6/23/2020

What Meatpacking Workers Should Know About Their Employment Rights During COVID-19

This is not legal advice. For free, confidential advice about your case, call us at 956-996-8752. 

What are my health and safety rights at work? 

Everyone has the right to: 

  • a safe workplace free from known health and safety hazards. 

  • speak up about health and safety concerns without being retaliated against, including asking questions. 

  • be trained in a language you understand. 

  • be provided necessary safety gear, such as protective masks. 

  • request a government inspection and speak to an inspector. 

You also have the right to work with your co-workers to change workplace problems. 

Regardless of whether you have lawful immigration status, you have the right to a healthy and safe workplace. 

What can I do if my employer is not taking steps to protect me at work? 

(1) Document. You have the right to document the conditions or actions which cause you concern for your health and safety without being retaliated against. Make note of the problem as soon as you notice it. Take a picture and video of the problem, if possible. Try to take multiple photos to show the items and location around it, in addition to a close-up of the problem. If it’s a conversation, write down your notes about what was said as soon as you can. In some states (like in Texas), you can record a conversation without having to tell the other people in the conversation. Save your notes, photos and videos in multiple places besides your phone. 

(2) Communicate. You have the right to talk to your supervisor or employer about health and safety at work without fear of retaliation. This includes asking questions about what precautions your boss is taking to ensure a safe and healthy workspace. If your supervisor is not responding properly, contact their supervisor. Keep notes of who you contact, the day and time, and what was discussed. If possible, have a witness (like another co-worker) present when you discuss your questions or concerns. 

(3) Collaborate. A federal law called the National Labor Relations Act (NLRA) protects workers from being fired or disciplined when they act together to change workplace problems, including trying to get their employer to take safety measures related to COVID-19.1 The key to this right is to act together. Legally, there is safety in numbers. 

The NLRA makes it illegal for an employer to retaliate against an employee when: 

  • A worker raises concerns to a supervisor about unsafe or hazardous working conditions, including the spread or infection of coronavirus, together with a co-worker or on behalf of other employees. 

  • A worker speaks to their employer about workplace problems for another worker. An example of this is when a group of workers agrees that one of them should be the person who will speak to the boss about the problems. 

  • Workers talk among themselves about how to deal with problems at work, if the employer finds out about it. 

  • A worker starts a petition for changes at work, such as asking for health and safety measures. 

  • Workers report workplace problems to the media or a government agency. 

  • A worker takes steps to form a union with their co-workers to address COVID-19 and other workplace issues. See Your Right to Speak Up or Organize at Work for more information on the NLRA. 

(4) Make a Complaint. 

  • OSHA: Any employee, including temporary workers, job applicants, or former employees, managers, or their authorized representatives (like an attorney, a union or other person or group) may file a complaint about unsafe workplace conditions with OSHA. You can make a complaint by calling 800-321-OSHA (800-321-6742) or online here. You can request that your name be kept anonymous. 

  • TDI: You can also report unsafe conditions to the Texas Department of Insurance – Division of Workers’ Compensation’s (TDI-DWC’s) Safety Violations Hotline: 1-800-452-9595. This is a bilingual, confidential 24-hour toll-free hotline that allows Texans to report unsafe working conditions. You can also report violations online here. 

For more information about OSHA, see Staying Safe at Work During the Coronavirus; for more information about the TDI-DWC hotline, see TDI-DWC Safety Violations Hotline Fact Sheet. 

What happens if my boss retaliates against me for raising issues about health and safety at work? 

It is illegal for your employer to discipline, demote, fire, or threaten you, cut your pay, or retaliate in other ways because you: 

  • complain to your employer, orally or in writing, about health and safety issues; 

  • ask questions or express concerns about workplace safety and health; 

  • complain to OSHA or other government agencies about unhealthy or unsafe working conditions; 

  • request safety-related documents; 

  • participate in an OSHA inspection; or 

  • exercise any of your other rights under federal health and safety law. 

If your employer retaliates against you for reporting health and safety issues, you have the right to: 

  • File a retaliation complaint with OSHA. You must file your OSHA retaliation complaint within 30 days of when you were retaliated against. To file your complaint, you can call OSHA at 800-321-OSHA (6742) or file a complaint online here. For more information on OSHA, see Staying Safe at Work During the Coronavirus. 

  • If you work in Texas and your employer retaliated against you after you called the TDI-DWC safety hotline, you may have the right to sue your employer in court to try to get your job back, plus damages. Your deadline to file this type of claim is 90 days from when you were retaliated against. You may talk to a lawyer for advice about filing a case. 

  • You may also have the right to unemployment benefits if you lost your job as a result of retaliation. Please see TRLA’s website page on unemployment insurance for more information. 

If your employer retaliates against you and your co-workers for acting together to address workplace problems, including trying to get your employer to take health or safety measures related to COVID-19, you have the right to: 

For more information on your rights under the NLRA, see Your Right to Speak Up or Organize at Work.