 2020). Secondly, there will be increased death rates among communities living in poverty due to a lack of access to healthcare, food, and even financial resources to afford these essentials. At the same time, (Lane, 2020), there will be a decline in the labor market as the essential workers succumb to the COVID-19 infection as they strive to meet their needs while risking their health and safety. Also, social services will be less available with a decreased workforce alongside the increased fear of risking one’s health while striving to meet needs (Lane, 2020). This is concurrent with the ongoing walkouts and strikes organized by these social service workers who are exposed to the coronavirus infection.
Personal Opinion Regarding the News Event
According to Hamilton (2020), most companies operating during this time are contributing to risky potentials on the essential workers. While the non-essential staffs work from the safety of their homes, amidst compensation and a package of benefits, essential workers are down to their toes, risking their health to meet their needs (Hamilton, 2020). In utter dismay, these businesses are secured by the fact that the law does not require them to provide these workers with the most basic safety needs. For instance, in the case of McDonald’s fast-food hub, the executive is working from home while the subordinate staff must show up every day (Hamilton, 2020). They are paid low wages per hour in a city that has the highest cost of living in the US. Also, I noted that there are no laws in place to protect the rights of essential employees. For instance, there are no litigations under the Occupational Safety Health Act of 1970 or the Labor-Management Relations to protect workers who refuse to work under hazardous conditions. According to Bernsten (2020), OSHA is only mandated to act on employers who do not provide hand soap, paper towels, or water for sanitation. I think, to resolve this issue, OSHA needs to issue temporary emergency standards that would require organizations to safeguard their employees facing high exposure to the infection (Bernsten, 2020). Also, there should be an increase of OSHA examiners nationwide to evaluate adherence to these standards by various workplaces. Likewise, warehouses need to elect health and safety committees that would workers more protections and eliminate workplace hazards. On the side of companies, there should be additional compensation for employees for the risks they are taking. More so, employees should be granted paid medical leave, which they can access for their families and themselves.
Additionally, Bernsten (2020) states that the government should offer safety standards to protect employees from all sorts of infections and necessitate their accessing affordable healthcare in case of sickness. Also, the government should ensure vigorous enforcement of workplace standards set in place by OSHA. Lastly, employees should be allowed to access unions to help implement safety protections and compensation standards above the minimum.
Application of News Event to BBA Coursework
The ethical concerns on essential workers during COVID-19 translate to the potential risk factors that affect employees at workplaces. The uproar of coronavirus has assisted in assessing circumstances in which most firms had deemed employees expendable as a result of failure to honor the employment terms. This aspect has attracted the assistance of the non-profit sector to assist the essential employees in countering this infection alongside their families. For instance, Feeding America organization has a COVID-19 response fund that disseminates food banks across the nation, especially to kids who rely on school food (Gordano, 2020). Also, (Gordano, 2020) the Oxfam America is striving at delivering sanitary supplies to the essential workers and other people at a higher risk of COVID-19 infection.
My BBA coursework has been of great importance in identifying and analyzing ethical issues related to essential workers during this period of COVID-19. By assessing the inequities presented by the various organizations represented by these workers, I have realized the various problems employees face. It has also helped in identifying the organizations’ effort towards observing the code of ethics that ensures employee safety in all dimensions. In this light, my coursework has illuminated the defects stipulated by various companies in providing employee protection during this time of disaster. Consequently, it has helped me establish the limitations of the Occupational Safety Health Administration (OSHA) in favorably addressing safety issues to organizations on the need for employee protection. Additionally, through my knowledge in business law and ethics, I have successfully provided safety reforms that these organizations may implement to ensure their actions towards essential employees are ethical.
References
Bernsten, Jules. (2020). The Laws That May Protect Employees From Coronavirus. Retrieved From https://prospect.org/labor/laws-that-may-protect-employees-from-coronavirus-hazards/
Callaci, Brian. (2020). Unsanitized Frontline Workers Deserve More Than Hazard Pay. Retrieved From https://prospect.org/coronavirus/unsanitized-frontline-workers-deserve-more-than-hazard-pay/
Corbett, Jessica. (2020). “The Poor, the Sick, the Homeless, the Children, the Low Wage Workers”: Moral Leaders Demand Coronavirus Relief For Most Vulnerable. Retrieved from https://www.commondreams.org/news/2020/04/02/poor-sick-homeless-children-low-wage-workers-moral-leaders-demand-coronavirus-relief
Gordano, Medea. (2020).Non Profits and Companies Helping to Fight the Pandemic. Retrieved From. https://www.wired.com/story/covid-19-charities-nonprofits-companies-helping/
Hamilton, Nolan. (2020). Striking McDonald’s Workers Say Their Lives Are More Essential Than The Fast Food. Retrieved From http://inthesetimes.com/working/entry/22440/mcdonalds-fast-food-workers-essential-strike-labor-coronavirus
Lane, Salvan. (2020). Coronavirus Exposes Scars of Great Recession. Retrieved From https://thehill.com/policy/finance/494625-coronavirus-exposes-scars-of-great-recession
Poon, L., Bliss, L., & Patino, M. (2020). The Great Global Child Care Crisis. Retrieved From. https://www.citylab.com/life/2020/04/coronavirus-daycare-essential-workers-parents-child-care/608605/
Sainato, Michael. (2020). “We are Risking Our Life”: Coronavirus takes a toll on essential Workers Still on the Job. Retrieved from https://www.theguardian.com/world/2020/apr/12/essential-workers-coronavirus-outbreak-us